Agenda packet, regular meeting — Palm Desert City Council, September 12, 2024 (part 2 of 3)

ADDENDA CONFIRMATION
Addendum #1
Confirmed Jul 22, 2024 9:21 AM by Estela Candelario
Addendum #2
Confirmed Jul 22, 2024 9:21 AM by Estela Candelario
Addendum #3
Confirmed Jul 22, 2024 9:21 AM by Estela Candelario
Addendum #4
Confirmed Jul 22, 2024 9:21 AM by Estela Candelario
Addendum #5
Confirmed Jul 22, 2024 9:21 AM by Estela Candelario

QUESTIONNAIRE

1. BID ACKNOWLEDGMENT*
To 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.

A. In response to the Contract Documents for project number 2024-IFB-121 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.

B. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier. 258
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C. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

D. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) Days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements.

E. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made a part of this Bid.

F. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned.

1. If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California; or

2. If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Confirmed

2. BID SCHEDULE*
IMPORTANT:

THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT.

FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON-RESPONSIVE BID.

THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS. 259
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The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank spaces appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.

If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).

I certify that I have read, understood the above statement.

Confirmed

3. BID GUARANTEE*
IF SUBMITTING AN ORIGINAL BID BOND: Please download the Bid Bond Form under #ATTACHMENTS, and Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline.

IF SUBMITTING CASH OR CASHIER'S CHECK: Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline.

IF SUBMITTING AN E-BID BOND: follow E-Bid Bond instructions.

E-Bid Bond via Surety2000 (submitted electronically under E-Bid Bond)

4. E-Bid Bond
Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARE NOT SUBMITTING A HARD COPY BID BOND, CASH, OR CASHIER'S CHECK.
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Bond ID: SCA0722717037
Vendor ID: 93-3318797

5. Enter Surety Company "Name" who Issued Bid Guarantee * This information will be verified against the California Department of Insurance Website.

United Fire & Casualty Company
Click to Verify Value will be copied to clipboard

6. DESIGNATION OF SUBCONTRACTORS*
Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO...

DESIGNATION_OF_SUBCONTRACTORS_7-22-24.pdf

7. BIDDER INFORMATION AND EXPERIENCE FORM*
Please download the below documents, complete, and upload. • BIDDER_INFORMATION_AND_EXPE...

BIDDER_INFORMATION_AND_EXPERIENCE_FORM.pdf

8. NON-COLLUSION DECLARATION*
The undersigned declares:

I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost 261
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element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Confirmed

9. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION* Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.

No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.

Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

A. Bidder shall maintain a current DIR registration for the duration of the project.

B. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

C. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is nonresponsive.

Confirmed
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10. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1001102935
Click to Verify Value will be copied to clipboard

11. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 1074243
Click to Verify Value will be copied to clipboard

12. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION* I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Confirmed

13. Fleet Compliance Certification*
I hereby acknowledge that I have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). I hereby certify, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

14. Fleet Compliance Documentation*
Please attach supporting documentation for the selection made in the above item. 263
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Document1.pdf

15. Type of Business*
S Corporation (if corporation, two signatures are required)

16. Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website.

Estela Candelario
Click to Verify Value will be copied to clipboard

17. How many years has Bidder’s organization been in business as a Contractor? * 1 year

18. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
Estela Candelario
President
2947 Lincoln St. Unit 105 Banning, CA 92220
[email protected]
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(909) 269-2333
Estela Candelario
President
2947 Lincoln St. Unit 105 Banning, CA 92220
[email protected]
(909) 269-2333

19. Nondiscrimination Certification*
The City of Palm Desert is committed to promoting equal opportunity in its contracting activities. We ensure that all individuals seeking to do business with the city treat contractors, subcontractors, and employees fairly, without discrimination based on race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, sexual orientation, or membership in any other protected class.

For any purchase exceeding $10,000, vendors must certify compliance with the City’s nondiscrimination policy (G.C. 3.30.200) before contract award. No contract will be awarded until the contractor submits this certification.

By clicking the confirmation box below, the vendor certifies that they have read the code and agree to comply with its requirements.

Failure to comply may result in termination of any agreement entered into with the vendor.

Confirmed

PRICE TABLES

COOK & MARKET BID SCHEDULE
Irrigation, Landscape, and Material Costs. Line items to include Labor, Material, and Equipment needed to complete the task 265
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Mobilization 1 Lump Sum $22,297.36 $22,297.36
2 Traffic Control 1 Lump Sum $22,371.31 $22,371.31
3 Clearing and Grubbing, includes protecting existing trees, palms, shrubs, and cacti as outlined in the Plans
1 Lump Sum $7,723.52 $7,723.52
4 Landscape Grading Adjustments 1 Lump Sum $70,992.65 $70,992.65 5 Relocate Existing Boulders (4-4' dia, 16-3' dia, 56-2' dia) 1 Lump Sum $6,499.46 $6,499.46 6 Relocate existing Crushed Stone (Remove, clean, and relocate as shown on Plans.

Size: 3"-12" Diameter, +/- 1,360 square feet)
1,360 Square feet $2.58 $3,508.80
7 Decomposed Granite ('Desert Gold' or approved equal. Size: 3/8" minus, 40,850 square feet +/-)
40,850 Square Feet $1.14 $46,569.00
8 Rubble ('Hickory Creek' or approved Equal. Size 4" - 6" diameter. 4,850 square feet +/-)
4,850 Square Feet $2.69 $13,046.50
9 Crushed Rock ('Apache Sunset' or approved equal. Size: 2" - 4" Diameter. 15,600 square feet +/-)
15,600 Square Feet $2.04 $31,824.00
10 Crushed Rock ('Apache Sunset' or approved equal. Size: 3/4" Diameter. 450 square feet +/-)
450 Square Feet $5.54 $2,493.00
11 Irrigation System Installation 1 Lump Sum $58,893.96 $58,893.96 12 Separate Irrigation Controller for Future Tie-in: Rainbird 24+ station min., pedestal (independent of Cook St & Market Place irrigation system) 1 Each $674.62 $674.62
13 Brahea armata (Mexican Blue Palm) (24" Box) 19 Each $576.62 $10,955.78 266
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
14 Lysiloma microphylla Feather Tree) (24" Box, multi trunk) 1 Each $535.03 $535.03 15 Chilopsis linearis (Desert Willow - LOW 0.2) (24" Box, multi trunk) 8 Each $474.19 $3,793.52 16 Bougainvillea 'Oo-la-la' (Oo-La-La Bougainvillea - Mod 0.5) (5 gallon) 51 Each $21.65 $1,104.15 17 Calliandra eriophylla (Pink Fairy Duster - LOW 0.2) (5 Gallon) 23 Each $26.23 $603.29 18 Leucophyllum zygophyllum 'Cimarron' (Cimarron Texas Ranger - LOW 0.2) (5 Gallon) 4 Each $29.77 $119.08 19 Lantana montevidensis (Purple Lantana - Mod 0.5) (5 Gallon) 34 Each $19.03 $647.02 20 Asclepias subulata (Desert Milkweed - LOW 0.2) (5 Gallon) 39 Each $37.48 $1,461.72 21 Dasylirion acrotrichum (Green Desert Spoon - LOW 0.2) (5 Gallon) 25 Each $24.27 $606.75 22 Dasylirion longissimum (Mexican Grass Tree - LOW 0.2) (5 Gallon) 51 Each $27.54 $1,404.54 23 Ferocactus acanthodes (Compass Barrel Cactus - LOW 0.2) (10" minimum Diameter) 16 Each $54.39 $870.24 24 Yucca pallida (Pale-leaf Yucca - LOW 0.2) (5 Gallon) 53 Each $42.63 $2,259.39 25 Yucca elata (Soaptree Yucca - LOW 0.2) (15 Gallon) 36 Each $147.80 $5,320.80 26 Muhlenbergia capillaris 'Regal Mist' (Pink Muhly - Mod 0.5) (5 Gallon) 94 Each $20.99 $1,973.06 27 Nolina microcarpa (Beargrass - LOW 0.2) (5 Gallon) 9 Each $29.77 $267.93 28 Calliandra inadequilatera (Pink Powder Puff - Mod 0.5) (5 Gallon) 16 Each $126.63 $2,026.08 29 Pyrostegia venusta (Flame Vine - Mod 0.5) (5 Gallon) 24 Each $126.63 $3,039.12 267
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
30 Exterior Bollard Lighting Fixture (NLS Lighting #SSD-4-8R-COG45-16-7-50K-UNV-ABBRZ-VRB-PC)24 Each $1,617.82 $38,827.68 31 Maintenance and Plant Establishment 1 Lump Sum $8,304.11 $8,304.11 32 Sand and repaint existing wrought iron fence. Paint is Dunn Edwards "Acorn" exterior.
1 Lump Sum $7,366.29 $7,366.29
33 Electrical / Lighting Installation to include all conduit, lighting cable, junction boxes, and connections to existing pedestals, timers (Intermatic T101R), etc. and constant power to new irrigation controllers.
1 Lump Sum $60,363.00 $60,363.00
34 Include $10,000 contingency for Additional Planting, Irrigation or Inert Material, etc. 1 Lump Sum $10,000.00 $10,000.00 TOTAL $448,742.76

FRANK SINATRA DRIVE BID SCHEDULE
Irrigation, Landscape, and Material Costs. Line items to include Labor, Material, and Equipment needed to complete the task Line Item Description Quantity Unit of
Measure
Unit Cost Total
32 Mobilization 1 Lump Sum $22,297.36 $22,297.36
33 Traffic Control 1 Lump Sum $22,371.31 $22,371.31
34 Clearing and Grubbing, includes protecting existing trees, palms, shrubs, and cacti as outlined in the Plans
1 Lump Sum $10,539.23 $10,539.23
35 Landscape Grading Adjustments 1 Lump Sum $91,850.71 $91,850.71 268
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
36 Relocate Existing Boulders (11-4' dia, 38-3' dia, 77-2' dia) 1 Lump Sum $10,817.69 $10,817.69 37 Relocate existing Crushed Stone (Remove, clean, and relocate as shown on Plans.

Size: 3"-12" Diameter, +/- 4,190 square feet)
4,190 Square feet $2.45 $10,265.50
38 Decomposed Granite ('Desert Gold' or approved equal. Size: 3/8" minus, 52,450 square feet +/-)
52,450 Square Feet $1.14 $59,793.00
39 Rubble ('Hickory Creek' or approved Equal. Size 4" - 6" diameter. 10,050 square feet +/-)
10,050 Square Feet $2.49 $25,024.50
40 Crushed Rock ('Apache Sunset' or approved equal. Size: 2" - 4" Diameter. 25,350 square feet +/-)
25,350 Square Feet $2.05 $51,967.50
41 Crushed Rock ('Apache Sunset' or approved equal. Size: 3/4" Diameter. 1,300 square feet +/-)
1,300 Square Feet $3.17 $4,121.00
42 Irrigation System Installation 1 Lump Sum $72,896.95 $72,896.95 43 Brahea armata (Mexican Blue Palm) (24" Box) 29 Each $570.70 $16,550.30 44 Chilopsis linearis (Desert Willow - LOW 0.2) (24" Box, multi trunk) 2 Each $468.60 $937.20 45 Bougainvillea 'Oo-la-la' (Oo-La-La Bougainvillea - Mod 0.5) (5 gallon) 86 Each $21.65 $1,861.90 46 Calliandra eriophylla (Pink Fairy Duster - LOW 0.2) (5 Gallon) 23 Each $26.23 $603.29 47 Leucophyllum zygophyllum 'Cimarron' (Cimarron Texas Ranger - LOW 0.2) (5 Gallon) 5 Each $29.77 $148.85 48 Lantana montevidensis (Purple Lantana - Mod 0.5) (5 Gallon) 74 Each $19.03 $1,408.22 49 Asclepias subulata (Desert Milkweed - LOW 0.2) (5 Gallon) 47 Each $37.48 $1,761.56 269
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
50 Dasylirion acrotrichum (Green Desert Spoon - LOW 0.2) (5 Gallon) 22 Each $24.27 $533.94 51 Dasylirion longissimum (Mexican Grass Tree - LOW 0.2) (5 Gallon) 58 Each $27.54 $1,597.32 52 Ferocactus acanthodes (Compass Barrel Cactus - LOW 0.2) (10" minimum Diameter) 28 Each $54.39 $1,522.92 53 Yucca pallida (Pale-leaf Yucca - LOW 0.2) (5 Gallon) 84 Each $42.63 $3,580.92 54 Yucca elata (Soaptree Yucca - LOW 0.2) (15 Gallon) 50 Each $147.80 $7,390.00 55 Muhlenbergia capillaris 'Regal Mist' (Pink Muhly - Mod 0.5) (5 Gallon) 125 Each $20.99 $2,623.75 56 Nolina microcarpa (Beargrass - LOW 0.2) (5 Gallon) 23 Each $29.77 $684.71 57 Exterior Bollard Lighting Fixture (NLS Lighting #SSD-4-8R-COG45-16-7-50K-UNV-ABBRZ-VRB-PC)44 Each $1,617.82 $71,184.08 58 Accent Landscape Lighting Fixture (KIM Lighting #EL218-W-5-8L-3K-UV-DBBD215DB2 Each $1,356.68 $2,713.36 59 Maintenance and Plant Establishment 1 Lump Sum $10,662.20 $10,662.20 60 Electrical / Lighting Installation to include all conduit, lighting cable, junction boxes, and connections to existing pedestals, timers (Intermatic T101R), etc. and constant power to new irrigation controllers.
1 Lump Sum $65,076.00 $65,076.00
61 Include $10,000 contingency for Additional Planting, Irrigation or Inert Material, etc. 1 Lump Sum $10,000.00 $10,000.00 TOTAL $582,785.27
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DESIGNATION OF SUBCONTRACTORS
The subcontractor(s) listed below will perform work or labor or render service to the contractor in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the contractor, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of one-half of one percent (0.5%) of the contractor’s total bid.

Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall set forth below:
(a) The portion of the work to be done by the subcontractor; (b) The name and the location of the place of business; (c) The California contractor license number; and
(d) The DIR public works contractor registration number.

If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.

Portion of
Work to be
done by
Subcontractor
Percent of
Total Base
Bid
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No.

DIR
Registration
Number
Electrical 10% Brudvik, Inc 600 S
Eugene Rd,
Palm
Springs, CA
92264
482623 PW-LR1000009363
Boring 0.5% California
Boring
P.O. Box
3036
Beaumont,
CA 92223
926968 1000004237
Concrete
Footings
3% Ethics
Landscape
Construction
2919
Winifred
Street,
Riverside,
CA 92503
1097765 PW-LR1001016880
271
Portion of
Work to be
done by
Subcontractor
Percent of
Total Base
Bid
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No.

DIR
Registration
Number

(Attach additional sheets if necessary)
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BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
(Indicate not applicable (“N/A”) where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder: ___________________________________________

2.0 Type, if Entity: ___________________________________________

3.0 Bidder Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ Facsimile Number Telephone Number
_____________________________________________________________ Email Address

4.0 How many years has Bidder’s organization been in business as a Contractor? ______________________________

5.0 How many years has Bidder’s organization been in business under its present name? ________________________

5.1 Under what other or former names has Bidder’s organization operated?_______________________________________________

6.0 If Bidder’s organization is a corporation, answer the following:

6.1 Date of Incorporation: ________________________________

6.2 State of Incorporation: ________________________________

6.3 President’s Name: ________________________________

6.4 Vice-President’s Name(s): ________________________________ ________________________________

6.5 Secretary’s Name: ________________________________

6.6 Treasurer’s Name: ________________________________
Superb Engineering, Inc. S Corporation. N/A
(909) 269-2333 [email protected]
2947 West Lincoln Street Unit 105 Banning, CA 92220 N/A N/A N/A California Estela Candelario 1 year and 1 month. 1 year and 1 month. N/A 05/22/2023 273

7.0 If an individual or a partnership, answer the following:

7.1 Date of Organization: ______________________________________

7.2 Name and address of all partners (state whether general or limited partnership):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________

8.0 If other than a corporation or partnership, describe organization and name principals:
___________________________________________________________ ___________________________________________________________

9.0 What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________

10.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
___________________________________________________________ ___________________________________________________________

11.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
___________________________________________________________ ___________________________________________________________

12.0 List Trade References:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
N/A N/A N/A No. No. Irrigation, landscaping, and groundcover. Maria Ojeda & Associates - (562) 619-6193 Imperial Sprinkler Supply - (760) 574-4142 Southwest Boulder & Stone - (760) 451-3333 Herc Rentals Inc. - (442) 599-1235 274
B. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**] Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Arroyo Crossing Apartments
Landscaping -
48th Ave. IDD
River's Edge Golf
Course
Landscape
Improvements N/A N/A N/A 02/2025 N/A N/A 08/2024 07/2024 $711,487.45 $175,090.00 $65,150.00 $423,170.40 08/2024 City of Needles Kathy Raasch
(760) 326-5700 Ext. 126
Irrigation, soil amendments, fine
grading, planting, mulch, edging,
aggregates and maintenance.

Irrigation, landscaping
and decomposed granite.

Installation of new irrigation service
lines, permanent sprinkler
heads, and timed sprinkler valves.

Demolition , irrigation,
and landscaping.

Hemet Unified School District
Jose Loza
(951) 765-5100
Pacific West Builders
Mike Ashley
(559) 246-0403
Pacific West Builders
Mike Ashley
(559) 246-0403
08/2024 Vitalia Apartments Pacific West Builders
Mike Ashley
(559) 246-0403
Irrigation, soil amendments, fine
grading, planting, mulch, edging,
aggregates and maintenance.
$1,062,105.00
275
C. LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.

Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
Las Lunas & Calle
Bouganvillea Retention Basin
Landscape lmprovements
City of Coachella
Alberto Guttierrez
(760) 501-8107
Irrigation, landscaping,
and rock groundcover. 10/2023 $177,039.00 Reclaimed Water System Install at PES, RHES, GMS &
SAEC
Temecula Valley Unified School
District
Greg Page
(951) 506-7929
Covert potable water
system to recycled.
08/2023 $585,363.95
Landscape Rehabilitation
CDBG Project City of Perris
David Morones
(951) 442-2552
Demolition, irrigation,
landscaping, and rock
groundcover.
03/2024 $204,047.87 City of Maywood
Beautification
City of Maywood
Rudolph Rodriguez
(909) 595-8599
Tree planting, landscape
planting, and irrigation. 05/2024 $945,328.25 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 276
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person’s job title, name and percent of time to be allocated to this project:

2. Summarize each person’s specialized education:

3. List each person’s years of construction experience relevant to the project:

4. Summarize such experience:

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.

Estela Candelario - President: 30% Raul Ponce - Superintendent: 50% Estela Candelario: B.S. degree in Construction Management Estela Candelario: 10 years in the construction business. Raul Ponce: 29 years in the construction business.

Highly experienced and dedicated team with a proven track record of sucessfully overseeing public works projects throughout their careers possessing extensive knowledge of construction processes. Daniel Candelario - Project Engineer: 30% Jesus Hernandez - Foreman: 100% Daniel Candelario - Associates Degree in Business Administration Daniel Candelario - 4 years in the construction business. Jesus Hernandez - 10 years in the construction business. 277
E. ADDITIONAL BIDDER’S STATEMENTS:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

_______
N/A
278
N/A
279
280

BID GUARANTEE

BID BOND
[Note: Not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies Bid.]
The makers of this bond are, _____________________________________________, as Principal, and ______________________________________________________, as Surety and are held and firmly bound unto 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, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to the City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated _____________, 20 ____, for
Project, Project No. CLS00001, Contract No. .

If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _______ day of ________________, 20____, the name and corporate seal of each corporation.
(Corporate Seal)
Contractor/ Principal
By Estela Candelario
Title President
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
281
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal. 282
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF BID BOND
283
284
D ese r t
Willow
Gol f
Reso r t
Pon d
Frank Sinatra Drive
Portola
sert Greens Drive E
Portola Avenue
Portola Avenue
Desert Willow
Plaza Del Sol
Verde Wa
y
Calle Claire
Portola Avenue
Country Club Drive
Frank Sinatra DriveLu
cerne Drive
Hillcrest
Drive
Taylor Avenue
Market Place
Desert Willow Drive
D
esert Willo
w
Drive
Willow Ridge
Country Club Drive
Cook Street
Cook
Desert Falls Drive
Cook Street
Dese
Lost River Drive
Esri Community Maps Contributors, Loma Linda University, City of Palm Desert, County of Riverside, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/ NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau,

USDA, USFWS
I

VICINITY MAP
Desert Willow Perimeter Landscape & Lighting Rehabilitation PHASE 1 - COMPLETED
PHASE 2 - COMPLETED
PHASE 3 - PROPOSED 285
286

CITY OF PALM DESERT
CITY MANAGER’S OFFICE

INTEROFFICE MEMORANDUM
Date: September 10, 2024
To: Honorable Mayor and Councilmembers
From: Níamh M. Ortega, Assistant City Clerk
Subject: City Council Meeting of September 12, 2024
The following supplemental information has been submitted for the September 12, 2024, City Council meeting:

ITEM 13j: AWARD CONTRACT NO. C47810 TO SUPERB ENGINEERING, INC., FOR THE DESERT WILLOW PERIMETER LANDSCAPE AND LIGHTING REHABILITATION PHASE 3 (PROJECT NO. CLS00001)
Staff wish to relay to the City Council that there was a bid protest, citing a perceived lapse in DIR registration by the low bidder, Superb Engineering, Inc., on the project. After additional research, Staff find that Superb did submit a request for DIR registration renewal on 6/28/2024. Problems with the DIR website following a recent software update may be the reason that inaccurate information was displayed, however staff have verified that Superb has maintained their active DIR registration throughout the bidding process (see attached). The City Attorney has been consulted on this matter. 287
From: [email protected]
To: Shawn Muir; [email protected]
Subject: RE: DIR Number Superb Engineering, Inc. - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project Date: Monday, September 9, 2024 3:16:26 PM
Attachments: image002.png
image003.png
image004.png
image008.png
image009.png
image010.png
image011.png
Payment Confirmation.msg
Hi Shawn,
Thank you for your email. I can confirm that there was no lapse in our DIR registration. We renewed it on 6/28/2024, as indicated by the attached confirmation from DIR. If you have any further questions or need additional information, please feel free to contact me.

Thank you,
Estela Candelario
C (909) 262-4626
O (909) 269-2333
[email protected]
P.O. Box 3036, Beaumont, CA 92223
Small Business Certified
From: Shawn Muir <[email protected]>
Sent: Monday, September 9, 2024 2:39 PM
To: [email protected]
Cc: ': 'Estela Candelario'' <[email protected]> Subject: RE: DIR Number Superb Engineering, Inc. - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project
Hi Daniel,
I do have a couple more questions. It appears that the DIR registration for Superb was to expire on 6/30/2024 and now you have sent me the new registration starting 7/1/2024. Can you please tell me if there was a period of time that the registration was allowed to lapse? Was there any difficulty with re-registering related to the DIR software change?
Thank you,
Shawn
PD Logo.png Shawn Muir
Community Services Manager
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6481 | www.palmdesert.gov From: [email protected] <[email protected]> Sent: Monday, September 9, 2024 12:20 PM
288
To: Shawn Muir <[email protected]>
Cc: ': 'Estela Candelario'' <[email protected]> Subject: RE: DIR Number Superb Engineering, Inc. - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project
P
Hello,
Of course, if you require any additional information, please do not hesitate to let us know.

Thank you,
Daniel Candelario
Project Engineer
C (909) 261-8218
O (909) 269-2333
[email protected]
P.O. Box 3036, Beaumont, CA 92223
Small Business Certified
From: Shawn Muir <[email protected]>
Sent: Monday, September 9, 2024 12:16 PM
To: [email protected]
Cc: ': 'Estela Candelario'' <[email protected]> Subject: RE: DIR Number Superb Engineering, Inc. - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project
Received. Thank you Daniel.

Shawn Muir
Community Services Manager
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6481 | www.palmdesert.gov Civic Academy.png
From: [email protected] <[email protected]> Sent: Monday, September 9, 2024 12:15 PM
To: Shawn Muir <[email protected]>
Cc: ': 'Estela Candelario'' <[email protected]> Subject: DIR Number Superb Engineering, Inc. - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project P
Good afternoon,
As requested, please see our updated DIR number for the project mentioned above. 289
290
From: [email protected]
To: [email protected]
Subject: Payment Confirmation
Date: Friday, June 28, 2024 9:02:09 AM
Thank you for your recent payment to Public Works Registration.

Payment Application: Public Works Registration
Payment Status: Payment completed successfully.

Confirmation Number: 24062887773049
Payment Date: 06/28/2024
--------------------
Billing Address: Estela Estela Candelario
Banning, CA 92220
--------------------
Card Type: VISA
Card Number:
--------------------
Payment Amount: USD
Total Amount: USD
--------------------
DO NOT REPLY DIRECTLY TO THIS EMAIL.
291
292

Page 1 of 2 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: AMENDMENT NO. 4 TO CONTRACT NO. C28880 WITH BEST BEST &

KRIEGER LLP FOR CITY ATTORNEY SERVICES, EXTENDING THE
TERM TO AUGUST 31, 2025
RECOMMENDATION:

1. Approve Amendment No. 4 to Contract No. C28880 with Best Best & Krieger LLP for City Attorney Services, extending the term to August 31, 2025.

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

3. Authorize the Mayor to execute the Agreement.

BACKGROUND/ANALYSIS:

In November 1973, the City Council adopted Resolution No. 73-03, appointing David Erwin, Esq., as City Attorney. In 1986, Mr. Erwin joined the law firm of Best Best & Krieger and continued to serve as City Attorney.

In 2009, the City issued a Request for Proposals for City Attorney Services and selected Best Best & Krieger, along with Mr. Erwin, to continue as City Attorney for a five-year term ending in August 2014.

In August 2014, the City Council approved Amendment No. 1 to Contract No. C28880, extending the term for an additional five years, through August 31, 2019.

In November 2015, Mr. Erwin passed away after 42 years of service. The City Council subsequently appointed Robert Hargreaves, Esq., of Best Best & Krieger to serve as City Attorney. Mr. Hargreaves had served as Deputy City Attorney since 2009.

In March 2019, the City Council approved Amendment No. 2 to Contract C28880, extending the term for another five years, through August 31, 2024.

In December 2023, Mr. Hargreaves announced his retirement after 14 years of service. On December 14, 2023, the City Council approved Amendment No. 3 to Contract C28880, appointing Isra Shah, Esq., as City Attorney.

On August 22, 2024, the City Council conducted a performance evaluation of the City Attorney and directed staff to prepare a contract amendment extending the term for an additional year.

As such, Amendment No. 4 to Contract No. C28880, extending the term through August 31, 2025, is presented for the City Council’s consideration. 293
City of Palm Desert
Amendment No. 4 to Contract No. C28880 for City Attorney Services

Page 2 of 2 ends

FINANCIAL IMPACT:

There are no additional monetary changes to the terms of the agreements as a result of this amendment.

ATTACHMENTS:

1. Amendment No. 4 to Contract No. C28880

2. Executed Contract No. C28880
294
Contract No. 28884

Page 1 of 2 ends

Revised 08-2023
BBK 72500.00001\32445060.1
AMENDMENT NO. 4 TO AGREEMENT FOR

CITY ATTORNEY SERVICES
CONTRACT NO. C28884

1. Parties and Date.

This Amendment No. 4 is made and entered into as of this 12th day of September 2024, by and between the CITY OF PALM DESERT (“City”) and BEST BEST & KRIEGER LLP (BB&K), a Limited Liability Company.

2. Recitals.

2.1 City has retained BB&K to perform legal services as City Attorney since 1988.

2.2 Effective August 27, 2009, City and BB&K entered into the 2009 Agreement to perform those services until August 31, 2014. (C28880)

2.3 On August 28, 2014, City extended the 2009 Agreement (via letter) for an additional five years, until August 31, 2019. (Amendment No. 1, C28881)

2.5 On August 14, 2015, with the passing of City Attorney David Erwin, the City Council appointed Robert Hargreaves to that position.

2.6 On March 28, 2019, City extended the 2009 Agreement for an additional five years, until August 31, 2024. (Amendment No. 2, C28882)

2.7 On December 14, 2024, upon the retirement of Robert Hargreaves, the City Council appointed Isra Shah to that position. (Amendment No. 3, C28883)

2.8 On September 12, 2024, City extended the 2009 Agreement for an additional one year, until August 31, 2025. (Amendment No. 4, C28884)

3. Terms.

3.1 Section 13 of the 2009 Agreement is amended to provide that the Agreement will continue until August 31, 2025, subject to the City’s termination rights provided in that section.

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, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.
295
Contract No. 28884

Page 2 of 2 ends

Revised 08-2023
BBK 72500.00001\32445060.1
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 4 to the Agreement for City Attorney Services, Contract No. C28880, as of the day and year first above written.

CITY OF PALM DESERT
By:

Kathleen Kelly
Mayor
Attest:

By:

Anthony J. Mejia
City Clerk
BEST BEST & KRIEGER, a Limited Liability
Company
By:

Its:

Printed Name:

City Clerk QC:
_____
Contracts QC:
_____
Insurance:
_____
Initial Review
_____
Final Approval
296
Contract No. C28883

Page 1 of 2 ends

Revised 08-2023
BBK 72500. 00001\ 32445060. 1
AMENDMENT NO. 3 TO AGREEMENT FOR CITY ATTORNEY SERVICES CONTRACT NO. C28880

1. Parties and Date.

This Amendment No. 3 is made and entered into as of this 14th day of December 2023, by and between the CITY OF PALM DESERT (“City”) and BEST BEST & KRIEGER LLP (BB&K), a Limited Liability Company.

2. Recitals.

2.1 City has retained BB&K to perform legal services as City Attorney since 1988.

2.2 Effective August 27, 2009, City and BB&K entered into the 2009 Agreement to perform those services until August 31, 2014. (C28880)

2.3 On August 28, 2014, City extended the 2009 Agreement ( via letter) for an additional five years, until August 31, 2019. (Amendment No. 1, C28881)

2.5 On August 14, 2015, with thepassing of City Attorney David Erwin, the City Council appointed Robert Hargreaves to that position.

2.6 On March 28, 2019, City extended the2009 Agreement for anadditional fiveyears, until August 31, 2024. (Amendment No. 2, C28882)

3. Terms.

3.1 The 2009 Agreement ( C28880) is amended throughout to reflect that Isra Shah is the designated City Attorney.

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.

DocuSign Envelope ID: 01B36532- 0F8B-4C5A-B773-238D4C972E0A 297
Contract No. C28883

Page 2 of 2 ends

Revised 08-2023
BBK 72500. 00001\ 32445060. 1
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the Agreement for City Attorney Services, Contract No. C28880, as of the day and year first above written.

CITY OF PALM DESERT
By:

Karina Quintanilla
Mayor
Attest:

By:

Anthony J. Mejia
City Clerk
BEST BEST & KRIEGER, a Limited Liability
Company
By:

Its:

Printed Name:

QC: MN
Insurance:

Initial Review
Final Approval
DocuSign Envelope ID: 01B36532- 0F8B-4C5A-B773-238D4C972E0A Isra Shah
Partner
298

EXTENSION AND AMENDMENT OF AGREEMENT
FOR CITY ATTORNEY SERVICES CONTRACT NO. C28882
This Extension and Amendment of Agreement for City Attorney Service dated August 27, 2009, (" 2009 Agreement") is made effective March 28, 2019, by and between the CITY OF PALM DESERT (" CITY"), a California municipal corporation and charter city, and BEST BEST & KRIEGER LLP (" BB& K"), a California limited liability partnership.

RECITALS
l. CITY has retained BB& K to perform legal services as City Attorney since 1988.

2. Effective August 27, 2009, CITY and BB& K entered into the 2009 Agreement to perform those service until August 31, 2014.

3. On August 28, 2014 CITY extended the 2009 Agreement for an additional five years, until August 31, 2019.

4. On November 14, 2015, with the passing of City Attorney David Erwin, the City Council appointed Robert Hargreaves to that position.

5. On March 28, 2019, CITY extended the 2009 Agreement an additional five years, until August 31, 2024.

EXTENSION AND AMENDMENT
NOW, THEREFORE, CITY AND BB& K agree as follows:

1. The 2009 Agreement is amended throughout to reflect that Robert Hargreaves is the designated City Attorney.

2. Section 13 ofthe 2009 Agreement is amended to provide that the Agreement will continue until August 31, 2024, subject to the CITY' s termination rights provided in that section.

3. All other provisions ofthe 2009 Agreement shall remain the same.

BB& K: CITY:
e er LP City of Palm Desert
By: ust
obert W. Ha gre ves, P ner Susan Marie Weber, Mayor
By:

Lauri Aylaian, City Manager
Attest:

By:

R he e D. Klassen, ity Clerk
72500. 00001\ 31940328. I
DRAFT 4/ 1/ 19
Amendment No. 2 to C28880
299
l ES
i o FeEn Wna Nv lleivr:
i7i- 5
I AI. M I) liSlilt' t", . ALIfO12N1A < 22 0- 2g S
TEL: 760 34.6—O II i
i inFuC' rcityofpalmdcsert. urg
I):'C131 f` ,; ; .

September 5, 2014
David J. Erwin, Esq.

Best, Best & Krieger, LLP
74- 760 Highway 111, Suite 200
Indian Wells, California 92210
Dear Dave:

Subject: Contract No. C28881 - Extension of Contract for Citv Attornev Services With the Firm of Best. Best, & Krieqer LLP
At its regular meeting of August 28, 2014, the Palm Desert City Council, by Minute Motion, extended the City Attorney Contract with Best, Best, & Krieger LLP, for five ( 5) years under the same terms and conditions as the existing ( Contract No. C28880).

Enclosed for your records is a copy of the staff report with City Council Action stamp affixed thereto. If you have any questions or require additional information, please do not hesitate to contact us.

Sincerely,
RACHELLE D. KLASSEN, MMC

CITY CLERK
RDK:mgs
Enclosure ( as noted)
cc/enc: John M. Wohlmuth, City Manager
Finance Department
F$ r PPIN' FDONAkiv( lEOPAYfP
Amendment No. 1 to C28880
300

CITY OF PALM DESERT

CITY MANAGER' S OFFICE

STAFF REPORT
REQUEST: ClTY ATTORNEY CONTRACT EXTENSION
SUBMITTED BY: John M. Wohlmuth, City Manager
DATE: August 28, 2014
CONTENTS: Letter from David J. Erwin dated July 8, 2014 Contract No. C28880 from Best, Best and Krieger LLC
Letter from Best, Best and Krieger dated June 20, 2014
Recommendation
Extend the City Attorney contract with Best, Best and Krieger LLP for five years under the same terms and conditions as the existing contract.

Backqround
In 2009, the City of Palm Desert released a Request for Proposal for City Attomey Services. The City received nine proposals and interviewed the three top firms with a committee comprised of:

1. Mr. Bob Spiegel, Mayor

2. Mr. Jim Ferguson, Councilmember

3. Mr. John M. Wohlmuth, City Manager

4. Judge Rob Taylor; and

5. Mr. Larry Parrish, retired Riverside County CEO
The three firms that were interviewed by the Selection Committee were:

1. Best, Best and Krieger

2. Richard Watson and Gershon

3. Aleshire and Wynder
The committee chose Best, Best and Krieger as the top proposal and interview. During the month of July 2009, a contract was negotiated culminating in a five- year contract awarded by the City Council on August 27, 2009. The contract terminates on August 27, 2014.
301
Staff Report
City Attorney Contract E ension

Page 2 ends

August 28, 2014
Please find attached a letter from Dave Erwin dated July 8, 2014 requesting a five-year e ension.

If approved by Council the contract would consist of the same terms and conditions as the August 27, 2009 contract. The only modifications to the contract is the retainer amount and Special Services billing rate. The contract allows for Cost of Living Adjustments once per year. Best, Best and Krieger voluntarily waved two COLA' s in 2011 and 2012; therefore, the price in the original contract reflects an increase equal to two out of four COLA adjustments. Other than the two 2% COLA adjustments the price, terms and conditions are all the same as the 2009 contract.

Submitted By/Approval: Reviewed:
hn M. Wohlmuth, City Manager Paul S. Gibson, Director of Finance i
CITY COITivCIL CTION
AI' I' ROVED DENiF. D
RCCEIVED OTH; R

MF,ET GDATE
AYk: S: '" n r C Q n i"
NUES:

ABSENT:

ABSTAIN: -
VERIFIED I3Y: m S
Original on File with City CI k's Office
302
Contract No. C28881
Irvine I• 11 Sacramento
949) 263- 2600 916) 325- 4000
Los Angeles BEST BEST & KRIEGER San Diego
213) 617- 8100 A T T O R N E Y S A T L A W 619) 525- 1300 Ontario Walnut Creek
sos) ses-s5ea Post Office Box 13650, Palm Desert, CA 92255- 3650 925) 977- 3300 Riverside 74- 760 Highway 111, Suite 200, Indian Wells, CA 92210 wash ngton, DC se sss- aso Phone: ( 760j 568- 2611 Fax: ( 760j 340- 6698 www. bbklaw. com 202 7s5- osoo David J. Erwin
760) 837- 1607
david. erwin@bbklaw. com
July 8, 2014
John Wohlmuth
City Manager
City of Palm Desert
73- 510 i'red Waring Drive
Palm Desert, CA 92260
Re: City Attorney Contract
Dear John:

I he Contract with Best Best & Krieger currently has an expiration date of August 27, 2014. The provisions for a five ( 5) year Contract were placed in the Contract for the Council to revicw and determine whether to send out a request for proposals.

I would specifically request that the Contract be extended for an additional five ( 5) year period. It is my considered opinion that we at QB& K have provided an excellent service to the City for many years and wish to continuc to do so into the f'uture. As a matter of information, the Contract allows the City to terminate the Contract on 30 days' notice without a reason stated.

Your aftirmative action to assist in the extension is appreciated and hopefully the Council will agrec.

Sinc e ,
Gavid J ' rw n
of BES7' BF,ST & KRIEGFR LI.,P
llJE: alr
72500. 00001\ 9081 0- I
303

AGREEMENT

F O R CTTY ATTORNEY SERVICES
C NTRACT NQ. c2ssso
This Agreement is made as of the?? tt'day of August, 2d09, by and between, on the one hand, the CI"I'Y OF PALM DESERT (" CITY"), a California municipal corporation anci charter city, acting on behalf ofitself, and BES7 BES"1'& KRIF..GF R LT. P(" BB& K"), a limited liability partnership engaged in the practice of law.

CITY and BB& K AGREE AS FOI, LOWS:
l R: CITAI,S
A. CITY has heretofore retaincd BB& K to perfonn legal services as City Attorney.

3. CITY and BB& K desire and intend that BB& K shall continue to providc CITY legal services as city Attorney on the terms set forth hereinafter.

2. SCOPE OF SERVICES
BB& K shall serve as City Attorney and shall perform the Services to include, by way of example, preparation for and attendance at all regular, special and study session meetings of the City Council, the Planning Commission including study sessions, Executive Management meetings, and other boards, commissions, and committees established by CITY, unless otherwise directed by CITY; preparation or review and monitor of all CITY ordinances, resolutions, agrcements, deeds, agenda reports, daily police ( SIR} reports, and other legal documents requested by CITY; provision to all officials, officers, and staff of CITY of legal advice and opinions concerning all matters affecting CITY, as directed by .the City Council, City Manager, and City staff.
3 . BB& K PERSONNEL
David J. Erwin (" Erwin") shall be the individual designated as City Attorncy and shall bc responsible for thc performancc of services by BB& K under this Agrccment and the supervision of any and all other BBBcK professional and support personnel who provide services to CI"1' Y.

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RMBUSIDER W C? V 309238. 1
304
ontract No. C28880
No change in this designation shall bc made without the prior consent of CI' Y. CITY and BB& K understand that Erwin may, on occasion, be temporarily unavailable to respond to requests by CITY for specific lega] assistance. Thus, BB& K may from time to time assign ather attorncys and may use paralegals to assist in the provision of City Attorney scrvices pursuant to this Agreement; provided, however, that prior to use of any attorney other than Erwin, BB& K shall seek and, wherever rcasonably possibie, obtain the prior approval of C1TY regarding any attorney who may be asked to pravide assistance to CI' TY. Altorneys and paralegals who receive such approval from CITY shall hereinafter be referred to as " Approved Personne{".

4. OFFICE H4URS AND AVAILABII, ITY OF BR& K PERSONNEL
Erwin shall attend and conduct office hours one half work day ( four hours) twice every week at Yalm Desert City Hall on Monday morning and Wednesday morning. In addition, if and when requested by CI' TY, Erwin shall attend and conduct additional office hours at Palm Desert City Ha11 on any additional day or days of any week, as needed in thc determination of CITY. On any and all days when Erwin is not present at Palm Desert City Hall, Crwin and/ or other Approved Personncl of BB& K shall remain available at all times to provide City Attorncy legal services to CITY from BA& K offices.

5. C MPENSATION
In consideration for the performance of the Services by BB& K, CITY shall pay BB& K a flat- rate, all- inclusive sum of($ 18, SQ0. 00 per month) (" Monthly Compensation"), which shall be payment of fees for the Relainer Services. BB& K LLP shall be reimbursed for reasonable and necessary expenses incurred, subject to approval of City Manager including but not limiteci to, printing, copying, long distance phone and fax charges, court fees, computer research expenses, extraordinary mail or delivery costs and actual fees and cxpenses for subconsultants retained by BA& K I1[, P. CITY and aB& K agree that the Monthly Compensation shall automatically increase effective for the Services provided by BII& K on and after July 1 of each calendar year ( commencing July 1, 2010) in an amount equal to the inerease in the cost of living for the most recently published twelve ( 12) month period as shown by the U. S. Department of Labor in its All Urban Consumers lndex set forth in the I. os Angeles- Anahcim- Riverside area up to a maximum of five percent ( 5%).

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RMAl; S1nERW IM309238. 1
305
Co*` Tact No. C28880
Ivotwithstanding any provision herein to the contrary, BB& K may request on or before March 31 of each year an increase in the Monthly Compensation over and above the CYI adjustment upon a showing of good cause for such increase; provided that the approval or disapproval of' any such request shall be made by CITY in its sole and absolute discretion.

6. USE OF SPECiAIa COUNSEL
CI1'Y and BB& K recognize and agrec that Special Services will be required by CITY from time to time. CITY in its sole and absolute discretion shall setect any and all special legal counsel to provide such Special Services. C] TY and AB& K understand and intend that such special legal counsel shall not be attorneys from BB& K unless approved separately by the City Council or City Manager. BB& K shall at the reyuest of CITY, be available to supervise and coordinate the provision of Special Services by special legal counsel.

7. SPECIAL SERVICES
3B8iK through approved personnel shall provide special services for Code Enforcement, Mobile Home Rcnt Control, I,itigation, Administrative Hearing, environmental challenges, endangered species, labor and employment matters, and other items specifically approved by the City Council or City Manager. Bond counsel matters are based upon Section 11 hereof. For any and all such legal services, the fees shall bc billed by BB& K and payable by Palm Desert as follows: $ 255. 00 per hour for attorney partners, $ 245. 00 per hour for Of Counsel attorneys, $ 230. 00 per hour for attorney associates and $ 150. 00 per hour for paralegals and law clerks. Billing shall be in tenth' s of an hour far each billing person. Such hourly fees shall be subject to increase effective 3uty l of each calendar year( commencing 3uly 1, 201 U) in the manner set fi rth in Section 5 hereof. The costs associated with such service, including without limitation, telephone expense, document reproduction expense, mileage expense, computer research, Court and Administrative filing fees, messenger service fees, fees for expert appraisers and other consultants( subject to prior approval of City of Palm Desert) and the like, shall be billed by BB& K and payable by Paim Descrt monthly.

Page 3 of 5 ends

kMBUS: R W lN(} 9238. l
306
Cor ract No. C2880

8. BILI.ING
BB& K shall submit to CI1' Y monthly an invoice in the amount of thc Monthly Compensation, covering the preceding calendar month. " Fhe invoice shall contain a written description of all legal matters for which BB& K performed legal services during the precediilg calendar month. CITY shall make every reasonable effort to pay BB& K for each monthly invoice within twenty-one ( 21) ealendar days following receipt of each im oice. Ifi the Services provided by BB& K during the first or last calendar month of the term of this Agreement ( as set forth in Section 10 hereafter) do not cover an entire calendar month, then the Monthly Compensation due and owing to BB& K shall be prorated for that month and shall be calculated by multiplying the Month( y Compensation by a fraction wherein the numerator is the number or c ays during which BBBcK provided the services in the calendar month and the denominator is the number thirty ( 30).

9. STA: 1llARD AND TIMELINLSS OF SERVICES
BB& K shall adherc to all reasonable and lawful standards and procedures established by CI1'Y for the provision of the Services by }3B& K under this Agreement and for the fulfillment by BB& K of its duties as the City Attorney. BB& K shall work cooperatively at all times with the City Council and the City Manager and shall keep them informed on all matters of imporiance. BB& K shall perform the Services expeditiously and in a timely manner in order to meet the necds and requiremcnts of CI"I'Y.

10. 1NSURANCE COVERAGE
BB& K currently maintains errors and omissions insurance with I, loyd' s of London. Afier a standard deductibility amount, this insurance provides coverage which exceeds the amount required by the State of Caiif'ornia.

11. All Bond counsel and general financial counsel ] egal services would be rendered to CITY at BB& K standard public finance rates set forth in Exhibit " A" attached hereto.

Appropriate adjustments may be made to the rates on file as recommendcd f'rom time to time by underwriters and/ or financiai advisors to the CI' I' Y.

Page A of 5
RMB L`SiDER W ITv130923 8. 1
307
C ~ ract No. C28880

12. Ail legal services provided to CITY for which CITY receives reimbursement or requires deposit in advance from dcveloper or third party and for litigation paid by developer with CITY represented by 13B& K such as review of CC& R' s, establishment of Community Facilities District, Assessment llistricts, Landscaping and l,ights Districts and the like, land use and/ or environmental projects shall be billed at BB& K' s then current standard private rate minus ten percent ( 10%).

13. TERMS Oli AGREEMENT
The provision of the Services under this Agreement shall commence on September 1, 2009 and continue for a period of five years until August 31, 2U14. BB& K understands and agrees that BB& K serves at the wiil and pleasure of CITY, CITY retains BB& K to provide the Services under this Agreement, and BIi& K shall continue to provide the Services under this Agreement until such time as either CITY or I3R& K provides thirty{ 30) days written notice to the other of termination of this Agreement, either with or without cause. In the event of termination of this Af; reement, CIT' Y shall pay BB& K for all of the Services rendered by IIBBcK through and including the effective date of termination.

IN WITNESS WHEREOF, CITY and BB& K have executed this Agreement as of' the date first set forth hereinabove.

CITY OF PALM DESERT
6 By: Mayor
A'I'TES"I':

City Clerk
BEST BES' KRIEGER LT. P
C..._ i
By: David: Erwin, Aartner
Pagc 5 of 5
RMRI; S1nER1'[ M3U9238. 1
308
Co• " Tact No. C28i880
EXHIBIT " A"
TQ

LEGAL SERVICES AGREEMENT

SCHEDULE OF BOND COUNSEL FEES)

1. Certificates of Participation and Revenue Bonds. For services in connection with the issuance and sale of certificates of participation and revenue bonds, BB& K shall be paid a fee which will be the greater of( i) $ 30,U00 or ( ii) an amount based on thc total principal amount of the certificates of participation or bonds to be sold, computed as follows:
50% of the first$ 10 million of the amount
of the ceriificates or bonds issued, plus
25% of the next$ 10 million of the amount
thereaf, plus
125% of the amount thereof, if any, over
20 million.

2. Communitv Pacilities Districts. For services in connection with the issuance and sale of bonds of community facilities districts, BB& K shall be paid its hourly rates for conducting the formation proceedings of the Community Facilities District, and negotiation of funding agreements and other agreements relating to the CPD, payable from the landowner' s initial deposit. Additionally, upon issuance of bonds, BB& K will charge a fee which witl be the greater of{ i) $ 30,000 or ( ii) an amount based on the total principal amount of the bonds lo be sold, computed as follows:

SO% of the first$ 10 million of thc
amount of the bonds issued, plus
25% ofthe next$ 10 million of the amount
thereot; plus
125% of the amount thereot; if any, over
20 million.

3. Assessment Districts. For services in connection with the issuance and sale of bonds of assessment districts, BB& K shall be paid its hourly rates for conducting the formation proceedings of the Community Facilities llistrict, and negotiation of funding agreemcnts and other agreements relating to the assessment district, payable from the landowner' s initial deposit. Additionally, upon issuance of bonds, BB& K will charge a fee which will be the greater of(i) $ 25, 000 or( ii) an amount based on the total principal amount af the bonds to be sold, computed as follows:
54% of the first$ 10 million of the
A- 1
309
Contr t No. C28880
amount ofthe bonds issued, plus
25% of the next$ l0 million of the amount
thercof, pius
125% of the amount thereof, if any, over
16 million.

4. Tax Aliocation Bonds. For services in connection with the issuance and sale of tax allocation bonc3s. BB& K shall be paid a fee which will be the greater of{ i) $ 30, 000, or ( ii) an amount based on the total principal amaunt of thc bonds to be sold, computed as follows:
54% of the first 10 million of the amount
of bonds issued, plus
25% of the next$ 10 million of the amount
of bonds issued, plus
20% of the next$ 10 million of the amount
of bonds issued, plus
15% of the next$ 10 million of the amount
of bonds issued, plus
125% ofthe amount thereof, if any, over
40 million.

5. Gencral Obligation Bonds and Tax and Revenue Anticipation Notes. For services in connection with the issuance and sale of general obligation bonds and tax and revenue anticipation notes of the City, BB& K shall be paid a fee which shall be determined basecl on the time expended by the attorneys and attorney assistants who perform services in connection with the issuance and sale of such bonds or notes at the following hourly rates:

Attarneys (including partners and associates): $ 350; Paralegals and Clerks: $ 110.

6. Conduit Borrowin s. For services in connection with the issuance of bonds for and on behalf of conduit borrowers to finance industrial development facilities, multifamily housing projects and other projects qualifying for tax- exempt financing, BB& K shall be paid a fee which will be $ 30,OOU for any bond issuance of$ 3, 000, 000 or less. Because bond counsel fees for condnit bonds are paid by the conduit borrower, we would expc:ct to negotiate the fee for any transaction over$ 3, 000,000 with the conduit borrower, subject to approval by the City.

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Carlos Flores, AICP, Principal Planner
SUBJECT: CONSIDERATION TO APPROVE CONSTRUCTION OF A NEW BREEZE BLOCK GARDEN WALL EXHIBIT AT 72861 EL PASEO
RECOMMENDATION:

Approve construction of a new breeze block garden wall exhibit at a city-owned property at 72861 El Paseo.

BACKGROUND/ANALYSIS:

The proposal is a request by the Historical Society of Palm Desert for consideration to construct a breeze block garden wall exhibit in the front yard of the historic Palm Desert Fire Control Station (Fire Station) located at 72861 El Paseo (APN: 640-220-052), a local, city-owned historic landmark.

On May 13, 2010, the Palm Desert City Council adopted Resolution No. 2010-27 to declare the Fire Station a local historic landmark, per the recommendation of the Cultural Resources Preservation Committee (CRPC) (Attachment 1). The Fire Station site is currently owned by the City of Palm Desert and leased to the Historical Society of Palm Desert (Applicant), which maintains its headquarters and archival center at the project site. The Fire Station was deemed eligible for designation as it “reflects distinctive examples of community planning or significant development patterns, including those associated with different eras of settlement and growth, agriculture, or transportation.”
Per the terms of the lease agreement, the proposed project requires approval by the City Council as a city-owned property.

Cultural Resources Preservation Committee:

Local historic landmarks require application and approval of a Certificate of Appropriateness for new construction, pursuant to Palm Desert Municipal Code Section 29.60.020. On August 28, 2024, the CRPC considered a Certificate of Appropriateness for this project at a noticed public hearing and granted approval with a 4-0 vote. Staff did not receive any comments from surrounding property owners.

Project Description:

The Applicant is proposing a breeze block garden wall exhibit in the front yard of the Fire Station that would include the following:
- 11 breeze block wall segments spread throughout existing landscaped front yard - Staggered wall heights ranging from minimum of 24” to a maximum of 42” - Staggered wall widths ranging from 16” to a maximum of 48” 311
City of Palm Desert
72861 El Paseo Breeze Block Garden Wall Exhibit

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- Breeze blocks will be unpainted gray blocks, with custom and variety of design, and include a solid gray cap, as shown in Exhibit 1 below
Exhibit 1 – Breeze Block Design
The Secretary of the Interior’s Standards for the Treatment of Historic Properties is summarized under Section 29.60.080. The proposed scope of work is compatible, as the construction will not require alteration of the existing historic resource on the site, and the modifications are detached wall structures. No historical materials or distinctive features will be removed from the site. The proposed work does not detract from the existing resource. The building was deemed eligible for designation as it “reflects distinctive examples of community planning or significant development patterns, including those associated with different eras of settlement and growth, agriculture, or transportation.” The proposed walls are compatible as it is incorporated into the existing front yard landscaped area and does not alter the site from its original designation. The proposed work is visible from publicly accessible areas but would not detract from the existing design.

Legal Review:

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

Environment Review:

Staff has reviewed the project in accordance with California Environmental Quality Act (CEQA) and finds that the project is Categorically Exempt from environmental review pursuant to Section 15303 – New Construction or Conversion of Small Structures (Class 3) of the State CEQA Guidelines. Class 3 applies to projects involving the construction of a small structure. The project includes walls, which is typically a ministerial action that is statutorily exempt from CEQA, however because it requires a discretionary certificate of appropriateness due to the historic designation, CEQA applies. Pursuant to Section 15300.2 of the CEQA Guidelines, a Class 3 exception may not be used if the project falls into any exceptions:
312
City of Palm Desert
72861 El Paseo Breeze Block Garden Wall Exhibit

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1. Cumulative impact: The project will not result in a cumulative impact due to the minor nature of the walls which comply with the Zoning Ordinance.

2. Significant Effect: There are no unusual environmental circumstances applicable to the property and there is no reasonable possibility that construction of the proposed walls will result in a significant impact on the environment.

3. Scenic Highways: The project site is not located within proximity to any officially designated state Scenic Highway. The nearest officially designated scenic highway is Highway 74 located approximately 670 feet east of the site, but the proposed walls would not be visible from said site.

4. Hazardous Waste Site: The project site has not been identified as a hazardous waste site per maps and databases provided by the California Department of Toxic Substances Control (DTSC).

5. Historical Resources: The project site contains a local landmark. The walls are detached from the historic structure and minor in nature. Therefore, there is no potential for the project to cause a substantial adverse change in the significance of the historical resource.

FINANCIAL IMPACT:

There is no financial impact to the General Fund with this action. The Applicant would secure all materials and labor and complete all of the construction for the project.

ATTACHMENTS:

1. Fire Station Landmark Designation Approval

2. Project Plans
313
314

CITY OF PALM DESERT

BUILDING AND SAFETY DEPARTMENT

STAFF REPORT
REQUEST: ADOPT RESOLUTION NO2olo_ 27APPROVING LANDMARK

DESIGNATION OF THE HISTORICAL SOCIETY OF PALM

DESERT ( PALM DESERT FIRE CONTROL STATION), LOCATED
AT 72- 861 EL PASEO, AS A LOCAL HISTORIC LANDMARK
SUBMITTED BY: Russell A. Grance, Director of Building and Safety CASE NOS: CRPC 10- 01
DATE: May 13, 2010
CONTENTS:

1. Cultural Resources Preservation Committee, April 27, 2010 meeting DRAFT minutes

2. Resolution No. 2o10- 2

3. Landmark Designation Application

4. CRPC approved design for Landmark Plaque
Recommendation:

Waive further reading and adopt Resolution Nozolo- reaffirming the action of the Cultural Resources Preservation Committee, designating the Historical Society of Palm Desert ( Palm Desert Fire Control Station) located at 72- 861 EI Paseo with landmark designation; in accordance with section 29. 40. 010 of the Palm Desert Municipal Code.

Committee Recommendation:

On April 27, 2010, the Cultural Resources Preservation Gommittee at its regular scheduled meeting conducted a public hearing as required per PDMC 29.40.070 and unanimously recommended nominating the Historical Society of Palm Desert ( Palm Desert Fire Control Station) located at 72-861 EI Paseo for landmark designation.

Background:

The building located at 72861 EI Paseo is significant as the first Fire Station in the City of Palm Desert. The building was constructed in 1951 on land donated by Clifford W.

Page 2 of 2 ends

of community planning or significant development patterns, including those associated with different eras of settlement and growth, agriculture, or transportation.

The building is currently owned by the City of Palm Desert and is leased to the Historical Society of Palm Desert which maintains their Headquarters and Archival Center.

Fiscal Analysis:

There is no fiscal impact associated with this action.

Submitted By:

Russell A. Grance, Director of Building & Safety
Approv :

CITY COUNCILA ION
APPROVED DENiEb

RECEIVED OTHER
Paul S. Gibson, Director of Finance
MEET _ G DATE ` / O
r' r,
AYES:

NOES:

U^^--- AssEN7: nu--
oh i M. Wohlmuth, City Manager ABSTAIN:

VERIFIED BY:

Originat on File wtth City Cler s Office
316

CITY OF PALM DESERT

CULTURAL RESOURCES PRESERVATION COMMITTEE
Draft Preliminary Minutes
April 27, 2010
Administrative Conference Room
I. CALL TO ORDER
Committee Chair pon Graybill called the meeting of the Cultural Resources Preservation Committee to order at 10: 00 a. m.

II. ROLL CALL

Present:

Ricki Brodie
Gale Broeker
Don Graybill
Vera Handley
Kim Housken
Bob Pitchford
Kent Routh
Also Present:

Russell Grance, Director of Building and Safety
K Kaufmann, The Desert Sun Newspaper
Suzanne Cicchini, Recording Secretary
III. ORAL COMMUNICATIONS
None
IV. CONSENT CALENDAR
A. MINUTES OF THE MEETING OF JANUARY 26, 2010
Committee Member Kim Housken requested clarification of the italicized portion regarding an address of a home on Fiddleneck Lane under Item X. Reports and Remarks. Suzanne Cicchini Recording Secretary noted that the sentence, " She confirmed it to be 73140 Fiddleneck Lane" was written in italics because the speci c address information was obtained after the meetin_q. Committee Member Kim Housken was satis ed with the clarification and moved that the Minutes be approved as presented.

Committee Member Kent Routh seconded the Motion. All were in favor and the Motion passed unanimously.

V. CONSENT ITEMS HELD OVER
None
317

CULTURAL RESOURCES
PRESERVATION COMMITTEE APRIL 27, 2010
VI. NEW BUSINESS
None
VII. CONTINUED BUSINESS
None
VIII. OLD BUSINESS
None
IX. PUBLIC HEARING
Committee Chair pon Graybill opened the Public Hearing to consider Landmark Designation for the Historical Society of Palm Desert ( Palm Desert Fire Control Station) located at 72- 861 EI Paseo, ( APN 640- 220- 052) as a local historic landmark for City Council Approval. Discussion commenced about the historic occasion. Committee Chair pon Graybill noted this was the first one here in the City of Palm Desert ( under the present ordinance). There was no testimony offered and Committee Chair pon Graybill closed the public hearing.

Committee Chair pon Graybill requested any comments on the proposal to prepare a resolution approving landmark designation for property located at 72- 861 EI Paseo, APN 640-220- 052 for City Council consideration. Discussion commenced and Committee Member Gale Broeker asked how soon this item would get to City Council? Director of Building and Safety Russell Grance responded that he hoped for the first meeting in May, 2010. Committee Member Kim Housken remarked that based on the stellar application that was put forth and the comprehensive great history of the fire station, it was important to recognize it.

She was very pleased to see it move forward. She added that it was an excellent example of adaptive reuse in historic preservation. It was once a fire station but it has now served its purpose and is now a very successful historic society.

Committee Member pon Graybill agreed and requested that Committee Member and Architect Bob Pitchford weigh in about how he felt when he first saw the Walter White roof. Mr. Pitchford indicated that he is still learning about the building.

He was informed by Eric Vogt that the plan actually came from County of Riverside. Walter White had placed elevations upon that plan. The same floor plan was used throughout the County of Riverside in many areas. Mr. White cannot claim complete credit for it. Committee Member Kim Housken questioned whether Number 11 of the application should be changed to read " Walter White — Roof." Committee Member Ricki Brodie opined that the application was very good as it read. Committee Member Kim Housken emphasized that he really didn' t design the whole building; he did the roof. Committee Member Bob Pitchford concluded that Walter White submitted the complete plans for approval. Mr. White received a floor plan, however, the submittal required more than just a floor plan. He probably provided some working drawings too. He would be considered one of the G:\ BldgSfty\ Suzanne Cicchini\ Word Files\ Cultural Resources Preservation CommitteeUvlinutes 2010\ 4- 27- 10 Draft Preliminary Minutes. docx Page 2 318

CULTURALRESOURCES
PRESERVATION COMMITTEE APRIL 27, 2010
architects of record. Committee Chair pon Graybill asked if there were any other comments on the Motion.

Committee Member Vera Handley motioned to authorize staff to prepare a resolution approving landmark designation for property located at 72- 861 EI Paseo, APN 640-220-052 for City Council approval. Committee Member Kent Routh seconded the Motion. The Committee voted unanimously in favor of the proposal to prepare a resolution approving landmark designation for property located at 72- 861 EI Paseo, APN 640- 220- 052 for City Council consideration.

Committee Chair pon Graybill thanked Director of Building and Safety Russell Grance for his efforts. Mr. Grance commented that it was a joint effort by everybody here. This accomplishment was a cooperative effort. Discussion commenced and Committee Chair pon Graybill suggested informing some of the past Committee Members such as Jim West. Committee Member Kim Housken recommended inviting them to the dedication of the plaque ceremony. Director of Building and Safety Russell Grance noted that approval of the plaque would be added as an informational item for City Council at the same meeting.

X. REPORTS AND REMARKS
Committee Member Kent Routh requested the Committee consider not meeting in June, July and August. He would like this item to be placed on the next Agenda.

Work Shops could be considered in case anything comes up. Discussion commenced regarding whether or not that would be practical given the desire of the Committee to research future potential designations. Director of Building and Safety Russell Grance directed Suzanne Cicchini Recording Secretary to place this on the Agenda as New Business for the next meeting.

Director of Building and Safety Russell Grance noted that he was approached by the new President of Shadow Mountain Golf Club. Mr. Grance provided him with information and a map was developed to show the boundaries of a potential historic district. The President is moving forward to the Board of Shadow Mountain Golf Club to get some direction; it seems positive. One of the managing owners of Shadow Mountain Resort ( with the Tennis Club and Pool) expressed a little bit of interest also and was sent information. Mr. Grance did not want to get the Committee's hopes up too much but he was letting them know there was some interest. Mr. Grance noted that we could thank Councilman Kelly for setting up the original meeting with Dan Pederson of Shadow Mountain Golf Club. Committee Member Vera Handley suggested local newspaper editors be invited to a historic district designation ceremony. It would be a good way to generate publicity.

Discussion commenced about the process of designating a district and the meetings that would be needed to include multiple owners.

G:\ BldgSfty\ Suzanne Cicchini\ Word Files\ Cultural Resources Preservation CommitteeVulinutes 2010\ 4- 27- 10 Draft Preliminary Minutes. docx Page 3 319

CULTURALRESOURCES
PRESERVATION COMMITTEE APRIL 27, 2010
Committee Member Gale Broeker inquired if any further communication from Palm Desert Country Club was received. Mr. Grance had not heard anything since Ray Villacete requested attendance of some of the Committee members at their board meeting. Committee Member Ricki Brodie inquired if there was any communication from Sandpiper. Director of Building and Safety Russell Grance remarked that no contact was made. The recent focus has been on the potential designation of the Fire Station and the recent contacts made with Shadow Mountain Golf Club and Shadow Mountain Resort.

Committee Member Kim Housken mentioned Architect John Warnecke had passed away. She described him as big time, the architect who designed College of the Desert and the eternal flame. She found it interesting that he redid Lafayette Square, which was sort of adaptive. In the article she read, it was noted that he designed the state capitol building in Hawaii to blend in with the 19t" century `lolani Palace nearby. Mr. Warnecke described the building as looking at coconut palms.

He worked on that after College of the Desert. She found it interesting and suggested that he got the idea here in the desert with the date palms and thought that it was an interesting local tie in. College of the Desert doesn't seem to promote that or do much with it. Committee Member Vera Handley recommended that Committee Member Kim Housken get this information to the right person at College of the Desert. Ms. Housken already had done that, but considered revisiting the idea again. Committee Member Kim Housken announced the Grand Re- opening of the North Shore Yacht Club. The hours are from 10: 00 a. m. to 1: 00 p.m. Ms. Housken mentioned that it was very exciting how quickly the work was finished, and it was done ahead of schedule. It' s a real plus having it open.

Committee Member Ricki Brodie inquired if Committee Member Vera Handley spoke with the people she knew at College of the Desert. Ms. Handley noted that they are absorbed with the economic situation today and she might approach them in the future to see if they would be interested in reconsidering a cultural resource designation.

Committee Chair pon Graybill inquired if there was anything that should be on the Agenda for the next meeting. Committee Member Kent Routh added that anyone can call Mr. Graybill or Suzanne Cicchini Recording Secretary if they would like something put on the Agenda.

Committee Member Vera Handley announced that she spoke with Lisa May and that there never was a Cliff May, Jr. She cautioned that the Committee should be very careful of facts and information before proceeding. Committee Member Kent Routh remarked that we have a lot of information but the accurate truth is often hard to come by because the anecdotal things are so much more interesting.

G:\ BldgSfty\ Suzanne Cicchini\ Word Files\ Cultural Resources Preservation CommitteeWlinutes 2010\ 4- 27- 10 Draft Preliminary Minutes. docx Page 4 320

CULTURALRESOURCES
PRESERVATION COMMITTEE APRIL 27, 2010
Committee Member Kim Housken inquired if discussion of the Library ( Portola Community Center) should be placed on the next Agenda in order to move forward with filling out a Cultural Resource Preservation designation application. Director of Building and Safety Russell Grance thought that it would be good to do so. Ms.

Housken noted that fortunately, the Committee has a lot of information on it.

Committee Chair pon Graybill announced that on Founder's Day, May 15, 2010, the Historical Society will honor Betty Crockett. She organized events for the children at Shadow Mountain Club back in the day. It might be nice to tie in interest with this event and the Fire Station designation.

Committee Member Kent Routh mentioned that the next finro or three designations will get the most attention. It seems less interest is generated with an individual home. He recalled the time when the Palm Desert Lodge came up for discussion.

There are feelings in the community, but they need to know about it and commented, "We need ink!"
The next meetin of the Cultural Resources Preservation Committee will be Tuesday, May 25 at 10: 00 a. m. in the Administrative Conference Room at The City of Palm Desert.

XI. ADJOURNMENT
Committee Chair pon Graybill adjourned the meeting at 10: 27 a. m.

Suzanne Cicchini, Recording Secretary
G:\ BldgSfty\ Suzanne Cicchini\ Word Files\ Cultural Resources Preservation CommitteeVvlinutes 2010\ 4- 27- 10 Draft Preliminary Minutes. docx Page 5 321 RESOLUTION NO. 2010- 2

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT APPROVING LANDMARK DESIGNATION OF THE

HISTORICAL SOCIETY OF PALM DESERT ( PALM DESERT FIRE
CONTROL STATION), LOCATED AT 72- 861 EL PASEO, AS A LOCAL

HISTORIC LANDMARK
WHEREAS, on April 27, 2010, the Cultural Resource Preservation Committee conducted a public hearing to consider initiation of Landmark Designation of the Historical Society of Palm Desert ( Palm Desert Fire Control Station) located at 72- 861 EI Paseo, Assessor' s Parcel No. 640-220-052, as a historic landmark pursuant to Section 29. 40 of the Palm Desert Municipal Code; and
WHEREAS, the Cultural Resources Preservation Committee has considered all of the evidence submitted into the administrative record which includes, but not limited to:

1. Agenda reports were prepared by the Department of Building and Safety.

2. Staff presentation at the meeting held on April 27, 2010 before the Cultural Resources Preservation Committee.

3. The City of Palm Desert, Cultural Resources Ordinance No. 1168, and all other applicable regulations and codes.

4. Public comments, both written and oral, received and/or submitted at or prior to the meeting, supporting and/ or opposing the applicant' s request.

5. Testimony and/or comments from the applicant and its representatives submitted to the City in both written and oral form at or prior to the meeting.

6. All related documents received and/or submitted at or prior to the meeting.

WHEREAS, based on the forgoing evidence, the Cultural Resources Preservation Committee finds that:

1. A request for Landmark Designation for the Historical Society of Palm Desert ( Palm Desert Fire Control Station) located at 72- 861 EI Paseo, was made on April 27, 2010, to designate the Historical Society of Palm Desert.

2. Notice of the April 27, 2010, Cultural Resources Preservation Committee meeting was posted in the Desert Sun and at City Hall.

3. Notice of the April 27, 2010 Cultural Resources Preservation Committee was provided to the affected property owner as shown on the latest Riverside County assessment role. Owner was notified by telephone and by first class mail.

4. Notice of the Cultural Resources Preservation Committee meeting included the notice requirements set forth in California Environmental Quality Act (CEQA).

WHEREAS, based on the Cultural Resources Ordinance 1168, the Cultural Resources Preservation Committee concludes the following:

1. Palm Deserts' character and history are reflected in its cultural, historical, and architectural heritage, and

2. Palm Deserts' historical foundations should be preserved as living parts of the community life and development in order to foster an understanding of the City' s past so that future generations may have a genuine opportunity to appreciate, enjoy, and understand Palm Deserts' heritage, and

3. The Cultural Resources Preservation Committee has reviewed this site and determined it to be historically significant and could contribute to the economic and cultural revival of the City.
322
Resolution No. zoio- 2

Page 2 of 3 ends

WHEREAS, in view of all the evidence and based on the forgoing designation criterion, the Cultural Resources Preservation Committee concludes as follows:

The Historical Society of Palm Desert ( Palm Desert Fire Control Station) located at 72- 861 EI Paseo, meets the following designation criterion as contained in the City's Cultural Resources Ordinance, and is hereby worthy of preservation and designation as a Local Historic Landmark.

F. Reflects distinctive examples of community planning or significant development patterns, including those associated with different eras of settlement and growth, agriculture, or transportation.

The building located at 72861 EI Paseo is significant as the first Fire Station in the City of Palm Desert. The building was constructed in 1951 on land donated by Clifford W.

Henderson. The building is eligible for designation as a City Landmark in accordance with section 29. 40. 010 Landmark Designation Criteria as it " reflects distinctive examples of community planning or significant development patterns, including those associated with different eras of settlement and growth, agriculture, or transportation.

Upon its completion in 1951, it was the only building west of Highway 74 and south to where Haystack is now. The fire station is a one- story structure built in finro sections, one on each side of the fire truck storage area or garage. Mr. Henderson, with the permission of the Architectural Committee for Palm Desert Corporation was to solicit the services of Mr. Walter White, renowned architect, to design and submit a lowering of the roof angle, and increase the roof overhang, thus creating a " Ranch Roof' design which is especially desirable and adaptable to the desert climate. The east wing consisted of a living or office room area, three bedrooms, one bath, dining room and kitchen. It was considered a residence because a resident fireman and his family lived in this section during the 1950' s and early 1960' s. The west wing consisted of an office and bathroom and equipment storage. The cement block building materials were secured from the County Prison Farm brick yard and the labor to build the structure came from both paid and volunteer firefighters.

In the fall of 1983, the new fire station at Palm Desert Town Center ( Station 33) was finished, and so the historic fire station was vacated. In the winter of 1983, Boy Scout Troop 76 moved in and used the facility up until January, 1987. In January, 1985 the Historical Society of Palm Desert moved in and shared the facility with Troop 76 until January, 1987.

In June of 1985 the County of Riverside executed a " Quitclaim Deed" for the Fire Station and the Historical Society of Palm Desert secured ownership.

In January, 1990 at a Board meeting of the Historical Society Trustees, on the recommendation of their attorney, resolved to deed the fire house over to the City of c 3
323
Resolution No. 2oio_ 2
Page3of3
Palm Desert. This was done with the understanding that the Society would continue to occupy the building. This transaction was reported to the public in July, along with plans to renovate the structure by early fall.

In 2002, the Society did a major renovation to the inside of the bay ( center section) of the historic fire house. A glass storefront was installed behind the pull-down door, and the room was set up to exhibit a major firefighting display.

The building is currently owned by the City of Palm Desert and is leased to the Historical Society of Palm Desert which maintains their Headquarters and Archival Center.

NOW THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF PALM

DESERT DOES HEREBY DESIGNATE HISTORICAL SOCIETY OF PALM DESERT PALM DESERT FIRE CONTROL STATION), LOCATED AT 72- 861 EL PASEO, AS A

LOCAL HISTORIC LANDMARK
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California at its regular meeting held this day of 2010, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

CINDY FINERTY, MAYOR
ATTEST:

RACHELLE D. KLASSEN, CITY CLERK

CITY OF PALM DESERT, CALIFORNIA
6 ; f
324
City of Palm Desert
Department of Building and Safety
73- 510 Fred Waring Dr., Palm Desert, CA 92260
760) 776- 6420
Fax ( 760) 776- 6392
Landmark
Cultural Resources Nomination Application

IDENTIFICATION

1. Common name: Historical Societv, Palm Desert Museum

2. Historic Name: Palm Desert Fire Control Station

3. Street address: 72- 861 EI Paseo
City Palm Desert State CA Zip 92260

4. Assessor Parcel number: 640220-052

5. Legal Owner: Citv of Palm Desert
City Palm Desert State CA Zip 92260

6. Present Use: Historical Societv, Palm Desert Museum

7. Original Use: Palm Desert Fire Control Station
Date form prepared: March 30, 2010
Preparer: Cultural Resources Preservation Committee
Sponsoring Organization ( if any): Citv of Palm Desert
Address: 73- 510 Fred Waring Drive
City Palm Desert State CA Zip: 92260
Phone: 760) 346- 0611
325

DESCRIPTION

8. Legal property description: . 34 acres M/ L in POR NE '/ of SE '/ 4 of Section 19, T. 5S, R. 6E, S. B. B & M.

Include approximate property size ( in feet): Street Frontage 100 Depth 150

9. Architectural Style: Ranch Vernacular

10. Construction Date: Estimated Apr- Nov 1951 Factual
Source of Information: Assessor' s Records Building Permit Sanborn Map 0 Publications Oral Interviews

11. Architect' s Name: Walter White Builder' s Name: Bill Lord

12. Condition: Excellent Good Fair 0 Deteriorated
No longer in existence ( for site ofl

13. Alterations: In 2002 a maior renovation of the inside apparatus bay of the historic fire house was perFormed to accommodate a glass storefront which was installed behind the pull- down door.

14. Use type:

Residential Industrial Commercial OCivic Other

15. Is the structure on its original site?
0 Yes No Unknown If moved, approximate year

16. Related features and/ or outbuildings: Hose rack in back on the southern edae of the propertV.

17. Architectural Description
The first Palm Desert Fire Station and present day Historical Society Museum building located at 72- 861 EI Paseo was historically the first construction west of HWY 74 on EI Paseo. The natural slope of the site combined with a 50 foot front setback placed the building pad well above the street.
326
A 72 x 44 foot gable roofed single story facility was developed in two phases, perForming finro functions and using two construction systems.

The initial phase was of concrete block on slab and dealt with the essentials of firefighting. This was comprised of a double apparatus bay with a recessed floor, a finrenty two ( 22) foot wide, ten ( 10) foot high overhead door, a ready room, an office, storage and toilet room. The rustic concrete masonry units used were furnished by the County Prison farm brick yard in Banning.

The second phase of the building program utilized frame and stucco construction. It provided a 1400 square foot, three ( 3) bedroom living facility for a full time firefighter and family.

Despite the difference in building systems an effort was made to maintain architectural harmony by matching roof design, materials and fenestration details. For example, the original concrete block building utilized steel casement sash with divided lites. The frame and stucco addition not only matched the sash, it recessed it and duplicated the concrete masonry sill detail in wood.

The two phases and building systems are physically separated on the street elevation by the visually dominant apparatus bay door opening which now contains glazed aluminum store front. The scale of this bold statement is in contrast to the otherwise residential nature of the architecture. Both phases have matching 17 x 8 foot gable roofed porches which help tie the systems together. The gables have characteristic features frequently used in Palm Desert by buildings Architect, Walter White, which features low pitch and exaggerated over hang at the ridge.

The original floor plan of the firehouse is unchanged with the occupation of the Palm Desert Historical Society. Rooms have been adapted to accommodate community historical displays, offices, archives and the original apparatus bay houses a vintage firefighter equipment collection. The ready room is now used for meetings.

The front yard of the property is landscaped with desert plantings. Retaining walls and steps make the transition from the sidewalk to the elevated site. Recognizable is the original wide concrete driveway ramping down to the street from the apparatus bay where the war surplus fire truck is occasionally parked. A second driveway leads past the east side of the building to a paved parking and storage area in the rear of the property.

There is a small 12 x 16 foot gable roof building currently used for storage but commonly referred to as the scout house. At the extreme rear of the property is the original 55 foot long open wood grate fire hose drying rack elevated and pitched for hose drainage.
327

SIGNIFICANCE

18. Statement of Significance:

The building located at 72861 EI Paseo is significant as the first Fire Station in the City of Palm Desert. The building was constructed in 1951 on land donated by Clifford W.

Henderson. The building is eligible for designation as a City Landmark in accordance with section 29.40. 010 Landmark Designation Criteria as it " reflects distinctive examples of community planning or significant development patterns, including those associated with different eras of settlement and growth, agriculture, or transportation.

Upon its completion in 1951, it was the only building west of Highway 74 and south to where Haystack is now. The fire station is a one- story structure built in two sections, one on each side of the fire truck storage area or garage. Mr. Henderson, with the permission of the Architectural Committee for Palm Desert Corporation was to solicit the services of Mr. Walter White, renowned architect, to design and submit a lowering of the roof angle, and increase the roof overhang, thus creating a " Ranch Roof' design which is especially desirable and adaptable to the desert climate. The east wing consisted of a living or office room area, three bedrooms, one bath, dining room and kitchen. It was considered a residence because a resident fireman and his family lived in this section during the 1950' s and early 1960' s. The west wing consisted of an office and bathroom and equipment storage. The cement block building materials were secured from the County Prison Farm brick yard in Banning and the labor to build the structure came from both paid and volunteer firefighters.

In June of 1985 the County of Riverside executed a " Quitclaim Deed" for the Fire Station and the Historical Society of Palm Desert secured ownership.

In January, 1990 at a Board meeting of the Historical Society Trustees, on the recommendation of their attorney, resolved to deed the fire house over to the City of Palm Desert. This was done with the understanding that the Society would continue to occupy the building. This transaction was reported to the public in July, along with plans to renovate the structure by early fall.

In 2002, the Society did a major renovation to the inside of the bay ( center section) of the historic fire house. A glass storefront was installed behind the pull- down door, and the room was set up to exhibit a major firefighting display.

The building is currently owned by the City of Palm Desert and is leased to the Historical Society of Palm Desert which maintains their Headquarters and Archival Center.
328

ADDITIONAL INFORMATION

19. References used

20. Photographs
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21. Letter from property owner
Office Use Only
Date Application received: March 30, 2010
Application complete and accepted: Q Yes No
Case File Number: CRPC 10- 01
Date of Public Hearing before the CRPC: Apri127, 2010
329
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Sample Plaque Design
12" diameter aluminum plaque
5/ 16" thick plaque
Raised Copy
Leatherette - w/ satin surFace
Semi- gloss finish ( forest green)
Blind mount standard studs
330
Martinez, Gloria
From: Moeller, Charlene [[email protected] Sent: Tuesday, April 27, 2010 11: 48 AM
To: Martinez, Gloria
Subject: RE: Legal Notice- PH 05/ 13/ 10- Case No. CRPC 10- 01 Ad received and will publish on date( s) requested.

Cliartene Nloeller
Public Notice Customer Service Rep.

The Desert 8un Newspaper
750 N. Gene Autrq Trail, Palm Spriags, CA 92262
760) 778- 4578, Fax( 760) 778- 4731
Desert Sun legals( a thedesertsun. com
Desert Post Weekiy dpwleaalsCc thedesertsun. com
The Coachella Valley' s# 1 Source in News 8 Advertising! Visit us at mydesert. com NOTE: Starting on March 29th, there wili be a$ 10 affidavit processing fee added to the cost of each Public Notice From: gmartinez@cityofpalmdesert. org [ mailto: gmartinez@cityofpalmdesert. org) Sent: Tuesday, April 27, 2010 11: 41 AM
To: tds- legals
Cc: rklassen@cityofpalmdesert. org; rgrance@cityofpalmdesert. org; scicchini@cityofpalmdesert. org Subject: Legal Notice - PH 05/ 13/ 10 - Case No. CRPC 10- 01 PLEASE PUBLISH THE FOLLOWING:

NOTlCE OF PUBLIC HEAR/ NG
Notice of Public Hearing to Consider Historic Landmark Designation for the Property located at 72- 861 EI Paseo, Palm Desert, California, Case No. CRPC 10- 01.

ONCE IN THE DESERT SUN
Thursday, April 29, 2010
If you have any questions or require additional information, please give me a call. j?.C o?. r:a ' j?a2"',, e
Records Technician
City of Palm Desert
73- 510 Fred Waring Drive
Palm Desert, California 92260
760) 346- 0611 Ext. 354
r arti iez.? city_of almdesert_
1 331

CITY OF PALM DESERT

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Paim Desert City Council to consider historic landmark designation for the property located at 72- 861 EI Paseo, Palm Desert, CA, Case No. CRPC 10- 01.

Said hearing will be held at 4: 00 p. m. on Thursday, May 13, 2010, in the Council Chamber at the Palm Desert Civic Center, 73- 510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written consent concerning all items covered by this notice shall be accepted up to the date and time of the hearing. Information concerning the proposed designation is available for review in the Building and Safety Department at the above address befinreen the hours of 8: 00 a. m. and 5: 00 p. m. Monday through Friday.

If you challenge the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice, as in written compliance delivered to the City Council, or prior to, the public hearing.

Dated this 27' day of April, 2010.

RA HELLE D. KLASSEN, CITY CLERK

CITY OF PALM DESERT, CALIFORNIA
73510 Fred Waring Drive
Palm Desert, CA 92260
760) 346- 0611
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339
340
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Page 1 of 1 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
SUBJECT: RATIFY A LETTER OF SUPPORT TO THE U.S. DEPARTMENT OF

TRANSPORTATION FOR THE COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS’ ACCESS INDIAN CANYON DRIVE PROJECT
RECOMMENDATION:

Ratify a letter of support to the U.S. Department of Transportation for the Coachella Valley Association of Governments’ ACCESS Indian Canyon Drive Project.

BACKGROUND/ANALYSIS:

The U.S. Department of Transportation is seeking grant applications for the Wildlife Crossing Pilot Program. The Wildlife Crossings Pilot Program (WCPP) is a competitive grant program aimed at reducing wildlife vehicle collisions while improving habitat connectivity for terrestrial and aquatic species. The application period closed on September 4, 2024.

On August 20, 2024, the Coachella Valley Association of Governments (CVAG) requested letters of support from Coachella Valley cities for the ACCESS Indian Canyon Drive Project. The proposed project scope includes two all-weather bridge systems, undercrossings to create a wildlife corridor, sand fencing, and an active transportation pathway. The City Council Ad Hoc Committee on Legislative Affairs authorized the immediate issuance of the letter of support, and the City Council is requested to ratify issuance of the letter of support.

Legal Review:

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

FINANCIAL IMPACT:

There is no financial impact associated with this action.

ATTACHMENT:

1. Letter of Support
353
354

C I T Y O F P A L M D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
[email protected]
August 26, 2024
The Honorable Pete Buttigieg
U.S. Secretary of Transportation
1200 New Jersey Ave, SE
Washington, DC 20590
RE: CVAG’s ACCESS Indian Canyon Drive Project - Support Dear Secretary Buttigieg:

On behalf of the City of Palm Desert, I strongly support the Coachella Valley Association of Governments’ (CVAG) application to the United States Department of Transportation’s Wildlife Crossings Pilot Program (WCPP). CVAG’s Addressing Climate Change, Emergencies and Sandstorms (ACCESS) Indian Canyon Drive project is a multi-benefit project that will improve habitat connectivity for threatened and endangered species in the Whitewater Floodplain Preserve Conservation Area, while also improving public safety, mobility, sustainability, and equity for surrounding disadvantaged communities.

The Whitewater Floodplain Preserve area is home to listed species such as the Coachella Valley fringedtoed lizard, the Coachella Valley milkvetch, and the burrowing owl, all of which depend on the unique sand transport ecosystem for habitat and survival. As a result of the sand transport process, blowsand accumulates on Indian Canyon Drive, an at-grade arterial road that crosses the conservation area. In effect, species that rely on the blowsand are placed in direct conflict with motorists traveling on Indian Canyon Drive. Building bridges and culverts at two key areas along Indian Canyon Drive would allow wildlife and blowsand to more easily pass under the road, significantly improving wildlife connectivity.

The proposed project would have the added benefit of decreasing prolonged road closures due to blowsand and flooding. Road closures on Indian Canyon Drive prevent access to essential services, including job centers, schools, childcare facilities, and the region’s only Level 1 Trauma Center.

CVAG’s ACCESS project represents an essential step towards building a resilient desert transportation infrastructure that can protect our environment while improving the safety and resiliency of our local communities.

For this reason, we strongly support CVAG’s application to the WCPP for the ACCESS Indian Canyon Drive project and look forward to your favorable consideration. If you have any questions regarding our position, please do not hesitate to contact the City Manager, Todd Hileman, at (760) 346-0611 or email [email protected].

Sincerely,
Karina Quintanilla
Mayor, City of Palm Desert
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Page 1 of 1 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Shelby Goodwin, Special Events Coordinator SUBJECT: RECEIVE AND FILE INFORMATIONAL REPORT ON ROAD CLOSURES

SCHEDULED TO OCCUR ON EL PASEO ASSOCIATED WITH FISCAL
YEAR 2024-25 ROUTINE SPECIAL EVENTS
RECOMMENDATION:

Receive and file informational report on road closures scheduled to occur on El Paseo associated with Fiscal Year 2024-25 routine special events:

1. Desert Cancer Foundation’s Paint El Paseo Pink – October 19, 2024

2. Palm Desert Area Chamber of Commerce’s Golf Cart Parade – October 27, 2024

3. Martha’s Village and Kitchen’s Thanksgiving 5K – November 28, 2024

4. Palm Desert Charter Middle School Foundation’s Panther 5K – January 26, 2025 BACKGROUND/ANALYSIS:

Paint El Paseo Pink, the Golf Cart Parade, Thanksgiving 5K, and the Panther 5K are annual events on El Paseo that require road closures between Portola Avenue and Highway 74. For all these events, staff will work with the event producers in advance to ensure that hard closures are utilized at all major intersections and that police officers are stationed at designated locations along the route. Additional notification regarding the road closures will be provided to businesses along El Paseo and any affected residents. This report is to inform the City Council and the public about the El Paseo road closures as part of our overall communication efforts.

Legal Review:

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

FINANCIAL IMPACT:

The City Council approved sponsorships for Paint El Paseo Pink, the Golf Cart Parade, and the Thanksgiving 5K as part of the FY 2024-25 budget; however, there is no financial impact to the General Fund associated with this request as each organization will be responsible for costs related to the road closures.
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Page 1 of 1 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Thomas Soule, Public Affairs Manager
SUBJECT: RECOGNITION OF SERVICE AND AUTOMATIC REMOVAL OF SUSAN

STAUBER FROM THE EL PASEO PARKING & BUSINESS

IMPROVEMENT DISTRICT BOARD OF DIRECTORS
RECOMMENDATION:

1. Thank Susan Stauber for her many years of service on the El Paseo Parking & Business Improvement District (EPPBID) Board of Directors.

2. Acknowledge the automatic removal of Susan Stauber from the EPPBID Board of Directors in accordance with Palm Desert Municipal Code (PDMC) Section 3.40.070(F).

BACKGROUND/ANALYSIS:

At the EPPBID Board meeting on July 19, 2024, Member Susan Stauber announced that the business she represented, Grayse, would close as of August 2024. In accordance with Palm Desert Municipal Code Section 3.40.070(F), “Any member who ceases to be a proprietor, partner, or corporate officer or a member business or any member who ceases to be in an executive management position in the case of a member entity whose headquarters are not located in the city of Palm Desert, shall automatically be removed as a member.” Therefore, the City Council is requested to acknowledge the automatic removal of Ms. Stauber.

Ms. Stauber has been a long-term member of the Board in good standing, and the City thanks her for her years of service to the EPPBID.

Legal Review:

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

FINANCIAL IMPACT:

There is no financial impact associated with this action.

ATTACHMENT:

1. El Paseo Parking and Business Improvement District Meeting Minutes – June 19, 2024

2. Palm Desert Municipal Code Section 3.40.070
359
360
1 EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT BOARD

CITY OF PALM DESERT

REGULAR MEETING MINUTES
June 19, 2024, 8:00 a.m.

Present: Board Member Rebecca Elliott, Board Member Alec Longmuir, Board Member Susan Stauber, Board Member Michelle
Whittaker, Chair Patrick Klein

Absent: Vice Chair David Fletcher
Staff Present: Public Affairs Manager Thomas Soule, Director of Economic Development Eric Ceja, Marketing Assistant Christiani Aquino, Recording Secretary Michelle Nance
Liaison(s) Present: City Council Liaison, Jan Harnik
Click HERE to review the meeting audio.

Click HERE to access the meeting agenda packet.

1. CALL TO ORDER
A Regular Meeting of the El Paseo Parking and Business Improvement District Board was called to order by Chair Klein on June 19, 2024, at 8:02 a.m. in the Administrative Conference Room, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.

2. ROLL CALL

3. NON-AGENDA PUBLIC COMMENTS
None.

4. CONSENT CALENDAR
Motion by: Board Member Stauber
Seconded by: Board Member Elliott
To approve the consent calendar as presented.

Motion Carried (5 to 0)

4.a APPROVAL OF MINUTES
Approve the Minutes of May 14, 2024.

4.b APPROVAL OF FINANCIALS
Approve the Financial Statement ending in April 30, 2024 361
2 5. CONSENT ITEMS HELD OVER
None.

6. INFORMATIONAL REPORTS

6.a CITY STAFF
Business and Community Outreach Coordinator Mager provided an update on red curb painting project for El Paseo.

6.b SHERIFF UPDATE
Chair Klein and Board Member Longmuir provided updates on behalf of the Sheriff's department regarding recent significant incidents on El Paseo.

6.c MARKETING UPDATE
Report provided; no action taken on this item.

7. ACTION CALENDAR

7.a PROVIDE ADDITIONAL FEEDBACK ON FISCAL YEAR 2023-2024 BUDGET AND PROVIDE DIRECTION FOR PREPARATION OF FISCAL YEAR 2024- 2025 BUDGET
Stephanie Greene of FG Creative and Public Affairs Manager Soule provided the staff report and answered member inquiries.

Motion by: Chair Klein
Seconded by: Board Member Whittaker
Recommend City Council approve budget for FY 2024-2025 as presented.

Motion Carried (5 to 0)

7.b EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT BOARD

VACANCY AND POTENTIAL BOARD MEMBER INTERVIEWS
Board interviewed candidate Mahasti Islami and reviewed candidate Angela Rafferty's application.

Motion by: Board Member Elliott
Seconded by: Board Member Stauber
Recommend City Council approve Mahasti Islami as a Board Member for El Paseo Parking and Business Improvement District Board.

Motion Carried (5 to 0)
362
3 7.c REVIEW CERTIFIED FARMER'S MARKET PROPOSAL
Christiana Green, of Certified Farmers Market, presented proposal of an El Paseo Farmers Market and answered member inquiries.

Stephanie Greene, of FG Creative, provided merchant feedback on previous events that require road closure.

During the course of deliberations the consensus of the Board favored the idea of a Farmers Market, but opposed the proposed Saturday schedule and provided the following feedback:
• Provide other location options including adjacent to El Paseo and Civic Center Park;
• Research other options of non-weekend days for proposed event; • Research cost for City; and
• Provide a El Paseo merchant survey to obtain feedback from all merchants.

8. COMMENTS

8.a EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT BOARD

MEMBERS
Board Member Stauber reported on the permanent closure of Grayse set for August 2024.

8.b CITY COUNCIL LIAISON
Mayor Pro Tem Harnik reminded the Board to assist Sheriff Deputies with "see something, say something" and opined already missing the Courtesy Carts as they have ended for the season.

8.c CITY STAFF
Deputy Clerk Nance introduced City Clerk team member Yuri to the Board. Public Affairs Manager Soule reminded the Board of the State of the City address taking place June 25, 2024, at UCR Palm Desert Campus.

8.d ATTENDANCE REPORT
Report provided; no action taken on this item.

9. ADJOURNMENT
The El Paseo Parking and Business Improvement District Board adjourned at 9:29 a.m. 363
4 10. PUBLIC NOTICES
_________________________
Michelle Nance, Deputy Clerk I
Recording Secretary
_________________________
Thomas Soule, Public Affairs Manager
Secretary
_________________________

DATE APPROVED BY EPPBID BOARD
364
§ 3.40.070. El Paseo business improvement area advisory board.

A. Established. There is established an El Paseo business improvement area advisory board ("board"). The provisions set forth in Chapter 2.34 of this code shall apply to this board, except as otherwise required by state law. If there is any conflict between the provisions of this chapter and those in Chapter 2.34 of this code, the provisions of this chapter will control.

B. Purpose. The purpose and objectives of the El Paseo parking and business improvement area is to represent the interests of its members on El Paseo. These interests include, but are not limited to, advertising promotion, street beautification, parking, tourism and other activities promoting business in the area.

The El Paseo parking and business improvement area was established to promote El Paseo as a world class, pedestrian friendly, upscale consumer oriented destination, offering quality and unique retail and service businesses.

C. Members. The board shall consist of seven members appointed by the city council. The terms of office of said members of the advisory board shall be for three year terms. Board terms shall be staggered so that approximately one-third of the terms expire each year and said term shall begin January 1st of each year. Appointments to the board shall be limited to all businesses (on a business license basis) with an address between 73-040 through 73-999 El Paseo and adjoining streets located one hundred eighty feet south of El Paseo and one hundred fifty four feet north of El Paseo as defined in Section 3.40.010 of this code.

Members of the board must be a proprietor, partner, or corporate officer of a member business, excepting that members may be a person holding an executive management position of a member entity if such member entity's headquarters are not located in the city of Palm Desert. No more than one individual from a business paying a single assessment may serve at the same time as a member of the board.

D. Appointments. The city clerk shall forward all applications to the membership committee of the Board. The membership committee shall interview each applicant and report their findings to the board. The board shall vote on each applicant and by majority vote may recommend such person(s) to the city council to fill the vacant seat.

E. Meetings. The board may meet monthly on a date, time, and place as set by Board resolution or minute order. The regular meeting in May shall be designated as the budget planning and annual meeting of the board.

F. Removal. Any member who ceases to be a proprietor, partner, or corporate officer or a member business or any member who ceases to be in an executive management position in the case of a member entity whose headquarters are not located in the city of Palm Desert, shall automatically be removed as a member.

G. Committees. Committees shall not have the authority of the board in the management of the association. The members of a committee shall be members of the association and the board shall appoint the members thereof. One member of each committee shall be elected chairperson by the members of the committee. Any members thereof may be removed by the board whenever, in their judgment, the best interests of the association shall be served. A member of the board shall be an advisory member of all committees. Each member of a City of Palm Desert, CA
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committee shall continue as such time as their successor is appointed, unless the committee is terminated sooner, or unless such member is removed from such committee, or unless such member shall cease to qualify as a member thereof.

City of Palm Desert, CA
§ 3.40.070 § 3.40.070
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Chris Escobedo, Assistant City Manager
SUBJECT: RESOLUTION OF SUPPORT FOR PROPOSITION 36, MODIFYING

EXISTING LAWS RELATED TO PUNISHMENT OF THEFT AND DRUG
CRIMES
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING PROPOSITION 36, WHICH MODIFIES EXISTING

LAWS RELATED TO PUNISHMENT FOR THEFT AND DRUG CRIMES BY CREATING

INCENTIVES FOR ADDICTION TREATMENT, TREATING FENTANYL LIKE OTHER DANGEROUS DRUGS, AND DISCOURAGING RETAIL THEFT.”
BACKGROUND/ANALYSIS:

In 2014, California voters passed Proposition 47, which reclassified certain non-violent property and drug offenses from felonies to misdemeanors. The intention was to reduce incarceration rates and allocate resources towards community services such as mental health and substance abuse treatment. However, some stakeholders argue that Proposition 47 has also led to unintended consequences, such as a reduction in the severity of punishments for offenses related to organized retail theft and the distribution of dangerous drugs.

Proposition 36, scheduled to be on the statewide ballot on November 5, 2024, proposes several changes to the current legal framework:
 Reclassification of Certain Crimes: Proposition 36 allows for the reclassification of specific crimes from misdemeanors to felonies, particularly for individuals with repeated theft offenses or those involved in the possession and distribution of certain drugs, including fentanyl.
 Retail Theft Provisions: The proposition includes measures to address organized retail theft by enhancing penalties for theft crimes involving groups of individuals or those with prior convictions.
 Treatment-Mandated Felonies: Proposition 36 introduces a new court process for individuals with multiple prior drug convictions. This process could allow for treatmentbased alternatives to incarceration, with charges being dismissed upon successful completion of treatment programs.
 Fentanyl Classification: The proposition classifies fentanyl as a dangerous drug, similar to heroin and cocaine, and includes provisions for courts to warn individuals that they could face murder charges if their actions result in a fatal overdose. 367
City of Palm Desert
Resolution of Support for Proposition 36

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Prop 36 is supported by the Riverside County Sheriff’s Department to assist in enforcement of crimes in the city of Palm Desert and Riverside County.

Endorsing Proposition 36 aligns with the City of Palm Desert’s commitment to public safety, supporting local businesses, and promoting justice through appropriate penalties and rehabilitative opportunities.

The City Council is invited to review the attached resolution and consider whether to endorse the proposition, weighing the potential impacts on public safety, local businesses, and the broader community.

Legal Review:

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

FINANCIAL IMPACT:

The fiscal impact of Proposition 36 includes potential increases in state and local criminal justice costs. These could stem from:
 State-Level Costs: An increase in the state prison population and additional workload for courts, possibly resulting in costs ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually.
 Local-Level Costs: Potential increases in county jail populations, community supervision requirements, and local court workloads, likely resulting in additional costs in the tens of millions of dollars annually.

The proposition could also reduce the amount the state is required to spend on services related to Proposition 47, such as mental health and drug treatment, by reversing some of the savings realized under that measure.

ATTACHMENTS:

1. Draft Resolution

2. Legislative Analyst Office, Analysis of Proposition 36 368
RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, SUPPORTING PROPOSITION 36, WHICH

MODIFIES EXISTING LAW RELATED TO PUNISHMENT FOR THEFT

AND DRUG CRIMES BY CREATING INCENTIVES FOR ADDICTION

TREATMENT, TREATING FENTANYL LIKE OTHER DANGEROUS

DRUGS, AND DISCOURAGING RETAIL THEFT
WHEREAS, Proposition 47, approved by California voters in 2014, reduced the penalties for certain theft and drug crimes, classifying them as misdemeanors, which led to a decrease in the severity of punishments for these offenses; and WHEREAS, Proposition 36 seeks to reverse some of the changes made by Proposition 47 by reclassifying certain theft and drug crimes as felonies, particularly in cases involving repeated offenses or the sale of highly dangerous drugs like fentanyl, heroin, cocaine, or methamphetamine; and
WHEREAS, Proposition 36 creates a new court process for some drug possession crimes, introducing the concept of a “treatment-mandated felony,” where individuals with multiple prior convictions for drug-related offenses may receive treatment options instead of incarceration, with the possibility of charges being dismissed upon successful completion of treatment; and
WHEREAS, the proposed legislation would increase the punishment for theft crimes involving organized groups or individuals with prior convictions, thereby aiming to address the growing issue of retail theft, which has negatively impacted businesses across the state, including those in our own community; and WHEREAS, Proposition 36 includes provisions to treat fentanyl as a highly dangerous drug, similar to heroin or cocaine, and mandates that courts warn individuals convicted of dealing in such drugs that they could face murder charges if someone dies as a result of their actions, thereby potentially reducing the risk of fatal drug overdoses in our community; and
WHEREAS, the City of Palm Desert strives to protect the safety, health, and property of its residents and businesses, and the passage of Proposition 36 aligns with these goals by strengthening the penalties for dangerous criminal activities while providing opportunities for rehabilitation through treatment; and WHEREAS, the Legislative Analyst’s Office projects that Proposition 36 may increase state and local criminal justice costs, primarily due to an expected rise in prison populations and the workload for local courts and public defenders, but acknowledges that these costs could be offset by the potential reduction in crime rates as a result of the proposition's stricter penalties and treatment options; and 369
Resolution No. 2024-____ Page 2
WHEREAS, endorsing Proposition 36 supports the City's broader commitment to ensuring public safety, addressing substance abuse, and promoting justice within the community.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, that the City officially endorses Proposition 36 and encourages its passage in the upcoming statewide election on November 5, 2024.

ADOPTED ON ________________, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, 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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November 5, 2024 Ballot

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PROPOSITION 36
Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes. Initiative Statute.

ANALYSIS OF MEASURE

BACKGROUND
Punishment Depends on Seriousness of Crime and Criminal History Punishment for Felonies. A felony is the most serious type of crime. People can be sentenced to county jail or state prison for felonies, depending on the crime and their criminal history. In some cases, people can be supervised in the community by a county probation officer instead of serving some or all of their sentence in jail or prison. This is called county community supervision. The length of a sentence mostly depends on the crime. For example, murder can be punished by 15 years or more in prison. In contrast, selling drugs can be punished by up to five years in jail or prison, depending on the drug. Sentences can also be lengthened due to details of the crime. For example, sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold.

Punishment for Misdemeanors. A misdemeanor is a less serious crime. Examples include assault and drug possession. People can be sentenced to county jail, county community supervision, and/or a fine for misdemeanors. Sentences can be up to one year in jail.

Proposition 47 Reduced Punishments for Some Theft and Drug Crimes In 2014, Proposition 47 changed some theft and drug crimes from felonies to misdemeanors.

For example, shoplifting (stealing items worth $950 or less from a store) and drug possession generally became misdemeanors.

PROPOSAL
Proposition 36 makes several key changes related to punishments for theft and drug crimes. First, it increases punishment for some of these crimes. Second, it creates a new treatment-focused court process for some drug possession crimes. Third, it requires courts to warn people convicted of selling or providing illegal drugs to others that they can be charged with murder if they keep doing so and someone dies.
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November 5, 2024 Ballot

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Increases Punishment for Some Theft and Drug Crimes
Proposition 36 increases punishment for some theft and drug crimes in three ways:
• Turns Some Misdemeanors Into Felonies. For example, currently, theft of items worth $950 or less is generally a misdemeanor. Proposition 36 makes this crime a felony if the person has two or more past convictions for certain theft crimes (such as shoplifting, burglary, or carjacking). The sentence would be up to three years in county jail or state prison. These changes undo some of the punishment reductions in Proposition 47. • Lengthens Some Felony Sentences. For example, Proposition 36 allows felony sentences for theft or damage of property to be lengthened by up to three years if three or more people committed the crime together.
• Requires Some Felonies Be Served in Prison. For example, as discussed above, sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold. Currently, these sentences are served in county jail or state prison depending on the person’s criminal history. Proposition 36 generally requires these sentences be served in prison.

Creates New Court Process for Some Drug Possession Crimes Proposition 36 allows people who possess illegal drugs to be charged with a “treatment-mandated felony,” instead of a misdemeanor, in some cases. Specifically, this applies to people who (1) possess certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) and (2) have two or more past convictions for some drug crimes (such as possessing or selling drugs). These people would generally get treatment, such as mental health or drug treatment. Those who finish treatment would have their charges dismissed. Those who do not finish treatment could serve up to three years in state prison. This change undoes some of the punishment reductions in Proposition 47.

Requires Warning of Possible Murder Charges for Selling or Providing Drugs Proposition 36 requires courts to warn people that they could be charged with murder if they sell or provide illegal drugs that kill someone. This warning would be given to people convicted of selling or providing certain drugs (such as fentanyl, heroin, cocaine, and methamphetamine). This could make it more likely for them to be convicted of murder if they later sell or provide illegal drugs to someone who dies.

FISCAL EFFECTS
Proposition 36 would have various fiscal effects on the state and local governments. The size of these effects would depend on uncertain factors, such as what decisions local prosecutors would make.

Increases State Criminal Justice Costs. Proposition 36 would increase state criminal justice costs in two main ways.
• Increase in State Prison Population. It would require some people who now serve their sentences at the county level to serve them in state prison. Also, it lengthens some prison sentences. In total, the prison population could increase by around a few thousand people. (There are about 90,000 people in prison now.) 372
November 5, 2024 Ballot

Page 3 of 4 ends

• Increase in State Court Workload. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment-mandated felonies would increase court workload.

In total, Proposition 36 would increase state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars each year (annually). This amount is less than one-half of 1 percent of the state’s total General Fund budget. (The General Fund is the account the state uses to pay for most public services, including education, health care, and prisons.)
Increases Local Criminal Justice Costs. Proposition 36 would increase local criminal justice costs in two main ways.
• Net Increase in County Jail and Community Supervision Population. In some ways, Proposition 36 would reduce the jail and community supervision population. This is because some people would go to state prison instead of the county level. In other ways, it would increase this population. This is because some people would spend more time in county jail or on community supervision. Overall, Proposition 36 likely would increase the county population. This increase could be around a few thousand people. (There are about 250,000 people at the county level now.) • Increase in Local Court-Related Workload. It would also increase workload for local prosecutors and public defenders. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment-mandated felonies would create workload for some county agencies (such as probation or behavioral health departments).

In total, Proposition 36 would increase local criminal justice costs, likely by tens of millions of dollars annually.

Reduces Amount State Must Spend on Certain Services. Proposition 47 created a process in which the estimated state savings from its punishment reductions must be spent on mental health and drug treatment, school truancy and dropout prevention, and victim services. These estimated savings totaled $95 million last year. By undoing parts of Proposition 47, Proposition 36 reduces the state savings from Proposition 47. This would reduce the amount the state must spend on mental health and drug treatment, school truancy and dropout prevention, and victim services. This reduction likely would be in the low tens of millions of dollars annually.

Other Fiscal Impacts. Proposition 36 could have other fiscal effects on the state and local governments. For example, if the increased punishments or mandated treatment reduce crime, some state and local criminal justice costs could be avoided. However, it is unknown if these or other effects would occur.
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November 5, 2024 Ballot

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YES/NO STATEMENT
A YES vote on this measure means: People convicted of certain drug or theft crimes could receive increased punishment, such as longer prison sentences. In certain cases, people who possess illegal drugs would be required to complete treatment or serve up to three years in prison.

A NO vote on this measure means: Punishment for drug and theft crimes would remain the same.

SUMMARY OF LEGISLATIVE ANALYST’S ESTIMATE OF NET STATE AND

LOCAL GOVERNMENT FISCAL IMPACT
• Increased state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually, primarily due to an increase in the prison population.
• Increased local criminal justice costs, likely in the tens of millions of dollars annually, primarily due to county jail, community supervision, and court-mandated mental health and drug treatment workload.

BALLOT LABEL
Fiscal Impact: State criminal justice costs likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually. Local criminal justice costs likely in the tens of millions of dollars annually.
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Bassam AL-Beitawi, Senior Project Manager
Randy Chavez, Deputy Public Works Director
SUBJECT: AWARD A CONTRACT TO UNITED STORM WATER INC., FOR THE

ON-CALL CATCH BASIN AND DRAIN CLEANING PROGRAM (PROJECT NO. MDR00004)
RECOMMENDATION:

1. Award a contract to United Storm Water, Inc., for the On-Call Catch Basin and Drain Cleaning Program in an amount not to exceed $309,317 for the first year and $175,321 annually thereafter for a three-year term, with two one-year extensions.

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

3. Authorize the City Manager to execute the agreement, any documents necessary to effectuate the actions taken herewith, and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code.

BACKGROUND/ANALYSIS:

To ensure the safety and functionality of City-owned catch basins and drains, the City of Palm Desert (City) contracts annually for their cleaning and maintenance. This regular upkeep is essential for preventing sediment and debris accumulation, which can block storm drains and lead to flooding. By frequently removing this material, the City reduces unpleasant odors, minimizes contamination in receiving waters, and complies with certain requirements of the City's NPDES (National Pollutant Discharge Elimination System) permit.

As part of this commitment, on June 16, 2024, the City released a Request for Proposal (RFP) for the On-Call Catch Basin and Drain Cleaning Program (Program). This scope of work covers the cleaning of 820 catch basins and 110 under-sidewalk drains annually.

In addition, the Program includes the fabrication and installation of 139 connector pipe screen (CPS) units, as required by the NPDES permit. These CPS units are designed to capture trash and debris while allowing water to flow into the storm drain system, ultimately protecting the Whitewater River Channel. The installation of these CPS units will complete the equipping of all catch basins in Palm Desert.

The City received two proposals by the deadline of August 15, 2024. The proposals were reviewed for clarity and conformance with the guidelines, content of the proposal, experience and performance, comments by references, and fee proposal (range of costs). The companies submitting proposals include:
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City of Palm Desert
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Company Location Year 1 * Year 2-5
United Storm Water, Inc. Industry, CA $309,317 $175,321 Downstream Services, Inc. Escondido, CA $554,340 $307,893 * The 139 CPS units are proposed to be installed in Year 1 at a one-time cost of $133,996.

A Selection Committee comprising of two staff members from the Public Works Department reviewed the proposals. Following an evaluation, the Committee proposes awarding a contract to United Storm Water, Inc., (Contractor) for on-call services.

The Contractor demonstrated conformance with the RFP by providing the content in the format identified in the RFP. Furthermore, they provided the most competitive pricing, with rates favorable compared to the other vendor. In addition, staff conducted a reference check on the Contractor, receiving commendable feedback on their past performance, including their responsiveness, work quality, and communication with their clients. Lastly, the Contractor received the contract last fiscal year and provided satisfactory services.

Legal Review:

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

FINANCIAL IMPACT:

The approved Capital Improvement Project (CIP) List for Fiscal Year 2024/25 includes an annual amount of $385,000 under two accounts for the Program.

The table below lists the budget programmed for FY 2024/25:

Program Account Budget
Catch Basin & Inlet Modifications 2114311-4333200 $110,000 Catch Basin & Inlet Modifications 4204314-4333200 $275,000 Total: $385,000
Staff will budget accordingly during the annual budget approval process for future years and expenditures will be contingent upon budget approval; therefore, there is no further financial impact to the general fund.

ATTACHMENTS:

1. Agreement

2. Payment and Performance Bonds

3. Proposal
376
Contract No. ___________
1 Revised 07-2023
BBK 72500.00001\32374943.1

CITY OF PALM DESERT

MAINTENANCE SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 12th day of September, 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 UNITED STORM WATER, a Corporation, with its principal place of business at 14000 EAST VALLEY BOULEVARD, INDUSTRY, CA 91746 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Contractor.

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

Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

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

On-Call Catch Basin and Drain Cleaning Program
(hereinafter referred to as “the Project”).

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”).

The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from September 12, 2024, to June 30, 2027, 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 oneyear terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the 377
Contract No. ___________
2 Revised 07-2023
BBK 72500.00001\32374943.1
means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control.

Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

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

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

3.2.4 City’s Representative. The City hereby designates Bassam AL-Beitawi, Senior Project Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation.

Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates RAMON MENJIVAR, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. 378
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BBK 72500.00001\32374943.1
Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with.

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

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

3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to 379
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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements.

3.2.11 Insurance.

3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $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. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such 380
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circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Fidelity Coverage [Reserved]
(F) Cyber Liability Insurance. [Reserved]
(G) Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.

3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract.

City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to 381
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property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except 382
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for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its subconsultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the 383
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work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents 384
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created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Sites.

3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements.

No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require 385
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to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed THREE HUNDRED NINE THOUSAND SEVENTEEN Dollars ($309,317) for the first year and ONE HUNDRED SEVENTY-FIVE THOUSAND THREE HUNDRED TWENTY-ONE Dollars ($175,321) thereafter annually without written approval of the City Council or City Manager, as applicable.

3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
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3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
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3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

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

3.5 General Provisions.

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

Contractor: UNITED STORM WATER, INC.
1400 EAST VALLEY BOULEVARD
INDUSTRY, CA 91746-2801
ATTN: RAMON MENJIVAR, SALES MANAGER
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: BASSAM AL-BEITAWI, PUBLIC WORKS
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, 388
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volunteers, and representatives as part of any such claim, suit, action, or other proceeding.

Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees.

Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 389
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3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

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

3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

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

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

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

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

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

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
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Contract No. ___________
Revised 07-2023
BBK 72500.00001\32374943.1

SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND UNITED STORM WATER, INC.

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

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

UNITED STORM WATER, A CORPORATION
By:

Eduardo C. Perry
President
By:

Daniel C. Perry
Vice President
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
City Clerk QC: ________
Contracts QC: ________
Insurance:
___________
Initial Review
____________
Final Approval
Bonds: ________
391
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT “A”

SCOPE OF SERVICES
The Contractor shall provide all labor, materials, equipment, tools, utility services, and transportation necessary to complete the work.

Scope of Services:

1. Catch Basin Cleaning: Cleaning of 820 catch basins.

2. Drain Pipe Cleaning: Cleaning of 110 under-sidewalk drains.

3. Fabrication and Installation of CPS Units: Manufacture and installation of 139 connector pipe screen (CPS) units to capture trash and debris and ensure compliance with NPDES permit requirements.

4. Other Tasks:
o Mobilization
o Traffic Control
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Contract No. ___________
Exhibit “B”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT “B”

SCHEDULE OF SERVICES
A Draft Schedule for the first contract year of tasks is based on the assumptions shown below.

Additional crews may be added to accommodate any expedited City schedule needs:
 Cleaning Operations - (2) 2-Man crews; approximately 14 workdays to complete  CPS Installation - (1) 2-Man crew; approximately 7 workdays to complete Cleaning services will be performed using industrial vacuum and the work includes removal of debris, traffic control, laboratory analysis, disposal of the extracted waste, and documentation (photos and inspection/cleaning reports). The under-sidewalk drains will be hydro jetted as needed for cleaning, and all wastewater will be collected and properly disposed of.

During service events catch basins that are retrofitted with CPS devices will be inspected to verify their condition. At this time United will immediately report evidence of illegal discharges or illicit connections to any storm drain system being serviced to the City via telephone and a follow-up email.

The term of this Agreement shall be from September 12, 2024, to June 30, 2027, 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. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 393
Contract No. ___________
Exhibit “C”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT “C”

COMPENSATION
YEAR 1
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 EA $15,000.00 $15,000.00
2 Traffic Control 1 EA $1.00 $1.00
3 Clean Catch Basin 820 EA $166.00 $136,120.00
4 Clean Under
Sidewalk Drains
110 EA $220.00 $24,200.00
5 Fabricate & Install
CPS Unit
139 EA $996.00 $133,996.00
Total: $309,317.00
YEAR 2-5
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 EA $15,000.00 $15,000.00
2 Traffic Control 1 EA $1.00 $1.00
3 Clean Catch Basin 820 EA $166.00 $136,120.00
4 Clean Under
Sidewalk Drains
110 EA $220.00 $24,200.00
Total: $175,321.00
394
Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to United Storm Water, Inc., (hereinafter referred to as the “Contractor”) an agreement for OnCall Catch Basin and Drain Cleaning Program (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated September 12, 2024, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, United Storm Water, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Three Hundred Nine Thousand Three Hundred Seventy Dollars, ($309,317.00) for the first year and One Hundred Seventy-Five Three Hundred Twenty-One Thousand Dollars, ($175,321) thereafter annually, said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
395
Contract No. ___________
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
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396
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By

Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
397
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
398
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
399
Contract No. ___________

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed September 12, 2024, has awarded to United Storm Water, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:

On-Call Catch Basin and Drain Cleaning Program (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated September 12, 2024, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Three Hundred Nine Thousand Three Hundred Seventy Dollars, ($309,317.00) for the first year and thereafter annually One Hundred Seventy-Five Thousand Three Hundred Twenty-One Dollars, ($175,321) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or 400
Contract No. ___________
modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
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401
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
402
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
403
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
404
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REQUEST FOR PROPOAL

ON-CALL CATCH BASIN AND DRAIN CLEANING PROGRAM
RFP No. MDR00004
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Submitted by
14000 E. Valley Blvd.

City of Industry, CA 91746
Ramon Menjivar
Sales Manager
626/ 961-9326 Office
626/ 434-6285 Fax
626/ 890-7104 Cell
[email protected]
Bid Opening Date: August 15, 2024 @ 4:00 PM
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SECTION A: COVER LETTER
August 15, 2024

City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Subject: RFP No. MDR00004- On-Call Catch Basin & Drainage Cleaning Program To whom is may concern,
United Storm Water, Inc. (United) is pleased to submit the enclosed response to the RFP for On-Call Catch Basin and Drainage Cleaning. United offers quality services that aid public agencies to remain in compliance with local and state storm water regulations in a professional and workmanlike manner.

1. Introduction of Firm and Qualifications
Contractor Information
Legal Name United Storm Water, Inc.

Address 14000 E. Valley Blvd., City of Industry, CA 91746 Legal Form of Company S-Corporation
Year Incorporated 1999 (25 years)
California Corporation No. C2155753
Tax Identification No. 95-4742126
DIR Registration No. 1000012438
Contractor License No. 768583 (A, HAZ, C21, C27, C31, C42) DBE Designation Minority Business Enterprise (MBE)
United Storm Water is a Class A Contractor founded in 1999 having demonstrated experience and expertise in storm water maintenance and BMP fabrication and installation. United holds the licenses and permits required for fulfillment of the contract and have successfully provided these services to numerous public agencies throughout California including the City of Palm Desert (2018, 2022-2023). 406
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Additionaly, United Storm Water is the Water Board Certified Connector Pipe Screen (CPS) manufacturer who installed its devices in the City of Palm Desert in 2022- 2023.

Qualifications
United meets and exceeds the minimum qualifications identified in the bid specifications:
 Have (25) years of experience performing general maintenance and cleaning services of catch basins, storm drain structures, and open channels. Have performed maintenance of CPS devices since they were invented.
 Possess a Class A California contractor’s license including the following specialty licenses:
o HAZ- Hazardous Substance Removal
oC21- Demolition
oC27- Landscaping
oC31- Traffic Control
oC42- Sanitation System
 Employ qualified personnel who have prerequisite knowledge and experience with the work at hand, and have performed the subject services for the City of Palm Desert for numerous years under contract.
 Have at least (3) satisfactory references for similar services within the past (3) years AND have performed satisfactory work for the City in the past.  Meet the insurance requirements detailed in the RFP document.  Complete all projects on time and within budget and have NEVER defaulted on any service contract.
 United Storm Water is an experienced manufacturer and installer of its own Water Board certified CPS devices.

2. Executive Summary
United will commit all necessary resources required to concurrently inspect and clean approximatley (820) catch basins and (110) under sidewalk drains yearly, and will fabricate and install approximately (139) CPS devices over a 3-year period.

Cleaning operations can be completed in approximatley (14) work days utilizing (2) 2-man crews, and CPS installations can be completed in approximately (7) work 407
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days utilizing (1) 2-man crew. Additonal crews may be added to accommodate expedited City schedule needs.

Cleaning services will be performed using industrial vacuum. The under sidewalk drains will be hydrojetted as needed for cleaning, and all waste water will be collected and properly disposed of. The work includes removal of debris, traffic control, laboratory analysis, dsposal of the extracted waste, and documentation (photos and inspection/cleaning reports).

United Storm Water has sufficient manpower and equipment necessary to execute all services requested under this RFP utilizing its own forces except its sister company, United Pumping Service, will be subcontracted for transportation and disposal. The United family of companies work out of the same office building and fleet terminal located in the City of Industry, California.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations and prevailing wage rates apply. A sample cleanin and installation schedule is included with this proposal as Exhibi A, and actual dates will be directed and approved by the City.

The term of the agreement is (5) years. The Cost Propoal provided in OpenGov shall remain fixed for the 5-year contract term for line items 1 through 4. For line item 5 (CPS installation) rates will remain fixed for the first (3) years of the contract term only due to the fluctuation in the cost of stainless steel. Pricing for any CPS installations requested after the third contract year will be negotiated per a change order.

3. Contact Information
The following individuals are authorized to negotiate Agreement terms and compensation:

Contractor Information
President Eduardo C. Perry, Jr.

Address 14000 E. Valley Blvd., City of Industry, CA 91746 Email [email protected]
Phone (626) 961-9326

Secretary/Treasurer Lydia Perry
Address 14000 E. Valley Blvd., City of Industry, CA 91746 Email [email protected]
Phone (626) 890-7078
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United Storm Water is a firm who is a forerunner in its industry and is always evolving to provide leading edge solutions at the best price. We look forward to the possibility of continuing to serve the City of Palm Desert above and beyond its expectations.

Please contact me should you require any additional information as part of the evaluation process. Thank you for your consideration of our proposal! Sincerely,
Lydia Perry, Secretary/Treasurer
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SECTION B: EXPERIENCE AND TECHNCAL COMPETENCE

1. Background Information
United Storm Water (United) has been in business since 1999 (25 years) and was incorporated by the owners of United Pumping Service who has been among the forerunners in hazardous waste transportation since 1970 (54 years).

United Pumping Service, was the original firm who was contracted by Los Angeles County in 1998 to design and implement what was at the time the largest storm water remediation project in the United States when (15) cities were sued for noncompliance with the Clean Water Act. United Pumping Service’s original storm water division was so successful and determined to lead the industry with storm water solutions, that there was a high need for the establishment of a specialized company, hence the beginning of United Storm Water.

These family owned and operated Minority Business Enterprises (MBEs) are experts in their fields, and are true pioneers in storm water management and environmental remediation.
a) Capabilities
United Storm Water is a qualified firm having demonstrated experience and expertise including but not limited to:
o Storm Drain Inspection and Monitoring
o Trash Quantification
o Curb Stenciling
o Conveyance System Maintenance
o Channel Cleaning
o Pump House and Lift Station Cleaning
o Sand Filter Maintenance
o Fabrication and Installation of LA County ad
Water Board Approved BMPs (Filter Inserts,
Automatic Retractable Screens, Connector
Pipe Screens)
o Certified Contech Maintenance Provider
 CDS
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 Filterra
 StormFilter
 Jelly Fish Filter
 Vortechs
o Hazardous Waste Removal
o Pond Maintenance
o COVID-19 Sanitizing Services
o 24-Hour Emergency Response
b) Licensing and Permits
United Storm Water is a general engineering contractor with the proper licenses, permits, qualifications, and approvals to perform the scope of work including:
o California Contractor’s Board License Number: 768583
 A – General Engineering
 HAZ - Hazardous Substance Removal and Remedial Actions Contractor  C21 – Building Moving/Demolition Contractor
 C27 – Landscaping Contractor
 C31 – Construction Zone Traffic Control Contractor
 C42 – Sanitation System Contractor
o EPA Identification Number: CAR000064931
o Department of Toxic Substance Control Hazardous Waste Transporter Registration Number: 4034
o California Department of Motor Vehicles
Motor Carrier Permit Number: 0203159
o California Highway Patrol - Hazardous
Materials Transportation License Control
Number: 132487
o US DOT Hazardous Materials Certificate of
Registration: HM Company ID 526397
o Cal EPA/DTSC Transportable Treatment
Unit Under Conditional Exemption: USWDW1
c) Demonstrated Experience
United Storm Water has successfully performed services of a similar size and nature to that described in the RFP for numerous public agencies for (25) years including the City of Palm Desert (2018, 2022-2023).

The most challenging and complex storm drain maintenance project that United Storm Water has participated in is for Caltrans District 7 where the United family 411
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of companies has provided services over various contract periods since 1998.

United is required to field a minimum of (1) 4-man day crew and (6) 4-man night crews (approximately 30 people total on the night crew including Supervisors and Managers), for cleaning (8,500) catch basins within (75) work days. This work requires the activation of over (300) static lane closures on highways.

The largest individual catch basin retrofit project that United Storm Water has participated in was as a subcontractor for the Gateway Retrofit Project where United cleaned and retrofitted some 13,000 catch basins with Connector Pipe Screen devices for (15) cities located within the Gateway Region of Los Angeles County.

2. References
References for whom United Storm Water has provided comparable services are provided below. Additional references are available upon request:

Reference 1
Company City of Dana Point
Address 33282 Golden Lantern, Dana Point, CA 92629
Contact Name Lisa Zawaski
Phone Number (949) 248-3584
Email Address [email protected]
Project Name Storm Water Best Management Practices (BMP) Maintenance Services & As-Needed Spill Response
Project Description Cleanout of approximately four hundred twenty (420) catch basins and eight (8) CDS units including as needed storm drain cleaning three times yearly. Approx. $ 350,000/yr.

Duration of Project 2018 – 2023; 2000 - 2017 Reference 2 Company City of Ontario
Address 303 East “B” Street, Ontario, CA 91764
Contact Name Casey Cameron
Phone Number (909) 241-5467
Email Address [email protected]
Project Name Storm Drain Maintenance
Project Description Cleanout of approximately one thousand, seven hundred (1,700) catch basins as well as storm drain pipe cleaning (12,000 lf) yearly over various contract; and installation of CPS devices over various contract periods. Approx.
$1,698,434 total sales revenues for the period shown below.

Duration of Project 2019-Ongoing; 2013-2017 Reference 3 Company City of Palm Desert
Address 73-510 Fred Waring Dr., Palm Desert, CA 92260
Contact Name Neal Ennis
Phone Number (760) 776-6450
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Email Address [email protected]
Project Name Catch Basin and Drain Cleaning Project
Project Description Cleanout of approximately eight hundred twenty (820) catch basins and approximately one hundred ten (110) under
sidewalk drains as well as the installation of approximately sixty (60) CPS units. Approx. $447,631 total sales revenues for the period shown below.

Duration of Project 2018; 2022 - 2023 Reference 4
Company City of Tustin
Address 300 Centennial Way, Tustin, CA 92790
Contact Name Alex Waite
Phone Number (714) 573-3151
Email Address [email protected]
Project Name Catch Basin Inspection, Cleaning, and Catch Basin BMP Maintenance Program
Project Description Cleanout of approximately one thousand two hundred (1,200) catch basins two to three times yearly including installation of storm drain BMP devices as needed. Approx. $ 287,000/yr.

Duration of Project 2018 – Ongoing; 2003 - 2017
SECTION C: FIRM STAFFING AND KEY PERSONNEL

1. Staffing
United Storm Water and its sister company, United Pumping Service, share the same 8-acre property in the City of Industry that houses a large corporate office and fleet yard. Together they have effectively planned, managed, and delivered the professional, reliable, and innovative services that their customers deserve. All of United’s employees are on-call 24-hours and its field staff is comprised of 35 Drivers, 50 Supervisors and Technicians, and 10 Project Managers. 413
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Staffing for performance of services will be as follows, and additional crews can be added to accomodate any expedited City schedule needs:
o Cleaning Operations—(2) 2-Man crews consisting of (1) Lead Technician and (1) Assiting Technician
o CPS Installation—(1) 2-Man crew consisting of (1) Lead Technician and (1) Assiting Technician

2. Key Personnel
United Storm Water has all of the manpower and resources in place for providing reliable services as required by this RFP. Key personel that will be principally responsible for working with the City are as follows:
o Dedicated Project Manager— Ramon Menjivar
o Alternate Project Manager— Cesar Garcia
o Environmental Health & Safety Manager— Marisa Bishop
o Field Supervisors/Inspectors— Aron Angulo, Luis Juarez, Jose Ponce o Field Technicians & Drivers—Various, to be determined

3. Team Organization
a) Dedicated Project Manager, Ramon Menjivar (Mobile 626/890-7074) There will be one Project Manager, Ramon Menjivar, assigned to the contract who will be on-call 24-hours, and service staff that has experience working on previous storm drain maintenance contracts held with the City of Palm Desert will be utilized for efficient performance of services.

Mr. Menjivar will have full responsibility for the contract and will coordinate with the City, and all other project team members to fulfill service requests. As the Project Manager responsible for the execution of United’s previous storm drain maintenance contracts with the City of Palm Desert, Ramon is thoroughly familiar with the City’s storm drain system, protocols, and expectations. Mr.

Menjivar’s involvement in the management of this project will be key to its success and he is always on-call 24-hours.
b) Alternate Project Manager, Cesar Garcia (Mobile 626/419-0256) Mr. Garcia will serve as an alternate Project Manager for this contract in the absence of Mr. Menjivar, and has first-hand experience providing storm drain maintenance services under United’s previous contracts with various public agencies. Mr. Garcia will be on-call 24-hours in the absence of Mr. Menjivar. 414
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c) Env. Health & Safety Manager, Marisa Bishop (Mobile 626/347-6058) United employs a full-time Environmental Health and Safety (EHS) Manager, Marisa Bishop, who addresses the protocol that is followed by its employees to ensure a healthy and safe work environment including:
o Conducting and enforcing a company safety program
o Planning and tracking employee safety training
o Developing Site Health and Safety Plans
o Conducting field safety inspections
o Tracking employee accident and health exposures
o Maintaining permits with regulatory agencies
o Preparing for compliance audits
Mrs. Bishop’s daily responsibilities are to improve the quality of safety and environmental management processes by following established regulations, policies, standards, and practices. Mrs. Bishop is always on-call 24-hours. d) Field Supervisor, Aron Angulo
Field Supervisor, Luis Juarez
Field Supervisor, Jose Ponce
There will be a Field Supervisor (Aron Angulo, Luis Juarez and or Jose Ponce) assigned to this project who will oversee all services rendered to the City. The Field Supervisor will ensure compliance with all applicable laws and regulations, and will coordinate with United’s Project Manager to ensure that all City needs are satisfied, and will approve or reject the work performed and methods used.

These trained and experienced Field Supervisors will oversee all storm drain maintenance and CPS installation procedures. Having performed this work for multiple public agencies over the past (17) to (18) years, they are thoroughly familiar with municipal storm drain systems as well as the protocols and expectations required by public agencies. All Field Supervisors are always oncall 24-hours. e) Field Technicians & Drivers
Our highly experienced, professional service staff are trained and medically monitored in accordance with OSHA and Cal/OSHA standards—Title 29 CFR 1910.120 (hazardous waste operations and emergency response); 1910.132 (personal protective equipment); 1910.1030 (bloodborne pathogens); 1910.134 (respiratory protection); and 1910.1200 (hazard communication) including:
o 40-Hour HAZWOPER Training & 8-Hour Annual Refresher Courses o 30-Hour OSHA Training in Construction Safety & Health 415
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o 8-Hour Hazardous Materials First Responder Decontamination Training o Completion of e-RAILSAFE System Program & Background Check o Traffic Control Training Per Caltrans Chapter 8 Standards o Confined Space Entry Training
o Confined Space Rescue Training
o DOT HM-126F, HM-180 & HM-181
o Bloodborne Pathogens Training
o Medical Surveillance Program
o O.M.V. & D.O.T. Drug & Driving Record
Programs
o CPR & First Aid Training
o LiveScan (Required by Transportation Security Administration) f) Administrative Personnel
United’s administrative personnel have firsthand experience with developing and maintaining databases required for projects using MSExcel, MSAccess, and Primavera software. They efficiently and accurately perform data entry and prepare reports for all the contracts that are managed by our firm.

4. Subcontractor, United Pumping Service, Inc.

United Storm Water’s sister company, United Pumping Service, will be subcontracted for transportation and disposal of the extracted waste. The United family of companies work out of the same office building and fleet terminal located in the City of Industry, California, allowing them to provide seamless services to their clients.

Below is a summary of the qualifications and experience of United Pumping Service:
 Have (54) years of experience performing environmental remediation services for public and private entities throughout the state of California.  Hold an active Class A California contractor’s license including the following specialty licenses:
o HAZ- Hazardous Substance Removal
o C21- Demolition
o C31- Traffic Control
o C42- Sanitation System
 As the 63rd licensed transporter in California, United Pumping Service is the oldest licensed emergency response / hazardous waste transporter in the state:
o EPA Identification Number: CAD072953771
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o California Department of Motor Vehicles Motor Carrier Permit Number:
0001024
o California Department of Food and Agriculture-Inedible Kitchen Grease Transporter Commercial Registration Number: IKC-10108
o Department of Toxic Substance Control Hazardous Waste Transporter Registration Number: 0063
o California Highway Patrol - Hazardous Materials Transportation License Number: 27388
o US DOT Hazardous Materials Certificate of Registration: HM Company ID 1660
o Cal EPA/DTSC Transportable Treatment Unit Under Conditional Exemption:

UPSDW1
o SCAQMD Rule 1166 Contaminated Soil Mitigation Plan Company: Plan ID 576918
o OSHA Trench and/or Excavation Permit Number: 2024-904435 o California Department of Health Services Trauma Scene Waste Management Practitioner Number: 079
SECTION D: PROPOSED METHOD TO ACCOMPLISH THE WORK

1. Commitment of Service
United Storm Water will commit all necessary resources required to concurrently inspect and clean approximatley (820) catch basins and (110) under sidewalk drains yearly, and will fabricate and install approximately (139) CPS devices over a 3-year period.

A Draft Schedule for the first contract year of tasks is attached as Exhibit A based on the assumptions shown below. Additional crews may be added to accomodate any expedited City schedule needs:
o Cleaning Operations—(2) 2-Man crews; approximately 14 work days to complete
o CPS Installation—(1) 2-Man crew; approximately 7 work days to complete Cleaning services will be performed using industrial vacuum and the work includes removal of debris, traffic control, laboratory analysis, dsposal of the extracted waste, and documentation (photos and inspection/cleaning reports). The under sidewalk drains will be hydrojetted as needed for cleaning, and all waste water will be collected and properly disposed of.
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During service events catch basins that are retrofitted with CPS devices will be inspected to verify their
condition. At this time United will immediately report
evidence of illegal discharges or illicit connections to any storm drain system being serviced to the City via
telephone and a follow-up email.

2. Methods and Controls
The following is a proposed outline of activities that will be undertaken for executing this project:

Project Activity Proposed Staff Member
to Perform Activity

1. Submit W-9 Form Administrative Personnel

2. Submit Insurance Administrative Personnel

3. Attend Contract Kick-Off Meeting Key Personnel

4. Obtain Storm Drain Information from
City Representative
Project Manager, Ramon Menjivar

5. Meet With City Representative
Regarding the Prioritized Schedule
Project Manager, Ramon Menjivar

6. Perform Project Planning Project Manager, Ramon Menjivar; and Operations Manager, Dana De Guzman

7. Submit Work Schedule to City
Representative
Project Manager, Ramon Menjivar

8. Conduct Field Tailgate Meeting Project Manager, Ramon Menjivar

9. Perform Service Requests Service Staff

10.Perform Quality Assurance During
Service Requests
Field Supervisor

11.Collect & Compile Required
Documentation
Operations Manager, Dana De Guzman;
and Administrative Personnel

12.Provide Required Documentation to
City Representative
Project Manager, Ramon Menjivar

13.Obtain City Representative Approval
of Services Performed
Project Manager, Ramon Menjivar

14.Submit Invoicing Project Manager, Ramon Menjivar
a) Permits
United will obtain the project required business-, encroachment- and traffic control permits. All other project related licenses and certifications required for the lawful execution of the contract are already in place. 418
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b) Equipment
All catch basin cleaning will be performed utilizing industrial Vactron trucks , and the under sidewalk drains will additionaly require the use of hydrojetting equipment. United will provide confined space entry equipment as needed at each site. Confined space entry equipment will include at a minimum an air monitor, air blower (if existing ventilation is insufficient), parachute harness, safety harness, and a tripod man lift hoisting device for lifting employees out of the space.
c) Protocol
All work will be performed in a timely manner per a schedule and route that has been pre-approved by the City Representative. United’s Project Manager will ensure that all City needs are satisfied, and will approve or reject the work performed and methods used.

Personnel are safety watch trained in first aid and cardiopulmonary resuscitation (CPR) with effective means of communication between employees inside a confined space and cell phones will be onsite. A Site Health and Safety Plan will be reviewed and signed by all crew members acknowledging compliance while working at the site. A Confined Space Entry Permit will be completed for each permit required site where entry is required.

Work will be performed in a manner that abides by all OSHA, and City safety codes, policies, and procedures as well as all local, state, and federal environmental and storm water regulations.

All waste water generated from hydrojetting procedures will be collected and properly disposed of. No discharges of any material will be allowed to enter the storm water conveyance system and United’s service staff will be equipped with appropriate spill kits in the event of any accidental release or spill. Should an accidental non-permitted discharge occur United will immediately contain and clean the release and inform the City Representative.

During service operations if chemicals or hazardous waste are found the City Representative will be notified immediately, and he/she will determine how the situation will be addressed.
d) Waste Profiling and Disposal
Samples of the extracted waste will be obtained and analyzed by an ELAP certified laboratory. The corresponding laboratory report will be submitted to a local disposal facility along with waste profile forms. Customer waste profiles will be tracked internally and will be rushed through disposal facility waste acceptance procedures as needed.
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The extracted waste will be transported for disposal to an appropriate disposal facility located closest to the City based on laboratory findings. The customer will thereafter receive copies of all waste shipment related documentation (lab analysis, waste profile, shipping documents, weight tickets). e) Quality Control
United Storm Water will perform all work under this contract, taking necessary steps and precautions to ensure that services meet the satisfaction of the City.

United will provide a professional quality of services, technical assurance, and all work will be performed diligently, carefully, and in a good and workman-like manner. To this end all work will be reviewed for quality assurance prior to submitting deliverables, and any errors will be corrected.

Additionally, United’s Project Manager will assign a Field Supervisor who will oversee all operations. The Supervisor will ensure compliance with all applicable laws (federal, state, and local), ordinances and regulations, and will coordinate with the Project Manager to ensure that all City needs are satisfied and that documentation is accurate.
f) Preventative Maintenance
In order to minimize the occurrence of emergencies during rain events, United will inspect and maintain the City’s storm drain system per its approved schedule in a professional and environmentally conscious manner. The goal at all times will be to maintain the storm drain system such that it functions as designed, thereby minimizing harm to residents and damage to property during rain events. This will be achieved by identifying issues before they become a problem, providing timely response during rain events and emergencies, and providing recommendations for improvement of the City’s formal storm drain maintenance program.

All storm drain systems require scheduled routine maintenance to ensure that they operate as designed. Should field inspections determine that any maintenance schedule is inadequate, findings will be collected, tracked and reported to the City Representative and the schedule will be adjusted to best suit the needs of the City from both environmental and economic standpoints.

At this time any “trouble drains” will also be identified to assist the City in researching and resolving any issues that may have the potential for causing flooding during a major storm event.

Field inspections will also include a survey of the City’s existing BMP devices. As a fabricator and installer of partial and full trash capture devices, United Storm Water has the ability to repair or replace existing BMPs, and to make recommendations for installation of additional custom devices as needed. 420

COST PROPOSAL
YEAR 1
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 EA $15,000.00 $15,000.00
2 Traffic Control 1 EA $1.00 $1.00
3 Clean Catch Basin 820 EA $166.00 $136,120.00
4 Clean Under
Sidewalk Drains
110 EA $220.00 $24,200.00
5 Fabricate & Install
CPS Unit
139 EA $996.00 $133,996.00
Total: $309,317.00
YEAR 2-5
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 EA $15,000.00 $15,000.00
2 Traffic Control 1 EA $1.00 $1.00
3 Clean Catch Basin 820 EA $166.00 $136,120.00
4 Clean Under
Sidewalk Drains
110 EA $220.00 $24,200.00
Total: $175,321.00
421
422

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Richard D. Cannone, AICP, Director of Development Services SUBJECT: AMEND ELECTRONIC PAYMENT POLICY ALLOWING CONVENIENCE

FEES TO BE PAID BY CUSTOMER
RECOMMENDATION:

Amend the Electronic Payment Policy (Policy FIN-001) allowing convenience fees to be paid by customer.

BACKGROUND/ANALYSIS:

On April 13, 2017, the City Council adopted Resolution No. 2017-35, authorizing the acceptance of electronic payments, including credit and debit cards, for City-imposed fees, charges, fines, permits, and licenses. The resolution also granted the City Manager authority to establish policies and procedures regarding the acceptance of electronic payments, which was formalized in Policy FIN-001 (Electronic Payment Policy).

Policy FIN-001, established through Resolution No. 2017-35, stipulates that if the City Manager determines that the cost of providing electronic payment options cannot be covered through increased user fees or offset by internal cost savings, the City Manager, with City Council approval, may assess a "convenience fee" or service fee. This fee may also be administered by a third party.

On November 17, 2022, the City Council approved an amendment to Policy FIN-001 to allow an electronic payment option through Deckard Technologies for Short Term Rental (STR) Transient Occupant Tax (TOT) payments, with convenience fees borne by the STR owners who choose to use the online payment portal. Last fiscal year, 48% of the STR permit holders who do not have their TOT collected through Airbnb opted to remit their TOT payments electronically and pay the associated convenience fee.

TOT Payment Amount
Total STR TOT Collected $ 2.7 million
Airbnb lump sum TOT payment $ 1.7 million
All other TOT payments $ 1.0 million
TOT paid electronically $ 480,000 (48%)
Approximately 99.5% of all credit card payments are processed through the Development Services Department, with a convenience fee charge of around 3% for credit card transactions.

Below is a summary of the convenience fees paid by the City over the last five fiscal years:
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City of Palm Desert
Electronic Payment Policy – Convenience Fees

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Fiscal Year Convenience
Fees Paid
2019-2020 $ 20,251
2020-2021 $ 51,291
2021-2022 $ 60,246
2022-2023 $ 81,840
2023-2024 $ 48,157
Staff recommends that the convenience fee for all online payments be borne by the customer if they choose to pay electronically. This change would align with the 2022 policy update for STR TOT payments and ensure that the City does not bear the significant cost of processing electronic payments. Additionally, implementing this change would create a uniform policy for all electronic payments, reducing confusion and administrative complexity.

Legal Review:

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

FINANCIAL IMPACT:

Reduces the financial burden (lost revenue) on the City by passing the convenience fee onto customers who opt for electronic payment methods.
424

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
SUBJECT: DIRECTION ON A RESOLUTION BEING CONSIDERED AT THE LEAGUE OF CALIFORNIA CITIES’ GENERAL ASSEMBLY MEETING
RECOMMENDATION:

Provide direction on whether to support or oppose the resolution proposed for the upcoming League of California Cities’ General Assembly Meeting.

BACKGROUND/ANALYSIS:

Each year, the League of California Cities (“Cal Cities”) accepts resolutions from member cities and elected officials on issues of importance to municipalities. The resolutions are reviewed by the appropriate policy committees, and their recommendations are presented at the General Assembly meeting, scheduled for Friday, October 18, 2024. The voting delegates in attendance at the General Assembly meeting will make the final determination on the resolutions. This year, one resolution has been introduced for consideration by the Cal Cities’ General Assembly.

It is important that the City be represented at the Cal Cities’ General Assembly meeting to vote on the proposed resolution(s) in accordance with City Council direction. Cal Cities encourages each City Council to consider the resolution(s) so that the voting delegate can accurately represent the City’s position. On December 14, 2023, the City Council designated Councilmember Trubee and Mayor Quintanilla to serve as the City’s voting delegate and alternate voting delegate, respectively.

Supporting Cal Cities’ resolution(s) does not commit cities to adopt or implement any Cal Cities positions in their local communities.

Proposed Resolution
The Cal Cities’ resolution packet, which includes the full text of each resolution, is attached for City Council consideration. Below is a summary of the resolution.

A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA

CITIES CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT LAWS THAT ENSURE THAT “WHAT APPLIES TO ONE, APPLIES TO ALL” IN THE FAIR AND

EQUAL TREATMENT OF ALL GOVERNMENTAL OFFICIALS AT ALL LEVELS IN THE

STATE OF CALIFORNIA
This Resolution, brought forth to Cal Cities in response to concerns about the perceived unequal treatment of local and state governmental officials under current California law, seeks to address the discrepancy where certain laws and regulations apply solely to local officials but not to state legislators. This issue has been raised by city officials who believe that the current legal 425
City of Palm Desert
2024 Cal Cities Resolution Packet

Page 2 of 2 ends

framework places an unfair burden on local government officials compared to their state counterparts.

The end goal of this Resolution is to ensure fairness and equal treatment across all levels of government. Specifically, it proposes that Cal Cities call upon the California Legislature to enact laws that guarantee the principle of “what applies to one, applies to all.” This means that any law or regulation imposed on elected officials of California cities and counties should equally apply to members of the California State Assembly and Senate. The Resolution further clarifies that exceptions should only be made when they pertain to the inherent powers of the legislative branch under the California Constitution.

It is important to note that while this Resolution represents a formal request by Cal Cities, it is not binding. The Resolution itself does not have the force of law but rather serves as a strong advocacy position that Cal Cities will use to lobby the California Legislature. The effectiveness of this Resolution depends on the Legislature’s willingness to enact the proposed changes into law.

The League of California Cities staff analysis of the proposed resolution is included in Attachment 1.

Legal Review:

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

FINANCIAL IMPACT:

There is no fiscal impact associated with this action. Expenses to attend the meeting have been budgeted in the Fiscal Year 2024-25 Budget.

ATTACHMENT:

1. 2024 Cal Cities Resolution Packet
426
2023-2024

CAL CITIES OFFICERS
President
Daniel T. Parra
Mayor
Fowler
First Vice President
Lynne Kennedy
Mayor Pro Tem,
Rancho Cucamonga
Second Vice President
Gabe Quinto
Council Member,
El Cerrito
Immediate Past President
Ali Sajjad Taj
Mayor Pro Tem,
Artesia
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 28, 2024
TO: Mayors, Council Members, City Managers, and City Clerks RE: Cal Cities 2024 Resolution Packet
Sixty days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit resolutions on issues of importance to cities. This year, Cal Cities received one resolution by the Aug. 17 deadline.

The attached packet contains the proposed resolution, supporting letters from city officials, and an analysis of the resolution by Cal Cities. The packet includes detailed information on the resolution process.

We encourage each city council to consider the resolution and determine a city position so your voting delegate can represent your city’s position on the resolution.

Voting Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two alternate delegates. If your city has not already done so, please appoint your voting delegate by Sept. 25. The voting delegate packet contains more information.

The Cal Cities 2024 General Assembly will be held Oct. 18 at 8:30 a.m. in the Long Beach Convention Center during the Annual Conference and Expo.

For questions about resolutions, voting delegates, or the General Assembly, please contact Zach Seals.
427
2024
Resolutions
Packet
428
2024 Resolutions Packet
Information on 2024 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, the Cal Cities President has referred the submitted resolution to the Governance, Transparency, and Labor Relations Policy Committee. The committee will meet on Oct. 3 at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here.

A list of recommendations the policy committee may make during its meeting are on page three of this packet.

Consideration by Resolutions Committee (during conference) On Oct. 17 at 1:30 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee.

The Resolutions Committee consists of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location.

A list of recommendations the Resolutions Committee may make during its meeting are on page three of this packet.

Consideration by the General Assembly (during conference) The General Assembly will convene on Oct. 18 at 8:30 a.m. to consider any qualified resolutions. To vote during the General Assembly, voting delegates must have checked-in at the voting delegate booth.

Conference attendees will receive materials for the General Assembly on the evening of Oct. 17. For more information on voting and discussion procedures during the General Assembly, see page four of this packet.

Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked-in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1 429
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 2 430
2024 Resolutions Packet
Policy Committee and Resolutions Committee Actions
The submitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The below table shows what recommendations these bodies may make on the resolution.

Policy Committee Actions Resolutions Committee Actions
Approve Approve
Disapprove* Disapprove*
No Action No Action
Amend and approve Amend and approve
Refer to appropriate policy committee
for further study*
Approve as amended
Refer as amended to appropriate
policy committee for further study*
Refer to appropriate policy committee
for further study*
Refer as amended to appropriate
policy committee for further study*
Approve with additional
amendment(s)
Additional amendments and refer to
appropriate policy committee for
further study*
*If a resolution is disapproved or referred for further study by all policy committees to which it is assigned and the Resolutions Committee, it will not proceed to the General Assembly. 3 431
2024 Resolutions Packet
General Assembly Voting and Discussion Procedures
Discussion Procedures:

Discussion procedures during the General Assembly are guided by two calendars:
the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resolutions Committee.

For General Resolutions:

Policy Committee
Recommendation
Resolutions Committee
Recommendation Calendar
Approve Approve Consent Calendar
Approve Disapprove or refer Regular Calendar
Disapprove or refer Approve Regular Calendar
Disapprove or refer Disapprove or refer Does not proceed to General Assembly
For Petitioned Resolutions:

Policy Committee
Recommendation Resolutions Committee Action Calendar
N/A
Approve Regular Calendar
Disapprove or Refer Regular Calendar
Disqualified Does not proceed to General
Assembly
Items on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. It an item is set aside, it will be opened for discussion, followed by a vote.

Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion.

Voting Procedures:

Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote first. If the presiding official cannot determine the outcome a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly.
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2024 Resolutions Packet
2024 Resolution

1. Resolution on Fair and Equal Treatment of All Governmental Officials at All Levels submitted by City of Glendora
• Letters of concurrence submitted by:
i. April A. Verlato, Mayor, City of Arcadia
ii. Robert Gonzales, Mayor, City of Azusa
iii. Tim Hepburn, Mayor, City of La Verne
iv. Bill Uphoff, Mayor, City of Lomita
v. John M. Cruikshank, Mayor, City of Rancho Palos Verdes • Referred to Governance, Transparency, and Labor Relations Policy Committee
• Policy Committee Recommendation:
• Resolutions Committee Recommendation:
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2024 Resolutions Packet
Resolution No. 1: Fair and Equal
Treatment of All Governmental
Officials at All Levels submitted by
City of Glendora
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2024 Resolutions Packet

1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF

CALIFORNIA CITIES CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT LAWS THAT ENSURE THAT “WHAT APPLIES TO ONE, APPLIES TO ALL” IN THE

FAIR AND EQUAL TREATMENT OF ALL GOVERNMENTAL OFFICIALS AT ALL

LEVELS IN THE STATE OF CALIFORNIA
Source: City of Glendora
Concurrence of five or more cities/city officials
City Officials: April A. Verlato, Mayor, City of Arcadia; Robert Gonzales, Mayor, City of Azusa; Tim Hepburn, Mayor, City of La Verne; Bill Uphoff, Mayor, City of Lomita; John M. Cruikshank, Mayor, City of Rancho Palos Verdes
Referred to: Governance, Transparency and Labor Relations Policy Committee
WHEREAS, the General Assembly of the League of California Cities objects to the practice of the California Legislature of imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California; and WHEREAS, examples of such rules or regulations that apply to local city elected officials that do not otherwise apply to the elected officials of the State of California include, but are not limited to:

California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq., which purport to “declare[] that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly,” but which limits its application to “local agencies,” but not including elected officials of the State of California; Creating “one-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”) which purportedly requires all government agencies to consider the environmental consequences of their actions before approving plans and policies or committing to a course of action on a project in order to demolish and then rebuild State offices for the Governor and other State officials; 7 435
2024 Resolutions Packet
Adopting rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”), by removing the exception for local elected officers from contribution limits requiring disqualification on development project decisions,” but not including elected officials of the State of California;
Adopting rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office, including, but not limited to: prohibiting the making a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571; requiring a candidate that has qualified as a committee to establish a separate controlled committee and campaign bank account for each specific office; prohibiting a candidate from redesignating a committee for one election for another election.

WHEREAS, the General Assembly of the League of California Cities now calls upon the Governor and the California Legislature to adopt a policy, practice, and procedure requiring, in their legislative activities, that “what applies to one applies to all.”
NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 18, 2024 in Long Beach, California, that the League calls upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.” 8 436
2024 Resolutions Packet
Resolution No. 1: Letters of
Concurrence
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July 10, 2024
The City Council of Glendora
is proposing the following resolution for consideration at the California League of Cities annual conference
on
October 18, 2024
Proposed Resolution: (“To ensure fairness and equal treatment for all government officials in California”)
“The California State Legislature shall not enact, and the Governor shall not approve, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
The following five city council members are in concurrence with their letters of support (attached):
✓ Mayor John Cruikshank, City of Rancho Palos Verdes
✓ Mayor Bill Uphoff, City of Lomita
✓ Mayor Robert Gonzales, City of Azusa
✓ Mayor April Verlato, City of Arcadia
✓ Mayor Tim Hepburn, City of La Verne
Please confirm receipt of this request.

Sincerely,
Michael Allawos
Council Member
City of Glendora
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2024 Resolutions Packet
Resolution No. 1: Staff Analysis
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League of California Cities Staff Analysis on Resolution No. 1 Staff: Johnnie Pina, Legislative Affairs, Lobbyist
Committee: Governance, Transparency, and Labor Relations Summary:

This Resolution states that the League of California Cities shall call upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
Background:

This resolution states that examples of the California Legislature imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California include, but are not limited to:
• California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq.;
• “One-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”);
• Rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”); and
• Rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office.

Ralph M. Brown Act
The California Attorney General’s (AG) Office defines The Ralph M. Brown Act (Brown Act) as what governs meetings conducted by local legislative bodies, such as boards of supervisors, city councils and school boards. The AG’s office states the Act represents the Legislature’s determination of how the balance should be struck between public access to meetings of multi-member public bodies on the one hand and the need for confidential candor, debate, and information gathering on the other.

The Ralph M. Brown Act governs local agencies, the Bagley-Keene Open Meeting Act covers all state boards and commissions, and Government code 17 445
9027 governs the state Legislature. The California Constitution also mandates open meetings for state agencies, boards, and commissions. Specifically, the Constitution requires that each local agency comply with the Brown Act (Article I, section 3(b)(7)): and that the proceedings of each house of the Legislature be open and public (with exceptions for employment matters; matters affecting security; confer with legal counsel; and to meet as a caucus (Article IV, section 7).

Although fairly detailed requirements apply to state agencies and other state bodies, they do not apply to the Legislature. The Legislature has Constitutional authority to adopt rules for its proceedings that are consistent with the requirement that the proceedings of each house and the committees be open and public.

Another notable difference between the Legislature and a city council is the ability for Legislators to have a caucus to discuss a bill, express how they will vote, and to count votes. This is not allowed under the Brown Act. One other difference is that the laws governing teleconferencing for members of the state Legislature is far less flexible than it is for local bodies. However, state agencies have more flexibility than locals in that regard.

California Environmental Quality Act (“CEQA”)
The Resolution cites the Legislature's action in exempting from CEQA the reconstruction of the State Capitol Annex building. The State Legislature enacted the California Environmental Quality Act (CEQA) in 1970, establishing it as a public disclosure law for the environmental review of discretionary projects and a process for mitigating or avoiding potential environmental impacts.

SB 174 (Committee on Budget and Fiscal Review) Chaptered by Secretary of State. Chapter 74, Statutes of 2024 was signed into law July 2, 2024. This bill exempts the work performed under the State Capitol Building Annex Act of 2016 from the California Environmental Quality Act (CEQA). In this example the Legislature exempted themselves as not being considered a “public agency,” “state agency,” or “lead agency” under CEQA. A lead agency under CEQA is the public agency that has the principal responsibility for carrying out or approving a project that is subject to CEQA.

Over the years, the Legislature has also created many CEQA exceptions and exemptions for local projects involving local agencies as well.

The Political Reform Act (PRA) - Senate Bill No. 1439
SB 1439 (Glazer) Chaptered by Secretary of State. Chapter 848, Statutes of 2022 amends section 84308 and is aimed at preventing "pay-to-play" practices, in part by prohibiting parties, participants, and their respective agents in a 18 446
proceeding involving a license, permit, or other entitlement for use from contributing more than $250 to an officer of an agency during a 12 month period. When the Levine Act was first enacted in 1982, Section 84308 applied to appointed members of boards and commissions who were running for elective office. SB 1439 expended this law to now apply to local elected officials. Since it is focused on permits and licenses, it now applies to State agencies and local agencies that approve permits and licenses. Section 84308 does not apply to the Legislature or the Courts. It is important to note that unlike local governments, neither issue permits and licenses.

The Political Reform Act (PRA) - Assembly Bill No. 571
AB 571 (Mullin) Chaptered by Secretary of State. Chapter 556, Statutes of 2019 established default campaign contribution limits for county and city office at the same level as the limit on contributions from individuals to candidates for Senate and Assembly, effective January 1, 2021. This bill permitted a county or city to establish its own contribution limits, which would prevail over these default limits.

The Resolution cites AB 571 as an example of treating cities differently than the State. The Fair Political Practices Commission clarifies in their AB 571 fact sheet that under AB 571 a city may elect to have "no" contribution limit in which case the state contribution limit will not apply as a default for that jurisdiction. A city or county can set contribution limits higher than the default state limit, AB 571 sets a default in line with contributions Assembly Members and Senators if a city or county is silent on contribution limits.

Fiscal Impact:

Unknown.

Existing Cal Cities Policy:

Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

We Believe:
• Local self-governance is the cornerstone of democracy. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility. The spirit of honest public service is what builds communities.
• Open decision-making that is of the highest ethical standards honors the public trust.
• The vitality of cities is dependent upon their fiscal stability and local autonomy. The active participation of all city officials increases Cal Cities’ effectiveness.
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• Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.

Comments:

Additional Examples
The Legislature has passed and the Governor has signed many laws that apply to local governments and do not apply to the state or the state Legislature. This year AB 2561(McKinnor) was introduced, which requires local governments to present in a public meeting a detailed report about their vacancy rates and detailed information about their hiring practices. This is an attempt to address public sector vacancy rates. This bill does not apply to the state in a time when they are also dealing with high vacancy rates.

Additionally, there were several bills that aim to amend the Levine Act, which now applies to local elected officials, to make changes to SB 1439, referenced previously in the analysis. None of the bills would amend the law to be applicable to Assembly Members or Senators.

AB 817 (Pacheco), co-sponsored by Cal Cities tried to bring parity to the Brown Act by making the teleconference rules for state advisory bodies the same for local advisory bodies but the Legislature struck the bill down.

Applying to elected officials or to the legislative body? Legislature or the State? The resolution also states, “… applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate.”
This portion of the resolve clause is specifically speaking to local elected officials and State Assembly Members and Senators. However, many of the “where as” clauses are in reference to laws that apply to cities, the state and the Legislature as government agencies and not specifically to the elected officials on the governing bodies. For example, the Brown Act applies rules to the Legislative body and not the individual council member. Additionally, the city council as a whole is the lead agency under CEQA and not the individual council members.

Inherent Powers of the Legislative Branch
The resolution also states, “This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
It is unclear what inherent powers of the legislate branch under the California Constitution means in this context. The legislative branch does have the power 20 448
of preemption over cities and can state that a change in law is a matter of state wide concern. This allows the legislative branch to apply new laws or amend existing laws to apply to general law and charter cities. It seems like the last sentence of the resolve clause could negate the rest of the resolve clause if not clarified.

Support:

The following letters of concurrence were received:

April A. Verlato, Mayor, City of Arcadia
Robert Gonzales, Mayor, City of Azusa
Tim Hepburn, Mayor, City of La Verne
Bill Uphoff, Mayor, City of Lomita
John M. Cruikshank, Mayor, City of Rancho Palos Verdes
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Palm Desert City CouncilSeptember 12, 2024

Palm Desert City Council
September 12, 2024