PALM DESERT CITY COUNCIL
MEETING AGENDA
Thursday, September 12, 2024
Closed Session 3:15 p.m.; Regular Session 4:00 p.m.
Council Chamber, City Hall
73-510 Fred Waring Drive
Palm Desert, California
This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority and the Palm Desert Board of Library Trustees. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person, and up to two Councilmembers may attend remotely.
WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website:
www.palmdesert.gov under the “Council Agenda” link at the top of the homepage, or on the City's YouTube Channel.
OPTIONS FOR PARTICIPATING IN THIS MEETING:
If unable to attend the meeting in person, you may choose from the following options:
OPTION 1: VIA EMAIL
Send your comments by email to: [email protected].
Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the record and distributed to the City Council. Emails will not be read aloud at the meeting.
OPTION 2: LIVE VIA ZOOM
Access via palmdesert.gov/zoom or zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572.
1. OPTION 3: LIVE VIA TELEPHONE
1. (213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #.
2. Indicate that you are a participant by pressing # to continue.
During the meeting, press *9 to add yourself to the queue and wait for the City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes.
3. Pages
1. CALL TO ORDER - CLOSED SESSION - 3:15 P.M.
2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the threeminute time limit. Speakers may utilize one of the three options listed on the first page of this agenda.
3. RECESS TO CLOSED SESSION
4. CLOSED SESSION AGENDA
The following items will be considered in closed session:
4.a Closed Session Meeting Minutes: August 22, 2024
4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8
4.b.1 Property Description: Portola Community Center, 45480 Portola Avenue Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: N/A
Under Negotiation: Price and Terms
4.b.2 Property Description: 72-567 Highway 111
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: Artists Council
Under Negotiation: Price and Terms
5. ROLL CALL - REGULAR MEETING - 4:00 P.M.
6. PLEDGE OF ALLEGIANCE
Councilmember Kelly
7. INSPIRATION
Mayor Quintanilla
8. REPORT OF CLOSED SESSION
City Attorney Shah
9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
10. CITY MANAGER COMMENTS
11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION City Council Meeting Agenda
September 12, 2024
2 12. NONAGENDA PUBLIC COMMENTS 11
This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the first page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting.
13. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion.
RECOMMENDATION:
To approve the consent calendar as presented.
13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND
HOUSING AUTHORITY MINUTES
19 RECOMMENDATION:
Approve the Minutes of July 18, 2024, and August 22, 2024.
13.b APPROVAL OF WARRANT REGISTERS 41
RECOMMENDATION:
Approve the warrant registers issued for the period 8/15/2024 to 8/26/2024.
13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE
LICENSES
71 RECOMMENDATION:
Receive and file applications for Alcoholic Beverage Licenses for:
1. Palm Desert Local Mart, Inc., - 45200 Avenue 321, Palm Desert Petrie and Friends, LLC (Black Cat Pizza) - 72795 HWY 111 Suite G2, Palm Desert
2. La Quinta Brewing Company, LLC (La Quinta Brewing Co) - 747147 Technology Drive, Palm Desert
3. The Cheese Shop on El Paseo - 73280 El Paseo Suite 1, Palm Desert
4. Shake Shack California, LLC (Shake Shack #1529) - 73199 El Paseo Suite A, Palm Desert
5. APalmDesert, LLC (Dennys 9377) - 42455 Washington Street, Palm Desert
6. City Council Meeting Agenda
September 12, 2024
3 13.d 2024 CONFLICT OF INTEREST CODE BIENNIAL NOTICE PURSUANT
TO THE POLITICAL REFORM ACT
95 RECOMMENDATION:
1. Receive and file the 2024 Local Agency Biennial Notice.
Direct staff to promulgate the necessary amendments and return to the City Council in December 2024 for adoption pursuant to the Political Reform Act.
2. 13.e APPROVE AN EXCLUSIVE NEGOTIATION AGREEMENT WITH KAM SANG COMPANIES, INC., FOR SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY PROPERTIES LOCATED AT DESERT
WILLOW GOLF RESORT
99 RECOMMENDATION:
Approve an Exclusive Negotiation Agreement (ENA) with Kam Sang Company, Inc., for acquisition of Lots C and D at Desert Willow Golf Resort.
1. Authorize the City Attorney to make any necessary nonmonetary changes to the ENA.
2. Authorize the City Manager to execute the ENA and any other documents necessary to effectuate this action.
3. 13.f APPROVE CHANGE ORDER NO. 3 FOR CONTRACT NO. C44200B TO AMERICAN LANDSCAPE, INC., OF CANOGA PARK, CALIFORNIA, FOR
THE GREENS/TEE BOX RENOVATION AND TURF REDUCTION AT
DESERT WILLOW GOLF RESORT (PROJECT NO. MLS00005)
127
RECOMMENDATION:
Approve Change Order No. 3 to Contract No. C44200B with American Landscape, Inc., of Canoga Park, California, for the Firecliff Golf Course Greens/Tee Box Renovations and Turf Reduction at Desert Willow Golf Resort (DWGR) in the amount of $395,901, plus a $40,000 contingency.
1. Appropriate $443,570 from the unobligated Desert Willow Capital Fund Balance to Account No. 4414195-4809200, DWGR Capital.
2. Authorize the City Attorney to make any necessary non-monetary changes to the change order.
3. Authorize the City Manager to execute the change order and to approve additional written contract change orders requests up to the contingency amount per Section 3.30.170 of the Palm Desert Municipal Code.
4. Authorize the City Manager to execute the Notice of Completion (NOC) and authorize the City Clerk to file the NOC upon satisfactory completion of the project.
5. City Council Meeting Agenda
September 12, 2024
4 13.g APPROVE CHANGE ORDER NO. 1 TO CONTRACT NO. C44470 WITH THE CHRISTMAS KINGS, INC., DBA SOUTHERN CALIFORNIA
LIGHTING, INC., FOR ADDITIONAL SEASONAL LIGHTING (PROJECT NO. MLS00033)
157
RECOMMENDATION:
Approve Change Order No. 1 to Contract No. C44470 with The Christmas Kings, Inc., dba Southern California Lighting, Inc., of Lake Elsinore, California, in the cumulative amount of $122,000, plus an annual contingency amount of $50,000 for additional areas.
1. Authorize extra work in the annual amount of $25,000 for unforeseen conditions and repairs.
2. Authorize the City Manager to execute the agreement, change orders, amendments, and any other documents necessary to effectuate these actions.
3. 13.h APPROVE THE PURCHASE OF ONE 580 SN BACKHOE FROM
SONSRAY MACHINERY
203
RECOMMENDATION:
Approve the purchase of a 580 SN BACKHOE from Sonsray
Machinery in the amount of $154,264.73, plus $5,000 in
contingency for unforeseen costs.
1. Authorize the City Manager to execute all documents necessary to effectuate this action.
2. 13.i AUTHORIZE THE PURCHASE OF BENCH AND WASTE BIN
REPLACEMENTS FOR EL PASEO FROM OUTDOOR CREATIONS, INC.
(CONTRACT NO. C48230)
209
RECOMMENDATION:
Authorize the purchase of bench and waste bin replacements for El Paseo from Outdoor Creations, Inc., in the amount of $212,095.10. (Contract No. C48230)
1. Authorize appropriation in the total amount of $212,095.10 from Reallocated Capital Improvement Bond Proceed Funds to Account Number 4514679-5000102.
2. Authorize the City Attorney to make necessary nonmonetary changes to the agreement.
3. Authorize the City Manager to execute the agreement and any other documents necessary to effectuate this action.
4. City Council Meeting Agenda
September 12, 2024
5 13.j AWARD CONTRACT NO. C47810 TO SUPERB ENGINEERING, INC.,
FOR THE DESERT WILLOW PERIMETER LANDSCAPE AND LIGHTING
REHABILITATION PHASE 3 (PROJECT NO. CLS00001)
233
RECOMMENDATION:
Award Contract No. C47810 to Superb Engineering, Inc., of Banning, California, in the amount of $1,031,528.03, plus a $200,000 contingency, for the Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3.
1. Authorize the City Attorney to make necessary nonmonetary changes to the contract.
2. Authorize the City Manager to execute the contract and any written requests for change orders, amendments, and any other
documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.
3. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project.
4. 13.k AMENDMENT NO. 4 TO CONTRACT NO. C28880 WITH BEST BEST &
KRIEGER LLP FOR CITY ATTORNEY SERVICES, EXTENDING THE
TERM TO AUGUST 31, 2025
293
RECOMMENDATION:
Approve Amendment No. 4 to Contract No. C28880 with Best Best & Krieger LLP for City Attorney Services, extending the term to August 31, 2025.
1. Authorize the City Attorney to make necessary nonmonetary changes to the Agreement.
2. 3. Authorize the Mayor to execute the Agreement.
13.l CONSIDERATION TO APPROVE CONSTRUCTION OF A NEW BREEZE BLOCK GARDEN WALL EXHIBIT AT 72861 EL PASEO
311
RECOMMENDATION:
Approve construction of a new breeze block garden wall exhibit at a cityowned property at 72861 El Paseo.
13.m RATIFY A LETTER OF SUPPORT TO THE U.S. DEPARTMENT OF
TRANSPORTATION FOR THE COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS’ ACCESS INDIAN CANYON DRIVE PROJECT
353
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.
City Council Meeting Agenda
September 12, 2024
6 13.n RECEIVE AND FILE INFORMATIONAL REPORT ON ROAD CLOSURES
SCHEDULED TO OCCUR ON EL PASEO ASSOCIATED WITH FISCAL
YEAR 2024-25 ROUTINE SPECIAL EVENTS
357
RECOMMENDATION:
Receive and file informational report on road closures scheduled to occur on El Paseo associated with Fiscal Year 2024-25 routine special events:
Desert Cancer Foundation’s Paint El Paseo Pink – October 19, 2024
1. Palm Desert Area Chamber of Commerce’s Golf Cart Parade – October 27, 2024
2. Martha’s Village and Kitchen’s Thanksgiving 5K – November 28, 2024
3. Palm Desert Charter Middle School Foundation’s Panther 5K – January 26, 2025
4. 13.o RECOGNITION OF SERVICE AND AUTOMATIC REMOVAL OF SUSAN
STAUBER FROM THE EL PASEO PARKING & BUSINESS
IMPROVEMENT DISTRICT BOARD OF DIRECTORS
359
RECOMMENDATION:
Thank Susan Stauber for her many years of service on the El Paseo Parking & Business Improvement District (EPPBID) Board of Directors.
1. Acknowledge the automatic removal of Susan Stauber from the EPPBID Board of Directors in accordance with Palm Desert Municipal Code Section 3.40.070(F).
2. 13.p RESOLUTION NO. 2024-068: SUPPORT FOR PROPOSITION 36,
MODIFYING EXISTING LAWS RELATED TO PUNISHMENT OF THEFT
AND DRUG CRIMES
367
RECOMMENDATION:
Adopt Resolution No. 2024-068 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.”
City Council Meeting Agenda
September 12, 2024
7 13.q AWARD CONTRACT NO. C48320 TO UNITED STORM WATER INC.,
FOR THE ON-CALL CATCH BASIN AND DRAIN CLEANING PROGRAM
(PROJECT NO. MDR00004)
375
RECOMMENDATION:
Award Contract No. C48320 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.
1. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
2. 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.
3. 13.r AMEND ELECTRONIC PAYMENT POLICY ALLOWING CONVENIENCE
FEES TO BE PAID BY CUSTOMER
423
RECOMMENDATION:
Amend the Electronic Payment Policy (Policy FIN-001) allowing convenience fees to be paid by customer.
14. ACTION CALENDAR
The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the three options listed on the first page of the agenda.
14.a DIRECTION ON A RESOLUTION BEING CONSIDERED AT THE
LEAGUE OF CALIFORNIA CITIES’ GENERAL ASSEMBLY MEETING
425
RECOMMENDATION:
Provide direction on whether to support or oppose the resolution proposed for the upcoming League of California Cities’ General Assembly Meeting.
14.b APPOINTMENTS TO AN AD HOC CITY COUNCIL SUBCOMMITTEE ON
THE UNIFIED DEVELOPMENT CODE
451
RECOMMENDATION:
Appoint two members of the City Council to an Ad Hoc Subcommittee on the Unified Development Code.
City Council Meeting Agenda
September 12, 2024
8 14.c CONSIDERATION OF A SPONSORSHIP REQUEST FOR THE TOUR DE
PALM SPRINGS IN COACHELLA VALLEY
453
RECOMMENDATION:
Approve a community event sponsorship in the amount of $30,000 payable to CVSPIN, Inc., for the 2025 Tour de Palm Springs in Coachella Valley charity bicycle ride and walk.
1. Approve waiver of permit fees associated with event in an amount not to exceed $800.
2. Appropriate $30,000 from the Unobligated General Fund Reserve for this purpose to Account No. 1104800-4306201.
3. 15. PUBLIC HEARINGS
None.
16. INFORMATION ITEMS
None.
17. ADJOURNMENT
City Council Meeting Agenda
September 12, 2024
9 18. PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov by clicking “Council Agenda” at the top of the page.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible.
AFFIDAVIT OF POSTING
I, Níamh M. Ortega, Assistant City Clerk of the City of Palm Desert, do hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and Housing Authority, was posted on the City Hall bulletin board and City website www.palmdesert.gov no less than 72 hours prior to the meeting.
/S/ Níamh M. Ortega, CMC
Assistant City Clerk
City Council Meeting Agenda
September 12, 2024
10 From: City Hall Mail
To: Níamh Ortega
Cc: Anthony Mejia
Subject: FW: We Stand With Mayor Quintanilla
Date: Thursday, September 5, 2024 7:41:13 AM
Attachments: image.png
From: Maliha Williamson
Sent: Wednesday, September 4, 2024 9:15 PM
To: City Hall Mail <[email protected]>
Subject: We Stand With Mayor Quintanilla
To Whom It May Concern,
We are writing in strong support of Mayor Quintanilla and we strongly condemn the recent attacks on her and her integrity.
Mayor Quintanilla has an exemplary record of staying engaged with her community and in uplifting and creating pathways for people to attain higher education and have access to quality healthcare. It is disheartening to hear the attacks against her, specifically the death threats.
This is not something to be taken lightly.
And, the City of Palm Desert needs to do better in stepping up and being more vocal about protecting their elected officials, against all threats.
With Regards,
Maliha Williamson
President of Riverside County NOW (National Org. for Women) (951) 768-9885
11 From: City Hall Mail
To: Níamh Ortega
Cc: Anthony Mejia
Subject: FW: Death Threats against Mayor Quintanilla
Date: Thursday, September 5, 2024 7:41:42 AM
From: Cassandra Madison
Sent: Wednesday, September 4, 2024 10:18 PM
To: City Hall Mail <[email protected]>
Subject: Death Threats against Mayor Quintanilla
To Whom It May Concern,
We are writing in strong support of Mayor Quintanilla and we strongly condemn the recent attacks on her and her
integrity.
Mayor Quintanilla has an exemplary record of staying engaged with her community and in uplifting and creating pathways for people to attain higher education and have access to quality healthcare. It is disheartening to hear the attacks against her, specifically the death threats.
This is not something to be taken lightly. And, the City of Palm Desert needs to do better in stepping up and being more vocal about protecting their elected officials against all threats.
We urge the City of Palm Desert to take immediate action to address these threats and ensure the safety and well-being of Mayor Quintanilla.
12 13
From: City Hall Mail
To: Níamh Ortega
Cc: Anthony Mejia
Subject: FW: Mayor Quintanilla
Date: Monday, September 9, 2024 8:07:38 AM
From: Lisa Marquise
Sent: Friday, September 6, 2024 10:44 PM
To: City Hall Mail <[email protected]>
Subject: Mayor Quintanilla
To Whom It May Concern,
I support Mayor Quintanilla. The negative attacks and threats made against her are unacceptable and action must be taken.
She’s a community leader, who’s helped people get access to healthcare, and education.
I personally find the death threats especially troubling. Nobody should be expected to live in fear, and perpetrators who intend to pressure our public servants, or even do worse harm, shouldn’t be rewarded with anything less than a strong response from our City officials.
Please take action to protect her.
Lisa Marquise
14 From: Erika Castellano
To: Níamh Ortega
Cc: Anthony Mejia
Subject: Andi Denney - 2024-09-10
Date: Tuesday, September 10, 2024 11:45:40 AM
Attachments: civicacademy 405e0822-c73e-4284-8aa3-2db49044ae45.png Andi Denney - 2024-09-10.pdf
Hi Niamh,
This letter was received at City Hall.
Thank you,
Erika Castellano
Management Specialist
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6315 | www.palmdesert.gov Non-Agenda Public Comment 2-1
15 Non-Agenda Public Comment 2-2
16 Non-Agenda Public Comment 2-3
17 From: Keith Coleman
To: CouncilMeeting Comments
Subject: Mayor Quintanilla
Date: Wednesday, September 11, 2024 11:32:15 AM
I stand with the Mayor for her right to free speech. And I heartily agree with her comment. A one-sided political souvenir store makes El Paseo look trashy. What kind of people are you attracting or turning away? You should have learned that lesson with Denise Roberge and her hate-filled, crazed shop window.
She does not need to feel threatened in her position and nobody should be carrying a gun during any city function.
Keith Coleman.
Non-Agenda Public Comment 2-4
18 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Regular Meeting Minutes
July 18, 2024, 3:00 p.m.
Present: Mayor Karina Quintanilla, Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Evan Trubee
Absent: Councilmember Gina Nestande
1. CALL TO ORDER
A Special Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, July 18, 2024, at 3:00 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.
2. ROLL CALL
3. ACTION CALENDAR
3.a ADOPTION OF A RESOLUTION NO. 2024-057 AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2024-25
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Adopt Resolution No. 2024-057 entitled “RESOLUTION OF THE CITY OF PALM
DESERT, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2024-25.”
Motion Carried (4 to 0)
3.b ADOPTION OF A RESOLUTION NO. 2024-058 AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2024-25
Motion by: Mayor Pro Tem Harnik
Seconded by: Councilmember Trubee
Adopt a Resolution No. 2024-058 entitled “A RESOLUTION OF THE CITY OF
PALM DESERT, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2024-25.”
Motion Carried (4 to 0)
19 Palm Desert City Council Special Meeting Minutes
July 18, 2024
2 4. ADJOURNMENT
The City Council adjourned at 3:03 p.m.
Respectfully submitted,
_________________________
Níamh M. Ortega, CMC
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
20 1
Study Session of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Minutes
August 22, 2024, 2:45 p.m.
Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee, Mayor Karina Quintanilla
1. CALL TO ORDER - STUDY SESSION
A Study Session of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, August 22, 2024, at 2:49 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.
2. STUDY SESSION TOPICS
2.a STUDY SESSION: PROPOSED TEXT AMENDMENTS TO PALM DESERT MUNICIPAL CODE CHAPTER 8.36, REGULATION AND PROHIBITION OF
SMOKING
Development Services Director Cannone narrated a PowerPoint presentation and responded to City Council inquiries.
2.b STUDY SESSION: REGULATIONS FOR EXTERIOR LIGHTING AND
ILLUMINATION ON COMMERCIAL BUILDINGS
Scott Burke, Palm Desert business owner, shared his position on his property's compliance with the current ordinance, and requested clarification on the proposed changes to the ordinance.
Principal Planner Flores narrated a PowerPoint presentation and responded to City Council inquiries.
3. ADJOURNMENT
The City Council adjourned the Study Session at 3:31 p.m.
Respectfully submitted,
_________________________
Níamh M. Ortega, CMC
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
21 22
Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Regular Meeting Minutes
August 22, 2024, 3:15 p.m.
Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee, Mayor Karina Quintanilla
1. CALL TO ORDER - CLOSED SESSION - 3:15 P.M.
A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, August 22, 2024, at 3:31 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.
2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
None.
3. RECESS TO CLOSED SESSION
Mayor Quintanilla adjourned to Closed Session at 3:32 p.m.
4. CLOSED SESSION AGENDA
The following items were considered in closed session:
4.a Closed Session Meeting Minutes: July 11, 2024
4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8
4.b.1 Property Description: Approximately 30+ acres of undeveloped land near the intersection of Desert Willow Drive and Willow Ridge
4.c Public Employee Performance Evaluation pursuant to Government Code Section 54957
5. ROLL CALL - REGULAR MEETING
Mayor Quintanilla reconvened the regular meeting at 4:06 p.m.
6. PLEDGE OF ALLEGIANCE
Mayor Quintanilla led the Pledge of Allegiance.
7. INSPIRATION
Mayor Pro Tem Harnik provided words of inspiration.
23 Palm Desert City Council Meeting Minutes
August 22, 2024
2 8. REPORT OF CLOSED SESSION
City Clerk Mejia noted that the City Council directed staff to prepare a one-year extension to the contract with Best, Best & Krieger, LLP, to provide legal services. The contract will be presented to the City Council for consideration at the next regular City Council meeting.
9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
9.a PROCLAMATION: FIND FOOD BANK - HUNGER ACTION MONTH
Mayor Quintanilla presented a proclamation to FIND Food Bank.
9.b PRESENTATION: FASHION WEEK FOOD & WINE RECAP - PALM SPRINGS LIFE
City Clerk Mejia displayed video presentations summarizing the Fashion Week and Food & Wine events. Palm Springs Life representative Paulina Larson provided a verbal update on the events, and responded to City Council inquiries.
9.c UPDATE: PALM DESERT IHUB
California State University San Bernardino - School of Entrepreneurship Development Director Dr. Ezequiel Bonillas narrated a PowerPoint presentation and responded to City Council inquiries.
10. CITY MANAGER COMMENTS
10.a SHERIFF DEPARTMENT UPDATE
Lt. Porras provided an update and responded to City Council inquiries.
11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION The City Council reported on their attendance at various meetings and events.
12. NONAGENDA PUBLIC COMMENTS
The following individuals expressed their disappointment regarding Mayor Quintanilla's August 10, 2024, Facebook post regarding the Patriot Store on El Paseo, and called upon her to apologize and/or resign:
• Mike Morsch
• Terry Krogen
• John Newcaster
• Sandra Schultz
• Velma Hagar
• Thomas V. Bruno
• Karen Van Der Ahe
• Dan Flores
• Lin Russo
• Mary CH
• Storm Jenkins
• Ruth Hill
24 Palm Desert City Council Meeting Minutes
August 22, 2024
3 Susie Houser, noted the Mayor's right to free speech, and requested the City make a statement noting the Mayor's remarks do not represent the views of the City Council as a whole.
Miguel Sanchez, expressed his opposition to extremism, division, and the Patriot Store, and opined that patriotism is inclusive.
Mike Piontkowski, Palm Desert resident, voiced his concerns relative to Monterey Country Club traffic signal.
Lin Russo, expressed concern regarding the amount of housing construction in the area of Gerald Ford and Portola Avenue.
Thomas Franke, Development Director at the Inland Empire's Ronald McDonald House, shared information about their facility and families that they are able to assist.
Anne Piller, Ronald McDonald House Chairman of the Board, invited the City Council and the public to their gala to be held September 27, 2024.
Jim Wilk, Monarch Technologies owner, shared information about his banking and payment processing system for cannabis businesses.
13. CONSENT CALENDAR
Clerk's Note: The calendar attachment to Item 13.e incorrectly noted August 21, 2025, as a regular City Council meeting date. The adopted meeting schedule has been revised to reflect the corrected date of August 28, 2025.
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
To approve the consent calendar, excluding Items a, b, j, and t.
Motion Carried (5 to 0)
13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE
LICENSES
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Received and file application for alcoholic beverage license for:
Eat Wonder, LLC 74275 Hwy 111, Palm Desert, California 92260-4117 Motion Carried
25 Palm Desert City Council Meeting Minutes
August 22, 2024
4 13.d ACCEPT CONTRACT No. C43210 FOR CONSTRUCTION OF THE CIVIC
CENTER PARK FITNESS, SHADE AND FURNISHINGS IMPROVEMENTS AS
COMPLETE
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Accept Contract No. C43210 with PS Commercial Play, Inc., for the Civic Center Park Fitness, Shade and Furnishings Improvements Project as complete.
2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion.
Motion Carried
13.e RESOLUTION NO. 2024-059 SETTING THE CITY COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR 2025
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Adopt Resolution No. 2024-059 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING THE CITY
COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR
2025.”
Motion Carried
13.f RESOLUTION NO. 2024-060 APPROVING THE LIBRARY SERVICES’
INTERNET USE AND PROHIBITION ON YOUTH BULLYING POLICIES Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Adopt Resolution No. 2024-060 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING LIBRARY SERVICES’ INTERNET USE AND PROHIBITION ON YOUTH BULLYING POLICIES.”
Motion Carried
26 Palm Desert City Council Meeting Minutes
August 22, 2024
5 13.g APPROVE THE PURCHASE OF TWO SCULPTURES FROM THE 2023/24 EL PASEO SCULPTURE EXHIBITION (CONTRACT NOS. C48210 AND C48220) Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Approve the purchase of The Seeker (Contract No. C48210) by Delos Van Earl in the amount of $12,000, and SWIRLY GIRL (Female Superhero) (Contract No. C48220) by Karen & Tony Barone in the amount of $17,700 from the 2023/24 El Paseo Sculpture Exhibition for inclusion in the City of Palm Desert’s permanent public art collection.
2. Authorize the City Attorney to make necessary nonmonetary changes to the agreements.
3. Authorize the City Manager to execute the agreement and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.
Motion Carried
13.h APPROVE THE PURCHASE OF 19 TRAFFIC SIGNAL CABINETS FOR TRAFFIC SIGNAL HARDWARE UPGRADES (PROJECT NO. MTS00003) Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Approve the purchase of 19 traffic signal cabinets for Traffic Signal Hardware Upgrades to Econolite Control Products, Inc., in the amount of $381,718.67.
2. Authorize the City Manager to execute all documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.
Motion Carried
13.i APPROVE THE RELOCATION OF RECYCLE BY JOHN BRANSTETTER Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Approve the relocation of Recycle sculpture by John Branstetter, currently located on El Paseo, to the Burrtec Waste Management Recycle Center on Corporate Way.
Motion Carried
27 Palm Desert City Council Meeting Minutes
August 22, 2024
6 13.k AUTHORIZE OUT-OF-STATE TRAVEL FOR TWO PROJECT MANAGERS TO
ATTEND THE AMERICAN PUBLIC WORKS ASSOCIATION CONFERENCE IN
ATLANTA, GEORGIA
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Authorize out-of-state travel for two project managers to attend the American Public Works Association Conference on September 8 -11, 2024, in Atlanta, Georgia.
Motion Carried
13.l RESOLUTION NO. 2024-061 TO AUTHORIZE DESTRUCTION OF OBSOLETE
RECORDS FROM DEVELOPMENT SERVICES DEPARTMENT, CODE
COMPLIANCE DIVISION
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Adopt Resolution No. 2024-061 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH
ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER
RECORDS FROM THE DEVELOPMENT SERVICES – CODE COMPLIANCE
DIVISION, AS INDICATED ON THE RECORDS RETENTION SCHEDULE (ADOPTED DECEMBER 15, 2022); RECORDS FROM 2017 THROUGH 2019 (EXHIBIT A).”
Motion Carried
13.m FIRST AMENDMENT TO GERALD FORD APARTMENTS, LP HOUSING AGREEMENT TO DELINEATE THE NUMBER OF 2-BEDROOM AND 3-
BEDROOM UNITS
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Approve Amendment No. 1 by and between the City of Palm Desert and Gerald Ford Apartments, a California Limited Partnership (“Owner”), in accordance with the conditions of approval of the development of 150 units known as Gerald Ford Apartments, a multifamily rental housing projected located at 75580 Gerald Ford Drive, Palm Desert, California (“Project”).
2. Authorize the Mayor and/or City Manager to execute Amendment No. 1 and authorize the City Clerk to record Amendment No. 1.
Motion Carried
28 Palm Desert City Council Meeting Minutes
August 22, 2024
7 13.n AWARD CONTRACT NO. C47800 TO PAVEWEST, INC., FOR THE PARKING LOT REHABILITATION AND MAINTENANCE PROGRAM (PROJECT NO.
MPL00002)
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Award Contract No. C47800 to PaveWest, Inc., for the Parking Lot Rehabilitation and Maintenance Program in an amount not to exceed $368,000 for the first year and $500,000 annually thereafter for a one-year term with four one-year extensions.
2. Appropriate $97,742 from Presidents’ Plaza III – Parking Lot Maintenance Reserve Fund to Account No. 2824373-4332100.
3. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
4. 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.
Motion Carried
13.o RESOLUTION NO. 2024-062 APPROVING ADMINISTRATIVE POLICY
REGARDING THE USE OF OTHER POWER-DRIVEN MOBILITY DEVICES Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Adopt Resolution No. 2024-062 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING ADMINISTRATIVE POLICY REGARDING THE USE OF OTHER POWERDRIVEN MOBILITY DEVICES.” Motion Carried
13.p OUT-OF-STATE TRAVEL FOR THE PUBLIC AFFAIRS MANAGER TO ATTEND
THE LAS VEGAS SOUVENIR & RESORT GIFT SHOW
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Approve out-of-state travel for the Public Affairs Manager to attend the Las Vegas Souvenir & Resort Gift Show from September 17-20, 2024.
Motion Carried
29 Palm Desert City Council Meeting Minutes
August 22, 2024
8 13.q APPOINTMENTS TO THE MOBILE HOME PARK RENT REVIEW BOARD Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Appoint Jann Buller, Andrew Firestine, and John Greenwood to the Mobile Home Park Rent Review Board for a one-year term, ending June 30, 2025.
Motion Carried
13.r RESOLUTION NO. 2024-063 DESIGNATING AUTHORIZED AGENTS FOR
APPLYING FOR THE YOUTH COMMUNITY ACCESS GRANT
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Adopt Resolution No. 2024-063 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING THE
CITY MANAGER, ASSISTANT CITY MANAGER, AND CITY TREASURER AS
AUTHORIZED AGENTS APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE YOUTH COMMUNITY ACCESS GRANT PROGRAM.”
Motion Carried
13.s ORDINANCE NO. 1416 TO AMEND MULTIPLE SECTIONS OF TITLE 25 OF
THE PALM DESERT MUNICIPAL CODE AND FINDING THE ACTION EXEMPT
PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Adopt Ordinance No. 1416 entitled, “AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT FOR SECTIONS 25.16.030, 25.18.040, 25.28.070,
25.34.120, 25.68.020, AND 25.99.020 OF PALM DESERT MUNICIPAL CODE TITLE 25 AND MAKING A FINDING THAT THE ACTION IS EXEMPT FROM
FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”
Motion Carried
30 Palm Desert City Council Meeting Minutes
August 22, 2024
9 13.u AWARD CONTRACT C47630 TO ECONOLITE SYSTEMS, INC. OF ANAHEIM,
CALIFORNIA, FOR THE TRAFFIC SIGNAL HARDWARE UPGRADES
(PROJECT NO. MTS00003)
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Award Contract No. C47630 to Econolite Systems, Inc., of Anaheim, California, for the Traffic Signal Hardware Upgrades in the amount of $211,487.75, plus a contingency of $30,000 for unforeseen conditions.
2. Authorize the City Manager to execute the agreement and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.
3. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project.
Motion Carried
13.v RESOLUTION NO. 2024-065 AMENDING THE PET REIMBURSEMENT
POLICY TO INCLUDE MICROCHIPPING AND INCREASE THE
REIMBURSEMENT AMOUNT FOR SPAYING AND NEUTERING
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Adopt Resolution No. 2024-065 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE PET REIMBURSEMENT POLICY FOR THE CITY OF PALM DESERT.”
Motion Carried
13.w ACCEPT CONTRACT NO. C46270 FOR CONSTRUCTION OF THE PALM
DESERT AQUATIC CENTER AND FREEDOM PARK SHADE
IMPROVEMENTS AS COMPLETE AND AUTHORIZE THE CITY CLERK TO
FILE THE NOTICE OF COMPLETION
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Accept Contract No. C46270 with USA Shade and Fabric Structures (USA Shade) for the Palm Desert Aquatic Center and Freedom Park Shade Improvements Project as complete.
2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion.
Motion Carried
31 Palm Desert City Council Meeting Minutes
August 22, 2024
10 13.x REDUCTION OF THE SUBDIVISION FAITHFUL PERFORMANCE BOND, AND
RELEASE OF THE SURVEY MONUMENTS BOND, AND THE ROUGH
GRADING BOND FOR TRACT MAP NO. 37506-2, UNIVERSITY PARK PHASE II
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Authorize the City Engineer to reduce Subdivision Faithful Performance Bond No. 800134560 for Tract Map No. 37506-2 to $1,462,430.
2. Authorize the City Engineer to release Survey Monuments Bond No. 800134560 for Tract Map No. 37506-2.
3. Authorize the City Engineer to release Grading Bond No. 800134559 for Tract Map No. 37506-2.
Motion Carried
13.y AWARD CONTRACT C47860 TO ALL AMERICAN ASPHALT FOR THE
HAYSTACK ROAD TRAFFIC CALMING AND SAFETY IMPROVEMENTS
PROJECT, PROJECT NO. CST00006
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Award a Contract C47860 with All American Asphalt, of Corona, CA, in the amount of $551,177, plus a 10% contingency, for the Haystack Road Traffic Calming and Safety Improvements Project, Project No. CST00006.
2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement.
3. Authorize the City Manager to execute the agreement and any written requests for change orders up to contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.
4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory project completion.
Motion Carried
32 Palm Desert City Council Meeting Minutes
August 22, 2024
11 13.z AWARD CONTRACT C47830 TO GRANITE CONSTRUCTION COMPANY FOR THE PD LINK PHASE 2 PROJECT, PROJECT NO. CST00005
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Award Contract C47830 with Granite Construction Company of Indio, CA, in the amount of $1,166,000, plus a 10% contingency, for the PD Link Phase 2 Project, Project No. CST00005.
2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement.
3. Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.
4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory project completion.
Motion Carried
13.aa AWARD CONTRACT NO. 48240 FOR THE ON-CALL CITYWIDE ADA CURB
RAMP MODIFICATIONS AND SIDEWALK REPLACEMENT PROGRAM
(PROJECT NO. MST00013)
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Award Contract No. C48240 to We R Builders, Inc., for the On-Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program in an annual amount not to exceed $600,000, for a three-year term with the option of 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 to review and approve written contract amendment requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code.
Motion Carried
33 Palm Desert City Council Meeting Minutes
August 22, 2024
12 13.ab REVISE FISCAL YEAR 2024-25 ALLOCATION OF PERMANENT LOCAL
HOUSING ALLOCATION PROGRAM FUNDS PURSUANT TO CONDITIONAL AWARD LETTER IN THE AMOUNT OF $439,873
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Authorize Director of Finance to reduce Fiscal Year 2024-25 Permanent Local Housing Allocation (PLHA) Grant Revenue Account No. 2250000- 3340000 in the amount of $521,016, to reflect revised award in the amount of $439,873.
2. Authorize Director of Finance to reduce PLHA Transfer Out Account No. 2254199-4501000 to General Fund Account No. 1100000-3910000 in the amount of $165,000 for a restated Transfer Out from PLHA of $100,000 in accordance with revised award from PLHA.
3. Authorize Director of Finance to increase PLHA Transfer Out Account No. 2254199-4501000 to General Fund Account No. 1100000-391000 in the amount of $141,873 to reimburse costs associated with prior year FY 2023-24 expenditures.
Motion Carried
CONSENT ITEMS HELD OVER
13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Approve the Minutes of July 11, 2024.
Motion Carried (5 to 0)
13.b APPROVAL OF WARRANT REGISTERS
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Approve the warrant registers issued for the period 7/10/2024 to 8/09/2024.
Motion Carried (5 to 0)
34 Palm Desert City Council Meeting Minutes
August 22, 2024
13 13.j AUTHORIZE THE PURCHASE OF BENCH AND WASTE BIN
REPLACEMENTS FOR EL PASEO FROM OUTDOOR CREATIONS, INC.
(CONTRACT NO. C48230)
Deputy Director of Economic Development Lawrence responded to City Council inquiries.
Motion by: Mayor Pro Tem Harnik
Seconded by: Mayor Quintanilla
Continue the item to the September 12, 2024, meeting.
Motion Carried (5 to 0)
13.t RESOLUTION NO. 2024-064 APPROVING AN ADMINISTRATIVE POLICY
REGARDING THE USE OF SERVICE ANIMALS
Senior Project Manager Gerry and Jennie Grover, Disability Access Consultant, responded to City Council inquiries.
Raven Weiss expressed her dissatisfaction with the policy as presented, and shared her negative experience while attending a Palm Desert restaurant with her service animal.
Following discussion, the City Council directed staff to amend the language to remove ambiguity regarding service animal access.
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Adopt Resolution No. 2024-064 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN ADMINISTRATIVE POLICY REGARDING THE USE OF SERVICE ANIMALS”, as amended.
Motion Carried (5 to 0)
14. ACTION CALENDAR
14.a RESOLUTION NO. 2024-066 APPROVING FINAL TRACT MAP NO. 38434-1
AND GRADING, SUBDIVISION IMPROVEMENT, AND MAINTENANCE AND
EASEMENT AGREEMENTS
Councilmember Nestande recused herself due to the proximity of her residence to the project, and left the Council Chamber.
Principal Planner Flores narrated a PowerPoint presentation and responded to City Council inquiries.
35 Palm Desert City Council Meeting Minutes
August 22, 2024
14 The following individuals expressed opposition to the approval of a final tract map:
• Jana Koroczynsky
• Peter Koroczynsky
• Eric Livingstone
• Liz Bower
• Linda Candler
James Vaughn, Land Use Counsel representing Pulte Homes, expressed that all conditions for approval have been met, and noted that based on the California Map Act, City Council approval is ministerial in nature.
Tim Jonasson, HR Green representative and project consultant, responded to City Council inquiries relative to grading and retention basin ongoing maintenance.
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
1. Adopt Resolution No. 2024-066 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF FINAL TRACT MAP NO. 38431-1.”
2. Authorize the City Attorney to make necessary nonmonetary changes to the agreements.
3. Authorize the City Manager to execute the agreements related to grading and subdivision improvement.
4. Authorize the Mayor to execute an agreement for the construction and maintenance of a portion of public right-of-way.
NOES (1): Mayor Quintanilla
RECUSED (1): Councilmember Nestande
Motion Carried (3 to 1)
36 Palm Desert City Council Meeting Minutes
August 22, 2024
15 14.b PROPOSAL FOR A FARMERS’ MARKET ON EL PASEO
Public Affairs Manager Soule narrated a PowerPoint presentation and responded to City Council inquiries.
Brian Boyce, Palm Desert business owner, expressed his support of staff's recommendation to reject the proposal as presented.
Christiana Green, Applicant, shared her responses to concerns expressed in the survey relative to trash, portable restrooms, demographics and shopper profiles, and shared her proposed steps to uphold the caliber of the market.
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Reject the proposal to hold a Farmers’ Market on El Paseo every Saturday from 8 a.m. to 1 p.m. from October through May.
Motion Carried (5 to 0)
14.c ADOPT THE UPDATED MILLS ACT PROGRAM APPLICATION MANUAL Principal Planner Flores narrated a PowerPoint presentation and responded to City Council inquiries.
Motion by: Mayor Pro Tem Harnik
Seconded by: Councilmember Nestande
Adopt the updated Mills Act Program Application Manual, as amended.
Motion Carried (5 to 0)
14.d CONSIDERATION OF A SPONSORSHIP REQUEST FOR THE TOUR DE
PALM SPRINGS IN COACHELLA VALLEY
Economic Development Deputy Director Lawrence presented a staff report and responded to City Council inquiries.
Tour de Palm Springs representatives Tim Esser and Cody Shelton shared additional information on the event and its beneficiaries.
Motion by: Mayor Pro Tem Harnik
Seconded by: Councilmember Kelly
Direct staff to bring the item back for consideration at the September 12, 2024, City Council meeting once additional requested information has been received and reviewed by staff.
Motion Carried (5 to 0)
37 Palm Desert City Council Meeting Minutes
August 22, 2024
16 14.e ESTABLISH THE PALM DESERT CITY FOUNDATION, A 501(C)(3)
NONPROFIT PUBLIC BENEFIT CORPORATION, DETERMINE BOARD
STRUCTURE, AND APPROVE DRAFT DOCUMENTS
Assistant Director of Library Services Vonnegut narrated a PowerPoint presentation and responded to City Council inquiries.
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
1. Authorize the City Manager to form a 501(c)(3) organization, named “Palm Desert City Foundation”, to support fundraising, initially for the library, with the ability to expand for other civic needs as they arise.
2. Authorize the City Manager to execute all necessary documents and make any non-substantive changes necessary to effectuate this action.
Motion Carried (5 to 0)
14.f THIRD AMENDMENT TO THE SECOND REVISED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
PALM DESERT AND DESERT WAVE VENTURES, LLC
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Approve the Third Amendment to the Second Revised and Restated Disposition and Development Agreement between the City of Palm Desert and Desert Wave Ventures, LLC.
2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement.
3. Authorize the City Manager to execute the agreement.
Motion Carried (5 to 0)
15. PUBLIC HEARINGS
15.a ESTABLISHMENT OF ANNUAL LEASE RATE FOR DINING DECKS AND
LICENSING REQUIREMENTS FOR USE OF PUBLIC RIGHT-OF-WAY FOR
OUTDOOR DINING DECKS
Motion by: Mayor Pro Tem Harnik
Seconded by: Mayor Quintanilla
Continue the Public Hearing to a date uncertain.
Motion Carried (5 to 0)
38 Palm Desert City Council Meeting Minutes
August 22, 2024
17 15.b RESOLUTION NO. 2024-067 UPDATING THE FEES FOR DOG LICENSES Mayor Quintanilla opened the public hearing.
Director of Development Services Cannone narrated a PowerPoint presentation and responded to City Council inquiries.
Mayor Quintanilla closed the public hearing, there being no member of the public wishing to speak.
Mayor Quintanilla expressed concern that the requested fee schedule has not been received from the County of Riverside staff.
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Adopt Resolution No. 2024-067 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING THE FEES FOR DOG LICENSES.”
Motion Carried (5 to 0)
16. INFORMATION ITEMS
None.
17. ADJOURNMENT
The City Council adjourned at 8:31 p.m.
Respectfully submitted,
_________________________
Níamh M. Ortega, CMC
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
39 40
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/15/2024 - 8/15/2024
City of Palm Desert
Account Number
W1 00002466 08/15/2024 County of Riverside Sheriff 1104210 4304000 5/30-6/30 Law Enforcement Svc SH0000046342 1,666,065.58 W1 00002467 08/15/2024 KIMLEY-HORN AND ASSOCIATES INC. 2134250 5000907 TRAFFIC OPERATION - AMEND 2 099802003-0624 4,220.46 W1 00002467 08/15/2024 KIMLEY-HORN AND ASSOCIATES INC. 2134250 5000907 AMEND 3 - EXTEND TERM/INCREASE 099802003-0624 40,619.54 W1 00002468 08/15/2024 MARIPOSA LANDSCAPES INC 1104310 4332000 WEED ABATEMENT - TAMARISK ROW 108855 1,034.00 W1 00002468 08/15/2024 MARIPOSA LANDSCAPES INC 1104310 4332000 WEED ABATEMENT - SHADOW LAKE 108856 2,120.00 W1 00002468 08/15/2024 MARIPOSA LANDSCAPES INC 1104310 4332000 WEED ABATEMENT - COUNTRY CLUB 108857 1,696.00 W1 00002468 08/15/2024 MARIPOSA LANDSCAPES INC 1104310 4332000 WEED ABATEMENT - COOK BRIDGE 108858 6,280.00 W1 00002468 08/15/2024 MARIPOSA LANDSCAPES INC 1104310 4332000 WEED ABATEMENT - HOVLEY LN 108859 1,696.00 W1 00002468 08/15/2024 MARIPOSA LANDSCAPES INC 1104310 4332000 WEED ABATEMENT - MONTEREY AVE 108860 2,413.44 W1 00002469 08/15/2024 PFM ASSET MANAGEMENT LLC 1104159 4309000 Investment Mgmt JUN24 14318869 4,103.97 W1 00002470 08/15/2024 PUB Construction Inc 2424549 4331101 TO006151-PDAC-CFA00009- 305297 20,007.00 W1 00002470 08/15/2024 PUB Construction Inc 4004330 4400100 TO007136-Corp Yard-CFA00016- 305299 113,689.00 W1 00002471 08/15/2024 SACRAMENTO METROPOLITAN 2304220 4304500 FY21/22 Admin/Host GEMT 2000010040 2,323.09 W1 00002471 08/15/2024 SACRAMENTO METROPOLITAN 2304220 4304500 FY19/20 Admin/Host GEMT 2000008158 2,006.54 W1 00002471 08/15/2024 SACRAMENTO METROPOLITAN 2304220 4304500 FY20/21 Admin/Host GEMT 2000009056 2,901.50 W1 00002472 08/15/2024 STAPLES BUSINESS ADVANTAGE 1104470 4211000 BACK CUSHION 3555374101 53.86 W1 02003867 08/15/2024 ANSER ADVISORY MANAGEMENT LLC 5304310 4404500 TO008802-City Hall Charging 25543 2,180.00 W1 02003868 08/15/2024 CASH, PETTY 2524662 4404000 Aromely Scent Kit G.SHAF 7.18.24 31.48 W1 02003868 08/15/2024 CASH, PETTY 2524662 4404000 Aromely 500 ML Scent G.SHAF 07.18.24 64.80 W1 02003869 08/15/2024 COACHELLA VALLEY ASSOCIATION 2384515 4363000 FY23/24 4th Quarter AB2766 CV24320-24 13,184.42 W1 02003870 08/15/2024 COACHELLA VALLEY WATER DIST. 4254430 4351000 72880 Hwy 111 - Fire Mtr Sears 800645741286JU24 115.01 W1 02003871 08/15/2024 DESERT AIR CONDITIONING INC. 1104340 4331000 HVAC SRVS - HISTORICAL SOCIETY 250614 8,931.00 W1 02003872 08/15/2024 DESERT DISCOUNT CLEANERS LLC 1100000 1430100 COPS Uniform Cleaners Jul24 08.01.24 45.90 W1 02003872 08/15/2024 DESERT DISCOUNT CLEANERS LLC 1104211 4306001 COPS Uniform Cleaners AP/JU24 08.01.24 202.90 W1 02003873 08/15/2024 DESERT RECREATION DISTRICT 1104344 4309000 JN24 PARKS/REC SRVS-PORTOLA CC 3724 9,124.76 W1 02003873 08/15/2024 DESERT RECREATION DISTRICT 1104610 4309200 JUN24 PARK SRVS - CC PARK 3723 44,378.10 W1 02003874 08/15/2024 HERMANN DESIGN GROUP INC 4414195 4809200 DESIGN SERVICES - DW GREENS 24071707 14,155.00 Report Date 08/15/2024 Page 1
City and Housing
Docusign Envelope ID: DD91172E-3D37-4B6D-A030-C4883B269BFE 41 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/15/2024 - 8/15/2024
City of Palm Desert
Account Number
W1 02003874 08/15/2024 HERMANN DESIGN GROUP INC 4414195 4809200 AMEND NO. 1 - ADD SRVS 24071708 5,462.50 W1 02003875 08/15/2024 J.L. ENDICOTT INC 1104154 4219000 Nameplates 02.02.2024 10312 68.17 W1 02003875 08/15/2024 J.L. ENDICOTT INC 1104154 4219000 Nameplates 02.26.2024 10313 95.10 W1 02003875 08/15/2024 J.L. ENDICOTT INC 1104154 4219000 Nameplates 3.6.2024 10315 93.89 W1 02003875 08/15/2024 J.L. ENDICOTT INC 1104154 4219000 Nameplates 5.29.2024 10311 70.60 W1 02003876 08/15/2024 KAMINSKY PRODUCTIONS 1104417 4321900 PDAC PHOTOGRAPHY SERVICES 14260 17,525.00 W1 02003877 08/15/2024 MARRS SERVICES INC 4514618 5000913 TO006152-North Park Desert Com 234596152-2 1,350.00 W1 02003877 08/15/2024 MARRS SERVICES INC 4514618 5000913 TO006152-North Park Desert Com 234596152-3 675.00 W1 02003878 08/15/2024 PAINTERS WAREHOUSE OF 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 2404-210717 41.81 W1 02003879 08/15/2024 PRINTING CONCEPTS 2520000 2070200 Library cards 5k- SALES TAX 159715 -81.38 W1 02003879 08/15/2024 PRINTING CONCEPTS 2524662 4361000 Library cards 5k ct. 159715 1,050.00 W1 02003879 08/15/2024 PRINTING CONCEPTS 2524662 4361000 Library cards 5k- SALES TAX 159715 81.38 W1 02003880 08/15/2024 Quality Office Furnishings Inc 4504161 4400100 FURN, FIXTRE, EQUIP RPLCMNT 13085.1_2450-CPD 1,218.30 W1 02003880 08/15/2024 Quality Office Furnishings Inc 4504161 4400100 FURN, FIXTRE, EQUIP RPLCMNT 13083.1_2345-CPD 7,812.00 W1 02003880 08/15/2024 Quality Office Furnishings Inc 4504161 4400100 FURN, FIXTRE, EQUIP RPLCMNT 13082.1_2344-CPD 2,310.00 W1 02003881 08/15/2024 STERLING ADMINISTRATION 1104154 4309000 JUN24 Admin Fees 790116 171.50 W1 02003882 08/15/2024 TAG/AMS INC. 1104154 4305600 Postaccident Drug Test 2833865 90.00 W1 02003882 08/15/2024 TAG/AMS INC. 1104154 4305600 DOT/Random Drug Test 5.20.24 2834261 440.00 Examined and Approved Total For Bank ID - W1
2,002,117.22 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 08/15/2024 Page 2
City and Housing
Docusign Envelope ID: DD91172E-3D37-4B6D-A030-C4883B269BFE 42 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/16/2024 - 8/16/2024
City of Palm Desert
Account Number
W1 00002473 08/16/2024 Amazon Capital Services Inc. 1104154 4219000 4-foot Aluminum Step Ladder 13KM-PPWV-313K 100.99 W1 00002473 08/16/2024 Amazon Capital Services Inc. 1104154 4219000 Battle Vision Sunglasses 13KM-PPWV-313K 19.59 W1 00002473 08/16/2024 Amazon Capital Services Inc. 1104154 4219000 Cyclops Tactical Flashlight 13KM-PPWV-313K 30.93 W1 00002473 08/16/2024 Amazon Capital Services Inc. 1104154 4219000 Stanley Fatmax Tape Measure 13KM-PPWV-313K 27.29 W1 00002473 08/16/2024 Amazon Capital Services Inc. 1104154 4219000 Sales Tax 13KM-PPWV-313K 13.86 W1 00002473 08/16/2024 Amazon Capital Services Inc. 1104211 4306001 COPS Coffee Dispenser 1R1K-YK1M-CJYT 75.26 W1 00002473 08/16/2024 Amazon Capital Services Inc. 1104211 4306001 COPS First Aid Kits 1KR1-9VMT-WRY9 132.02 W1 00002473 08/16/2024 Amazon Capital Services Inc. 2524662 4219000 SUPPLIES 11T7-MRTC-61PR 25.52 W1 00002474 08/16/2024 BURKE WILLIAMS & SORENSEN LLP 1104121 4301500 Econ Dev LGL 7/24 325627 7,192.50 W1 00002474 08/16/2024 BURKE WILLIAMS & SORENSEN LLP 6100000 2283600 DESERT SURF LGL 7/24 325626 52.50 W1 00002475 08/16/2024 C V A G 6100000 2282500 JULY 2024 TUMF PDTUMF072024 5,900.00 W1 00002476 08/16/2024 COACHELLA VALLEY CONSERVATION 6100000 2280800 JULY 2024 MSHCP PDMSHCP072024 3,370.00 W1 00002476 08/16/2024 COACHELLA VALLEY CONSERVATION 6100000 2280800 LESS1% ADMIN FEE PDMSHCP072024 -33.70 W1 00002477 08/16/2024 DELTA DENTAL OF CALIFORNIA 1100000 1150300 Dental M Adkins BE006143420 138.39 W1 00002477 08/16/2024 DELTA DENTAL OF CALIFORNIA 1100000 2160900 Delta Dental Premium 07/2024 BE006143420 14,595.03 W1 00002477 08/16/2024 DELTA DENTAL OF CALIFORNIA 1104420 4112400 Dental S Carrasco BE006143420 -20.16 W1 00002477 08/16/2024 DELTA DENTAL OF CALIFORNIA 1104614 4112400 Dental M Langarica BE006143420 81.96 W1 00002478 08/16/2024 DOUG WALL CONSTRUCTION INC 4004618 4400100 TO008384-Bump N Grind- 4111 9,672.70 W1 00002479 08/16/2024 ENTERPRISE HOLDINGS INC 1104210 4304200 24/25 VEHICLE RENTALS RSO 36471458 1,269.33 W1 00002479 08/16/2024 ENTERPRISE HOLDINGS INC 1104210 4304200 24/25 VEHICLE RENTALS RSO 36409888 1,310.80 W1 00002480 08/16/2024 FLOCK SAFETY 1104210 4309206 24/25 AUTO LICENSE PLATE RECOG INV-43203 137,750.00 W1 00002480 08/16/2024 FLOCK SAFETY 1104210 4309206 24/25 AUTO LICENSE PLATE RECOG INV-43204 7,150.00 W1 00002481 08/16/2024 GRANICUS INC 1100000 1430100 EHQ Unlimited/Partner CX Servi 187409 4,007.15 W1 00002481 08/16/2024 GRANICUS INC 1104190 4362001 Granicus Renewal FY24/25 187409 20,035.75 W1 00002482 08/16/2024 HARTFORD LIFE AND ACCIDENT 1100000 2160700 LTD Premium 07/2024 463783005716 4,579.51 W1 00002482 08/16/2024 HARTFORD LIFE AND ACCIDENT 1100000 2161000 Life and AD&D Premium 07/2024 463783005716 2,486.25 W1 00002482 08/16/2024 HARTFORD LIFE AND ACCIDENT 1100000 2161800 STD Premium 07/2024 463783005716 2,439.34 Report Date 08/16/2024 Page 1
City and Housing
Docusign Envelope ID: B39570E0-811E-43BC-8963-B69F80117FE8 43 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/16/2024 - 8/16/2024
City of Palm Desert
Account Number
W1 00002482 08/16/2024 HARTFORD LIFE AND ACCIDENT 1104150 4112200 LTD,LF,AD,STD Rounding 07/2024 463783005716 200.98 W1 00002483 08/16/2024 JW MARRIOTT DESERT SPRINGS RESORT &1104154 4309501 Deposit for CPD Event Dec24 M-TRPDOO0 1,842.52 W1 00002484 08/16/2024 MIDWEST TAPE LLC 2524662 4362001 On-demand media platform JUL24 505844457 259.54 W1 00002485 08/16/2024 RAY LOPEZ ASSOCIATES 4414195 4809200 DW PERIMETER LDNSCP RENO PH 3 24_0724-PD-4 4,750.00 W1 00002486 08/16/2024 SIGNARAMA 2524662 4219000 BLDG SIGNAGE INV-124480 36.64 W1 00002487 08/16/2024 SINATRA & COOK PROJECT LLC 4254430 4345000 iHUB Rent FY 24/25 IHUB55SEP24 17,632.81 W1 00002488 08/16/2024 STAPLES BUSINESS ADVANTAGE 1104430 4211000 Office Supplies 6006782580 78.85 W1 00002488 08/16/2024 STAPLES BUSINESS ADVANTAGE 1104430 4211000 OFFICE SUPPLIES 60064227750 49.59 W1 00002488 08/16/2024 STAPLES BUSINESS ADVANTAGE 1104430 4211000 Office Supplies 6006459866 15.53 W1 00002489 08/16/2024 THE ALTUM GROUP 1104159 4219100 GERALD FORD DR-CSUSB-PDC FLOOD 9694 5,561.00 W1 00002490 08/16/2024 US BANK P-CARD 9350 1104150 4312000 7587-Travel SGarcia 9530 - 6/25/24 313.96 W1 00002490 08/16/2024 US BANK P-CARD 9350 1104470 4312500 7587-NNA Cert Refund 9530 - 6/25/24 -25.11 W1 00002490 08/16/2024 US BANK P-CARD 9350 8704195 4312000 7587-Ldg Leadership conf 9530 - 6/25/24 -199.51 W1 00002490 08/16/2024 US BANK P-CARD 9350 1104150 4362000 7587- Wall Street Journal 9530 - 7/22/24 38.99 W1 00002490 08/16/2024 US BANK P-CARD 9350 1104150 4362000 7587-BLUECOSMO SAT PHN 7/22/24 9530 - 7/22/24 66.95 W1 00002490 08/16/2024 US BANK P-CARD 9350 1104470 4306300 7587- ARC meeting 7.23.24 9530 - 7/23/24 256.66 W1 00002491 08/16/2024 US BANK 3534394 4309000 FY24/25 CFD 2005-1 Admin Fees 7412978 2,775.00 W1 00002491 08/16/2024 US BANK 3154350 4309000 FY24/25 Sect 29 Admin Fees 7412588 2,200.00 W1 00002492 08/16/2024 VERIZON WIRELESS SERVICES LLC 1100000 2289950 VERIZON JUN24-JUL23 9969776160 4,855.48 W1 00002492 08/16/2024 VERIZON WIRELESS SERVICES LLC 1100000 2289950 EOC JUN29-JUL28 9970161095 1,190.03 W1 00002493 08/16/2024 VISION SERVICE PLAN INC. 1100000 1150300 VSP M Adkins 820716494 31.81 W1 00002493 08/16/2024 VISION SERVICE PLAN INC. 1100000 2161400 VSP Premium 07/2024 820716494 4,389.78 W1 00002493 08/16/2024 VISION SERVICE PLAN INC. 1104134 4112400 VSP T Cechin 820716494 95.43 W1 00002493 08/16/2024 VISION SERVICE PLAN INC. 1104190 4112400 VSP C Acoeda 820716494 31.81 W1 00002493 08/16/2024 VISION SERVICE PLAN INC. 1104614 4112400 VSP M Langarica 820716494 -31.81 W1 00002494 08/16/2024 WEX HEALTH INC 1104154 4309000 JUL2024 COBRA Monthly 0001994980-IN 86.28 W1 02003883 08/16/2024 Advance Towing 1104210 4304200 Sheriff Towing - T230130012 23-0113-1461 100.00 Report Date 08/16/2024 Page 2
City and Housing
Docusign Envelope ID: B39570E0-811E-43BC-8963-B69F80117FE8 44 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/16/2024 - 8/16/2024
City of Palm Desert
Account Number
W1 02003883 08/16/2024 Advance Towing 1104210 4304200 Sheriff Towing - T232950005 3-1022-4801 100.00 W1 02003883 08/16/2024 Advance Towing 1104210 4304200 Sheriff Towing - T241800046 24-0710-7035 240.00 W1 02003884 08/16/2024 BECK OIL INC 1104331 4217000 GAS AND DIESEL FUEL 121658 4,725.33 W1 02003884 08/16/2024 BECK OIL INC 1104331 4217000 GAS AND DIESEL FUEL 122892 3,562.82 W1 02003884 08/16/2024 BECK OIL INC 1104331 4217000 GAS AND DIESEL FUEL 125307 4,064.17 W1 02003885 08/16/2024 BELFOR PROPERTY RESTORATION 2304220 4331000 TO009785-FS71-Mold Mitigation 2026304 9,230.78 W1 02003886 08/16/2024 BEST SIGNS INC. 4364650 4309200 Plaque 98428 828.91 W1 02003887 08/16/2024 BIO TOX LABORATORIES 1104210 4390400 24/25 BLOOD & URINE ANALYSIS S 46165 1,853.95 W1 02003887 08/16/2024 BIO TOX LABORATORIES 1104210 4390400 24/25 BLOOD & URINE ANALYSIS S 46164 1,504.25 W1 02003888 08/16/2024 BMW MOTORCYCLE OF RIVERSIDE 1104210 4334000 24/25 POLICE MTRCYCLE REP/MAIN 6036578 39.15 W1 02003888 08/16/2024 BMW MOTORCYCLE OF RIVERSIDE 1104210 4334000 24/25 POLICE MTRCYCLE REP/MAIN 603177 9,642.19 W1 02003889 08/16/2024 CAL STRIPE INC 2134315 4332000 STREET / BIKE LANE STRIPING 24029-01 58,786.55 W1 02003890 08/16/2024 CASTELLANO, ERIKA 1104111 4312500 SR Training Donuts 8.1.24 92.50 W1 02003891 08/16/2024 CHAD VAN HORN 4364650 4309200 Photography 7/18/24 SUN112023 400.00 W1 02003892 08/16/2024 CHARTER COMMUNICATIONS 1104190 4365000 AUG24 City Hall Internet 189329401080124 115.21 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 San Luis Rey - Fire Mtr PP E/W 797757405414JL24 86.99 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 San Luis Rey-Fire Mtr-LATE FEE 797757405414JL24 1.30 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 1104340 4351000 (A) 1057 City Hall 315187847714JL24 248.20 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 1104344 4351000 (B) 1057 Portola CC 315187847714JL24 452.67 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 1104610 4351000 1093 CIVIC CENTER PARK 315245847772JL24 8,370.35 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 1054 CITY PARKS 315181847708JL24 4,027.99 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 1131 HOVLEY SOCCER PARK 315303847830JL24 3,757.41 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 1104614 4351000 1055 ST MEDIANS "5" 315183847710JL24 8,597.57 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 1104614 4351000 1089 MEDIANS 315239847766JL24 3,270.60 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 1104614 4351000 10528 Entrada /Eric Johnson 317287849814JL24 669.54 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2424549 4351000 1141 AQUATIC CENTER 512541849896JL24 1,119.84 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2734680 4351000 D. 1088 Desert Mirage (Cook) 315237847764JL24 196.32 Report Date 08/16/2024 Page 3
City and Housing
Docusign Envelope ID: B39570E0-811E-43BC-8963-B69F80117FE8 45 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/16/2024 - 8/16/2024
City of Palm Desert
Account Number
W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2764374 4351000 10560 HAYSTACK 330551849952JL24 4,617.79 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2764374 4351000 10561 HAYSTACK 330559849954JL24 3,428.84 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 (3) 1056 Presidents Plaza 315185847712JL24 1,026.91 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 (5) 1056 Presidents Plaza 315185847712JL24 672.04 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2784374 4351000 (1) 1056 Vineyards 315185847712JL24 40.28 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2784374 4351000 (7) 1056 Vineyards 315185847712JL24 115.31 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2814374 4351000 (4) 1056 The Grove 315185847712JL24 553.72 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2824373 4351000 (2) 1056 Presidents Plaza 3 315185847712JL24 145.89 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2824373 4351000 (8) 1056 Presidents Plaza 3 315185847712JL24 56.27 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2834374 4351000 (6) 1056 Portola Place 315185847712JL24 53.81 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2854374 4351000 C. 1088 K/B (Heatherwood) 315237847764JL24 57.33 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2874374 4351000 H. 1088 College View Estates I 315237847764JL24 128.94 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2874680 4351000 F. 1088 The Boulders (Shepherd 315237847764JL24 63.48 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2874681 4351000 B. 1088 Sundance W (Kokopelli) 315237847764JL24 85.62 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2874682 4351000 E. 1088 Petunia Place 1 (Petun 315237847764JL24 72.84 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2874683 4351000 A. 1088 Sundance E. (Shepherd 315237847764JL24 673.69 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 2874684 4351000 G. 1088 College View Estates I 315237847764JL24 162.15 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 5104195 4369601 (1) 1161 - 73710 FW 652499886934JL24 97.82 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 5104195 4369601 (3) 1161 - 73710 FW FP 652499886934JL24 86.99 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 5104195 4369602 (2) 1161 - 73720 FW 652499886934JL24 71.72 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 5104195 4369800 (4) 1161 - 72559 Hwy 111 652499886934JL24 69.26 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 5104195 4369800 (5) 1161 - 72559 Hwy 111 FP 652499886934JL24 40.65 W1 02003893 08/16/2024 COACHELLA VALLEY WATER DIST. 1104610 4351000 248 RAC WELL RMT BY LAKE 332429853174JL24 2,447.48 W1 02003894 08/16/2024 County of Riverside Sheriff 1104210 4309205 FY 24/25 RSO Facility Billing, SH0000046308 50,615.00 W1 02003895 08/16/2024 COUNTY OF RIVERSIDE SHERIFF 1104210 4217000 24/25 MOTOR FUEL RSO SH0000046367 868.20 W1 02003895 08/16/2024 COUNTY OF RIVERSIDE SHERIFF 1104210 4217000 24/25 MOTOR FUEL RSO SH0000046366 1,017.47 W1 02003896 08/16/2024 DESERT SANDS UNIFIED 1104211 4309201 DSUSD Crossing Guard Reimb 2024/2064 47,927.52 Report Date 08/16/2024 Page 4
City and Housing
Docusign Envelope ID: B39570E0-811E-43BC-8963-B69F80117FE8 46 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/16/2024 - 8/16/2024
City of Palm Desert
Account Number
W1 02003897 08/16/2024 GOODWIN, SHELBY 1104416 4306101 JULY 4 SUPPLIES JULY 4 SUPPLIES 1,823.13 W1 02003898 08/16/2024 HARNIK, JAN C. 1104110 4311500 Harnik Mileage 07.2024 JH MILEAGE 7.24 54.14 W1 02003899 08/16/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Shopper 50087402-JL24 35.50 W1 02003899 08/16/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Miriam 50087411-JL24 35.35 W1 02003899 08/16/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 72800 Dinah Shore Drive 50087423-JL24 67.34 W1 02003899 08/16/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Monterrey 50087432-JL24 80.22 W1 02003899 08/16/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Monterey 50087443-JL24 36.30 W1 02003899 08/16/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Miriam 50087452-JL24 72.19 W1 02003899 08/16/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 37998 Gerald Ford Dr 50514026-JL24 37.59 W1 02003899 08/16/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 37996 Gerald Ford Dr Signal LT 50514028-JL24 64.95 W1 02003899 08/16/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 75396 Frank Sinatra Dr 50540835-JL24 39.20 W1 02003899 08/16/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 75394 Frank Sinatra Dr St Ligh 50540839-JL24 28.43 W1 02003899 08/16/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 75398 Frank Sinatra Dr 50540840-JL24 51.91 W1 02003899 08/16/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 33108 Mont Safety Lt (Prv50650 50887764-JL24 104.71 W1 02003899 08/16/2024 IMPERIAL IRRIGATION DISTRICT 1104614 4351400 34249 Monterey Ave 50488446-JL24 12.34 W1 02003900 08/16/2024 J.L. ENDICOTT INC 1104154 4219000 Name plates 12.13.23 10194- 206.64 W1 02003900 08/16/2024 J.L. ENDICOTT INC 1104154 4219000 Nameplates 12.27.23 10205- 41.61 W1 02003901 08/16/2024 JR THOMAS GOLF CARS INC 1104331 4334000 R/M LANDSCAPE GOLF CART 42148 135.35 W1 02003902 08/16/2024 LOCK SHOP INC. 2524662 4332100 5 ALARM LOCKS/LABOR FOR LIBRAR A136165 4,011.93 W1 02003902 08/16/2024 LOCK SHOP INC. 1104340 4219000 REPLACE LOCKS - WALLAROO AA00069088 98.59 W1 02003903 08/16/2024 LOWE'S HOME CENTERS INC. 1104340 4331000 R/M WALLAROO BLDG 987487-080724 85.56 W1 02003903 08/16/2024 LOWE'S HOME CENTERS INC. 1104340 4331000 R/M WALLAROO BLDG 985107-080624 58.31 W1 02003903 08/16/2024 LOWE'S HOME CENTERS INC. 2764374 4332100 HAYSTACK SUPPLIES 983887-080524 32.42 W1 02003903 08/16/2024 LOWE'S HOME CENTERS INC. 1104330 4219000 SAFETY TOOLS 973962-073124 296.72 W1 02003904 08/16/2024 OZZIE'S INTERNATIONAL 1104331 4334000 R/M #68 CITY OWNED 36428 745.13 W1 02003904 08/16/2024 OZZIE'S INTERNATIONAL 1104331 4334000 R/M #68 CITY OWNED 36558 370.04 W1 02003905 08/16/2024 PALM DESERT ACE HARDWARE 1104310 4332000 NUTS AND BOLTS 246752 24.23 Report Date 08/16/2024 Page 5
City and Housing
Docusign Envelope ID: B39570E0-811E-43BC-8963-B69F80117FE8 47 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/16/2024 - 8/16/2024
City of Palm Desert
Account Number
W1 02003905 08/16/2024 PALM DESERT ACE HARDWARE 1104340 4219000 NUTS AND BOLTS 246760 48.52 W1 02003905 08/16/2024 PALM DESERT ACE HARDWARE 1104340 4219000 NUTS AND BOLTS 246764 40.04 W1 02003905 08/16/2024 PALM DESERT ACE HARDWARE 1104340 4331000 R/M WALLAROO BLDG 246901 133.97 W1 02003905 08/16/2024 PALM DESERT ACE HARDWARE 1104611 4219000 TOOLS 246850 39.86 W1 02003905 08/16/2024 PALM DESERT ACE HARDWARE 1104611 4219000 TOOLS 246844 30.16 W1 02003905 08/16/2024 PALM DESERT ACE HARDWARE 1104611 4331000 R/M PLUMBING 246883 40.65 W1 02003906 08/16/2024 PALMER ELECTRIC 2524662 4332100 Lib- Relocate/cap electrical 5739 119.92 W1 02003907 08/16/2024 PARKHOUSE TIRE INC. 1104331 4334000 NEW TIRES #03 CITY OWNED 2030238573 1,090.94 W1 02003908 08/16/2024 PORTOLA PALMS HOMEOWNERS 8734195 4337000 JULY24 HOA FEES PORTOLA PALM JUL24-1922815 363.00 W1 02003909 08/16/2024 PORTOLA PALMS HOMEOWNERS 8734195 4337000 JULY24 HOA FEES PORTOLA PALM JUL24-1922585 363.00 W1 02003910 08/16/2024 POWERSTRIDE BATTERY COMPANY INC 1104250 4332500 STORAGE BATTERY - MONT/DS 711914 799.89 W1 02003911 08/16/2024 QUALITY CODE PUBLISHING LLC 1104111 4309000 Municipal Code Printing Servic PG000037170 3,081.00 W1 02003912 08/16/2024 QUINTANILLA, KARINA 1104110 4311500 K.Quint Mileage 7.2024 KQ MILEAGE 7.24 164.55 W1 02003913 08/16/2024 REBECCA BARRETT DESIGN 4364650 4309200 Map Design 3894 825.00 W1 02003914 08/16/2024 RIVERSIDE COUNTY DEPARTMENT OF 1104330 4364000 CORPYARD GENERATOR FEES 24-25 IN1010237 1,928.00 W1 02003914 08/16/2024 RIVERSIDE COUNTY DEPARTMENT OF 1104611 4331000 FREEDOM SNACK BAR PERMIT 24-25 IN1001437 159.00 W1 02003915 08/16/2024 RIVERSIDE COUNTY FIRE DEPT. 1104416 4306101 July 4 event Fire Dept INV-00288453 368.00 W1 02003916 08/16/2024 SOUTH COAST AQMD 1104330 4364000 I C E(50-500 HP) ElecGenDiesel 4391767 541.04 W1 02003916 08/16/2024 SOUTH COAST AQMD 1104330 4364000 AQMD FLAT FEE FOR FY24/25 4393221 165.96 W1 02003917 08/16/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 Street lites LS-3 600001510277AG24 4,577.33 W1 02003917 08/16/2024 SOUTHERN CALIFORNIA EDISON 1104611 4351400 35981 1/2 - 7600 1/2 COLLEGE 700871754303AG24 129.43 W1 02003917 08/16/2024 SOUTHERN CALIFORNIA EDISON 1104614 4351400 Street Power PEDESTALS 700019019320JL24 3,224.20 W1 02003917 08/16/2024 SOUTHERN CALIFORNIA EDISON 1104614 4351400 Street Power PEDEST- late fee 700019019320JL24 18.59 W1 02003917 08/16/2024 SOUTHERN CALIFORNIA EDISON 4254430 4395000 iHUBJLY24 700423102627JY24 4,323.84 W1 02003918 08/16/2024 SUPERIOR READY MIX CONCRETE 1104310 4332000 R/M HANDICAP RAMP - MAG FALLS 439315 939.59 W1 02003919 08/16/2024 WHITE CAP LP 1104310 4332000 R/M HANDICAP RAMP - MAG FALLS 50027647458 1,565.94 W1 02003919 08/16/2024 WHITE CAP LP 1104610 4219000 SUPPLIES 50027592226 35.87 Report Date 08/16/2024 Page 6
City and Housing
Docusign Envelope ID: B39570E0-811E-43BC-8963-B69F80117FE8 48 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/16/2024 - 8/16/2024
City of Palm Desert
Account Number
W1 02003920 08/16/2024 XEROX FINANCIAL SERVICES 2524662 4342000 LIBR XEROX LEASE 7/14-8/13 6059214 424.07 Examined and Approved Total For Bank ID - W1
544,378.82 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 08/16/2024 Page 7
City and Housing
Docusign Envelope ID: B39570E0-811E-43BC-8963-B69F80117FE8 49 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/16/2024 - 8/16/2024
City of Palm Desert
Account Number
W3 00002544 08/16/2024 IS PALM DESERT LP 7034121 4374000 August 2024 Sewer Rent Payment AUG2024 11,639.40 Examined and Approved Total For Bank ID - W3
11,639.40 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 08/16/2024 Page 8
Successor Agency
Docusign Envelope ID: B39570E0-811E-43BC-8963-B69F80117FE8 50 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/19/2024 - 8/19/2024
City of Palm Desert
Account Number
W1 00002495 08/19/2024 PYE BAKER 1104340 4331000 R/M ALARM - CITY HALL 4954925 154.00 W1 00002495 08/19/2024 PYE BAKER 4254430 4395000 ALARM MONITORING - iHUB 4529077 144.00 W1 00002495 08/19/2024 PYE BAKER 4254430 4395000 R/M ALARM - IHUB 4820052 164.78 W1 00002496 08/19/2024 HR GREEN PACIFIC INC 1104130 4301150 Engr Services & Land JUNE 2024 177624 37,624.06 W1 00002496 08/19/2024 HR GREEN PACIFIC INC 1104130 4301150 Engr & Land Dev Refuge MAY2024 176446 14,764.50 W1 00002496 08/19/2024 HR GREEN PACIFIC INC 1104130 4301150 Engr & Land Dev Refuge JUN2024 177623 21,349.94 W1 00002497 08/19/2024 IMPRESSION DESIGN 1104310 4214000 PW EMPLOYEE APPAREL 15629 986.66 W1 00002498 08/19/2024 MARIPOSA LANDSCAPES INC 1104614 4392101 EXTRA WORK - ENTRADA DEL PASEO 108906 5,196.47 W1 00002499 08/19/2024 OTIS ELEVATOR CO 5104195 4369500 FUEL IMPACT FEE - SUBSTATION F10000198808 95.00 W1 00002500 08/19/2024 PUB Construction Inc 2424549 4331101 TO005318-PDAC-CFA00009ADABENCH 305374 1,887.20 W1 00002500 08/19/2024 PUB Construction Inc 4004330 4400100 TO009004-Corp Yard Office 305373 10,976.00 W1 00002500 08/19/2024 PUB Construction Inc 4004330 4400100 TO009030-Corp Yard Restrooms 305376 5,980.00 W1 00002500 08/19/2024 PUB Construction Inc 4004330 4400100 TO008251-CorpYardRESTROOM 305377 29,720.00 W1 00002500 08/19/2024 PUB Construction Inc 5104361 4400100 TO005939- Parkview-MFA00002 305375 15,680.00 W1 00002501 08/19/2024 Q3 CONSULTING 1104159 4219100 N. PD CITY LIMIT IMPRV JUN2024 32381 13,301.00 W1 00002502 08/19/2024 USA SHADE & FABRIC STRUCTURES INC 1104159 4219100 August '23 Weather Event: Park 1342291 94,168.82 W1 00002503 08/19/2024 VINTAGE ASSOCIATES 1104611 4332001 LMA 16 EXTRA WORK - PARKS 233577 6,237.50 W1 02003921 08/19/2024 AT&T 1104210 4304200 Sheriff LEA Track T240990101 517624 375.00 W1 02003922 08/19/2024 CASH, PETTY- 2524662 4404000 Library Indr AQ Monitor 06302024GS 73.69 W1 02003923 08/19/2024 COUNTY OF RIVERSIDE SHERIFF 1104210 4217000 FY 23/24 BSU Fuel - MY24 SH0000046420 458.87 W1 02003923 08/19/2024 COUNTY OF RIVERSIDE SHERIFF 1104210 4217000 FY23/24 Police Motor Fuel MY24 SH0000046412 2,019.30 W1 02003924 08/19/2024 DEPARTMENT OF INDUSTRIAL 2424549 4364000 06-24 BLUE SLIDE INSPECTIONFEE P 2074318 SN 292.50 W1 02003924 08/19/2024 DEPARTMENT OF INDUSTRIAL 2424549 4364000 06-24 WHITE SLIDE INSPCTIONFEE P 2074321 SN 390.00 W1 02003925 08/19/2024 DESERT AIR CONDITIONING INC. 4414195 4809200 R/M HVAC - DESERT WILLOW 251962 38,029.00 W1 02003925 08/19/2024 DESERT AIR CONDITIONING INC. 4414195 4809200 R/M HVAC - DESERT WILLOW 251963 22,658.00 W1 02003925 08/19/2024 DESERT AIR CONDITIONING INC. 1104340 4331000 R/M HVAC - HISTORICAL SOCIETY 250968 4,641.00 W1 02003925 08/19/2024 DESERT AIR CONDITIONING INC. 1104340 4331000 R/M HVAC - CITY HALL 251013 547.11 Report Date 08/19/2024 Page 1
City and Housing
Docusign Envelope ID: D742A303-88D2-428C-B5AC-05B7F126EC54 51 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/19/2024 - 8/19/2024
City of Palm Desert
Account Number
W1 02003925 08/19/2024 DESERT AIR CONDITIONING INC. 1104340 4331000 R/M HVAC - CITY HALL 251019 3,771.45 W1 02003925 08/19/2024 DESERT AIR CONDITIONING INC. 2304220 4331000 HVAC SRVS - FS #71 250980 118.00 W1 02003925 08/19/2024 DESERT AIR CONDITIONING INC. 1104330 4331000 HVAC PM - CORPORATION YARD 250983 1,949.00 W1 02003925 08/19/2024 DESERT AIR CONDITIONING INC. 2304220 4331000 HVAC PM - FIRE STATION 67 / 71 250983 1,097.00 W1 02003925 08/19/2024 DESERT AIR CONDITIONING INC. 4254430 4395000 HVAC PM - iHUB BUILDING 250983 1,608.00 W1 02003926 08/19/2024 DESERT ARC 2204800 4388000 CDBG FY22/23 CDBGFY2223FY2324 80,000.00 W1 02003926 08/19/2024 DESERT ARC 2204800 4388000 CDBG FY2324 CDBGFY2223FY2324 29,895.00 W1 02003927 08/19/2024 DOKKEN ENGINEERING 2134359 4400100 JUN24 SVCS 46733 2,265.00 W1 02003928 08/19/2024 Empower Retirement LLC 1104159 4309000 401a Quarterly Fee 01-03/2024 400320 250.00 W1 02003928 08/19/2024 Empower Retirement LLC 1104159 4309000 457b Quarterly Fee 01-03/2024 400362 250.00 W1 02003928 08/19/2024 Empower Retirement LLC 1104159 4309000 457b Quarterly Fee 04-06/2024 408017 250.00 W1 02003928 08/19/2024 Empower Retirement LLC 1104159 4309000 401a Quarterly Fee 04-06/2024 407496 250.00 W1 02003929 08/19/2024 ETCH THIS AND THAT 1104111 4306300 Mel Mason BCC Clock 10812 102.20 W1 02003930 08/19/2024 EXCEL LANDSCAPE INC 1104159 4219100 TO006638-Citywide Storm Hilary 109113 1,016.58 W1 02003931 08/19/2024 GERALD FORD PARENT TEACHER 1104800 4388100 OA 23/24 Y23/24 C45560F 2,500.00 W1 02003932 08/19/2024 GLOBAL CTI GROUP INC. 1104190 4336000 Mitel Maintenance 2/15 169599 75.00 W1 02003933 08/19/2024 HORIZON LIGHTING INC. 1104340 4331000 R/M ELECT / LIGHT - CITY HALL 357628 586.75 W1 02003934 08/19/2024 KINCAID INDUSTRIES INC 4524136 4400100 Lib. Repairs restrm 6/12, 6/13 5531 1,598.25 W1 02003934 08/19/2024 KINCAID INDUSTRIES INC 4524136 4400100 Lib Explore leak 6/20,25,26 5533 1,770.00 W1 02003935 08/19/2024 KOA CORPORATION 2134327 5000903 ENG SVS HAYSTAC 05/25-06/28/24 JC22036-27 12,927.30 W1 02003936 08/19/2024 MARGARET SULLIVAN STUDIO 1104159 4309000 Library Consult Fee 100% 50275 17,600.00 W1 02003936 08/19/2024 MARGARET SULLIVAN STUDIO 1104159 4309000 Library Consult Fee 100% 50275 7,312.50 W1 02003936 08/19/2024 MARGARET SULLIVAN STUDIO 1104159 4309000 Reimbursable Exp thru 10/27/23 50194 4,901.09 W1 02003936 08/19/2024 MARGARET SULLIVAN STUDIO 1104159 4309000 Reimbursable Exp thru 1/12/24 50231 1,403.46 W1 02003936 08/19/2024 MARGARET SULLIVAN STUDIO 1104159 4309000 Reimbursable Exp FINAL INVOICE 50226 15,505.68 W1 02003937 08/19/2024 MILLENNIUM PALM DESERT HOA INC 1104159 4309300 REIMB LNDSCP INSTALL - C47330 REIMB-233076 20,265.00 W1 02003938 08/19/2024 PACIFIC TRUCK EQUIPMENT INC 1104331 4334000 R/M TAILGATE VEHICLE #63 77200 2,285.87 Report Date 08/19/2024 Page 2
City and Housing
Docusign Envelope ID: D742A303-88D2-428C-B5AC-05B7F126EC54 52 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/19/2024 - 8/19/2024
City of Palm Desert
Account Number
W1 02003939 08/19/2024 PALMER ELECTRIC 4524136 4400100 Lib- Electrical 6/28/24 5734 568.45 W1 02003939 08/19/2024 PALMER ELECTRIC 4524136 4400100 Lib- Elect. repr/relocte/cover 5730 2,030.05 W1 02003940 08/19/2024 PLAZA TOWING 1104210 4304200 Sheriff Towing - T241660040 24-0614-32065 240.00 W1 02003940 08/19/2024 PLAZA TOWING 1104210 4304200 Sheriff Towing-T241450011 24-0524-31731 360.00 W1 02003941 08/19/2024 SUNLINE TRANSIT AGENCY 2384515 4322300 24 STUDENT ART SPONSORSHIP 24BUSWRAPSPONSOR 7,000.00 W1 02003942 08/19/2024 T-MOBILE USA INC 1104210 4304200 Sheriff Timing Ad. T241660011 9572751027 50.00 W1 02003943 08/19/2024 UNITED STATES TREASURY 1100000 2160100 2% LATE PENALTY ON TAX DEPOSIT CP161 1,300.82 W1 02003943 08/19/2024 UNITED STATES TREASURY 1100000 2160100 Dec 31, 2023-form 941 adjstmnt CP220 1,337.46 W1 02003943 08/19/2024 UNITED STATES TREASURY 1100000 2160300 2% LATE PENALTY MEDI DEPOSIT CP161 38.85 W1 02003943 08/19/2024 UNITED STATES TREASURY 1100000 2160300 Dec 31, 2023-form 941 adjstmnt CP220 52.83 W1 02003944 08/19/2024 VONNEGUT, SHANNON 2524662 4312000 ALA -Hotel Reimbrsmt only ALA VONNEGUT-2 303.23 Examined and Approved Total For Bank ID - W1
552,749.22 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 08/19/2024 Page 3
City and Housing
Docusign Envelope ID: D742A303-88D2-428C-B5AC-05B7F126EC54 53 54
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/22/2024 - 8/22/2024
City of Palm Desert
Account Number
W1 00002504 08/22/2024 ALLIANT INSURANCE SERVICES INC 1104416 4306101 Insurance 7/4/24 event 2714196 3,158.00 W1 00002505 08/22/2024 Amazon Capital Services Inc. 1104111 4211000 Sign Holder-ACR 1417-WQVP-6NRJ 81.89 W1 00002505 08/22/2024 Amazon Capital Services Inc. 1104111 4211000 Avery A-Z Tabs 1NWX-1LWG-7CP1 26.48 W1 00002505 08/22/2024 Amazon Capital Services Inc. 1104159 4211000 Super & Bright Red Post-Its 1W99-6647-4TLQ 23.26 W1 00002505 08/22/2024 Amazon Capital Services Inc. 1104159 4404000 Mesa Safe for James' office 1HHK-LJLW-DHWW 1,312.41 W1 00002506 08/22/2024 AMERICAN LANDSCAPE INC 4410000 2060000 RTNT P116950/C44200B RTN-5247 -32,733.55 W1 00002506 08/22/2024 AMERICAN LANDSCAPE INC 4410000 2060000 OVERPAYMENT INV 5238 INV 5238-OPC 2,375.00 W1 00002506 08/22/2024 AMERICAN LANDSCAPE INC 4414195 4809200 DW GREENS/TEE BOX RENO / TURF 5247 654,671.13 W1 00002506 08/22/2024 AMERICAN LANDSCAPE INC 4414195 4809200 OVERPAYMENT INV 5238 INV 5238-OPC -47,500.01 W1 00002506 08/22/2024 AMERICAN LANDSCAPE INC 4414195 4809200 OVERPAYMENT CORRECTION $0.03 INV 5239-OPC -0.03 W1 00002507 08/22/2024 BRAINFUSE LLC 2524662 4362001 FY 24/25 BRAINFUSE 2012622 6,875.00 W1 00002508 08/22/2024 CDW LLC 1104190 4212000 Belkin 12ft Coil Handset Cord AA1L58X 50.16 W1 00002508 08/22/2024 CDW LLC 5304190 4404000 R-Dell Computers ST02272 10,395.49 W1 00002508 08/22/2024 CDW LLC 1104190 4362001 FY24/25 ADOBE RENEWAL SQ25173 16,617.26 W1 00002509 08/22/2024 DESERT PUBLICATIONS INC 1104417 4322100 The Guide/Annual Desert Living 56513 4,950.00 W1 00002509 08/22/2024 DESERT PUBLICATIONS INC 1104417 4322100 City Advertorial Vision 4 pg 56512 4,200.00 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 234LD4 MAINTENANCE FBN5087754 136.25 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3PJ MAINTENANCE FBN5087754 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3QC MAINTENANCE FBN5087754 110.20 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3RD MAINTENANCE FBN5087754 107.97 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V458 MAINTENANCE FBN5087754 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3PN MAINTENANCE FBN5087754 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3S3 MAINTENANCE FBN5087754 121.08 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3PC MAINTENANCE FBN5087754 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MTQF MAINTENANCE FBN5087754 103.00 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG3C MAINTENANCE FBN5087754 109.96 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG3H MAINTENANCE FBN5087754 109.96 Report Date 08/22/2024 Page 1
City and Housing
Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 55 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/22/2024 - 8/22/2024
City of Palm Desert
Account Number
W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG55 MAINTENANCE FBN5087754 107.97 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG58 MAINTENANCE FBN5087754 94.67 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MTQG MAINTENANCE FBN5087754 136.93 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG42 MAINTENANCE FBN5087754 107.97 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG5R MAINTENANCE FBN5087754 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG5W MAINTENANCE FBN5087754 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MTQB MAINTENANCE FBN5087754 147.15 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MTQD MAINTENANCE FBN5087754 141.73 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG34 MAINTENANCE FBN5087754 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG4H MAINTENANCE FBN5087754 107.97 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG3S MAINTENANCE FBN5087754 94.67 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG5X MAINTENANCE FBN5087754 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG63 MAINTENANCE FBN5087754 103.00 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MP7V MAINTENANCE FBN5087754 63.00 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MP7V ADDITIONAL MAINT FBN5087754 6.00 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3QW MAINTENANCE FBN5087754 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3MJ MAINTENANCE FBN5087754 103.00 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3NF MAINTENANCE FBN5087754 109.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3P3 MAINTENANCE FBN5087754 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3P5 MAINTENANCE FBN5087754 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3P8 MAINTENANCE FBN5087754 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 234LD4 LEASE FBN5087754 910.24 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3PJ LEASE FBN5087754 511.76 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3QC LEASE FBN5087754 572.93 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3RD LEASE FBN5087754 303.63 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V458 LEASE FBN5087754 551.00 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3PN LEASE FBN5087754 570.43 Report Date 08/22/2024 Page 2
City and Housing
Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 56 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/22/2024 - 8/22/2024
City of Palm Desert
Account Number
W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3S3 LEASE FBN5087754 520.99 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3PC LEASE FBN5087754 520.99 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MTQF LEASE FBN5087754 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG3C LEASE FBN5087754 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG3H LEASE FBN5087754 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG55 LEASE FBN5087754 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG58 LEASE FBN5087754 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MTQG LEASE FBN5087754 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG42 LEASE FBN5087754 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG5R LEASE FBN5087754 33.24 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG5W LEASE FBN5087754 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MTQB LEASE FBN5087754 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MTQD LEASE FBN5087754 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG34 LEASE FBN5087754 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG4H LEASE FBN5087754 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG3S LEASE FBN5087754 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG5X LEASE FBN5087754 33.27 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG63 LEASE FBN5087754 33.27 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MP7V LEASE FBN5087754 33.47 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3QW LEASE FBN5087754 459.07 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3MJ LEASE FBN5087754 231.12 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3NF LEASE FBN5087754 534.64 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3P3 LEASE FBN5087754 543.51 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3P5 LEASE FBN5087754 543.51 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3P8 LEASE FBN5087754 520.99 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 234LD4 MAINTENANCE FBN5098158 136.25 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3PJ MAINTENANCE FBN5098158 111.83 Report Date 08/22/2024 Page 3
City and Housing
Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 57 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/22/2024 - 8/22/2024
City of Palm Desert
Account Number
W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3QC MAINTENANCE FBN5098158 110.20 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3RD MAINTENANCE FBN5098158 107.97 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V458 MAINTENANCE FBN5098158 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V458 ADDITIONAL MAINT FBN5098158 37.50 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3PN MAINTENANCE FBN5098158 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3S3 MAINTENANCE FBN5098158 121.08 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3PC MAINTENANCE FBN5098158 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MTQF MAINTENANCE FBN5098158 103.00 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG3C MAINTENANCE FBN5098158 109.96 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG3H MAINTENANCE FBN5098158 109.96 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG55 MAINTENANCE FBN5098158 107.97 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG58 MAINTENANCE FBN5098158 94.67 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MTQG MAINTENANCE FBN5098158 136.93 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG42 MAINTENANCE FBN5098158 107.97 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG5R MAINTENANCE FBN5098158 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG5R ADDITIONAL MAINT FBN5098158 38.39 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG5W MAINTENANCE FBN5098158 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MTQB MAINTENANCE FBN5098158 147.15 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MTQD MAINTENANCE FBN5098158 141.73 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG34 MAINTENANCE FBN5098158 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG34 ADDITIONAL MAINT FBN5098158 153.77 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG4H MAINTENANCE FBN5098158 107.97 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG3S MAINTENANCE FBN5098158 94.67 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG5X MAINTENANCE FBN5098158 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG63 MAINTENANCE FBN5098158 103.00 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MP7V MAINTENANCE FBN5098158 63.00 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22MP7V ADDITIONAL MAINT FBN5098158 6.00 Report Date 08/22/2024 Page 4
City and Housing
Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 58 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/22/2024 - 8/22/2024
City of Palm Desert
Account Number
W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3QW MAINTENANCE FBN5098158 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3MJ MAINTENANCE FBN5098158 103.00 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3NF MAINTENANCE FBN5098158 109.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3P3 MAINTENANCE FBN5098158 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3P5 MAINTENANCE FBN5098158 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3P8 MAINTENANCE FBN5098158 111.83 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 234LD4 LEASE FBN5098158 698.69 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3PJ LEASE FBN5098158 511.76 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3QC LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3RD LEASE FBN5098158 303.63 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V458 LEASE FBN5098158 551.00 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3PN LEASE FBN5098158 570.43 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3S3 LEASE FBN5098158 520.99 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3PC LEASE FBN5098158 520.99 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MTQF LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG3C LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG3H LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG55 LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG58 LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MTQG LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG42 LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG5R LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG5W LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MTQB LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MTQD LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG34 LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG4H LEASE FBN5098158 26.94 Report Date 08/22/2024 Page 5
City and Housing
Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 59 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/22/2024 - 8/22/2024
City of Palm Desert
Account Number
W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG3S LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG5X LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG63 LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22MP7V LEASE FBN5098158 26.94 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3QW LEASE FBN5098158 459.07 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3MJ LEASE FBN5098158 191.76 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3NF LEASE FBN5098158 42.35 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3P3 LEASE FBN5098158 543.51 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3P5 LEASE FBN5098158 543.51 W1 00002510 08/22/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3P8 LEASE FBN5098158 520.99 W1 00002511 08/22/2024 FG CREATIVE INC 2424549 4309000 Retainer: account mana_ August 10258 1,800.00 W1 00002511 08/22/2024 FG CREATIVE INC 2424549 4309000 Public Relations Services_ Aug 10258 300.00 W1 00002511 08/22/2024 FG CREATIVE INC 2424549 4309000 Social Media Posting-Aug 10258 1,000.00 W1 00002511 08/22/2024 FG CREATIVE INC 2424549 4309000 Facebook Campaign 10258 76.00 W1 00002511 08/22/2024 FG CREATIVE INC 2424549 4309000 U-92; PDAC July - 75866-1_Aug 10258 550.00 W1 00002511 08/22/2024 FG CREATIVE INC 2424549 4309000 Alpha Mix 100.5; PDAC July24 10258 1,920.00 W1 00002511 08/22/2024 FG CREATIVE INC 2424549 4309000 Radio & TV Placement: Alpha, U 10258 1,840.00 W1 00002511 08/22/2024 FG CREATIVE INC 2424549 4309000 Radio & TV Placement: Alpha, M 10258 550.00 W1 00002511 08/22/2024 FG CREATIVE INC 2424549 4309000 Retainer: Monthly acct Jul24 10251 1,800.00 W1 00002511 08/22/2024 FG CREATIVE INC 2424549 4309000 Public Relations Services Jul2 10251 300.00 W1 00002511 08/22/2024 FG CREATIVE INC 2424549 4309000 E-Newsletter: develop and dist 10251 250.00 W1 00002511 08/22/2024 FG CREATIVE INC 2424549 4309000 Social Media Posting: 10251 1,000.00 W1 00002511 08/22/2024 FG CREATIVE INC 2424549 4309000 Graphic Design: new Collateral 10251 1,000.00 W1 00002511 08/22/2024 FG CREATIVE INC 2424549 4309000 Print: Desert Health News Jul2 10251 892.00 W1 00002511 08/22/2024 FG CREATIVE INC 1104430 4309000 Retainer-El Paseo outrch JN24 10244 1,500.00 W1 00002511 08/22/2024 FG CREATIVE INC 1104430 4309000 Retainer-El Paseo outrch JL24 10257 1,500.00 W1 00002512 08/22/2024 GRANICUS INC 1104190 4362001 Website Redesign 187745 10,000.00 Report Date 08/22/2024 Page 6
City and Housing
Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 60 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/22/2024 - 8/22/2024
City of Palm Desert
Account Number
W1 00002513 08/22/2024 HR GREEN PACIFIC INC 4414195 4809200 DW FIRECLIFF INSP & CONSTR MGM 177876 25,640.00 W1 00002514 08/22/2024 KEYSER MARSTON ASSOCIATES INC 1104159 4309000 North Annexation FIA 0038975 6,657.50 W1 00002515 08/22/2024 LIBRARY IDEAS LLC 2524662 4362001 FY 24/25 FREEGAL MUSIC STREAMI 114622 3,200.00 W1 00002516 08/22/2024 MUNICIPAL MEDIA CORPORATION 1104190 4362001 24/25 RECYCLE COACH SOFTWARE 7675 7,850.00 W1 00002517 08/22/2024 STAPLES BUSINESS ADVANTAGE 2524662 4211000 Library office supplies 6009124579 136.21 W1 00002517 08/22/2024 STAPLES BUSINESS ADVANTAGE 2524662 4211000 Library office supplies 6009124581 49.78 W1 00002517 08/22/2024 STAPLES BUSINESS ADVANTAGE 1104150 4211000 Batteries, Copy paper, Eraser 6008714030 31.92 W1 00002517 08/22/2024 STAPLES BUSINESS ADVANTAGE 1104150 4211000 Copy paper 6008714030 103.18 W1 00002518 08/22/2024 USPS POC 8030860 1100000 1010600 Add funds to postage meter 08132024 10,000.00 W1 00002519 08/22/2024 VERIZON WIRELESS SERVICES LLC 1100000 2289950 EOC JUL08-AUG07 9970865301 64.50 W1 00002520 08/22/2024 VITAC CORPORATION 1104190 4362001 Live Captioning Svs JuL24 INVVIT124553 405.00 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2724374 4309000 LLD ADMIN - PARKVIEW ESTATES 010-58730 100.00 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2734680 4309000 LLD ADMIN - DESERT MIRAGE 010-58730 228.14 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2734681 4309000 LLD ADMIN - SANDCASTLES 010-58730 178.54 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2734682 4309000 LLD ADMIN - PRIMROSE II 010-58730 234.09 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2754643 4309000 LLD ADMIN - DIAMONDBACK 010-58730 218.25 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2754680 4309000 LLD ADMIN - MONTEREY MEADOWS 010-58730 235.08 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2754681 4309000 LLD ADMIN - HOVLEY GLEN 010-58730 216.23 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2754682 4309000 LLD ADMIN - HOVLEY ESTATES 010-58730 217.22 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2754683 4309000 LLD ADMIN - SONATA I 010-58730 216.23 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2754684 4309000 LLD ADMIN - SONATA II 010-58730 276.74 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2754685 4309000 LLD ADMIN - HOVLEY COLLECTION 010-58730 234.09 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2754686 4309000 LLD ADMIN - LA PALOMA I 010-58730 217.22 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2754687 4309000 LLD ADMIN - LA PALOMA II 010-58730 217.22 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2754693 4309000 LLD ADMIN - LA PALOMA III 010-58730 214.64 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2754694 4309000 LLD ADMIN - SANDPIPER COURT 010-58730 215.54 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2754695 4309000 LLD ADMIN - SANDPIPER WEST 010-58730 215.54 Report Date 08/22/2024 Page 7
City and Housing
Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 61 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/22/2024 - 8/22/2024
City of Palm Desert
Account Number
W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2754696 4309000 LLD ADMIN - HOVLEY CT WEST 010-58730 215.54 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2754697 4309000 LLD ADMIN - PALM COURT 010-58730 175.74 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2764374 4309000 LLD ADMIN - CANYON COVE 010-58730 379.90 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2784374 4309000 LLD ADMIN - VINEYARDS 010-58730 320.38 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2794374 4309000 LLD ADMIN - WARING COURT 010-58730 216.23 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2804374 4309000 LLD ADMIN - PALM GATE 010-58730 233.09 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2814374 4309000 LLD ADMIN - THE GROVE 010-58730 284.67 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2834374 4309000 LLD ADMIN - PORTOLA PLACE 010-58730 222.18 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2854374 4309000 LLD ADMIN - KAUFMAN AND BROAD 010-58730 331.29 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2864374 4309000 LLD ADMIN - CANYON CREST 010-58730 271.50 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2874374 4309000 LLD ADMIN - COLLEGE VIEW ESTAT 010-58730 222.78 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2874680 4309000 LLD ADMIN - THE BOULDERS 010-58730 173.29 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2874681 4309000 LLD ADMIN - SUNDANCE WEST 010-58730 222.78 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2874682 4309000 LLD ADMIN - PETUNIA I 010-58730 173.29 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2874683 4309000 LLD ADMIN - SUNDANCE EAST 010-58730 172.07 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2874684 4309000 LLD ADMIN - COLLEGE VIEW ESTAT 010-58730 183.10 W1 00002521 08/22/2024 WILLDAN FINANCIAL SERVICES 2994374 4309000 LLD ADMIN - PALM DESERT CC 010-58730 1,561.24 W1 02003945 08/22/2024 ALPHA MEDIA LLC 1104416 4306101 Media - 4th of July AD U92.7 754354-1 4,300.00 W1 02003945 08/22/2024 ALPHA MEDIA LLC 1104416 4306101 JULY 4TH EVENT ADVERTISING 754355-1 250.00 W1 02003945 08/22/2024 ALPHA MEDIA LLC 1104416 4306101 JULY 4TH EVENT ADVERTISING 754355-2 250.00 W1 02003945 08/22/2024 ALPHA MEDIA LLC 1104416 4306101 JULY 4TH EVENT ADVERTISING 754358-1 700.00 W1 02003945 08/22/2024 ALPHA MEDIA LLC 1104416 4306101 JULY 4TH EVENT ADVERTISING 754356-1 700.00 W1 02003946 08/22/2024 AMERICAN ASPHALT SOUTH INC 2110000 2060000 RTNT P117105/C47160 2024-1917-RTNT -33,383.88 W1 02003946 08/22/2024 AMERICAN ASPHALT SOUTH INC 2114311 4391505 CST00021-CV Link Enhancements 2024-1917 667,677.56 W1 02003946 08/22/2024 AMERICAN ASPHALT SOUTH INC 2130000 2060000 RTNT P117105/C47160 2024-1917-RTNT -2,338.19 W1 02003946 08/22/2024 AMERICAN ASPHALT SOUTH INC 2134311 4332000 CST00021-CV Link Enhancements 2024-1917 46,763.85 W1 02003947 08/22/2024 ANDREW CABRAL PHOTOGRAPHY 1104417 4321700 2024 FIREWORKS PHOTOGRAPHY 7232024 300.00 Report Date 08/22/2024 Page 8
City and Housing
Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 62 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/22/2024 - 8/22/2024
City of Palm Desert
Account Number
W1 02003948 08/22/2024 BEST SIGNS INC. 4364650 4309200 PUBLIC ART SIGNAGE CIVIC CNTR 98306 4,880.88 W1 02003949 08/22/2024 C V A G 1104159 4363000 FY24-25 MBRSHP Dues Assessmnt CV25009-24 78,433.00 W1 02003950 08/22/2024 CALIFORNIA CITY MANAGEMENT 1104130 4363000 2024-2025 Mbrship C. Escobedo 10060 400.00 W1 02003951 08/22/2024 CBRE INC 1104430 4309000 Real Estate Brokerage, Advisor 2023-273215-009 5,000.00 W1 02003952 08/22/2024 CEJA, ERIC 1104430 4311500 Mileage Reimbursement CEJAMILEMALLMTG 176.45 W1 02003953 08/22/2024 CHAD VAN HORN 4364650 4309200 Photography 38824 250.00 W1 02003954 08/22/2024 CLIENTFIRST TECHNOLOGY CONSULTING 1104190 4309000 Telecom Consulting JUNE-JULY24 17010 1,435.00 W1 02003955 08/22/2024 DANIEL HURTADO 1104211 4311500 Mileage 7/9 -7/11/24 CERTHurta CERTMILE07.09.24 223.91 W1 02003956 08/22/2024 DAVID REYES JR. 1104300 4391500 24-08BOOTREIM-DR 24-08BOOTREIM-DR 250.00 W1 02003957 08/22/2024 DESERT VALLEYS BUILDERS 1104430 4312500 DVBA August Networking Event 1122048 90.00 W1 02003958 08/22/2024 ENGINEERING RESOURCES 4204370 5000454 JULY 2024 SVCS 60563 12,990.50 W1 02003958 08/22/2024 ENGINEERING RESOURCES 2354270 4400100 JULY 2024 SVCS 60605 5,566.70 W1 02003959 08/22/2024 GILBERT, LANA 1100000 3188330 Reimb for overpayment TOT 016477-REIMB 52.80 W1 02003960 08/22/2024 GLS US 1104111 4366000 Jacobsson/PBK Arch Contracts 5346200 9.74 W1 02003961 08/22/2024 GOGOVAPPS 1100000 1430100 Gogov Renewal FY25/26 24-409 5,400.00 W1 02003961 08/22/2024 GOGOVAPPS 1104190 4362001 Gogov Renewal FY24/25 24-409 16,200.00 W1 02003962 08/22/2024 I I M C 1104111 4363000 Castellano IIMC Mem Dues IIMC E.CAST MEM 125.00 W1 02003963 08/22/2024 JACOBSSON ENGINEERING 4410000 2060000 RTNT P116750/C46310 348-005-RTNT -268.80 W1 02003963 08/22/2024 JACOBSSON ENGINEERING 4414195 4809200 Correction for PO P116750 348-002-CRA -214,570.00 W1 02003963 08/22/2024 JACOBSSON ENGINEERING 4414195 4809200 DW PARKING IMPROVEMENTS 348-002-CRB 176,450.00 W1 02003963 08/22/2024 JACOBSSON ENGINEERING 4414195 4809200 CO#1 - DW PARKING LOT 348-002-CRB 21,298.00 W1 02003963 08/22/2024 JACOBSSON ENGINEERING 4414195 4809200 CO#2 DW PARKING LOT 348-002-CRB 16,822.00 W1 02003963 08/22/2024 JACOBSSON ENGINEERING 4414195 4809200 DW PARKING IMPROVEMENTS 348-005 5,376.00 W1 02003964 08/22/2024 LEADERSHIP COACHELLA VALLEY 1104154 4309000 2024-2025 Tuition M. de Vera 563 1,400.00 W1 02003965 08/22/2024 M & M SWEEPING INC. 1104310 4332000 JL24 CITYWIDE STREET SWEEPING 67540 16,604.50 W1 02003965 08/22/2024 M & M SWEEPING INC. 1104330 4331000 JL24 PARKING LOT SWEEPING - CY 67540 355.25 W1 02003965 08/22/2024 M & M SWEEPING INC. 1104610 4332100 PARKING LOT SWEEPING - CC PARK 67540 798.00 Report Date 08/22/2024 Page 9
City and Housing
Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 63 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/22/2024 - 8/22/2024
City of Palm Desert
Account Number
W1 02003965 08/22/2024 M & M SWEEPING INC. 1104611 4332501 PARKING LOT SWEEPING - PARKS 67540 643.50 W1 02003965 08/22/2024 M & M SWEEPING INC. 1104614 4392101 PARKING LOT SWEEPING - ENTRADA 67540 258.00 W1 02003965 08/22/2024 M & M SWEEPING INC. 2424549 4331101 PARKING LOT SWEEPING - PDAC 67540 146.25 W1 02003965 08/22/2024 M & M SWEEPING INC. 2774373 4309103 PARKING LOT SWEEPING - PP E/W 67540 619.50 W1 02003965 08/22/2024 M & M SWEEPING INC. 2824373 4309103 PARKING LOT SWEEPING - PP III 67540 478.50 W1 02003965 08/22/2024 M & M SWEEPING INC. 5104195 4369601 PARKING LOT SWEEPING - PARKVIE 67540 196.50 W1 02003966 08/22/2024 MARINA LANDSCAPE INC 4410000 2060000 RTNT P117085/C46310A 152402-02R -99.00 W1 02003966 08/22/2024 MARINA LANDSCAPE INC 4414195 4809200 JULY 2024 SVCS 152402-02 1,980.00 W1 02003967 08/22/2024 MELANIE SLATER 1104300 4311500 2024-07 ESRI MILAGE 0724MS-ESRI 159.46 W1 02003967 08/22/2024 MELANIE SLATER 1104300 4312000 2024-07 ESRI MEALS 0724MS-ESRI 407.00 W1 02003967 08/22/2024 MELANIE SLATER 1104300 4312000 2024-07 ESRI LODGING 0724MS-ESRI 1,380.00 W1 02003967 08/22/2024 MELANIE SLATER 1104300 4312000 2024-07 ESRI PARKING 0724MS-ESRI 120.00 W1 02003967 08/22/2024 MELANIE SLATER 1104300 4312000 2024-07 ESRI TRANSPORTAION 0724MS-ESRI 32.73 W1 02003968 08/22/2024 NEW WEST LANDSCAPE 8734195 4337000 PPMHP Landscape for #73 & #129 202408-11 300.00 W1 02003969 08/22/2024 PALMER ELECTRIC 1104610 4332100 R/M ELECT - CIVIC CENTER PARK 5738 1,000.30 W1 02003969 08/22/2024 PALMER ELECTRIC 1104610 4332100 R/M ELECT - CIVIC CENTER PARK 5740 1,558.96 W1 02003969 08/22/2024 PALMER ELECTRIC 1104610 4332100 R/M ELECT - CIVIC CENTER PARK 5806 1,248.90 W1 02003969 08/22/2024 PALMER ELECTRIC 1104610 4332100 R/M ELECT - CIVIC CENTER PARK 5807 479.68 W1 02003969 08/22/2024 PALMER ELECTRIC 1104610 4332100 R/M ELECT - CIVIC CENTER PARK 5813 275.49 W1 02003969 08/22/2024 PALMER ELECTRIC 1104611 4332501 R/M ELECT - JOEMANN PARK 5757 359.76 W1 02003969 08/22/2024 PALMER ELECTRIC 1104611 4332501 R/M ELECT - CAHUILLA HILLS 5759 839.44 W1 02003969 08/22/2024 PALMER ELECTRIC 1104611 4332501 R/M ELECT - JOEMANN PARK 5772 942.76 W1 02003969 08/22/2024 PALMER ELECTRIC 1104611 4332501 R/M ELECT - JOEMANN PARK 5781 260.88 W1 02003969 08/22/2024 PALMER ELECTRIC 1104611 4332501 R/M ELECT - UNIVERSITY PARK 5789 119.92 W1 02003969 08/22/2024 PALMER ELECTRIC 1104611 4332501 R/M ELECT - UNIVERSITY PARK 5790 261.59 W1 02003969 08/22/2024 PALMER ELECTRIC 1104614 4332501 R/M ELECT - MEDIANS 5758 239.84 W1 02003969 08/22/2024 PALMER ELECTRIC 2304220 4331000 R/M ELECT - FS #67 5794 526.99 Report Date 08/22/2024 Page 10
City and Housing
Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 64 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/22/2024 - 8/22/2024
City of Palm Desert
Account Number
W1 02003969 08/22/2024 PALMER ELECTRIC 2424549 4331101 R/M ELECT - PDAC 5748 599.60 W1 02003969 08/22/2024 PALMER ELECTRIC 2424549 4331101 R/M ELECT - PDAC 5788 719.52 W1 02003969 08/22/2024 PALMER ELECTRIC 4414195 4332000 R/M ELECT - DESERT WILLOW 5737 119.92 W1 02003970 08/22/2024 PBK ARCHITECTS INC 2354270 4400100 JULY 2024 SVCS PP#14 9,441.14 W1 02003971 08/22/2024 PLAY AND PARK STRUCTURES 1104618 4400100 AMEND #1 EXTEND TERM/ADD FUNDS PJI-0061669 17,252.00 W1 02003971 08/22/2024 PLAY AND PARK STRUCTURES 2334618 4400100 FITNESS EQUIPMENT - CC PARK PJI-0057670 207,954.25 W1 02003972 08/22/2024 POWERFUL PEST MANAGEMENT 1104610 4309200 JULY24 PEST: CC PARK 313745 185.00 W1 02003972 08/22/2024 POWERFUL PEST MANAGEMENT 1104611 4332001 JULY24 PEST: CAHUILLA HILLS 313747 25.00 W1 02003972 08/22/2024 POWERFUL PEST MANAGEMENT 1104611 4332001 JULY24 PEST: HOVELY PARK 313749 38.00 W1 02003972 08/22/2024 POWERFUL PEST MANAGEMENT 1104611 4332001 JULY24 PEST: IRONWOOD PARK 313750 28.00 W1 02003972 08/22/2024 POWERFUL PEST MANAGEMENT 1104611 4332001 JULY24 PEST: MAG FALLS 313752 38.00 W1 02003972 08/22/2024 POWERFUL PEST MANAGEMENT 1104611 4332001 JULY24 PEST: PALMA PARK 313753 25.00 W1 02003972 08/22/2024 POWERFUL PEST MANAGEMENT 1104611 4332001 JULY24 PEST: FREEDOM PARK 313748 75.00 W1 02003972 08/22/2024 POWERFUL PEST MANAGEMENT 1104611 4332001 JULY24 PEST: JOE MANN PARK 313751 25.00 W1 02003972 08/22/2024 POWERFUL PEST MANAGEMENT 1104611 4332001 JULY24 PEST: UNIVERSITY DOG PK 313754 25.00 W1 02003972 08/22/2024 POWERFUL PEST MANAGEMENT 1104611 4332001 JULY24 PEST: UNIVERSITY PARK 313755 25.00 W1 02003972 08/22/2024 POWERFUL PEST MANAGEMENT 1104611 4391000 JULY24 PEST: COMMUNITY GARDENS 313746 25.00 W1 02003972 08/22/2024 POWERFUL PEST MANAGEMENT 1104800 4388500 JULY24 PEST: ART CENTER 311992 99.00 W1 02003972 08/22/2024 POWERFUL PEST MANAGEMENT 2424549 4331101 JULY24 PEST: AQUATIC CTR 312276 185.00 W1 02003973 08/22/2024 PROPER SOLUTIONS INC. 1104111 4300300 Full Time Temporary Employee 16211 1,401.20 W1 02003973 08/22/2024 PROPER SOLUTIONS INC. 1104150 4300300 0719-Christine J. Admin Temp 16165 1,706.40 W1 02003973 08/22/2024 PROPER SOLUTIONS INC. 1104150 4300300 7/26- Christine J. Admin Temp 16188 1,706.40 W1 02003973 08/22/2024 PROPER SOLUTIONS INC. 1104150 4300300 8/9- Christine J. Admin Temp 16237 1,365.12 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 PD Srv Area 19 LS-1-E 700400365524JL24 2,934.31 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 Traffic lamps LS-2 700524045271JL24 340.02 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 42991 1/2 San Pablo 700653799848JL24 117.33 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 1104340 4351400 73510 FW City Hall 700116008610JL24 26,587.85 Report Date 08/22/2024 Page 11
City and Housing
Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 65 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/22/2024 - 8/22/2024
City of Palm Desert
Account Number
W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 1104344 4351400 45480 Portola CC 700418878578JL24 2,967.43 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 1104610 4351400 73710 FW Pumpstation 700169234934JL24 14,636.51 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 1104614 4351400 43980 1/2 San Pablo Rd 700339281893JL24 11,987.66 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 1104614 4351400 43556 1/2 San Pablo 700654070741JL24 206.86 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2424549 4351400 73751 Magnesia Falls Dr POOL 700019219986JL24 19,462.85 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2734680 4351000 (3) Desert Mirage (38601 Cook) 700017585033JL24 19.34 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2734682 4351000 (4) Primrose (75530 Hovley) 700017585033JL24 15.70 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2754680 4351000 (21) Monterey Meadows (73100 H 700017585033JL24 15.69 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2754681 4351000 (20) The Glen (40730 M) 700017585033JL24 15.92 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2754682 4351000 (18) Hovley Estates (40962 C / 700017585033JL24 34.46 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2754683 4351000 (19) Sonata I (40794) 700017585033JL24 16.16 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2754684 4351000 (5) Sonata II (73500 Hovley) 700017585033JL24 17.09 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2754685 4351000 (7) Hovley Collection (73145 H 700017585033JL24 31.84 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2754686 4351000 (8) La Paloma I (40970 A/73625 700017585033JL24 31.84 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2754687 4351000 (10) La Paloma II (40970 Rosar 700017585033JL24 15.92 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2754693 4351000 (14) La Paloma III (40741 Sola 700017585033JL24 15.92 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2754694 4351000 (11) Sandpiper (40751 / 40972) 700017585033JL24 31.84 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2754695 4351000 (12) Sandpiper West (40753 / 4 700017585033JL24 31.84 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2754696 4351000 (13) Hovley West (40762 Hov) 700017585033JL24 14.98 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2764374 4351000 (1) Canyon Cove (Calliandra) 700017585033JL24 39.85 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2774373 4351400 (22) Presidents Plaza E/W 700017585033JL24 764.86 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2784374 4351000 (2) Vineyards (43430 Stony) 700017585033JL24 15.69 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2814374 4351000 (6) The Grove (44225 Deep Cyn) 700017585033JL24 27.14 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2824373 4351400 (15) Presidents Plaza III (731 700017585033JL24 1,196.68 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2824373 4351400 (23) Presidents Plaza III (731 700017585033JL24 70.95 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2834374 4351000 (17) Portola Place (44221) 700017585033JL24 15.92 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2854374 4351000 (9) Kaufman/Broad (73502 FS) 700017585033JL24 16.88 Report Date 08/22/2024 Page 12
City and Housing
Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 66 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/22/2024 - 8/22/2024
City of Palm Desert
Account Number
W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 2994374 4351000 (16) Palm Desert CC (77925 Sta 700017585033JL24 23.23 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 5104195 4351400 73710 FW Dr Ste 116 700339417188JL24 688.86 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 5104195 4351400 73720 FW STE 100A 700066496069JL24 4,432.60 W1 02003974 08/22/2024 SOUTHERN CALIFORNIA EDISON 5104195 4351400 73710 FW STE200 700835292306JL24 2,535.01 W1 02003975 08/22/2024 THE RETAIL COACH LLC 1104430 4309000 Professional Services for Reta 5342 4,583.00 W1 02003976 08/22/2024 VARES, TOBY 1104159 4363000 DUPLICATE JULY24 PAYMENT REFUND 1.67 W1 02003976 08/22/2024 VARES, TOBY 6100000 2286500 DUPLICATE JULY24 PAYMENT REFUND 19.89 W1 02003977 08/22/2024 XEROX FINANCIAL SERVICES 1104190 4342000 7/29-8/28 Copier Lease 6088634 2,851.42 Examined and Approved Total For Bank ID - W1
1,930,714.28 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 08/22/2024 Page 13
City and Housing
Docusign Envelope ID: DC3E1925-F53E-4C5A-8B59-906DC9BEB715 67 68
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/26/2024 - 8/26/2024
City of Palm Desert
Account Number
W1 02003978 08/26/2024 U S POSTMASTER 1104417 4302600 BRIGHTSIDE POSTAGE FY24/25 BRIGHTSIDE SEP24 7,653.45 Examined and Approved Total For Bank ID - W1
7,653.45 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 08/26/2024 Page 1
City and Housing
Docusign Envelope ID: C1F1136D-EE89-4483-BA37-1561BB5C36B0 69 70
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
YURI CHAVEZ, CITY CLERK TEMP
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
_____________________________________________________
A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________
Responding Department: __________________________ Date: ________________ Response:
No comment – okay to present to City Council.
Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary):
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Palm Desert Local Mart Inc 45200 Portola Ave 321 Palm Desert, CA 92260-4431 Tuesday, August 6, 2024. Building and Safety July 30, 2024 ✔ July 30, 2024
71 CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
YURI CHAVEZ, CITY CLERK TEMP
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
_____________________________________________________
A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________
Responding Department: __________________________ Date: ________________ Response:
No comment – okay to present to City Council.
Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary):
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Palm Desert Local Mart Inc 45200 Portola Ave 321 Palm Desert, CA 92260-4431 Tuesday, August 6, 2024. July 30, 2024 Zoning of site is Downtown (D). Allows "Liquor, beverage and food items shop" as a permitted use. Appliant must obtain business license. Development Services: Planning ✔ ✔
July 30, 2024
72 73
74 CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
MICHELLE NANCE, DEPUTY CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
_____________________________________________________
A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________
Responding Department: __________________________ Date: ________________ Response:
No comment – okay to present to City Council.
Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary):
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Black Cat Pizza (Petrie and Friends, LLC) 72795 Hwy 111 Ste G2 Palm Desert, CA 92260-3322 Tuesday, July 16, 2024. Building and Safety July 10, 2024 ✔ July 9, 2024
75 76
77 78
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
YURI CHAVEZ, CITY CLERK TEMP
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
_____________________________________________________
A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________
Responding Department: __________________________ Date: ________________ Response:
No comment – okay to present to City Council.
Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary):
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ La Quinta Brewing Co (La Quinta Brewing Company, LLC) 74714 Technology Dr Palm Desert, CA 92211 Tuesday, August 6, 2024. Building and Safety July 29, 2024 ✔ July 29, 2024
79 80
81 82
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
, CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________
Responding Department: __________________________ Date: _______________ Response:
No comment – okay to present to City Council.
Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ The Cheese Shop on El Paseo 73280 El Paseo Ste 1; Palm Desert, CA 92260 Friday, June 21, 2024.
Building and Safety June 17, 2024
June 14, 2024
83 CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
, CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________
Responding Department: __________________________ Date: _______________ Response:
No comment – okay to present to City Council.
Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ The Cheese Shop on El Paseo 73280 El Paseo Ste 1; Palm Desert, CA 92260 Friday, June 21, 2024.
Development Services: Planning August 14, 2024
June 14, 2024
84 85
86 CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
, CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________
Responding Department: __________________________ Date: _______________ Response:
No comment – okay to present to City Council.
Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Shake Shack #1529 73199 El Paseo Ste A Palm Desert, CA 92260-4230 Tuesday, June 25, 2024.
Building and Safety June 18, 2024
June 18, 2024
87 CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
, CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________
Responding Department: __________________________ Date: _______________ Response:
No comment – okay to present to City Council.
Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Shake Shack #1529 73199 El Paseo Ste A Palm Desert, CA 92260-4230 Tuesday, June 25, 2024.
Development Services: Planning August 14, 2024
June 18, 2024
88 89
90 CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
, CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________
Responding Department: __________________________ Date: _______________ Response:
No comment – okay to present to City Council.
Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Dennys 9377 (APalmDesert LLC) 42455 Washington St. Palm Desert, CA 92211-8803 Monday, September 2, 2024.
Building and Safety August 27, 2024
August 26, 2024
91 CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
, CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________
Responding Department: __________________________ Date: _______________ Response:
No comment – okay to present to City Council.
Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Dennys 9377 (APalmDesert LLC) 42455 Washington St. Palm Desert, CA 92211-8803 Monday, September 2, 2024.
Development Services: Planning August 26, 2024
August 26, 2024
92 93
94
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: August 22, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
SUBJECT: 2024 CONFLICT OF INTEREST CODE BIENNIAL NOTICE PURSUANT
TO THE POLITICAL REFORM ACT
RECOMMENDATION:
1. Receive and file the 2024 Local Agency Biennial Notice.
2. Direct staff to promulgate the necessary amendments and return to the City Council in December 2024 for adoption pursuant to the Political Reform Act.
BACKGROUND/ANALYSIS:
The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially. On June 13, 2024, the City Council adopted Resolution No. 2024-026, directing staff to review the City's Conflict of Interest Code and file the requisite 2024 Biennial Notice.
As the code reviewing body for the City of Palm Desert, the City Council is requested to receive and file the 2024 Local Agency Biennial Notice and direct staff to make appropriate amendments for City Council adoption prior to December 31, 2024, in compliance with the Political Reform Act.
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. 2024 Local Agency Biennial Notice
95 96
2024 Local Agency Biennial Notice
Name of Agency: City of Palm Desert
Mailing Address: 73510 Fred Waring Drive, Palm Desert, CA 92260 Contact Person: Anthony Mejia, City Clerk Phone No. _7_6_0_-3_4_6_-_0_6_1_1 _____ _ Email: [email protected] Alternate Email: [email protected] Accurate disclosure Is essential to monitor whether officials have conflicts of interest and to help ensure public trust In government. The biennial review examines current programs to ensure that the agency"s code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
0 An amendment is required. The following amendments are necessary:
(Check all that apply.)
IZI Include new positions
□ Revise disclosure categories
IZI Revise the titles of existing positions
IZI Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
□ Other (describe) _______________________ _
0 The code is currently under review by the code reviewing body.
D No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed If no amendment Is required) This agency's code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by thot holding designated positions are reported. The code includes all other provisions requilBd by Go e ode Section 87302. /,
-- ~~1', ?oz '(
• ature of Chief Executive Officer li5ale
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
97 98
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Eric Ceja, Director of Economic Development SUBJECT: APPROVE AN EXCLUSIVE NEGOTIATION AGREEMENT WITH KAM SANG COMPANIES, INC., FOR SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY (SARDA) PROPERTIES LOCATED AT
DESERT WILLOW GOLF RESORT
RECOMMENDATION:
1. Approve an Exclusive Negotiation Agreement (ENA) with Kam Sang Company, Inc., for acquisition of Lots C and D at Desert Willow Golf Resort.
2. Authorize the City Attorney to make any necessary nonmonetary changes to the ENA.
3. Authorize the City Manager to execute the ENA and any other documents necessary to effectuate this action.
BACKGROUND/ANALYSIS:
As required by the State of California’s Surplus Land Act (SLA), the City provided a Notice of Availability (NOA) for certain parcels identified as Lots C, D, and E at the Desert Willow Golf Resort. Through negotiations of the parcels, and in consultation with the State Department of Housing and Community Development (HCD), the City expects to sell Lot E to Blieu, an affordable housing developer, and to sell Lots C and D outside of the SLA process.
The City has received interest from Kam Sang Company, Inc. (Kam Sang), owners of the JW Desert Springs Marriott, for the acquisition of Lots C and D, and as such, would like to explore this opportunity. To initiate the exploratory process, the City and Kam Sang will need to enter into an ENA. The attached draft ENA identifies:
The proposed development,
A 6-month timetable to negotiate with the City/SARDA for the development and acquisition of Lots C and D, and
A $15,000 “Good Faith Deposit” for City costs associated with the review.
Lots C and D are controlled by SARDA, and as such, any negotiation for these parcels will include the sale of said parcels at fair market value. In addition, any future agreement to sell these parcels will require approval from the Riverside County Oversight Board (OB).
Prior to County OB approval, a draft Purchase and Sales Agreement (PSA) and likely a Disposition and Development Agreement (DDA) will need to be prepared. The PSA/DDA will identify:
Preparation and review of a development pro formas,
The agreed-upon sales prices for the properties, and
Development scope and milestones
99 City of Palm Desert
ENA with Kam Sang Company
Conditions for sale
Outline of any requirements for City assistance on the project (this may include a Transient Occupancy Reimbursement agreement).
The preparation of these documents, as well as approval by the County OB, is estimated to take an additional 6-8 months. A draft of this ENA is provided for City Council review. If successful through the ENA process, the City/SARDA will need to draft the PSA for OB approval.
Legal Review:
This report has been reviewed by the City Attorney’s office.
Strategic Plan:
Successful acquisition will result in the development of a larger-scale resort at the Desert Willow Golf Resort and will support the following Strategic Plan Priorities:
Economic Development
Priority 1: “Expand job and business creation opportunities.” Land Use, Housing, and Open Space
Priority 1: “Enhance Palm Desert as a first-class destination for premier shopping and national retail businesses.”
FINANCIAL IMPACT:
Funds will be expended to obtain title reports and necessary property information. The Developer is required to provide a $15,000 deposit as part of the ENA to cover these City expenses and for City use of legal assistance. Language is provided in the ENA for the developer to replenish the deposit should City costs exceed the initial deposit amount. Therefore, there is no fiscal impact to the City’s General Fund.
ATTACHMENTS:
1. Kam Sang Letter of Interest
2. Draft Exclusive Negotiation Agreement
3. Draft Right of Entry Agreement
100
101
102
1 EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT
THIS EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT (this “Agreement”) is entered into effective as of _____________, 2024 (“Effective Date”) by and between the City of Palm Desert, a California charter city (“City”) and Kam Sang Company, Inc., a California corporation (“Developer”). City and Developer are hereinafter referred to collectively as the “Parties.”
R E C I T A L S
A. The City serves as the Successor Agency to the Redevelopment Agency of the City of Palm Desert, a public agency (“SARDA”), pursuant to the redevelopment dissolution statutes, being Division 24, Part 1.85 of Health and Safety Code, commencing with Section 34170.
B. SARDA is the owner of certain real property constituting approximately 34.11 acres, located within the City limits located north-easterly of the intersection of Desert Willow Drive and Market Place Drive, identified as Riverside County Assessor Parcel Numbers 620- 450-012, 620-450-013, 620-450-014, 620-450-016, 620-450-017, 620-450-018, and 620-450- 020, as more particularly described in Exhibit A attached hereto (the “Property”). The Property is vacant, unimproved land.
B. SARDA has fulfilled its obligations under the Surplus Land Act, and the City, based on subsequent outreach, selected Developer as the entity with which to enter into exclusive negotiations for development of the Property.
C. Developer has proposed to develop on the Property a W Branded Hotel & Residences comprised of 225 hotel rooms, 40 residential units for sale, three meal restaurant, specialty restaurant, full service spa and fitness center, and indoor and outdoor meeting spaces (the “Project”). Developer estimates total development, pre-construction and construction costs for this proposed project will be approximately One Hundred and Fifty Million Dollars ($150,000,000.00).
D. The purpose of this Agreement is to establish the procedures and standards for the negotiation of a potential disposition and development agreement (“DDA”) that would address:
(i) the disposition of the Property facilitated by the City, from SARDA to Developer, and (ii) Developer’s development of the Project on the Property. As more fully set forth below, this Agreement in itself does not obligate the City or the Developer to execute a DDA, or obligate SARDA to convey the Property, or any portion thereof, to Developer, nor does it grant Developer the right to develop the Project on the Property. 103
2 A G R E E M E N T
NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Incorporation of Recitals. The Recitals set forth above, and all defined terms set forth in such Recitals and in the introductory paragraph preceding the Recitals, are hereby incorporated into this Agreement as though set forth in full.
2. Good Faith Efforts to Negotiate. The Parties shall use their best efforts to negotiate a DDA that will describe the terms and conditions governing the conveyance of the Property by SARDA to Developer, or an Affiliate (as defined below) of Developer approved by SARDA and the City, and the development of the Project on the Property by an Affiliate of the Developer, approved by City. The Parties shall diligently and in good faith pursue such negotiations. This Agreement does not impose a binding obligation on SARDA to convey any portion of, or interest in, the Property to Developer, nor does it obligate City to grant any approvals or authorizations required for the Project (including the DDA). Without limiting the generality of the foregoing, Developer expressly acknowledges that any agreement(s) resulting from the negotiations contemplated hereby shall become effective only if the conveyance agreement is approved by the SARDA Board and the Countywide Oversight Board for the County of Riverside, and a development agreement is approved by the City Council following compliance with all applicable notice and hearing requirements of the City and compliance with all other applicable requirements of law, including without limitation the California Environmental Quality Act (“CEQA”). As used in this Agreement, an “Affiliate” of a person or entity shall mean an entity controlling, controlled by, or under common control with such person or entity, and shall include, but shall not be limited to a limited partnership in which the Developer is a member of a general partner of such limited partnership. The term “control” as used in the immediately preceding sentence shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of the entity in question, whether through ownership, voting securities, contract, or otherwise.
3. Developer’s Exclusive Right to Negotiate with City. City agrees that it will not, during the Term of this Agreement (as defined below), directly or indirectly, through any officer, employee, agent, or otherwise, solicit, initiate or encourage the submission of bids, offers or proposals by any person or entity with respect to the acquisition of any interest in the Property or the development of the Property, and City shall not engage any broker, financial adviser or consultant to initiate or encourage proposals or offers from other parties with respect to the disposition or development of the Property or any portion thereof. Furthermore, City shall not, directly or indirectly, through any officer, employee, agent or otherwise, engage in negotiations concerning any such transaction with, or provide information to, any person other than Developer and its representatives with a view to engaging, or preparing to engage, that person with respect to the disposition or development of the Property or any portion thereof. The parties further agree and acknowledge that the City shall not facilitate the disposition or transfer of the Property to any third party during the Term.
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3 4. Term. The Term shall commence on the Effective Date, and shall terminate six (6) months thereafter, unless extended or earlier terminated as provided herein (the “Term”). The Term may be extended for up to a maximum of one hundred eighty (180) additional days upon the mutual written agreement of Developer and City’s City Manager if the City Manager determines in his sole and absolute discretion that the Parties have made substantial progress in their negotiations to merit such extension. The Parties may, with City Council approval, agree to additional extensions. If a DDA has not been executed by the City and Developer (or an entity related to Developer and reasonably approved by the City) by the expiration of the Term (as the Term may have been extended pursuant to this Section), then this Agreement shall terminate, and neither Party shall have any further rights or obligations under this Agreement except such rights and obligations that expressly survive termination. If a DDA is executed by the City and the Developer (or an Affiliate of Developer approved by the City), this Agreement shall thereupon terminate, and all rights and obligations of the Parties shall be as set forth in the executed DDA.
5. Good Faith Deposit. In consideration for this Agreement, Developer has, prior to City’s execution of this Agreement, provided to City a cash deposit in the amount of Fifteen Thousand and 00/100 Dollars ($15,000.00) (the “Good Faith Deposit”). During the Term, City shall invest the Good Faith Deposit for purposes of earning interest thereon. If the Parties enter into a DDA, the Good Faith Deposit shall be disposed of as specified in the DDA. If this Agreement is terminated without execution of a DDA for any reason, then the Good Faith Deposit and any interest earned thereon, less any amounts expended to reimburse City for City Costs as provided in Section 6 below, shall be refunded promptly to Developer. If this Agreement is terminated as a result of an Event of Default, then the Good Faith Deposit and any interest earned thereon shall be disposed of as more fully provided in Section 12.4. If at any time prior to the Parties entering into a DDA, City Costs (as defined in Section 6) are incurred in an aggregate amount that equals or exceeds the amount of the original Good Faith Deposit, the Developer shall replenish the Good Faith Deposit with the amount necessary to cover the City Costs, and no further City Costs shall be expended until Developer provides City with a cash deposit to cover the amount of the City Costs. If Developer declines to provide such additional cash, within fifteen (15) business days of request therefore from the City, the City may elect to terminate this Agreement, and neither Party shall have any further rights or obligations under this Agreement except such rights and obligations that expressly survive termination.
6. Costs and Expenses. City shall be entitled to draw upon the Good Faith Deposit and apply such draws to reasonable expenses incurred by the City during the Term. The Good Faith Deposit may be used to cover costs that City incurs in connection with the proposed Project and negotiation with Developer regarding agreements for development of the Property. Expenses shall be limited to third party vendors including without limitation, expenses incurred for financial feasibility studies, design analyses, appraisals, environmental analyses, title examination, reasonable legal fees, and consulting fees (collectively, “City Costs”). City shall notify Developer monthly in writing of the amount drawn by City to pay City Costs. The notice shall include copies of all invoices paid and accounting details from the Good Faith Deposit. 105
4 7. Termination.
7.1 Termination by Mutual Agreement. This Agreement may be terminated at any time by the mutual written consent of the Parties. In the event of such termination, subject to Section 7.4, neither Party shall have any further rights against or liability to the other under this Agreement.
7.2 Termination by City for Cause. City shall have the right to terminate this Agreement upon City’s good faith reasonable determination that Developer is not negotiating diligently and in good faith. City shall exercise such right by delivering not less than ten (10) business days’ advance written notice to Developer describing the nature of Developer’s default and the termination date. If Developer does not commence to cure the default and resume negotiations in good faith within such ten (10) business day period, as applicable, City may terminate this Agreement effective as of the termination date stated in the notice. In the event of termination by the City pursuant to this Section 7.2, subject to Section 7.4, neither Party shall have any further rights against or liability to the other under this Agreement.
7.3 Termination by Developer. Developer shall have the right to terminate this Agreement upon Developer’s good faith reasonable determination that City is not negotiating diligently and in good faith. Developer shall exercise such right by delivering not less than ten (10) business days’ advance written notice to City describing the nature of City’s default and the termination date. If City does not commence to cure the default and resume negotiations in good faith within such ten (10) business day period, Developer may terminate this Agreement effective as of the termination date stated in the notice. In addition, Developer shall have the right to terminate this Agreement, effective upon ten (10) days’ written notice to City, if Developer determines, in the exercise of Developer’s sole discretion, that the results of Developer’s investigation of the Property are unsatisfactory with respect to Developer’s desired development activities or if Developer is unable to obtain other necessary approvals, rights or interests. In the event of termination by the Developer pursuant to this Section 7.3, subject to Section 7.4, neither Party shall have any further rights against or liability to the other under this Agreement. Notwithstanding anything to the contrary contained herein, in the event Developer chooses to terminate this Agreement as the result of an uncured material default by the City where the City has acted in bad faith, the Developer shall be entitled to seek reimbursement of the Good Faith Deposit and any additions made by Developer or its Affiliate to the Good Faith Deposit prior to the date of the termination of this Agreement.
7.4 Effect of Termination. Upon the expiration of the Term as such may be extended, or upon the earlier termination of this Agreement, without the Parties having successfully negotiated and executed a DDA, this Agreement shall forthwith be void, and there shall be no further liability or obligation on the part of either of the Parties or their respective officers, employees, agents or other representatives; provided however, the provisions of Section 9.1 (Studies), Section 9.2 (Access; Indemnity), Section 10 (Confidentiality), Section 12.4 (Liquidated Damages), and Section 14.7 (Indemnification) shall survive such termination. In no event shall either Party have the right to seek an award of damages as a result of the termination of this Agreement.
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5 8. Compliance with CEQA. The Parties acknowledge that the Project description set forth in this Agreement is preliminary in nature and shall be described in further detail in the DDA to be negotiated during the Term. The Parties acknowledge that development of the Property for the Project will require the grant of discretionary land use entitlements subject to the City’s normal review and approval process, that the Project must comply with CEQA, and that nothing in this Agreement is intended to or shall be interpreted as the grant of any approvals for development of the Project or the Property, or the modification or waiver of any City procedures or requirements. Without limiting the foregoing, the Parties acknowledge that the City retains discretion to (i) require modification of the Project as City may, in its discretion, determine to be reasonably necessary to comply with CEQA, (ii) select other feasible alternative and/or impose mitigation measures to avoid or minimize significant environmental impacts; (iii) balance the benefits of the Project against any significant environmental impacts prior to taking final action, if such impacts cannot otherwise be avoided; and/or (iv) determine not to proceed with the Project.
The Parties acknowledge that nothing in this Agreement shall be deemed a commitment by the City to facilitate SARDA to enter into an agreement for conveyance of any interest in the Property or for the development of the Project. In addition, the Parties acknowledge that the final form of any agreement governing the development of the Property may contain matters not covered in this Agreement, and the provisions herein are not intended to exclude or preclude any other issues that may arise during negotiations.
Developer acknowledges that the Project must be evaluated under CEQA, as required by the terms of the City’s approval of the DDA. If City determines that CEQA compliance requires preparation of either a Mitigated Negative Declaration (“MND”) or an Environmental Impact Report (“EIR”) for the Project, then i) Developer will select the consultant for preparation of the MND/EIR, subject to the City’s reasonable approval; and ii) Developer will pay City’s costs for environmental review, including the cost of City’s MND/EIR consultant. Developer’s obligation to pay such costs shall be in addition to Developer’s obligation to pay City expenses pursuant to Section 6.
Developer further acknowledges that SARDA owns the fee interest in the Property and the disposition of the Property is subject to the approval of the Countywide Oversight Board for the County of Riverside.
9. Developer’s Studies; Right of Access; Deliverables.
9.1 Developer’s Studies. During the Term of this Agreement, Developer may prepare, at Developer’s sole expense, any studies, surveys, plans, specifications and reports (“Developer’s Studies”) Developer deems necessary or desirable in Developer’s sole discretion, to determine the suitability of the Property for the Project. Such studies may include, without limitation, title investigation, relocation analyses, marketing, feasibility, soils, seismic and environmental studies, financial feasibility analyses, and design studies. Developer shall provide to City without representation or warranty, copies of all reports, test results, studies, analyses, cost estimates, and documents prepared by third-party consultants for or commissioned by Developer with respect to the Project or the Property within ten (10) business days following 107
6 their completion; provided however, Developer shall not be obligated to provide proprietary or financial information. Developer agrees to include in all contracts for the preparation of any of Developer’s Studies a provision that will permit City to have the right to use and rely upon each study and report. Developer’s obligation to provide reports and studies pursuant to this Section
9.1 shall survive the expiration or earlier termination of this Agreement. The City shall promptly deliver to Developer, upon Developer’s request, existing written information and plans regarding the Property in the City’s possession or immediate control.
9.2 Right of Access. City will use best efforts to procure from SARDA, concurrent with the execution of this Agreement, sufficient rights for Developer, including its employees, agents, assigns and contractors, to reasonably access the Property for the purposes of inspection, environmental assessments, soils testing, and similar work. Developer shall be responsible for obtaining any additional rights of access to the Property from third parties that may be necessary to prepare Developer’s Studies. SARDA may impose reasonable limitations on access to the Property, and may require Developer to provide SARDA with proof of insurance in compliance with SARDA’s requirements prior to performance of studies on the Property. SARDA’s advance written approval shall be required for any invasive testing. Developer agrees that unless SARDA agrees otherwise in writing, Developer shall repair, restore, and return the Property and all improvements located thereon to their condition immediately prior to any such testing at Developer’s sole cost and expense, excluding ordinary wear and tear or damage or destruction by acts of God. Developer shall at all times keep the Property free and clear of all liens and encumbrances related to Developer’s inspection activities on the Property or otherwise within Developer’s control.
Developer shall indemnify, defend, and hold SARDA and the City and their respective elected and appointed officers, officials, employees, consultants, agents and representatives (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, claim, demand, action, suit, legal or administrative proceeding, penalty, deficiency, fine, damage and expense (including without limitation reasonably attorney’s fees and of litigation) (all of the foregoing, collectively “Claims”) arising out of Developer’s and Developer’s agents, employees, consultants, representatives and contractor’s entry on the Property or otherwise arising out of the exercise of this right of access granted to Developer hereunder, provided that Developer shall have no obligation related to Claims resulting from the Indemnitees’ gross negligence or willful misconduct, or Developer’s mere discovery of information regarding the Property, or a pre-existing condition on the Property, as long as none of Developer’s or Developer’s agents, employees, consultants, representatives and contractor’s actions or omissions cause an exacerbation of such pre-existing condition. Developer’s defense and indemnity obligations pursuant to this Section 9.2 shall survive the expiration or earlier termination of this Agreement.
9.3 Deliverables. Developer shall provide to City the deliverables identified in Exhibit B, attached hereto and incorporated herein by reference, consistent with the schedule set forth in Exhibit B, unless such other dates are agreed to in writing by Developer and City Manager.
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7 10. Confidentiality of Information. While desiring to preserve its rights with respect to treatment of certain information on a confidential or proprietary basis, Developer acknowledges that City will need sufficient, detailed information about the proposed Project to make informed decisions about the content and approval of the DDA. City will work with Developer to maintain the confidentiality of proprietary information subject to the requirements imposed on City by the Public Records Act (Government Code Section 6250 et seq.). Developer acknowledges that City may share information provided by Developer of a financial and potential proprietary nature with third party consultants who have been contractually engaged to advise City concerning matters related to this Agreement and/or the DDA and to City Council members as part of the negotiation and decision making process. If this Agreement is terminated without the execution of a DDA, City shall return to Developer any confidential information submitted by Developer under this Agreement. If any litigation is filed seeking to make public any information Developer submitted to City in confidence, City and Developer shall cooperate in defending the litigation if Developer elects not to make public the information in question.
Developer shall pay City's reasonable costs of defending such litigation if Developer elects not to make public the information in question and shall indemnify City against all costs and reasonable attorneys’ fees awarded to the plaintiff in any such litigation.
11. Execution of Definitive Agreement. The City shall have no legal obligation to grant any approvals or authorizations for the Project prior to City Council approval of the Project and related agreements following compliance with CEQA and all other applicable requirements of law.
12. Defaults and Remedies.
12.1 Default. In the event either Party breaches its obligations under this Agreement, the non-defaulting Party shall give written notice of a default to the defaulting Party specifying the nature of the default and the required action to cure the default. If a default remains uncured ten (10) days for monetary defaults and twenty (20) days for nonmonetary defaults (subject to such longer period as may be reasonably necessary so long as the defaulting party has commenced a cure within such twenty (20) day period and is diligently prosecuting such cure to completion) after receipt by the defaulting Party of such notice, the non-defaulting Party may exercise the remedies set forth in Subsections 12.2, 12.3, and 12.4 below, as applicable.
12.2 Remedies for City Default. In the event of an uncured default by City hereunder, Developer’s sole remedy shall be to terminate this Agreement and to seek reimbursement in accordance with Section 7.3. Upon such termination, Developer shall be entitled to repayment of the remaining Good Faith Deposit and any interest earned thereon, as further provided in Section 5 and, neither Party shall have any further right, remedy or obligation under this Agreement; provided however, any obligation under a specific provision of this Agreement for a Party to pay or reimburse the other Party for a cost or to provide indemnity and defense shall survive such termination. Except as expressly provided herein, neither Party shall have any liability to the other for damages or otherwise for any default, nor shall either Party have any other claims with respect to performance under this Agreement. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity. 109
8 12.3 Remedies for Developer Default. In the event of an uncured default by Developer, City's sole remedy shall be to terminate this Agreement and to retain the Good Faith Deposit and any interest earned thereon as further set forth in Subsection 12.4 below. Following such termination, neither Party shall have any right, remedy or obligation under this Agreement; provided however, any obligation under a specific provision of this Agreement for a Party to pay or reimburse the other Party for a cost or to provide indemnity and defense shall survive such termination.
12.4 Liquidated Damages. IN THE EVENT OF TERMINATION DUE TO DEVELOPER'S DEFAULT AS DESCRIBED IN THIS SECTION 12 ABOVE, SUBJECT TO
ALL APPLICABLE NOTICE AND CURE PERIODS, THE GOOD FAITH DEPOSIT (OR, AS
APPLICABLE, SUCH PORTION THEREOF WHICH HAS NOT BE DRAWN AGAINST BY
THE CITY FOR CITY COSTS) MAY BE RETAINED BY CITY AS LIQUIDATED
DAMAGES AND AS ITS PROPERTY WITHOUT ANY DEDUCTION, OFFSET OR RECOUPMENT WHATSOEVER. THE PARTIES AGREE THAT THE DAMAGES
SUFFERED BY CITY BY REASON OF A DEVELOPER DEFAULT WOULD BE
UNCERTAIN AND THAT SUCH DAMAGES WOULD INVOLVE SUCH VARIABLE
FACTORS AS THE CONSIDERATION THAT ANOTHER DEVELOPER WOULD PAY FOR THE PROPERTY; THE EXPENSES OF CONTINUING THE OWNERSHIP AND
CONTROL OF THE PROPERTY AND OF IDENTIFYING OTHER INTERESTED PARTIES AND NEGOTIATING WITH SUCH PARTIES; POSTPONEMENT OF TAX REVENUES TO THE COMMUNITY; AND THE FAILURE OF CITY TO EFFECT ITS PURPOSES AND
OBJECTIVES WITHIN A REASONABLE TIME, RESULTING IN ADDITIONAL IMMEASURABLE DAMAGE AND LOSS TO CITY. IT IS IMPRACTICABLE AND
EXTREMELY DIFFICULT TO FIX THE AMOUNT OF SUCH DAMAGES TO CITY, BUT
THE PARTIES ARE OF THE OPINION, UPON THE BASIS OF ALL INFORMATION
AVAILABLE TO THEM, THAT SUCH DAMAGES WOULD APPROXIMATELY EQUAL
THE AMOUNT OF THE GOOD FAITH DEPOSIT HELD BY CITY AT THE TIME OF THE
DEFAULT OF DEVELOPER, AND THE AMOUNT OF SUCH GOOD FAITH DEPOSIT
SHALL BE PAID TO CITY UPON ANY SUCH OCCURRENCE AS THE TOTAL OF ALL
LIQUIDATED DAMAGES FOR ANY AND ALL SUCH DEFAULTS AND NOT AS A PENALTY. IN THE EVENT THAT THIS PARAGRAPH SHOULD BE HELD TO BE VOID
FOR ANY REASON, CITY SHALL BE ENTITLED TO THE FULL EXTENT OF DAMAGES OTHERWISE PROVIDED BY LAW. DEVELOPER AND CITY SPECIFICALLY
ACKNOWLEDGE THIS LIQUIDATED DAMAGES PROVISION BY THEIR SIGNATURES HERE:
Developer:
13. City Rights Following Expiration or Termination. Following expiration or termination of this Agreement, unless a DDA is executed by the Parties, City shall have the absolute right to pursue facilitation of the disposition and development of the Property in any manner and with any party or parties it deems appropriate; provided, however, nothing herein shall be deemed to preclude or disqualify Developer from responding to future requests for qualifications and/or proposals, if any, that City may publicly issue to qualified firms with respect to development of the Property.
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9 14. Miscellaneous.
14.1 Assignment. The qualifications and identity of Developer are of particular concern to City. It is because of those unique qualifications and identity that City has entered into this Agreement with Developer. Accordingly, except as provided below, Developer may not assign its rights under this Agreement to any other person or entity, without the prior written approval of City. Any purported voluntary or involuntary assignment of Developer’s exclusive negotiation rights without such City written approval shall be null and void. Notwithstanding the foregoing, Developer may assign its rights under this Agreement to a limited liability company or partnership in which Developer or an affiliated entity: (a) is a managing member or general partner; (b) is responsible for managing the day-to-day entitlement and development activities of such entity; and (c) has a controlling interest in such entity, or to a tax credit partnership formed for the Project.
14.2 Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:
(i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service. In addition, notice may be provided by electronic transmission (email), as long as notice is also sent via (i), (ii) or (iii) above. If notice is sent via electronic transmission (email), notice shall be deemed delivered upon transmittal.
Any notice given by email shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a nonbusiness day.
City:
City of Palm Desert
Attn: Eric Ceja, Economic Development Director
73510 Fred Waring Drive
Palm Desert, California 92260
Telephone: (760) 776-6384
Email: [email protected]
With copy to:
Robert F. Messinger, Esq.
18300 Von Karman Avenue, Suite 650
Irvine, California 92612
Telephone: (949) 265-3413
Email: [email protected]
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10 Developer:
Kam Sang Company, Inc.
411 E. Huntington Drive, Suite 305
Arcadia, CA 91006
Attention: Tiffany Lam, CEO
Telephone: (626) 446-2988
Email: [email protected]
14.3 No Commissions. Each Party represents and warrants that it has not entered into any agreement, and has no obligation, to pay any real estate commission in connection with the transaction contemplated by this Agreement. If a real estate commission is claimed through either Party in connection with the transaction contemplated by this Agreement or any resulting DDA, then the Party through whom the commission is claimed shall indemnify, defend and hold the other Party harmless from any liability related to such commission. The provisions of this Paragraph shall survive termination of this Agreement.
14.4 Relationship of the Parties. The Parties agree that nothing in this Agreement shall be deemed or interpreted to create between them the relationship of lessor and lessee, of buyer and seller, or of partners or joint venturers.
14.5 Authority; Disclosure. Developer warrants that none of its principals, officers, partners, joint venturers, employees, associates, or affiliates who have any economic interest in this Agreement or the contemplated development of the Property or the Project, have a familial, financial, or other material relationship with any elected or appointed official or employee of the City. Each person executing this Agreement on behalf of Developer does hereby covenant and warrant that (a) Developer is created and validly existing under the laws of California, (b) Developer has and is duly qualified to do business in California, (c) Developer has full corporate power and authority to enter into this Agreement and to perform all of Developer’s obligations hereunder, and (d) each person (and all of the persons if more than one signs) signing this Agreement on behalf of Developer is duly and validly authorized to do so. Each person executing this Agreement on behalf of City does hereby covenant and warrant that (a) City has full power and authority to enter into this Agreement and to perform all of City’s obligations hereunder, and (b) each person (and all of the persons if more than one signs) signing this Agreement on behalf of City is duly and validly authorized to do so.
14.6 Waiver of Lis Pendens. It is expressly understood and agreed by the Parties that no lis pendens shall be filed against any portion of the Property with respect to this Agreement or any dispute or act arising from this Agreement. This Section shall survive the expiration of termination of this Agreement.
14.7 Indemnification. Developer hereby covenants, on behalf of itself and its permitted successors and assigns, to indemnify, hold harmless and defend the Indemnitees (defined in Section 9) from and against all Claims (defined in Section 9) arising out of or in connection with the actions of Developer or Developer’s agents, employees, officers, representatives, contractors or consultants pursuant to, and during the Term of this Agreement; 112
11 provided however, Developer shall have no indemnification obligation with respect to the gross negligence or willful misconduct of any Indemnitee. This Section shall survive the expiration or earlier termination of this Agreement.
14.8 Severability. If any term or provision of this Agreement or the application thereof shall, to any extent, be held by a court of competent jurisdiction to be invalid or unenforceable, such term or provision shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining terms and provisions of this Agreement or the application of such terms and provisions to circumstances other than those as to which it is held invalid or unenforceable unless an essential purpose of this Agreement would be defeated by loss of the invalid or unenforceable provision.
14.9 Entire Agreement. This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings, oral or written, between the Parties with respect to such subject matter.
14.10 Amendments. This Agreement may be amended only by a written instrument executed by the Parties or their permitted successors in interest.
14.11 Successors and Assigns; No Third-Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns; provided however, that except as expressly permitted by this Agreement, neither Party shall transfer or assign any of such Party’s rights hereunder by operation of law or otherwise without the prior written consent of the other Party, and any such transfer or assignment without such consent shall be void. Subject to the immediately preceding sentence, this Agreement is not intended to benefit, and shall not run to the benefit of or be enforceable by, any other person or entity other than the Parties and their permitted successors and assigns.
14.12 Captions; Interpretation. This Agreement shall be interpreted as though prepared jointly by the Parties. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or any of its terms.
14.13 Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflicts of laws principles. Venue for any action under this Agreement shall be in Los Angeles County, California.
14.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [document continues on following page]
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12 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF PALM DESERT, a California charter city
By: __________________________
L. Todd Hileman
City Manager
Attest: Reviewed By:
__________________________ _______________________________ Anthony J. Mejia Eric Ceja
City Clerk Economic Development Director
APPROVED AS TO FORM:
By: __________________________
Robert F. Messinger
Burke, Williams & Sorensen, LLP
Special Counsel
[signatures continue on following page]
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13 DEVELOPER:
KAM SANG COMPANY, INC.,
a California corporation
By:________________________________
Tiffany Lam, Chief Executive Officer
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14 Exhibit A
PROPERTY
(Attach legal description)
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15 Exhibit B
Developer Deliverables/Schedule of Performance
Written Status Reports Every three months, on the 10th day of the month, commencing on the first full month
after the Effective Date
Preliminary Financing Plan Within three hundred sixty-five (365) days after the Effective Date
Parties negotiate form of Term Sheet for
purposes of negotiating DDA
Within one hundred eighty (180) days after
the Effective Date
Conceptual Plans for entire Site Within one hundred eighty (180) days after the Effective Date
Final Financing Plan with anticipated Debt
and Equity Financing
Within five hundred forty-five (545) days
after the Effective Date
Initial draft DDA Within three hundred sixty (360) days after the Effective Date
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RIGHT OF ENTRY AGREEMENT
(Kam Sang Company, Inc./Desert Willow Parcels)
This RIGHT OF ENTRY AGREEMENT (“Agreement”), dated as of __________, 2024, is made by and between the Successor Agency to the Redevelopment Agency of the City of Palm Desert, a public agency, corporate and politic (“SARDA”), and Kam Sang Company, Inc., a California corporation (“Licensee”), who agree as follows:
RECITALS
A. SARDA is the owner of that certain real property designated as Assessor’s Parcel Numbers 620-150-012, 620-450-013, 620-450-014, 620-450-016, 620-450-017, 620-450-018, and 620-450-020, situated northeast of the intersection of Desert Willow Drive and Market Place Drive in the City of Palm Desert, County of Riverside, State of California, consisting of approximately
34.11 acres, which acreage is vacant, unimproved land (“Property”). The Property is shown on Attachment No. 1, attached hereto and incorporated herein.
B. City and Licensee are currently parties to that certain Exclusive Negotiating Rights Agreement, dated _________, 2024, pursuant to which City and Licensee are negotiating a Disposition and Development Agreement contemplating the sale of the Property by SARDA to Licensee, and the subsequent development of the Property (“DDA”).
C. In order to make an informed decision on whether to proceed with the purchase and development of the Property, Licensee wishes to conduct studies and investigations of physical, geological, and environmental conditions on the Property, including (without limitation) drilling, trenching and excavation as necessary or desirable for evaluating subsurface conditions (“Studies”). The proposed locations for Studies are showed on Attachment No. 1.
D. Licensee seeks to have access to, and SARDA wishes to provide Licensee with access to, the Property in order to conduct the Studies Licensee deems necessary or desirable, subject to the terms hereof.
AGREEMENT
1. Right of Entry.
(a) Grant. SARDA grants to Licensee a non-exclusive license to enter on the Property to conduct Studies of the real property as Licensee deems necessary or desirable. (b) Term. The term of this Agreement shall commence upon the date first written above, and shall expire on the earlier of: (i) the Close of Escrow, as will be defined in the DDA; or (ii) the termination of this Agreement by either party upon 5 days prior advance written notice to the other party (“Term”). Upon the termination of this Agreement pursuant to clause (ii) above, Licensee shall, at its sole cost and expense, remove any personal property or equipment of Licensee on the Property in accordance with all applicable laws. 119
(c) Costs. Licensee shall bear the entire cost of all Studies performed by Licensee or at Licensee’s direction.
2. Notice. Licensee shall, at least one (1) business day (but in no event less than twenty-four (24) hours) prior to entry onto the Property, provide written notice to the Executive Director, Todd Hileman, by electronic mail at [email protected], of its intention to enter the Property to have its contractors begin the contemplated Studies. The notice shall expressly inform the SARDA contact named above when Licensee needs access to the Property
3. Permits and Compliance with Law. Licensee and/or its contractors shall conduct the Studies in accordance with all applicable federal, state, and local laws, regulations, standards, directives, guidelines, and judicial and administrative orders and decrees (collectively, “Laws”) currently existing and as may be amended, enacted, issued, or adopted, prior to conducting the Studies, and shall obtain and maintain, at its sole cost and expense, all governmental permits and authorizations required by any governmental authority for the Studies and all activities associated therewith, or any other activity of Licensee on the Property. Licensee shall provide copies of all such permits to SARDA prior to performing the Studies.
4. Assumption of Risk. Each person entering upon the Property under this Agreement shall do so at his, her or its own risk. On behalf of itself and its agents, representatives, assigns, heirs, spouses, successors-in-interest, executors, administrators, employees, contractors and subcontractors (“Releasors”), Licensee assumes all risk of entering the Property and agrees that SARDA, and its officers, agents, representatives, volunteers and employees are released and shall not be liable in any manner for harm, injury or death of Releasors or for damage to property of Releasors caused by Licensee entry upon the Property under this Agreement and whether occurring on or after the date of this Agreement. This release applies to all potential future claims and Licensee on behalf of itself and the Releasors agrees to waive any and all rights pursuant to Section 1542 of the California Civil Code, as follows:
“A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
5. Restoration. In the event that Licensee causes any damage to any portion of the Property or any adjacent properties or the existing improvements thereon, Licensee, at its expense, shall promptly restore the Property, adjacent properties and existing improvements thereon as nearly as possible to the physical condition existing immediately prior to Licensee’s entry onto the Property.
6. Insurance. Prior to conducting any Studies on the Property, and throughout the duration of this Agreement, Licensee shall provide to SARDA evidence of insurance coverage acceptable to SARDA to protect SARDA and Licensee from damages and losses that may arise from such preliminary work, as follows.
(a) Minimum Insurance. Licensee shall procure and maintain the following insurance:
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(i) Commercial General Liability insurance, or its equivalent, with limits not less than $2 million per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or be twice the required occurrence limit. Such insurance shall be primary and not contribute with any insurance or self-insurance maintained by SARDA. Such insurance shall be endorsed to designate SARDA, its elected and appointed officials, employees, and volunteers as additional insureds. (ii) Business automobile liability insurance with limits not less than $1 million per occurrence. Such insurance shall include coverage for owned, nonowned, and hired automobiles. (iii) Workers’ compensation insurance as required by California law and Employer’s Liability insurance with limits not less than $1 million per accident for bodily injury or disease. The workers’ compensation insurance shall contain an endorsement stating the insurer waives any right of subrogation against SARDA, its elected and appointed officials, employees and volunteers. (b) Special Provisions Applicable to All Coverages.
(i) The policy must provide SARDA 30 days’ notice of cancellation. (ii) Self-insured retentions must be declared and approved by SARDA. (c) Evidence of Insurance. Prior to commencement of work, Licensee shall furnish SARDA with certificates and specified endorsements evidencing compliance with these insurance requirements. Licensee agrees to provide complete, certified copies of all required insurance policies if requested by SARDA.
(d) Acceptability of Insurers. Insurance shall be placed with insurers that maintain an A.M. Best rating of A-, VII or better or otherwise meet the written approval of SARDA.
(e) Contractors; Subcontractors. Licensee shall ensure that contractors and subcontractors maintain insurance that complies with the requirements stated herein.
7. Indemnification by Licensee. Licensee shall defend, indemnify, protect and hold SARDA harmless from any and all costs, expenses (including, without limitation, reasonable attorneys’ fees and expenses), claims, damages, losses, liabilities and demands arising from or related to Licensee, or Licensee’s agents’, employees’, contractors’ or consultants’, entry upon the Property or the exercise of Licensee’s rights under this Agreement, whether occurring prior to, on or after the date of this Agreement, including (without limitation) (i) damage to the Property or any adjacent properties, buildings or improvements; (ii) injury to or death or any person, and/or (iii) the further release of any hazardous materials, including lead based paint or asbestos, presently existing on or about the Property as a result of testing for the same (collectively, “Licensee’s Indemnity Obligations”). However, notwithstanding anything to the contrary contained herein, Licensee shall have no liability under this Agreement with respect to the discovery of Hazardous 121
Materials on the Property as a result of the Studies. Licensee’s Indemnity Obligations and liability under this Section 7 shall survive the termination of this Agreement.
8. Mechanic’s Liens. Licensee shall have no right, power or authority to bind SARDA or any interest of SARDA in the Property under any statute relating to mechanic’s liens by a contract for the furnishing of any work, labor, or material on or to the Property. In the event that any notice of mechanic’s liens is filed or given, Licensee shall, without delay, cause the same to be released or discharged.
9. Miscellaneous.
(a) Entire Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior and contemporaneous understandings and agreements, whether oral or written, between the parties respecting the subject matter of this Agreement.
(b) Choice of Law. This Agreement shall be governed by the laws of the State of California.
(c) Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. (d) Waiver of Covenants and Conditions. The waiver by one party of the performance of any covenant or condition under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by it of any other covenant or condition under this Agreement.
(e) Amendment. This Agreement may be amended at any time by the written agreement of SARDA and Licensee. All amendments, changes, revisions and discharges of this Agreement in whole or in part, and from time to time, shall be binding upon the parties despite any lack of legal consideration, so long as the same shall be in writing and executed by the parties hereto.
(f) Incorporation of Recitals. The Recitals set forth at the beginning of this Agreement are hereby incorporated by reference into this Agreement as though fully set forth within the body herein.
(g) Headings. The section and subsection headings to this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof. (h) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement.
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(i) Notices. All notices and demands which any party is required or desires to give to any other shall be given in writing by personal delivery, by certified mail, return receipt requested, or by electronic facsimile transmission to the address or telecopy number set forth below for the respective party.
To City: City of Palm Desert
Attn: Eric Ceja, Community Development Director
73510 Fred Waring Drive
Palm Desert, California 92260
Telephone: (760) 776-6384
Email: [email protected])
To Licensee: Kam Sang Company, Inc.
Attn: Tiffany Lam, CEO
411 E. Huntington Drive, Suite 305
Arcadia, CA 91006
(626) 446-2988
Email: _______________
10. Right of Possession. Licensee acknowledges and agrees that the Agreement shall not create any possessory rights in Licensee with respect to the Property.’
11. No Assignment. Licensee shall not assign, mortgage, pledge or encumber (whether voluntarily or by operation of law) the Agreement, or any of Licensee’s rights or obligations under this Agreement, in whole or in part, or permit the same or any portion thereof to be used by others, without the prior written consent of SARDA in each instance, and any attempted assignment, mortgage, pledge or encumbrance by Licensee in violation of this Section 11 shall be void.
12. Attorney Fees. If any action is brought to enforce the provisions of this Agreement, the prevailing party shall be entitled to reimbursement for all costs and attorney fees incurred in such action.
13. Authority. Licensee and City each represent and warrant to the other, as of the date hereof, that (i) it has the full power and authority to enter into this Agreement and to carry out the performance of the covenants and obligations contained herein; and (ii) no consent or authorization of any third party is required for Licensee’s or SARDA’s execution and delivery of this Agreement. [Signature Page Follows]
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LICENSEE:
Kam Sang Company, Inc.,
a California corporation
By:
Name: Tiffany Lam
Title: Chief Executive Officer
SARDA:
Successor Agency to the Redevelopment Agency of the
City of Palm Desert, a public body, corporate and politic By:
L. Todd Hileman, Executive Director
ATTEST:
By:
Anthony J. Mejia, City Clerk
APPROVED AS TO FORM:
By:
Robert F. Messinger
Burke, Williams & Sorensen, LLP
Special Counsel
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ATTACHMENT NO. 1
Depiction of the Property
The Property is shaded in red in the depiction below and designated as SARDA Owned in the key.
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Martin Alvarez, Public Works Director
SUBJECT: APPROVE CHANGE ORDER NO. 3 FOR CONTRACT NO. C44200B TO AMERICAN LANDSCAPE, INC., OF CANOGA PARK, CALIFORNIA, FOR
THE GREENS/TEE BOX RENOVATION AND TURF REDUCTION AT
DESERT WILLOW GOLF RESORT (PROJECT NO. MLS00005)
RECOMMENDATION:
1. Approve Change Order No. 3 to Contract No. C44200B with American Landscape, Inc., of Canoga Park, California, for the Firecliff Golf Course Greens/Tee Box Renovations and Turf Reduction at Desert Willow Golf Resort (DWGR) in the amount of $395,901, plus a $40,000 contingency.
2. Appropriate $443,570 from the unobligated Desert Willow Capital Fund Balance to Account No. 4414195-4809200, DWGR Capital.
3. Authorize the City Attorney to make any necessary non-monetary changes to the change order.
4. Authorize the City Manager to execute the change order and to approve additional written contract change orders requests up to the contingency amount per Section 3.30.170 of the Palm Desert Municipal Code.
5. Authorize the City Manager to execute the Notice of Completion (NOC) and authorize the City Clerk to file the NOC upon satisfactory completion of the project.
BACKGROUND/ANALYSIS:
On December 14, 2023, the City Council awarded a contract to American Landscape, Inc., in the amount of $4,083,396.75, with a $400,000 contingency, for the Desert Willow Firecliff Golf Course Renovation Project. The project commenced on May 15, 2024, and is scheduled for completion by the end of September 2024. The project scope includes:
Renovation and re-leveling of all tee box complexes
Renovation of all 18 greens, with expansion to their original size and new mini-verde turf Relocation of the Hole No. 10 tee boxes to the south to accommodate future development of Lot Pad A.
Turf reduction of over 10 acres in areas that do not affect golf play, funded as part of a mitigation measure by the DSRT Surf Developer.
As part of the $400,000 project contingency the City has approved Change Orders 1 and 2 within the allowed contingency amount.
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City of Palm Desert
Change Order No. 3 for Desert Willow Firecliff Golf Course Renovation Project
Change Order No. 1 - $93,599
This contract modification addressed an unforeseen field condition where a main reclaimed water line was discovered beneath the proposed new tee box complex for Hole No. 10.
Additional grading and relocation of the cart path was required to address this issue. The change order also included the installation of additional sod in transition areas adjacent to tees and greens.
During the renovation, staff, and both landscape and golf course architects, reviewed the turf reduction areas and determined that additional landscape treatments were required to address the stark transitions along greens and fairways left behind from the turf reduction work (see attached turf reductions areas). To address this, staff collaborated with the project team, including Kemper Sports Management, to develop relandscaping options in three tiers. Tier 1 – Relandscaping of key backdrops adjacent to greens, including drought-tolerant plants/irrigation, boulders, cobble, and decomposed granite ground cover. Tier 2 – Use of inert material, boulders, and decomposed granite. Tier 3 – Use of decomposed granite ground cover only in areas along fairways that are not impacted by views.
As an example of Tier 1 landscaping, Holes 9, 11, 12, 14 and 15 included landscape upgrades as part of the construction contract (see Tier 1 landscape photographs).
Change Order No. 2 - $292,985
To address the remaining areas needing landscape or ground cover treatment resulting from turf reduction, the City approved Change Order No. 2. This change order focused on the relandscaping of the remaining Tier 1 areas adjacent to greens and key visible corridors, mitigating the aesthetic impacts caused by turf reduction. Specifically, it included additional relandscaping of backdrops near greens on Holes 1, 4, 7-10, 16, and 18.
Change Order No. 3 - $395,901
This final change order will address funding the relandscaping Tier 2 ($95,839) and Tier 3 ($300,062) areas impacted by turf reduction, aiming to improve playability and aesthetics of the golf course.
All costs associated with these changes are consistent with unit prices provided by the contractor at the beginning of the project. Staff recommends approval of Change Order No. 3 in the amount of $395,901, with an additional contingency of $40,000.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
The Desert Willow Firecliff Golf Course Renovation costs are covered by the Desert Willow Capital Fund. To address the need for additional work, staff is requesting a $443,570 appropriation to fund Change Order No. 3 and the additional $40,000 contingency to Account 128
City of Palm Desert
Change Order No. 3 for Desert Willow Firecliff Golf Course Renovation Project
No. 4414196-4809200. This appropriation will also cover costs for additional design services.
The cost of design and construction for turf reduction improvements will be partially offset by reimbursement from the DSRT SURF developer, as per their agreement. There are sufficient funds available in the Desert Willow Capital Fund, so there is no impact to the General Fund with this action.
The following table provides the current project budget and costs.
Item Authorized Available
Budget
Contract Appropriation
Request
Carryover Funds Awarded Contracts $404,790.00
Consulting Services Hurdzan
Professional - A42830
February 1, 2022 $50,000.00
Design Services Herman Design
Group - C44200
September 29, 2022 $305,100.00
Design Hermann Amend 1 September 6, 2023 $10,000.00 $10,000.00 Design Hermann Amend 2 July 26, 2024 $9,085.00
Design Hermann Amend 3 August 26, 2024 $12,000.00
Construction Management HR
Green – A44920
March 9, 2023 $49,690.00
Appropriation December 14, 2023 $4,473,396.75
Construction American
Landscape - C44200B
December 14, 2023 $10,000.00 $4,083,396.75
Construction CO 1 American $93,599.00
Construction CO 2 American $292,985.00
*Construction CO 3 American September 12, 2024 $395,901.00 *Add Contingency – C44200B September 12, 2024 $40,000
Total $4,898,186.75 $5,341756.75 $443,570
DSRT SURF Developer Reimbursement $319,121.50
Project Cost $5,022,635.25
*Current request
ATTACHMENTS:
1. Change Order No. 3
2. Contractor Proposal – Tier 2
3. Contractor Proposal – Tier 3
4. Photographs – Hole 16 Fairway
5. Photographs – Turf Reduction
6. Photographs – Completed Enhancements
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CITY OF PALM DESERT
CONTRACT CHANGE ORDER
Justification:
Contract No / P.O. #:
Change Order No.:
Contingency: YES NO
Account No.:
Project No.:
Vendor No.:
Description of Changes Decrease
In Contract Price
Increase
In Contract Price
Totals:
Net Change in Contract Price:
Original Contract Amount: +
Contingency: +
Total Budget Amount:
Less: Expend. / Encumb. To Date: -
Less: This Change Order Amount: -
Remaining for Project:
Contingency: +
Less: Prior Change Order(s): -
Less: This Change Order: -
Remaining of Contingency:
__________________________________________________________ dollars and ___/100 (___________) Revised Contract Total: ___________________________
Contractor shall construct, furnish all supervision, labor, services, equipment, and materials, and perform all work necessary or required to fully complete the changes to the Contract described in this Change Order for the amount agreed upon between the Contractor and the City of Palm Desert (“City”).
Contract Purpose:
Contractor Name:
C44200B P116950 3
✔
4414195-4809200 MLS00005 V0016147 Greens/Tee Box Renovation and Turf Reduction at Desert Willow Golf Resort American Landscape, Inc. Relandscape of Tier 2 and 3 $ 395,901.00 $ 0.00 $ 395,901.00 $ 395,901.00 $ 395,901.00 $ 395,901.00 Relandscape Tier 2 and 3 areas impacted by turf reduction to improve playability and aesthetics of the golf course. $ 4,083,396.75 $ 835,901.00 $ 4,919,297.75 $ 835,901.00 $ 4,469,980.75 $ 53,416.00 $ 386,584.00 $ 53,416.00 The amount of the contract will be increased by the sum of: Three Hundred Ninety-Five Nine Hundred One 00 $ 395,901.00 $ 4,865,881.75 131
Continued from Front
Contract No. _________ Contract Change Order No. ___
Contract Time Extension: __________________________
Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the City from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. The adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the work covered by this Change Order. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the work under the Contract. This Change Order will become a supplement to the Contract and all provisions will apply hereto.
1. REQUESTED BY: ______________________
Department Director 2. ACCEPTED BY: ______________________Contractor
3. CERTIFIED FUNDS
AVAILABLE
______________________
Finance Director 4. APPROVED BY: ______________________City Manager NOTE: No payments will be made prior
to City Manager or Council approval
QC: _____
C44200B 3
N/A
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Shawn Muir, Community Services Manager
SUBJECT: APPROVE CHANGE ORDER NO. 1 TO CONTRACT NO. C44470 WITH THE CHRISTMAS KINGS, INC., DBA SOUTHERN CALIFORNIA
LIGHTING, INC., FOR ADDITIONAL SEASONAL LIGHTING (PROJECT NO. MLS00033)
RECOMMENDATION:
1. Approve Change Order No. 1 to Contract No. C44470 with The Christmas Kings, Inc., dba Southern California Lighting, Inc., of Lake Elsinore, California, in the cumulative amount of $122,000, plus an annual contingency amount of $50,000 for additional areas.
2. Authorize extra work in the annual amount of $25,000 for unforeseen conditions and repairs.
3. Authorize the City Manager to execute the agreement, change orders, amendments, and any other documents necessary to effectuate these actions.
BACKGROUND/ANALYSIS:
On November 17, 2022, Contract No. C44470 for the Seasonal Lighting and Décor Program was awarded to The Christmas Kings, Inc., in the amount of $370,000 for a 5-year term commencing July 1, 2023. Recently, the City Council requested that the Seasonal Lighting Subcommittee reconvene to consider additional seasonal lighting along major thoroughfares in the City. The Subcommittee met on January 8, 2024, and April 26, 2024, to determine the scope for the additional lighting and select the décor. The following scope was defined:
Add seasonal décor to safety lights (i.e. intersection light poles) at the following locations:
o All intersections on Highway 111 between Parkview and Hospitality o Intersection of Cook and Gerald Ford
o Intersections on Dinah Shore from Monterey to Gateway Total 64 additional pole décor
Staff contacted The Christmas Kings, Inc., to request a proposal for the additional lighting. The City will rent the additional decorations rather than purchase them to provide cost efficiency. The additional cost for the remainder of the contract term is listed below:
Contract
Year
Season Contract Change
Order #1
Extra
Work
Contingency Annual
Total
Year 1 2023-24 $78,000 N/A N/A N/A $78,000
Year 2 2024-25 $73,000 $35,000 $25,000 $50,000 $183,000 Year 3 2025-26 $73,000 $32,000 $25,000 $50,000 $180,000 Year 4 2026-27 $73,000 $30,000 $25,000 $50,000 $178,000 Year 5 2027-28 $73,000 $25,000 $25,000 $50,000 $173,000 Cumulative Total $370,000 $122,000 $100,000 $200,000 $792,000 157
City of Palm Desert
Approve Change Order for Additional Seasonal Lighting
The total cost for the additional lighting décor selected by the Subcommittee for the remainder of the contract term is $122,000. Staff requests an annual contingency amount of $50,000 to add areas as requested, and $25,000 annually for allowable extra work for unforeseen circumstances and repairs associated with the program.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
The approved operations budget for Fiscal Year 2024-25 includes $185,000 under Account No. 1104614-4391001 for the Seasonal Lighting and Décor Program, which totals $183,000, including contingency and allowable extra work in FY 2024-25. 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 C44470
2. C44470 The Christmas Kings CO1
3. Quote - The Christmas Kings
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CITY OF PALM DESERT
CONTRACT CHANGE ORDER
Justification:
Contract No / P.O. #:
Change Order No.:
Contingency: YES NO
Account No.:
Project No.:
Vendor No.:
Description of Changes Decrease
In Contract Price
Increase
In Contract Price
Totals:
Net Change in Contract Price:
Original Contract Amount: +
Contingency: +
Total Budget Amount:
Less: Expend. / Encumb. To Date: -
Less: This Change Order Amount: -
Remaining for Project:
Contingency: +
Less: Prior Change Order(s): -
Less: This Change Order: -
Remaining of Contingency:
__________________________________________________________ dollars and ___/100 (___________) Revised Contract Total: ___________________________
Contractor shall construct, furnish all supervision, labor, services, equipment, and materials, and perform all work necessary or required to fully complete the changes to the Contract described in this Change Order for the amount agreed upon between the Contractor and the City of Palm Desert (“City”).
Contract Purpose:
Contractor Name:
C44470 1
✔
1104310-4391001 MLS00033 V0014653 Seasonal Lighting and Decor Program The Christmas Kings, dba Southern California Lighting, Inc. Add seasonal décor to safety lights (i.e. intersection light poles) $ 122,000.00 $ 0.00 $ 122,000.00 $ 122,000.00 $ 122,000.00 $ 122,000.00 Add seasonal decor to safety lights (i.e. intersection light poles) at 64 intersections that include:
Intersections on Highway 111 between Parkview and Hospitality Intersection of Cook and Gerald Ford
Intersections on Dinah Shore from Monterey to Gateway
$ 370,000.00 $ 0.00 $ 370,000.00 $ 0.00 $ 370,000.00 -$ 122,000.00 $ 0.00 -$ 122,000.00 The amount of the contract will be increased by the sum of: One Hundred Twenty-Two Thousand 00 $ 122,000.00 $ 492,000.00 199
Continued from Front
Contract No. _________ Contract Change Order No. ___
Contract Time Extension: __________________________
Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the City from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. The adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the work covered by this Change Order. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the work under the Contract. This Change Order will become a supplement to the Contract and all provisions will apply hereto.
1. REQUESTED BY: ______________________
Department Director 2. ACCEPTED BY: ______________________Contractor
3. CERTIFIED FUNDS
AVAILABLE
______________________
Finance Director 4. APPROVED BY: ______________________City Manager NOTE: No payments will be made prior
to City Manager or Council approval
QC: _____
C44470 1
N/A
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Selected Seasonal Lighting Décor
Item No. 18240.B2
Specifications:
• Height 2.50 m
• Length 0.70 m
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: David Reyes Jr., Street Maintenance Supervisor SUBJECT: APPROVE THE PURCHASE OF ONE 580 SN BACKHOE FROM
SONSRAY MACHINERY
RECOMMENDATION:
1. Approve the purchase of a 580 SN BACKHOE from Sonsray Machinery in the amount of $154,264.73, plus $5,000 in contingency for unforeseen costs.
2. Authorize the City Manager to execute all documents necessary to effectuate this action.
BACKGROUND/ANALYSIS:
The City’s current backhoe is more than 20 years old, with 2,600 hours of use and $29,000 in repairs over the last two years. It is expected to last approximately 20 years or 6,000 hours, but due to its age, it will require more frequent repairs. Consequently, during the Fiscal Year 2024- 25 budget preparation, staff included the purchase of a 580 SN Backhoe. The backhoe will be used to remove broken concrete panels, debris and fallen trees in the City’s right-of-way during emergency situations.
Staff requested a quote from Sonsray Machinery, a member of the Sourcewell Program.
Sourcewell is a state program that allows public agencies to acquire a wide variety of commodities and services at prices that have been assessed to be fair, reasonable, and competitive. Sonsray Machinery provided a quote for a new 580 SN Backhoe in the amount of $154,264.73, which includes a 28 percent discount. The new backhoe is expected to have a lifespan of 20 to 25 years, with up to 6,000 hours operational hours depending on usage.
Additionally, the new unit is covered by a factory warranty of 2 years or 2000 hours and an additional extended protection plan of 3 years or 3000 hours.
Therefore, staff requests approval of the purchase under Palm Desert Municipal Code
3.30.160(E), exemptions to procurement methods.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
Funds in the amount of $150,000 for the purchase of the backhoe are included in the approved Capital Improvement Project (CIP) List for FY 2024-25 under the vehicle/equipment replacement Account No. 5304310-4403000. The total cost of the backhoe is $154,264.73, plus $5,000 for unforeseen costs related to long lead times. Staff expects to offset the additional $9,264.73 with savings from other equipment purchases; therefore, no appropriation is requested at this time.
There is no further financial impact to the General Fund related to this action. 203
City of Palm Desert
ATTACHMENT:
1. Sonsray Machinery Quote
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Shawn Muir, Community Services Manager
SUBJECT: AUTHORIZE THE PURCHASE OF BENCH AND WASTE BIN
REPLACEMENTS FOR EL PASEO FROM OUTDOOR CREATIONS, INC.
RECOMMENDATION:
1. Authorize the purchase of bench and waste bin replacements for El Paseo from Outdoor Creations, Inc., in the amount of $212,095.10.
2. Authorize appropriation in the total amount of $212,095.10 from Reallocated Capital Improvement Bond Proceed Funds to Account Number 4514679-5000102.
3. Authorize the City Attorney to make necessary nonmonetary changes to the agreement.
4. Authorize the City Manager to execute the agreement and any other documents necessary to effectuate this action.
BACKGROUND/ANALYSIS:
El Paseo is an integral part of the core commercial area in Palm Desert, providing shopping and dining experiences for residents and visitors. Public Works staff are responsible for maintaining its roads, sidewalks, medians, landscaping, and outdoor equipment, including benches and waste bins.
The benches and waste bins on El Paseo were replaced in 2012 with a recycled concrete product, which has been found to have a shorter lifespan than concrete products. The benches and waste bins are in poor condition and need replacement. Staff conducted research to attain a more durable alternative and discovered that products containing nano-coating were more resistant to staining and graffiti, easier to clean, and longer-lasting.
Staff contacted four concrete vendors to solicit quotes for the benches and waste bins. One vendor declined to provide the custom product requested. The three quotes obtained are as follows:
Vendor Location Cost
Seawright Custom Precast, Inc. Coachella, California $177,340.34 Outdoor Creations, Inc. Anderson, California $212,095.10 Wasau Tile, Inc. Rothschild, Wisconsin $238,238.47
Staff intend to purchase the equipment and complete installation before the peak shopping season on El Paseo. Although Seawright Custom Precast, Inc., provided the lowest proposal, staff have previously found this vendor to have long lead times for large orders. Furthermore, the quote does not include the nano-coating which is desirable for maintaining the benches and 209
City of Palm Desert
Authorize Purchase of El Paseo Benches and Waste Bins
waste bins in the long term. Therefore, staff recommend awarding the Goods and Equipment Purchase Agreement to Outdoor Creations, Inc.
Legal Review:
This report has been reviewed by the City Attorney’s office.
Appointed Body Recommendation:
Staff attended two El Paseo Business Improvement District (EPBID) board meetings to present options for bench and waste bin replacement. EPBID members asked questions and provided input on the design and composition of the benches and waste bins. After receiving this input, staff recommends purchasing 35 new, permanent benches and 35 new, permanent waste bins to replace the existing outdoor equipment along El Paseo.
FINANCIAL IMPACT:
The purchase of the El Paseo equipment is not included in the approved Capital Improvement Project (CIP) List for Fiscal Year 2024-25, as the request was brought forward after the budget approval process. Given the longer lifetime and sustainability of the new product, staff requests an appropriation of $212,095.10 from reallocated capital improvement bond proceed funds to Account No. 4514679-5000102. Therefore, there will be no additional financial impact to the General Fund with this action.
Description 2024-25
Budget
Project Cost Requested
Appropriation
Custom Dual Waste Bins $0 $116,192.21 $116,192.21
Custom Flat Benches $0 $95,902.89 $95,902.89
Totals $0 $212,095.10 $212,095.10
ATTACHMENTS:
1. City Goods and Equipment Purchase Agreement – Outdoor Creations, Inc.
2. Outdoor Creations – Quote and Design
3. Product Renderings
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Contract No.
1 CITY OF PALM DESERT
GOODS AND EQUIPMENT PURCHASE AGREEMENT
This Goods and Equipment Purchase Agreement (“Agreement”) is entered into this 22ND day of AUGUST, 2024, by and between the City of Palm Desert (“City”), and OUTDOOR CREATIONS, INC., a CORPORATION, with its principal place of business at 2270 BARNEY ROAD, ANDERSON, CA 96007 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
Section 1. DEFINITIONS/COOPERATIVE PROCUREMENT.
A. Definitions.
1. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor, or other services, including design, engineering, and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference.
2. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to the City, ready for approval, testing and/or use as specified in Exhibit “B.” B. Cooperative Procurement. This Agreement is entered into pursuant to City of Palm Desert Municipal Code section 3.30.160, which authorizes participation with other governmental agencies who have, through a bidding process, determined to award or purchase goods and/or services from Supplier.
1. Program. The purchase has been made through a REQUEST FOR QUOTES, a program for the procurement of goods and services for governmental agencies.
Documents related to the procurement of this Agreement shall be made available to City upon request.
2. Reserved.
Section 2. MATERIALS AND WORKMANSHIP.
When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without the City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this 0 will be deemed to be defective material for purposes of 0. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, the City will decide the question of equality. When requested by the City, Supplier will furnish the City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods.
Material samples will be submitted at the City’s request.
Section 3. INSPECTIONS AND TESTS.
The City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, the City may reject the Goods or exercise any of its rights under C. The inspection, failure to make 211
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2 inspection, acceptance of goods, or payment for goods shall not impair the City’s right to reject nonconforming goods, irrespective of the City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.
Section 4. WARRANTY.
A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by the City as required for final payment under
0. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.
B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. The City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this B.
C. For any breach of the warranties contained in A and B, Supplier will, immediately after receiving notice from the City, at the option of the City, and at Supplier’s own expense and without cost to the City:
1. Repair the defective Goods;
2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or
3. Repay to City the purchase price of the defective Goods.
If City selects repair or replacement, any defects will be remedied without cost to the City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to the City.
D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold the City and their officials, officers, employees, volunteers, representatives, and agents harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
E. In the event of a breach by Supplier of its obligations under this 0, the City will not be limited to the remedies set forth in this 0, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to the City under the California Commercial Code.
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3 Section 5. PRICES.
Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by the City’s authorized representative. The total price shall include (i) all federal, state, and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to the City hereunder; and (ii) all charges for packing, freight and transportation to destination.
Section 6. CHANGES.
City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between the City and Supplier and such change will be authorized by a change order document signed by the City and accepted by Supplier.
Section 7. PAYMENTS.
A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.
B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by the City in advance of the first invoice cycle.
C. Payments otherwise due may be withheld by the City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect the City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, the City may remove them at Supplier’s expense.
D. Payment of the final Progress Milestone payment or any retention will be made by City upon:
1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone;
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4 2. Written acceptance of the Goods by the City;
3. Delivery of all drawings and specifications, if required by City;
4. Delivery of executed full releases of any and all liens arising out of this Agreement; and
5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.
If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to the City to indemnify City against any claim or lien at no cost to the City.
E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against the City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.
Section 8. SCHEDULE FOR DELIVERY.
A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify the City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights the City may have under this Agreement or at law, Supplier shall pay City the sum of $250.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that the City can maximize the efficient completion of such project(s).
Section 9. TAXES.
A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.
B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state, or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.
C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the 214
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5 Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.
D. Supplier will, upon written request, submit to the City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.
Section 10. INDEPENDENT CONTRACTOR.
Supplier enters into this Agreement as an independent contractor and not as an employee of the City. Supplier shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.
Section 11. SUBCONTRACTS.
Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to the City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.
Section 12. TITLE AND RISK OF LOSS.
Unless otherwise agreed, the City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of the City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then the City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.
Section 13. INDEMNIFICATION.
A. Supplier shall defend, indemnify and hold the City of Palm Desert (“City”), and their officials, officers, employees, volunteers, representatives and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of 215
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6 all damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, and their officials, officers, employees, agents, representatives or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against the City or its officials, officers, employees, agents, representatives or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse the City and their officials, officers, employees, agents, representatives and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, and their officials, officers, employees, agents, representatives or volunteers.
Section 14. INSURANCE.
A. General. Supplier shall take out and maintain:
1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;
2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);
3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and
4. Pollution Liability Insurance. RESERVED.
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5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.
B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage.
The policies required under this Section shall give the City, and their officials, officers, employees, agents, representatives, or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City, or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, and their officials, officers, employees, agents, representatives, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available 216
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7 coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.
C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.
D. Evidence of Insurance. Supplier shall furnish the City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.
Section 15. LIENS.
A. Supplier, subcontractors and any other suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and any other suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and any other suppliers agree that this provision waiving the right of Claims will be an independent covenant.
B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.
Section 16. TERMINATION OF AGREEMENT BY CITY.
A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, the City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier.
In such event the City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. 217
Contract No.
8 B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which the City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.
C. On receipt of notice under B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,
1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,
2. Unless otherwise directed by the City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and
3. Deliver only such portions of the Goods which the City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.
D. Upon termination pursuant to B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that the City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to C.
Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.
B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
C. In the event of any such excused interference with shipments, the City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.
218
Contract No.
9 Section 18. MISCELLANEOUS PROVISIONS.
A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:
CITY:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: Shawn Muir, Community Services
Manager
SUPPLIER:
OUTDOOR CREATIONS, INC.
2270 BARNEY ROAD
ANDERSON, CA 96007
Attn: TIM L. HUDSON
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.
C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.
H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. 219
Contract No.
10 I. No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.
K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.
N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.
[SIGNATURES ON FOLLOWING PAGE]
220
Contract No.
11 ___
SIGNATURE PAGE TO GOODS AND EQUIPMENT PURCHASE AGREEMENT
BETWEEN THE CITY OF PALM DESERT
AND OUTDOOR CREATIONS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
OUTDOOR CREATIONS, INC., A
CORPORATION
By:
Its:
Attest:
By:
Anthony J. Mejia
City Clerk
General Manager
Printed Name:
Ken Nichols
By:
Its:
Regional Manager
Printed Name:
Nathan Packer
Approved as to form:
By:
Best Best & Krieger LLP
City Attorney
QC:
Insurance:
Initial Review
Final Approval
221
Contract No.
12 Exhibit A
Goods Specifications
The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided. • Quantity: 35
Custom Block Leg 18" x 18" x 78" Flat Bench with Skate Deterrents and Reveal at Top.
Cast In Logo - City of Palm Desert Logo Painted, Black & Tan on one side of bench, Medium Sandblast, Nano coating, Light Gray, tax and shipping • Quantity: 35
Custom 39" W x 33" T x 21 D Dual open top waste container. Reveal at 6" from Top. 7" wide slots on bottom for lifting purposes- 2 Liners included - SQT29 Cast In Logo - 26" x 18" City of Palm Desert Logo Painted Black & Tan on one side of unit Custom Lid - Powdercoated Recycle Blue with (2) RECYCLE Stickers - 9" Deposit Hole Custom Lid - Powdercoated Bronze with (2) TRASH Stickers - 9" Deposit Hole Light Sandblast, Nano coating, Light Gray, tax and shipping 222
Contract No.
13 Exhibit B
Delivery Schedule
Manufacturer estimates an 18-week production schedule. Delivery will be scheduled upon completion of production.
223
Contract No.
14 Exhibit C
Fee Schedule
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Benches 35 each $2,368.00 $82,880.00
Shipping $6,125.00
Salex Tax $6,897.89
2 Waste Container 35 each $2,906.00 $101,710.00
Shipping $6,125.00
Sales Tax $8,357.21
TOTAL $212,095.10
224
Qty. UOM Model # Description Unit Price Amount
35 EA Custom Custom Block Leg 18" x 18" x 78" Flat Bench with 2,368.00 82,880.00 Skate Deterrents and Reveal at Top.
35 <Each> Cast In Logo Cast In Logo - City of Palm Desert Logo Painted Black & Tan on two sides of bench
EA LT SB Light Sandblast
EA NANO Nano - Non-sacrificial sealer
<Each> Tan ODC Tan Color
1 <Each> Shipping Must Be Taxed, Company Owned Truck 6,125.00 6,125.00 Sales Rep
SOLD TO
Good Thru
8/24/24
Terms
TOTAL 95,902.89
Sales Tax 6,897.89
Subtotal 89,005.00
530-365-6106 530-365-5129
QUOTATION
Tim L. Hudson
AUTHORIZED SALES PERSON SIGNATURE
PH# FX#
Email [email protected]
SHIP TO
PLEASE FILL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS.
STANDARD DELIVERY A.R.O AND APPROVED SUBMITTALS/ORDER IS 16+ WEEKS (Does not apply to custom products). 7/25/24
Date: 7/25/24
Quote No.: Q7428
Accounts Payable
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
USA
Tim L. Hudson Net 30 Days
Please sign here to confirm your order and acknowledge that you have read and understand our terms and conditions
Forklift required upon delivery unless other arrangements made prior to order.
Palm Desert, City of Custom Flat Benches
Brad Chuck 760-423-3392
[email protected]
Palm Desert, CA 92260
Purchase Order
2270 Barney Road
Anderson, CA 96007
USA
Outdoor Creations Inc.
Final sales tax will be
calculated at time of
shipping. 225
CUSTOM FLAT BENCH - 18" x 18" x 78"
CITY OF PALM DESERT, CA
ELEVATION SECTION
PLAN
OUTDOOR CREATIONS, INC. SCALE: 1” = 18” MAN. TOL. +/- 1/4" DRAWN BY: MNC 7/25/24 REV.2
OUTDOOR
CREATIONS
INC.
2270 Barney Street
Anderson, CA 96007
(530) 365-6106
FAX (530) 365-5129
NOTES:
1. Concrete mix design to include a mixture of Portland Cement, water, coarse and fine aggregates, pure mineral oxide coloring agents (when applicable) to yield a minimum compressive strength of 5000 psi.
2. Final product shall be reinforced with #4 and #5 rebar grid.
3. Product is cast in 1-piece with no assembly required.
4. Hairline cracks may develop over time. These are not structural failures, but inherent characteristics of the material itself.
5. Air pockets are a common occurrence in precast products.
The frequency and size of air pockets are variable and to be expected, especially on vertical surfaces.
6. Concrete corners and edges will chip if not handled according to guidelines. Patch kits are available but may or may not blend and can be variable.
7. There is a level of care and maintenance associated with your product and is the responsibility of the end user. Choosing the right sealer can help minimize those costs.
WEIGHT: 1200 LBS
TEXTURE: Light Sandblast
COLOR: ODC Tan
SEALER: Nano Tech Barrier
CUSTOMER APPROVAL x________________________________________ BENCH INSTALLATION::
This bench model will have cast in
threaded inserts in the bottom of each leg.
Bench will be supplied with coilrod for
mechanical attachment, as an additional
security method.
**Bench requires epoxy applied to cover
bottom of entire leg. Epoxy adhesive should
be checked periodically to ensure continued
adhesion.
*Threaded inserts in legs for mounting dowels (1 per leg). (2) 3/4” x 8” coilrods provided per bench for mounting. 1/2" Radius on all edges
78 in
18 in
12 in
12 in
1 1/2 in
15 in
15 in 24 in 24 in 15 in
18 in
18 in
15 in 1 1/2 in
12 in
78 in
18 in
15 in 24 in 24 in 15 in Anti Skate Indention
Profile
2”
11/16"
Anti-skate indents on both sides of bench
*Paint colors:
Black
Tan: PPG 1090-6 Allegro
(2) Cast in logos
on outer of both legs
painted black and tan
(background color of concrete)
Size: 14" x 8 1/4"
NEW LOGO
226
*Paint colors:
Black
Tan: PPG 1090-6 Allegro
(2) Cast in logos
on outer both legs
painted black and tan
(background color of concrete)
Size: 14" x 8 1/4"
NEW LOGO
CUSTOM FLAT BENCH - 18" x 18" x 78"
PALM DESERT LOGO, CAST IN
OUTDOOR CREATIONS, INC. DRAWN BY: MNC REV.2
OUTDOOR
CREATIONS
INC.
2270 Barney Street
Anderson, CA 96007
(530) 365-6106
FAX (530) 365-5129
PLEASE NOTE:
It is VERY IMPORTANT to carefully read over your artwork, this includes, but is not limited to, the spelling of names, dates, places, logos, etc. Outdoor Creations Inc. is not liable for replacement of product, if artwork has been approved. Replacement of product that was approved with incorrect spellings, dates, logos, etc will be the responsibility of the customer.
Thank you for your understanding.
I have read the above statement and approve the artwork:__________________________ 227 Qty. UOM Model # Description Unit Price Amount
35 EA Custom Custom 39" W x 33" T x 21 D Dual open top waste 2,906.00 101,710.00 container. Reveal at 6" from Top. 7" wide slots on
bottom for lifting purposes- 2 Liners included -
SQT29
35 <Each> Cast In Logo Cast In Logo - 26" x 18" City of Palm Desert Logo Painted Black & Tan on one side of unit
35 EA Custom Custom Lid - Powdercoated Recycle Blue with (2)RECYCLE Stickers - 9" Deposit Hole
35 EA Custom Custom Lid - Powdercoated Bronze with (2)TRASH Stickers - 9" Deposit Hole
EA LT SB Light Sandblast
EA NANO Nano - Non-sacrificial sealer
<Each> Tan ODC Tan Color
1 <Each> Shipping Must Be Taxed, Company Owned Truck 6,125.00 6,125.00 Sales Rep
SOLD TO
Good Thru
8/24/24
Terms
TOTAL 116,192.21
Sales Tax 8,357.21
Subtotal 107,835.00
530-365-6106 530-365-5129
QUOTATION
Tim L. Hudson
AUTHORIZED SALES PERSON SIGNATURE
PH# FX#
Email [email protected]
SHIP TO
PLEASE FILL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS.
STANDARD DELIVERY A.R.O AND APPROVED SUBMITTALS/ORDER IS 16+ WEEKS (Does not apply to custom products). 7/25/24
Date: 7/25/24
Quote No.: Q7357
Accounts Payable
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
USA
Tim L. Hudson Net 30 Days
Please sign here to confirm your order and acknowledge that you have read and understand our terms and conditions
Forklift required upon delivery unless other arrangements made prior to order.
Palm Desert, City of Custom Dual Waste Receptacles
Brad Chuck 760-423-3392
[email protected]
Palm Desert, CA 92260
Purchase Order
2270 Barney Road
Anderson, CA 96007
USA
Outdoor Creations Inc.
Final sales tax will be
calculated at time of
shipping. 228
CUSTOM TRASH/RECYCLE RECEPTACLE - 39" x 21" x 33"
CITY OF PALM DESERT, CA
ELEVATION
PLAN
SIDE VIEW
OUTDOOR CREATIONS, INC. SCALE: 1” = 18” MAN. TOL. +/- 1/4" DRAWN BY: MNC 3/12/24 REV.1
OUTDOOR
CREATIONS
INC.
2270 Barney Street
Anderson, CA 96007
(530) 365-6106
FAX (530) 365-5129
NOTES:
1. Concrete mix design to include a mixture of Portland Cement, water, coarse and fine aggregates, pure mineral oxide coloring agents (when applicable) to yield a minimum compressive strength of 5000 psi.
2. Final product shall be reinforced with #4 and #5 rebar grid.
3. Product is cast in 1-piece with no assembly required.
4. Hairline cracks may develop over time. These are not structural failures, but inherent characteristics of the material itself.
5. Air pockets are a common occurrence in precast products.
The frequency and size of air pockets are variable and to be expected, especially on vertical surfaces.
6. Concrete corners and edges will chip if not handled according to guidelines. Patch kits are available but may or may not blend and can be variable.
7. There is a level of care and maintenance associated with your product and is the responsibility of the end user. Choosing the right sealer can help minimize those costs.
WEIGHT: 1500 LBS.
TEXTURE: Light Sandblast
COLOR: ODC Tan
SEALER: Nano Tech Barrier
CUSTOMER APPROVAL x________________________________________ 21 in
33 in
RECYCLE
RECYCLE
TRASH
TRASH
39 in
21 in
39 in
33 in
6 in
2 in
7 in
39 in
3 1/2 in 6 in
3 1/2 in
2 1/2 in
21 in
3 1/2 in
33 in
Steel lid, powdercoated
Color “Recycle Blue”
GR1372-BL01
(2) “Recycle” decals applied
to lid, white vinyl
9" dia. deposit hole
Steel lid, powdercoated
Color “Bronze”
GR1372-BR340
(2) “Recycle” decals applied
to lid, white vinyl
9" dia. deposit hole
Unit to be light sandblast
EXCEPT logo and area around logo
(1) Rectangle area around logo, cast in.
Artwork at face of unit, painted black and tan
Size: 26" x 18"
Logo on this side of receptacle
*Unit includes (2) Plastic Liners: SQT29
*Paint colors:
Black
Tan: PPG 1090-6 Allegro
Liners
Recommended to secure trash
receptacle to concrete
slab with construction epoxy.
Threaded steel
inserts for attaching
lid retaining cable 1/2" Radius on edges
229
230
Waste Bin – 3D Rendering provided by Outdoor Creations, Inc. 231
Bench – 3D Rendering provided by Outdoor Creations, Inc. 232
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Shawn Muir, Community Services Manager
Martin Alvarez, Director of Public Works
SUBJECT: AWARD CONTRACT NO. C47810 TO SUPERB ENGINEERING, INC.,
FOR THE DESERT WILLOW PERIMETER LANDSCAPE AND LIGHTING
REHABILITATION PHASE 3 (PROJECT NO. CLS00001)
RECOMMENDATION:
1. Award contract no. C47810 to Superb Engineering, Inc., of Banning, California, in the amount of $1,031,528.03, plus a $200,000 contingency, for the Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3.
2. Authorize the City Attorney to make necessary nonmonetary changes to the contract.
3. Authorize the City Manager to execute the contract and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.
4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project.
BACKGROUND/ANALYSIS:
Over the past several years, the landscape material on the perimeter of the Desert Willow Golf Resort has surpassed its utility. The effects of blow sand coming from undeveloped properties have changed the original perimeter grade by burying plants, cobble, and boulders along Country Club Drive, Portola Avenue, and Frank Sinatra Drive.
Phase 1 of the landscape rehabilitation project was completed on December 10, 2020, and encompassed the perimeter landscape planter on Country Club Drive from Desert Willow Drive west to the Desert Willow property boundary. Phase 2 of the project was completed on November 12, 2023, and encompassed Portola Avenue from Country Club Drive north to Frank Sinatra Drive. Privately maintained landscape is excluded from this project. Phase 3, the final phase, of this project consists of landscaping Cook Street and Frank Sinatra Drive parkway planters at the Desert Willow Golf Resort.
City staff worked with a landscape architect to develop a comprehensive design plan that includes removing unsalvageable plant material while reusing existing inorganic material, such as cobble and boulders. In addition, accent plant material, such as barrel cacti, will be salvaged and incorporated into the new design. The design also entails installing new trees, shrubs, accents, and additional inorganic material along with a refreshed landscape. A $10,000 contingency per area was included in the bid schedule. This allows for additional planting and aggregate to be included as the project is built, and ensures the outcome is to the City’s standards. Solar lighting bollards will be installed along the sidewalk to provide ambient lighting, 233
City of Palm Desert
Award a Contract to Superb Engineering, Inc.
which currently does not exist. This will encourage pedestrian traffic and provide a measure of safety when walking along the sidewalk in the evenings.
Phase 3 of the project was advertised for proposals through the City’s bid management portal, OpenGov, and on July 22, 2024, four proposals were received electronically.
Contractor Location Cost
Superb Engineering, Inc. Banning, California $1,031,528.03 Marina Landscape, Inc. Orange, California $1,324,471.50 Vintage Landscape Bermuda Dunes, California $1,376,343.50 Urban Habitat La Quinta, California $1,680,596.82
City staff reviewed the bid submissions and found that Superb Engineering, Inc. offered the lowest responsive bid. Given that Superb Engineering, Inc. is a relatively new landscape company with no prior experience working with the City, staff conducted a comprehensive evaluation of the company’s qualifications to confirm their ability to meet City standards.
Staff contacted the references supplied by Superb Engineering, Inc. and received consistently positive feedback. The references affirmed that Superb Engineering, Inc. completed projects on schedule, maintained prompt and accurate communication, and consistently met or exceeded industry standards. Details of the reference checks for projects completed by Superb Engineering, Inc. are outlined below.
References
Agency Name Project Amount
Temecula Valley
Unified School District
Reclaimed Water System Install
Converting potable water system to recycled.
Completion date: August 2023
$585,364
City of Coachella Las Lunas & Calle Bougainvillea Retention Basin Landscape Improvements
Irrigation, landscape and rock groundcover.
Completion date: October 2023
$177,039
City of Perris Landscape Rehabilitation CDBG
Clearing and grubbing. Point to point irrigation conversions.
Installation of turf, 30 trees, 1,018 plants and shrubs.
Installation of 4,546 S.F of groundcover and 389 S.F. of ivy geranium. Maintenance period.
Completion date: March 2024
$204,048
City of Maywood Beautification
Landscape and tree planting in addition to irrigation
Completion date: May 2024
$945,329
City of Needles River’s Edge Golf Course
Installation of new irrigation services lines, permanent sprinkler heads, and timed sprinkler valves.
Completion date: August 2024
$711,488
234
City of Palm Desert
Award a Contract to Superb Engineering, Inc.
The client references gave uniformly positive feedback and for this reason, staff recommends awarding the contract to Superb Engineering, Inc., in an amount not to exceed $1,031,528.03.
The contract amount includes $20,000 contingency to be utilized to increase planting and aggregate features where feasible. Additionally, staff requests a separate $200,000 contingency for any unforeseen costs.
Legal Review:
This report has been reviewed by the City Attorney’s office.
Strategic Plan:
Parks and Recreation - Priority 1: Prepare for the financial requirements of maintaining existing parks to the highest level of service.
FINANCIAL IMPACT:
The approved Capital Improvement Project (CIP) list for Fiscal Year 2024-25 includes $1,300,000 for the Desert Willow Perimeter Landscape and Lighting Rehabilitation Project under the Desert Willow Contingency/Capital Account No. 4414195-4809200. The total cost of the project is $1,031,528.03, plus a contingency of $200,000, for a total of $1,231,528.03; therefore, there is no financial impact to the General Fund.
The table below reflects the total cost for all phases of the project:
**Current request
ATTACHMENTS:
1. Construction Contract
2. Payment and Performance Bonds
3. Superb Engineering, Inc. Proposal
4. Bid Guarantee
5. Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase Map Project Phase Award Contract Amount
Landscape Design Services Phase 1 – A39360 September 20, 2019 $20,000.00 DW Perimeter Landscape and Lighting Phase 1 – C39990 June 25, 2020 $218,565.00 Landscape Design Services Phase 2 – A43950 August 23, 2022 $35,750.00 DW Perimeter Landscape and Lighting Phase 2 – C44890 May 11, 2023 $319,260.00 Landscape Design Services Phase 3 – A46890 January 1, 2024 $100,000.00 **DW Perimeter Landscape and Lighting Phase 3 September 12, 2024 $1,031,528.03 **DW Perimeter Landscape and Lighting – Contingency $200,000.00 Total Project Cost $1,925,103.03
235
236
Contract No. ___________
1 Revised 01-2024
BBK 72500.00001\32374943.1
CITY OF PALM DESERT
CONTRACT FOR CONSTRUCTION
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 Superb Engineering Inc., a Corporation, with its principal place of business at 2947 W. Lincoln Street, Suite 105, Banning, CA 92220 (" ("Contractor").
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Desert Willow Perimeter Landscape and Lighting Rehabilitations Phase 3 Project
Project No. Project No. CLS00001
(hereinafter referred to as “the Project”).
Consists of furnishing all labor, materials, necessary tools and machinery, supervision, traffic control, utility connections, and transportation services required for the construction of landscape improvements necessary in accordance with the bid items in the contractor’s bid, the specifications, and other provisions of the contract.
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Thirty-One Thousand Five Hundred Twenty-Eight Dollars and Three Cents ($1,031,528.03).
Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s 237
Contract No. ___________
2 Revised 01-2024
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actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. 238
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All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION AND INSURANCE
A. Indemnification
1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify, and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against:
(a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to 239
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faithfully perform the Work and all of Contractor’s obligations under Contract.
Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.
2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees, 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. The only limitations on this provision shall be those imposed by Civil Code section 2782.
3. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article.
B. Insurance
1. Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.
2. 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 $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
3. 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 Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such 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, automotive liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
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A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
(a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
5. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
6. Fidelity Coverage. Contractor shall provide evidence of fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than $1,000,000 per occurrence.
7. Pollution Liability Insurance. 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.
C.Other Provisions or Requirements
1. 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.
2. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees, or subcontractors.
Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The 241
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City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
3. 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.
4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion.
Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.
5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, 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 Contract.
6. 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.
7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, 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, agents, officials, employees, and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.
8. 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.
9. 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 242
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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.
10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage.
11. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor.
12. 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.
13. 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.
14. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, subcontractors, 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.
15. City’s Right to Revise Requirements. 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 substantial additional 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.
16. 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. 243
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17. 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 Contract, and that involve or may involve coverage under any of the required liability policies.
18. 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.
19. 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 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.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity.
These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees.
Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND SUPERB ENGINEERING, 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
SUPERB ENGINEERING, INC, A
CORPORATION
By:
Estela Candelario
President
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
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Exhibit “C”
Revised 11-2-20
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Superb Engineering, Inc., (hereinafter referred to as the “Contractor”) an agreement for the Desert Willow Perimeter Landscape and Lighting Rehabilitation Project (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, Superb Engineering 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 One Million Thirty-One Thousand Five Hundred Twenty-Eight Dollars and Three cents, ($1,031,528.03), 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
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(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.
[SIGNATURES ON NEXT PAGE]
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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.
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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
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
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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.
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
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
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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 Superb Engineering Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:
Desert Willow Perimeter Landscape and Lighting Rehabilitation Project (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 One Million Thirty-One Thousand Five Hundred Twenty-Eight Dollars and Three cents Dollars, ($1,031,528.03) 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 252
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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.
[SIGNATURES ON NEXT PAGE]
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Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ___________
Title: President
(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.
254
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
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
255
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.
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
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
256
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT
IFB No. 2024-IFB-121
Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project RESPONSE DEADLINE: July 22, 2024 at 2:00 pm
Report Generated: Wednesday, July 24, 2024
Superb Engineering, Inc. Response
CONTACT INFORMATION
Company:
Superb Engineering, Inc.
Email:
[email protected]
Contact:
Estela Candelario
Address:
2947 W. Lincoln St.,
Ste. 105
Banning, CA 92220
Phone:
(909) 269-2333
Website:
https://www.superb-engineering.com/
Submission Date:
Jul 22, 2024 1:53 PM
257
[SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT
IFB No. 2024-IFB-121
Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project [SUPERB ENGINEERING, INC.] RESPONSE DOCUMENT REPORT
PUBLIC WORKS - Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3 Project