Palm Desert City Council
September 26, 2024

PALM DESERT CITY COUNCIL

MEETING AGENDA

Thursday, September 26, 2024
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

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE
Councilmember Trubee

4. INSPIRATION
Councilmember Kelly

5. AWARDS, PRESENTATIONS, AND APPOINTMENTS

5.a PROCLAMATION: FIRE PREVENTION AND MINI-MUSTER MONTH 11

6. CITY MANAGER COMMENTS

6.a PRESENTATION ON CRIME TRENDS AND LAW ENFORCEMENT

SERVICE LEVELS
43 7. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION

8. NONAGENDA PUBLIC COMMENTS
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.

9. 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.

9.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING

AUTHORITY MINUTES
45 RECOMMENDATION:

Approve the Minutes of September 12, 2024.

9.b APPROVAL OF WARRANT REGISTERS 59
RECOMMENDATION:

Approve the warrant registers issued September 5 - September 13, 2024.

9.c RESOLUTION TO APPROVE THE ARTIFICIAL TURF/SYNTHETIC GRASS ADMINISTRATIVE POLICY NO. PW-001
83 RECOMMENDATION:

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

THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING
ADMINISTRATIVE POLICY NO. PW-001 TO PROHIBIT THE USE OF ARTIFICAL TURF/SYNTHETIC GRASS IN PUBLIC RIGHTS-OF-WAY.” City Council Meeting Agenda
September 26, 2024
2 9.d APPROVAL OF AGREEMENTS WITH WORKDAY, INC., RELATED TO

THE IMPLEMENTATION OF A NEW ENTERPRISE RESOURCE

PLANNING (ERP) SYSTEM
91 RECOMMENDATION:

Approve Agreements with Workday, Inc., for the acquisition and implementation of a new enterprise resource planning system.

1. Appropriate $393,353 to the Information Technology Special Programs Account Number 1104190-4390000 from unobligated General Fund Reserves for implementation, training, and 10% contingency.

2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreements.

3. Authorized the City Manager to execute the agreement, future amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.

4. 9.e UNITE PALM DESERT AUTISM CERTIFICATION REIMBURSEMENT

PROGRAM FOR PALM DESERT BUSINESSES
147
RECOMMENDATION:

Approve the Unite Palm Desert Autism Certification Reimbursement Program (ACRP).

1. Authorize Director of Finance to transfer $30,000 from the Business Enhancement Program funds to Account No. 4254430-4393000 for the Autism Certification Reimbursement Program (ACRP).

2. Authorize City Manager to execute all documents required to effectuate the program.

3. 9.f AWARD CONTRACTS TO MULTIPLE CONSULTANTS FOR ON-CALL

TRAFFIC CONSULTING AND DESIGN SERVICES
161
RECOMMENDATION:

Award Professional Services Agreements with multiple consultants for on-call traffic consulting and design services, with an annual aggregate amount not to exceed $1,000,000 (per fiscal year) for a three-year term, with two one-year extension options.

1. Authorize the City Attorney to make necessary nonmonetary changes to the agreements.

2. Authorize the City Manager to execute the agreements and to approve up to two additional one-year terms per contract.

3. City Council Meeting Agenda
September 26, 2024
3 9.g RESOLUTION TO ADOPT THE CITY OF PALM DESERT CONFLICT OF

INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT
351
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE CITY’S CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION 2022-

97.”

9.h AWARD CONTRACTS TO MULTIPLE CONSULTANTS FOR GRANT

WRITING AND ADVOCACY SERVICES
367
RECOMMENDATION:

Award Contracts to The Criscom Company, Ardurra Group, Inc., and Engineering Solutions Services for the grant writing and advocacy services for an aggregate amount between selected firms, not to exceed $200,000 per fiscal year.

1. Authorize the City Attorney to make any necessary nonmonetary changes to the agreements.

2. Authorize the City Manager to execute the agreements and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.

3. 9.i APPROVAL OF THE UNITE PALM DESERT BUSINESS EMERGENCY

ASSISTANCE PROGRAM (BEAP)
571
RECOMMENDATION:

Approve the Unite Palm Desert Business Emergency Assistance Program (BEAP).

1. Authorize Director of Finance to transfer $100,000 from the Business Enhancement Program funds to Account No. 4254430- 4393000 for the Business Emergency Assistance Program (BEAP).

2. Authorize the City Manager to modify evaluation guidelines and criteria for BEAP

3. Authorize City Manager to execute all documents required to effectuate the program.

4. 9.j INFORMATIONAL REPORT ON THE COMPREHENSIVE CLIMATE

ACTION PLAN
579
RECOMMENDATION:

Receive and file an update on the Comprehensive Climate Action Plan.

City Council Meeting Agenda
September 26, 2024
4 9.k APPROVAL OF THE 2024 PALM DESERT GOLF CART PARADE 597 RECOMMENDATION:

Permit the sale, possession, and consumption of alcoholic beverages on Public Property Pursuant to Palm Desert Municipal Code 9.58.040.

1. Waive Palm Desert Municipal Code Section 11.01.140 – Amplified Sound.

2. Authorize the City Manager to execute any documents that may be necessary to facilitate the event.

3. 9.l HOUSING AUTHORITY RESOLUTIONS TO AMEND AND RESTATE THE

BYLAWS OF THE PALM DESERT HOUSING AUTHORITY AND PALM

DESERT HOUSING COMMISSION
599
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE PALM

DESERT HOUSING AUTHORITY OF THE CITY OF PALM

DESERT, CALIFORNIA, AMENDING AND RESTATING THE
BYLAWS OF THE PALM DESERT HOUSING AUTHORITY.”

1. Adopt a Resolution entitled, “A RESOLUTION OF THE PALM

DESERT HOUSING AUTHORITY OF THE CITY OF PALM

DESERT, CALIFORNIA, AMENDING AND RESTATING THE
BYLAWS OF THE PALM DESERT HOUSING COMMISSION.”

2. 9.m RATIFY TKE ENGINEERING, INC., FOR ON-CALL CONSTRUCTION

MANAGEMENT SERVICES FOR THE HOUSING AUTHORITY

PROPERTIES
611
RECOMMENDATION:

Ratify the award of contract to TKE Engineering, Inc., as an additional consultant to the On-Call Construction Management Services contract for the Housing Authority properties in a shared aggregate amount with the City in an amount not to exceed $11,739,394.

1. Authorize the City to administer the contract on behalf of the Housing Authority and authorize the City Manager to execute contract and subsequent task orders.

2. Direct the Directors of Finance, Public Works, and Capital Projects to review annual expenditures and performance of the vendor under this contract.

3. 9.n REJECT ALL PROPOSALS SUBMITTED FOR COURTESY PATROL

SERVICES AT HOUSING AUTHORITY PROPERTIES
613
RECOMMENDATION:

Reject all proposals submitted for Courtesy Patrol Services at Palm Desert Housing Authority owned properties.

1. Authorize staff’s request to solicit proposals for camera system installation and off-site monitoring services.

2. City Council Meeting Agenda
September 26, 2024
5 9.o AUTHORIZE PARTICIPATION AND FUNDING COMMITMENT FOR

IMPERIAL IRRIGATION DISTRICT ENERGY PARTNERSHIP TO

DEVELOP NEW SUBSTATION
615
RECOMMENDATION:

Authorize the City’s participation in the Imperial Irrigation District Energy Partnership for the development of a new substation, including a commitment to funding and reservation of energy capacity, and authorize the City Manager to execute all necessary agreements.

1. Appropriate $950,000 from General Fund reserves and transfer out to Capital Project Budget North Sphere Electric Substation Account 4004258-4400100.

2. 9.p RATIFY AMENDMENT NOS. 1, 2, AND 3 TO CONTRACT NO. C44200

WITH HERMANN DESIGN GROUP FOR THE DESERT WILLOW GREENS
AND TEE BOX RENOVATION AND TURF REDUCTION (MLS00005)
631
RECOMMENDATION:

Ratify Amendment Nos. 1, 2, and 3 to Contract No. C44200 with Hermann Design Group for the Desert Willow Greens and Tee Box Renovation and Turf Reduction Project for a total amount of $31,085.

1. Authorize the City Manager to execute the amendment and any documents necessary to effectuate the actions taken herewith.

2. 9.q RESOLUTION APPROVING FINAL PARCEL MAP 37234 AND

ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT
677
RECOMMENDATION:

Adopt Resolution entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,

APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP
NO. 37234”

1. Authorize the City Attorney to make necessary nonmonetary changes to the agreement.

2. Authorize the City Manager to execute the Subdivision Improvement Agreement.

3. 9.r RESOLUTION ADOPTING POLICY CLRK-002: THREATS OF VIOLENCE

DIRECTED TOWARDS COUNCIL MEMBERS AND CANDIDATES
755
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORIA, ADOPTING POLICY CLRK002: THREATS OF VIOLENCE DIRECTED TOWARDS COUNCIL MEMBERS AND CANDIDATES.”

9.s STREET SWEEPING UPDATE 765
RECOMMENDATION:

Receive and file an update on street sweeping.

City Council Meeting Agenda
September 26, 2024
6 10. 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.

City Council Meeting Agenda
September 26, 2024
7 10.a APPROVE AN AFFORDABILITY RESTRICTION AND REGULATORY

AGREEMENT (DENSITY BONUS) WITH BRAVO GARDEN

APARTMENTS, LLC, INCLUDING A CONCESSION PROVIDING FOR
REIMBURSEMENT OF IMPACT FEES FROM THE CITY’S HOUSING

MITIGATION FEES
771
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING (1)

AFFORDABILITY RESTRICTIONS AND REGULATORY

AGREEMENT (DENSITY BONUS) WITH BRAVO GARDEN

APARTMENTS, LLC REGARDING A MULTI-FAMILY
RESIDENTIAL DEVELOPMENT WITH 388 TOTAL
APARTMENTS, WITH 20% RESTRICTED TO VERY LOW
INCOME AND LOW INCOME HOUSEHOLDS; AND (2) A

DEVELOPMENT FEE AGREEMENT FOR THE USE OF

HOUSING MITIGATION FEES IN AN AMOUNT NOT TO
EXCEED $180,000 AS REIMBURSEMENT TO DEVELOPER IN
EXCHANGE FOR RESTRICTING 5 UNITS TO QUALIFYING
HOUSEHOLDS WITH LOCAL EMPLOYEES.”

1. Approve the Affordability Restriction and Regulatory Agreement by and between the City of Palm Desert and Bravo Garden
Apartments, LLC, in accordance with the conditions of approval adopted by Resolution No. 2018-18, for the development of 388 units known as Bravo Garden Apartments, a multifamily rental housing project located at located on Hovley Lane, Palm Desert, California, substantially as to form.

2. Authorize the Development Fee Agreement for the use of Housing Mitigation fees up to $180,000 to reimburse the developer for the fees attributable to five units restricted for occupancy for qualifying residents who work within the Palm Desert city limits.

3. Authorize the City Manager or his designee, and/or legal counsel to negotiate and finalize the Agreement, and the documents described in the Agreement or otherwise deemed necessary or proper to effectuate the conditions of approval, with such changes thereto as the City Manager or his designee, in consultation with the City’s legal counsel, may deem appropriate or necessary and consistent with the purposes of the Agreement and conditions of approval, with such approval to be conclusively evidenced by the execution and delivery thereof.

4. Authorize the Mayor and/or City Manager to execute and deliver the finalized Agreement, for and in the name of the City, the Agreement and other documents, as described in
Recommendation No. 2, and authorize the City Clerk to record the Agreement.

5. City Council Meeting Agenda
September 26, 2024
8 11. PUBLIC HEARINGS
The public may comment on individual Public Hearing Items within the threeminute time limit. The applicant or appellant will be provided up to five minutes to make their presentation. Speakers may utilize one of the three options listed on the first page of this agenda.

11.a HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT – PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS ON FISCAL YEAR 2023/24 COMPREHENSIVE ANNUAL

PERFORMANCE AND EVALUATION REPORT
823
RECOMMENDATION:

Conduct a public hearing to receive public comments on the City’s Fiscal Year 2023/24 Comprehensive Annual Performance and Evaluation Report (CAPER).

12. INFORMATION ITEMS

13. ADJOURNMENT
City Council Meeting Agenda
September 26, 2024
9 14. 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 26, 2024
10 Whereas, during the month of October, Fire Station #33 of the Western Division of the Riverside County Fire Department, California Department of Forestry and Fire Protection, Historical Society of Palm Desert, and Desert Sands Unified School District train Palm Desert third grade students in fire prevention and personal safety through the Fire Prevention and Mini-Muster Program; and
Whereas, the Fire Prevention and Mini-Muster Program celebrates its 32nd year at Gerald Ford Elementary, Abraham Lincoln Elementary, and George Washington Charter Schools, its 27
th year at James Earl Carter
Elementary School, and its 19
th year at Ronald Reagan Elementary School;
and
Whereas, firefighters and volunteers will continue to train Palm Desert students to maintain standards that will ensure a fire-safe City for many years to come.

Now, Therefore, I, Karina Quintanilla, Mayor of the City of Palm Desert, California, along with the entire City Council, do hereby Proclaim October 2024 as
Fire Prevention and Mini-Muster
Month
in the City of Palm Desert and urge all citizens to pay tribute to the children who participate in this most worthwhile event.

In Witness Whereof, I have hereunto set my hand and
have caused the Official Seal of the City of Palm Desert, California, to be affixed this 26th day of September 2024. 11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 26, 2024
PREPARED BY: Chris Escobedo, Assistant City Manager
SUBJECT: PRESENTATION ON CRIME TRENDS AND LAW ENFORCEMENT

SERVICE LEVELS
RECOMMENDATION:

Receive and file a presentation on crime trends and law enforcement service levels and respond to any questions from the City Council.

BACKGROUND/ANALYSIS:

The City contracts for law enforcement services with the Riverside County Sheriff’s Department (RCSD), which provides a total of 80 sworn law enforcement staff and non-sworn Community Service Officers. Palm Desert’s safety levels are maintained through the regular deployment of the following sworn officers and teams:
 Dedicated Lieutenant and Sergeants,
 Daily proactive law enforcement patrol,
 Traffic and motorcycle enforcement team,
 Special enforcement team,
 Business district team,
 Burglary suppression team,
 School resource officers, and
 Officers assigned to regional gang and narcotics task forces.

In addition to providing law enforcement services to residents and businesses, Palm Desert serves as a major employment center for the region, is home to the region’s educational institutions, serves as a major tourist destination, and has several retail outlets that are a draw for Southern California visitors. Over the last five years, the City has responded to post-Covid19 call volume activities, deployed the automated license plate reader system to assist RCSD staff with improved technology, and continues to make investments in public safety. In conjunction with Sheriff’s Department, staff will provide a presentation on crime trends and projected law enforcement service levels at the meeting.

Legal Review:

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

FINANCIAL IMPACT:

None.
43 44
Study Session of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Library Board of Trustees Minutes
September 12, 2024, 2:00 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, September 12, 2024, at 2:00 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.

2. STUDY SESSION TOPICS

2.a UNIFIED DEVELOPMENT CODE INTRODUCTION
Principal Planner Melloni narrated a PowerPoint presentation and responded to City Council inquiries.

2.b POLICY DISCUSSION ON PROPOSED TEXT AMENDMENTS TO PALM DESERT MUNICIPAL CODE TITLE 26, (SUBDIVISIONS) AND TITLE 27 (GRADING)
Principal Planner Melloni narrated a PowerPoint presentation and responded to City Council inquiries.

2.c PROPOSED TEXT AMENDMENT TO PALM DESERT MUNICIPAL CODE CHAPTER 2.18 BUILDING BOARD OF APPEALS
Development Services Director Cannone narrated a PowerPoint presentation and responded to City Council inquiries.

2.d DRAFT POLICY CLRK-002: THREATS OF VIOLENCE DIRECTED TOWARDS

COUNCIL MEMBERS AND CANDIDATES, AND CONSIDERATION OF

FIREARMS RESTRICTIONS ON CITY PROPERTY
City Clerk Mejia narrated a PowerPoint presentation and responded to City Council inquiries.
45 Palm Desert Study Session Meeting Minutes
September 12, 2024
2 3. ADJOURNMENT
The City Council adjourned the Study Session at 2:56 p.m.

Respectfully submitted,
_________________________
Níamh M. Ortega, CMC
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
46 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Regular Meeting Minutes
September 12, 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, September 12, 2024, at 3:15 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 3:15 p.m.

4. CLOSED SESSION AGENDA
The following items were 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

4.b.2 Property Description: 72-567 Highway 111

5. ROLL CALL - REGULAR MEETING - 4:00 P.M.

6. PLEDGE OF ALLEGIANCE
Councilmember Kelly led the Pledge of Allegiance.

7. INSPIRATION
Mayor Quintanilla provided words of inspiration.

8. REPORT OF CLOSED SESSION
City Attorney Shah stated that direction was given by the City Council; no reportable actions were taken.
47 Palm Desert City Council Meeting Minutes
September 12, 2024
2 9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None.

10. CITY MANAGER COMMENTS
None.

11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events. Mayor Pro Tem Harnik shared that September is Hunger Action Month and encouraged the public to support FIND Food Bank. Mayor Quintanilla announced the formation of the Hispanic American Chamber of Commerce and encouraged businesses to attend their meetings.

12. NON-AGENDA PUBLIC COMMENTS
Mike Morsch, Palm Desert resident, spoke in support of Measure G, requested additional financial information about Measure G from staff, urged the Mayor to take notes the morning after the City Council meeting rather than during the meeting, and spoke in support of the Patriot Store.

John Yambao, Palm Desert resident, voiced his support of the mayor in the event of a recall, and shared his positive experience at the Patriot Store in general and negative experience with a store patron.

Karen Von Der Ahe, Palm Desert resident, spoke in opposition to the Mayor's post on August 10, in opposition to her service on the City Council, and requested her resignation.

Dean Gatons, Palm Desert resident and Resource Preservation Enhancement Committee member, urged the City Council to consider prioritizing an exit to Portola Avenue from Interstate 10.

Debbie Green, Palm Desert resident, expressed her disappointment in not hearing a City message denouncing hate mail and threats against anyone, spoke in opposition to some of the items sold by the Patriot Store.

Brad Anderson, Rancho Mirage resident, requested that public comment be allowed and noted on the Study Session agenda; reported on his attendance at the CVAG; and spoke in opposition to the City's study session Item 2d regarding gun restriction at City properties.

Vicki Schneider expressed her support for Mayor Quintanilla; shared her perspective relative to the ongoing discussion surrounding her August 10 Facebook post regarding the Patriot Store; opined that the City Council and community was silent in response to the situation; and stated she would be attending more Council meetings.

Storm Jenkins, Palm Desert business owner, spoke in opposition to the mayor's conduct and comments relative to the August 10 Facebook post regarding the Patriot Store; stated he did not receive an apology for the attack on his store; opined the mayor defamed his business; provided a draft of a proposed resolution for City Council consideration to censure Mayor Quintanilla for her actions. 48 Palm Desert City Council Meeting Minutes
September 12, 2024
3 Linda Salas, expressed her support for Mayor Quintanilla; stated the issue of the Patriot Store being offensive had been addressed in previous community meetings with the mayor; opined the issue needed to be addressed; expressed her opposition to the threats received by the mayor.

13. CONSENT CALENDAR
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
To approve the consent calendar excluding Items 13j, 13k and 13p.

Motion Carried (5 to 0)

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 18, 2024, and August 22, 2024.

Motion Carried

13.b APPROVAL OF WARRANT REGISTERS
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Approve the warrant registers issued for the period 8/15/2024 to 8/26/2024.

Motion Carried

13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE

LICENSES
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Receive and file applications for Alcoholic Beverage Licenses for:

1. Palm Desert Local Mart, Inc., - 45200 Avenue 321, Palm Desert

2. Petrie and Friends, LLC (Black Cat Pizza) - 72795 HWY 111 Suite G2, Palm Desert

3. La Quinta Brewing Company, LLC (La Quinta Brewing Co) - 747147 Technology Drive, Palm Desert

4. The Cheese Shop on El Paseo - 73280 El Paseo Suite 1, Palm Desert

5. Shake Shack California, LLC (Shake Shack #1529) - 73199 El Paseo Suite A, Palm Desert

6. APalmDesert, LLC (Dennys 9377) - 42455 Washington Street, Palm Desert
Motion Carried
49 Palm Desert City Council Meeting Minutes
September 12, 2024
4 13.d 2024 CONFLICT OF INTEREST CODE BIENNIAL NOTICE PURSUANT TO

THE POLITICAL REFORM ACT
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande

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.

Motion Carried

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
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande

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.

Motion Carried
50 Palm Desert City Council Meeting Minutes
September 12, 2024
5 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)
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande

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.

Motion Carried

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) Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande

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.

Motion Carried
51 Palm Desert City Council Meeting Minutes
September 12, 2024
6 13.h APPROVE THE PURCHASE OF ONE 580 SN BACKHOE FROM SONSRAY

MACHINERY
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande

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.

Motion Carried

13.i AUTHORIZE THE PURCHASE OF BENCH AND WASTE BIN
REPLACEMENTS FOR EL PASEO FROM OUTDOOR CREATIONS, INC.
(CONTRACT NO. C48230)
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande

1. 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)

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.

Motion Carried

13.l CONSIDERATION TO APPROVE CONSTRUCTION OF A NEW BREEZE BLOCK GARDEN WALL EXHIBIT AT 72861 EL PASEO
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Approve construction of a new breeze block garden wall exhibit at a city-owned property at 72861 El Paseo.

Motion Carried
52 Palm Desert City Council Meeting Minutes
September 12, 2024
7 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
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Ratify a letter of support to the U.S. Department of Transportation for the Coachella Valley Association of Governments’ ACCESS Indian Canyon Drive Project.

Motion Carried

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

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

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

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

4. Palm Desert Charter Middle School Foundation’s Panther 5K – January 26, 2025
Motion Carried

13.o RECOGNITION OF SERVICE AND AUTOMATIC REMOVAL OF SUSAN

STAUBER FROM THE EL PASEO PARKING & BUSINESS IMPROVEMENT

DISTRICT BOARD OF DIRECTORS
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande

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

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

Motion Carried
53 Palm Desert City Council Meeting Minutes
September 12, 2024
8 13.q AWARD CONTRACT NO. C48320 TO UNITED STORM WATER INC., FOR

THE ON-CALL CATCH BASIN AND DRAIN CLEANING PROGRAM
(PROJECT NO. MDR00004)
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande

1. 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 threeyear term, with two one-year extensions.

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

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

Motion Carried

13.r AMEND ELECTRONIC PAYMENT POLICY ALLOWING CONVENIENCE FEES

TO BE PAID BY CUSTOMER
Clerk Note: Section IV, F, of the Electronic Payment Policy (FIN-001) shall be revised to read as follows: "Customers choosing to pay fees electronically shall also be responsible for convenience fees assessed and administered by third party providers."
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Amend the Electronic Payment Policy (Policy FIN-001) allowing convenience fees to be paid by customer.

Motion Carried
54 Palm Desert City Council Meeting Minutes
September 12, 2024
9 CONSENT ITEMS HELD OVER

13.j AWARD CONTRACT NO. C47810 TO SUPERB ENGINEERING, INC., FOR

THE DESERT WILLOW PERIMETER LANDSCAPE AND LIGHTING
REHABILITATION PHASE 3 (PROJECT NO. CLS00001)
City Clerk Mejia stated a bid protest was submitted, reviewed, and found to be without merit. Subsequently, the protester withdrew his comments; therefore, staff is requesting that the City Council reject the bid protest and award the contract to Superb Engineering, Inc.

Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik

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.

Motion Carried (5 to 0)

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
Brad Anderson, Rancho Mirage resident, stated he felt it was important for residents to know that the contract for basic costs total approximately $18,500 per month.

Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik

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

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

3. Authorize the Mayor to execute the Agreement.
55 Palm Desert City Council Meeting Minutes
September 12, 2024
10 Motion Carried (5 to 0)

13.p RESOLUTION NO. 2024-068: SUPPORT FOR PROPOSITION 36, MODIFYING

EXISTING LAWS RELATED TO PUNISHMENT OF THEFT AND DRUG
CRIMES
Mayor Pro Tem Harnik noted the importance of Proposition 36 in discouraging crime and provides an opportunity for offenders to seek treatment.

Motion by: Mayor Pro Tem Harnik
Seconded by: Councilmember Kelly
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.”
Motion Carried (5 to 0)

14. ACTION CALENDAR

14.a DIRECTION ON A RESOLUTION BEING CONSIDERED AT THE LEAGUE OF CALIFORNIA CITIES’ GENERAL ASSEMBLY MEETING
City Clerk Mejia presented a staff report and responded to City Council inquiries.

Motion by: Mayor Pro Tem Harnik
Seconded by: Councilmember Kelly
Oppose the resolution proposed for the upcoming League of California Cities’ General Assembly Meeting.

Motion Carried (5 to 0)

14.b APPOINTMENTS TO AN AD HOC CITY COUNCIL SUBCOMMITTEE ON THE

UNIFIED DEVELOPMENT CODE
City Clerk Mejia presented a staff report and responded to City Council inquiries.

Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Harnik
Continue the item until after the November 5, 2024, election.

Motion Carried (5 to 0)
56 Palm Desert City Council Meeting Minutes
September 12, 2024
11 14.c 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.

Cody Shelton, Tour de Palm Springs representative, provided a report to the City Council regarding revenue the City has received as a result of their event in previous years.

Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik

1. Approve a community event sponsorship in the amount of $20,000 payable to CVSPIN, Inc., for the 2025 Tour de Palm Springs in Coachella Valley charity bicycle ride and walk, with the condition that there is an overflow start in Palm Desert.

2. Approve waiver of permit fees associated with event in an amount not to exceed $800.

3. Appropriate $20,000 from the Unobligated General Fund Reserve for this purpose to Account No. 1104800-4306201.

NOES (1): Mayor Quintanilla
Motion Carried (4 to 1)

15. PUBLIC HEARINGS
None.

16. INFORMATION ITEMS
None.

17. ADJOURNMENT
The City Council adjourned at 5:23 p.m.

Respectfully submitted,
_________________________
Níamh M. Ortega, CMC
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
57 58
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/5/2024 - 9/5/2024
City of Palm Desert
Account Number
W1 00002548 09/05/2024 ADKINS, MICHAEL 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 1,413.55 W1 00002549 09/05/2024 ALLEN, FRANK 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 218.36 W1 00002550 09/05/2024 AVERY, ANN 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 480.54 W1 00002551 09/05/2024 BASSLER, THOMAS 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 554.47 W1 00002552 09/05/2024 BISHOP, ROBERT 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 517.51 W1 00002553 09/05/2024 BLYTHE, BARBARA 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 187.20 W1 00002554 09/05/2024 BO CHEN 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 523.56 W1 00002555 09/05/2024 BRADLEY, DEBRA 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 742.39 W1 00002556 09/05/2024 BROWN, MICHAEL 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 730.85 W1 00002557 09/05/2024 CECHIN, TERRY 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 711.31 W1 00002558 09/05/2024 CEHR, DAVID 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 554.47 W1 00002559 09/05/2024 CICCHINI, SUZANNE 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 1,066.96 W1 00002560 09/05/2024 CONLON, PATRICK C. 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 554.47 W1 00002561 09/05/2024 CRAWFORD, DANNY 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 1,810.13 W1 00002562 09/05/2024 CROY, HOMER 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 369.65 W1 00002563 09/05/2024 DARLING, GLORIA 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 218.36 W1 00002564 09/05/2024 HOLLINGER, DIANE 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 554.47 W1 00002565 09/05/2024 DIERCKS, MARK 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 125.84 W1 00002566 09/05/2024 DOYLE, KAREN 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 696.15 W1 00002567 09/05/2024 DRELL, PHILIP D. 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 554.47 W1 00002568 09/05/2024 ESPINOZA, JOSE LUIS 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 2,088.61 W1 00002569 09/05/2024 FANNING, JODI 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 1,022.98 W1 00002570 09/05/2024 FERGUSON, JAMES C. 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 924.70 W1 00002571 09/05/2024 FLINT, DAVID 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 189.25 W1 00002572 09/05/2024 FOLKERS, RICHARD J. 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 218.36 W1 00002573 09/05/2024 GARCIA, MIGUEL 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 730.85 W1 00002574 09/05/2024 GARNER, PAGE 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 1,078.51 Report Date 09/05/2024 Page 1
City and Housing
Docusign Envelope ID: 871B166B-D0C9-43BC-9008-559979FA938D 59 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/5/2024 - 9/5/2024
City of Palm Desert
Account Number
W1 00002575 09/05/2024 GAUGUSH, CORA 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 554.47 W1 00002576 09/05/2024 GIBSON, PAUL S. 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 554.47 W1 00002577 09/05/2024 GLICKMAN, DEBORAH SCHWARTZ 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 1,579.45 W1 00002578 09/05/2024 GODFREY, BEN ORRIN 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 554.47 W1 00002579 09/05/2024 GOMEZ, DONNA 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 1,579.45 W1 00002580 09/05/2024 GRANCE, RUSSELL 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 934.71 W1 00002581 09/05/2024 GREENWOOD, MARK 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 1,579.45 W1 00002582 09/05/2024 GRIFFIN, ROSALVA 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 295.55 W1 00002583 09/05/2024 HENDERSON, RHONDA 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 878.22 W1 00002584 09/05/2024 HERMANN, DAVID 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 1,474.16 W1 00002585 09/05/2024 HERNANDEZ, ANTHONY 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 730.85 W1 00002586 09/05/2024 HERNANDEZ, CARLOS 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 1,579.45 W1 00002587 09/05/2024 HOLTZ, GREGG 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 554.47 W1 00002588 09/05/2024 JOHNSON, SONDRA 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 554.47 W1 00002589 09/05/2024 JOY, PHILLIP E. 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 531.31 W1 00002590 09/05/2024 JUDY, JANINE MARIE 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 203.80 W1 00002591 09/05/2024 KARIMI, BASHIER AHMAD 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 218.36 W1 00002592 09/05/2024 KILPATRICK, SHAWN 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 1,602.54 W1 00002593 09/05/2024 KLASSEN, RACHELLE D. 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 1,066.96 W1 00002594 09/05/2024 KNIGHT, SPENCER 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 554.47 W1 00002595 09/05/2024 KNUTSON, LAUREL 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 129.30 W1 00002596 09/05/2024 LEAL, DIANA 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 1,017.22 W1 00002597 09/05/2024 LEON, PATRICIA 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 730.85 W1 00002598 09/05/2024 LONGMAN, ELIZABETH M. 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 174.69 W1 00002599 09/05/2024 MCBRIDE, CRAIG 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 218.36 W1 00002600 09/05/2024 MCCARTHY, JUSTIN 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 443.58 W1 00002601 09/05/2024 METZ, THOMAS 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 1,576.12 Report Date 09/05/2024 Page 2
City and Housing
Docusign Envelope ID: 871B166B-D0C9-43BC-9008-559979FA938D 60 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/5/2024 - 9/5/2024
City of Palm Desert
Account Number
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City and Housing
Docusign Envelope ID: 871B166B-D0C9-43BC-9008-559979FA938D 61 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/5/2024 - 9/5/2024
City of Palm Desert
Account Number
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City and Housing
Docusign Envelope ID: 871B166B-D0C9-43BC-9008-559979FA938D 62 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/5/2024 - 9/5/2024
City of Palm Desert
Account Number
W1 00002640 09/05/2024 IDEA PEDDLER LLC 1104417 4309000 Social Media - Aug24 2621 2,416.66 W1 00002641 09/05/2024 IMPRESSION DESIGN 1104154 4219000 Staff Polo Shirts 15983 2,766.75 W1 00002642 09/05/2024 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA 1 EXTRA WORK - MEDIANS 109287 1,504.00 W1 00002642 09/05/2024 MARIPOSA LANDSCAPES INC 1104614 4337001 JL24 LMA 9 - MEDIANS 109384 24,745.40 W1 00002642 09/05/2024 MARIPOSA LANDSCAPES INC 1104614 4392101 JL24 LMA 9 - ENTRADA DEL PASEO 109384 5,040.80 W1 00002643 09/05/2024 MUIR , SHAWN 1104300 4391500 2024-08 BOOT REIMB - SHAWN M 24-08BOOTREIM-SM 179.38 W1 00002644 09/05/2024 OTIS ELEVATOR CO 1104330 4309000 AG24 ELEVATOR SVC - CY 100401627954 213.94 W1 00002644 09/05/2024 OTIS ELEVATOR CO 1104330 4309000 SP24 ELEVATOR SVC - CY 100401658415 213.94 W1 00002644 09/05/2024 OTIS ELEVATOR CO 5104195 4369500 JL24 ELEVATOR SVC SHERIFF CTR 100401593327 210.05 W1 00002644 09/05/2024 OTIS ELEVATOR CO 5104195 4369500 AG24 ELEVATOR SVC SHERIFF CTR 100401626537 215.99 W1 00002644 09/05/2024 OTIS ELEVATOR CO 5104195 4369500 SP24 ELEVATOR SVC SHERIFF CTR 100401656984 215.99 W1 00002645 09/05/2024 PFM ASSET MANAGEMENT LLC 1104159 4309000 Investment Mgmt JUL24 14369022 4,261.00 W1 00002646 09/05/2024 PRO-CRAFT CONSTRUCTION INC 1104611 4331000 R/M PLUMBING SRV - FREEDOM 24124-5 699.41 W1 00002647 09/05/2024 RICHARDS WATSON & GERSHON INC 8730000 2399100 Arc Village LGL SVC - 5/24 248417 20,485.21 W1 00002648 09/05/2024 SAME DAY EXPRESS 4364650 4337200 Unexpected repairs. 081924 1,600.00 W1 00002649 09/05/2024 STAPLES BUSINESS ADVANTAGE 1104211 4306001 COPS Water 6010000771 216.00 W1 00002649 09/05/2024 STAPLES BUSINESS ADVANTAGE 1104111 4211000 Council Salmon Paper 6009127857 90.40 W1 00002649 09/05/2024 STAPLES BUSINESS ADVANTAGE 1104111 4211000 Credit Memo-Candidate Binder 6006806035 -11.31 W1 00002650 09/05/2024 US BANK 1104159 4309000 Admin Fee City 5/1/24-7/31/24 14369123 1,553.64 W1 00002650 09/05/2024 US BANK 4514195 4363000 Admin Fee PA#1 5/1/24-7/31/24 14369123 130.31 W1 00002650 09/05/2024 US BANK 4514195 4363000 Admin Fee PA#2 5/1/24-7/31/24 14369123 530.38 W1 00002650 09/05/2024 US BANK 4514195 4363000 Admin Fee PA#3 5/1/24-7/31/24 14369123 297.63 W1 00002650 09/05/2024 US BANK 4514195 4363000 Admin Fee PA#4 5/1/24-7/31/24 14369123 488.04 W1 00002651 09/05/2024 VINTAGE ASSOCIATES 1104610 4332001 LMA 17 EXTRA WORK - CC PARK 233845 7,735.71 W1 00002651 09/05/2024 VINTAGE ASSOCIATES 1104610 4337100 LMA 17 EXTRA WORK - SPORTS FIE 233845 363.00 W1 00002651 09/05/2024 VINTAGE ASSOCIATES 1104611 4332001 LMA 17 EXTRA WORK - MAG FALLS 233845 758.52 W1 00002651 09/05/2024 VINTAGE ASSOCIATES 1104611 4332001 LMA 16 EXTRA WORK - UNIVERSITY 233918 2,586.46 Report Date 09/05/2024 Page 5
City and Housing
Docusign Envelope ID: 871B166B-D0C9-43BC-9008-559979FA938D 63 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/5/2024 - 9/5/2024
City of Palm Desert
Account Number
W1 00002651 09/05/2024 VINTAGE ASSOCIATES 1104610 4332001 AG24 LMA 17 - CC PARK 233834 16,200.00 W1 00002651 09/05/2024 VINTAGE ASSOCIATES 1104610 4337100 AG24 LMA 17 - SPORTS FIELDS 233834 4,500.00 W1 00002651 09/05/2024 VINTAGE ASSOCIATES 1104611 4332001 AG24 LMA 17 - MAG FALLS PARK 233834 4,000.00 W1 00002651 09/05/2024 VINTAGE ASSOCIATES 2424549 4331101 AG24 LMA 17 - AQUATIC CENTER 233834 1,400.00 W1 00002651 09/05/2024 VINTAGE ASSOCIATES 5104195 4369601 AG24 LMA 17 - PARKVIEW BLDG 233834 2,000.00 W1 00002651 09/05/2024 VINTAGE ASSOCIATES 5104195 4369602 AG24 LMA 17 - STATE BLDG 233834 300.00 W1 00002652 09/05/2024 VISUAL EDGE IT INC 1104190 4342000 Usage&Supplies 7/20-8/19 24AR2009192 99.22 W1 00002652 09/05/2024 VISUAL EDGE IT INC 1104190 4342000 Usage&Supplies-3TX403772-AUG24 24AR2030138 112.50 W1 00002652 09/05/2024 VISUAL EDGE IT INC 1104190 4342000 Usage&Supplies-3TX417599-AUG24 24AR2030137 1,073.85 W1 02004071 09/05/2024 4IMPRINT INC. 2524662 4361000 Library outreach materials. 27862191 1,723.50 W1 02004072 09/05/2024 ALTEC INDUSTRIES INC 1104331 4334000 PM INSPECTION #556 CITY OWNED 51356035 1,073.89 W1 02004072 09/05/2024 ALTEC INDUSTRIES INC 1104331 4334000 PM INSPECTION #72 CITY OWNED 51356039 1,011.24 W1 02004073 09/05/2024 AMERICAN FORENSIC NURSES 1104210 4390400 24/25 BLOOD DRAW/DUI CASES RSO 78893 76.00 W1 02004073 09/05/2024 AMERICAN FORENSIC NURSES 1104210 4390400 24/25 BLOOD DRAW/DUI CASES RSO 78892 1,336.00 W1 02004073 09/05/2024 AMERICAN FORENSIC NURSES 1104210 4390400 24/25 BLOOD DRAW/DUI CASES RSO 78891 350.00 W1 02004073 09/05/2024 AMERICAN FORENSIC NURSES 1104210 4390400 24/25 BLOOD DRAW/DUI CASES RSO 78890 222.00 W1 02004073 09/05/2024 AMERICAN FORENSIC NURSES 1104210 4390400 24/25 BLOOD DRAW/DUI CASES RSO 78889 280.00 W1 02004074 09/05/2024 AMERICAN LIBRARY ASSOCIATION 2524662 4363000 American Lib.Assoc. AnnualDues M2352499 524.00 W1 02004075 09/05/2024 ANDERSON COMMUNICATION INC 1104310 4365000 MONTHLY RADIO REPEATER SRVS 20558B 262.50 W1 02004075 09/05/2024 ANDERSON COMMUNICATION INC 1104310 4365000 MONTHLY RADIO REPEATER SRVS 20612B 250.00 W1 02004076 09/05/2024 ANSER ADVISORY MANAGEMENT LLC 2324370 5000455 TO005530-Section29-JUL24 26070 2,032.50 W1 02004076 09/05/2024 ANSER ADVISORY MANAGEMENT LLC 2354270 4400100 TO001383-No Sphere FS 102-JL24 26068 5,915.00 W1 02004076 09/05/2024 ANSER ADVISORY MANAGEMENT LLC 8714195 4331100 TO001613 -One Quail Place JL24 26069 602.50 W1 02004077 09/05/2024 BECK OIL INC 1104331 4217000 GAS AND DIESEL FUEL 129343 5,034.34 W1 02004078 09/05/2024 BEDROSIAN, PATRICK 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 203.80 W1 02004079 09/05/2024 BMW MOTORCYCLE OF RIVERSIDE 1104210 4334000 24/25 POLICE MTRCYCLE REP/MAIN 6036689 261.74 W1 02004080 09/05/2024 BOHLIN, ERIN 1104300 4391500 SAFETY FOOTWEAR REIMB - EB 0524BOOTREIM-EB 158.00 Report Date 09/05/2024 Page 6
City and Housing
Docusign Envelope ID: 871B166B-D0C9-43BC-9008-559979FA938D 64 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/5/2024 - 9/5/2024
City of Palm Desert
Account Number
W1 02004081 09/05/2024 BRIAN ARTHUR SCHADER 4364650 4400200 Balance of honorarium C42970I1SCHADER 500.00 W1 02004082 09/05/2024 BRONZE & GRANITE ENTERPRISES INC 4364650 4400200 El Paseo honor balance C42970L2DEMOSS 500.00 W1 02004083 09/05/2024 CALIFORNIA LIBRARY ASSOCIATION 2524662 4312000 CLA Conf. G. Shaffer 09.18.24 4429040 345.00 W1 02004084 09/05/2024 CANALES, CHRISTINA 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 471.21 W1 02004085 09/05/2024 CASH, PETTY- 2524662 4211000 Adhesive tabs,Lib card mailing J. GARCIA 080224 46.77 W1 02004085 09/05/2024 CASH, PETTY- 2524662 4390000 Library Summer Reading prog. C.H. 07.30.24 27.98 W1 02004086 09/05/2024 CITY OF PALM DESERT 2354270 4400100 Plan Check Fees INV-4201 266.00 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 74735 Hovley Lane E - Soccer P 127363385426AG24 107.66 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 Nichols Dr - Univ PK 822075444102AG24 2,280.22 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 2304220 4351000 73200 Mesa View Dr FS 67 176281476314AG24 386.48 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 2304220 4351000 73995 Country Club FS71 122335377974AG24 256.12 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 Larkspur Ln - Fire Mtr PP E/W 797761405428AG24 114.99 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 Portola Ave - Fire Mtr PP E/W 797755405410AG24 102.39 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 San Luis Rey - Fire Mtr PP E/W 797759405418AG24 88.29 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 1104310 4351000 TOWN CENTER WAY 307113813150AG24 27.38 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 1104340 4351000 44911 Cabrillo Avenue 712257390932AG24 84.97 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 1131 HOVLEY SOCCER PARK 315303847830AG24 2,638.39 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 10049 FREEDOM PARK 315491848018AG24 10,391.15 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 1104614 4351000 1089 MEDIANS 315239847766AG24 3,580.14 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 2304220 4351000 44400 Town Ctr - FS 33 163253444356AG24 308.79 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 2734680 4351000 D. 1088 Desert Mirage (Cook) 315237847764AG24 282.73 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 2854374 4351000 C. 1088 K/B (Heatherwood) 315237847764AG24 97.49 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 2874374 4351000 H. 1088 College View Estates I 315237847764AG24 290.11 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 2874680 4351000 F. 1088 The Boulders (Shepherd 315237847764AG24 78.31 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 2874681 4351000 B. 1088 Sundance W (Kokopelli) 315237847764AG24 85.79 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 2874682 4351000 E. 1088 Petunia Place 1 (Petun 315237847764AG24 74.08 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 2874683 4351000 A. 1088 Sundance E. (Shepherd 315237847764AG24 549.01 Report Date 09/05/2024 Page 7
City and Housing
Docusign Envelope ID: 871B166B-D0C9-43BC-9008-559979FA938D 65 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/5/2024 - 9/5/2024
City of Palm Desert
Account Number
W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 2874684 4351000 G. 1088 College View Estates I 315237847764AG24 179.57 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 4254430 4351000 72780 HWY 111 (Sears) 815043444678AG24 281.33 W1 02004087 09/05/2024 COACHELLA VALLEY WATER DIST. 4254430 4351000 72880 Hwy 111 - Fire Mtr Sears 800643444692AG24 78.90 W1 02004088 09/05/2024 CORNERSTONE MIRROR GLASS 2424549 4331101 R/M CONCESSION WINDOW - PDAC 1249 3,605.89 W1 02004089 09/05/2024 CROWD CONTROL ENTERTAINMENT LLC 1104154 4309501 Deposit for DJ Services 12.7 3422 575.00 W1 02004090 09/05/2024 DAVID REYES JR. 1100000 1150100 CLR CINCO DE MAYO ADVANCE CINCODEMAYO24-CL -1,400.00 W1 02004090 09/05/2024 DAVID REYES JR. 1104154 4309501 F&B CINCODEMAYO EMPLOYEE APPRE CINCODEMAYO24-CL 692.18 W1 02004090 09/05/2024 DAVID REYES JR. 1104154 4309501 F&B CINCODEMAYO EMPLOYEE APPRE CINCODEMAYO24-CL 60.72 W1 02004090 09/05/2024 DAVID REYES JR. 1104154 4309501 F&B CINCODEMAYO EMPLOYEE APPRE CINCODEMAYO24-CL 472.03 W1 02004090 09/05/2024 DAVID REYES JR. 1104154 4309501 F&B CINCODEMAYO EMPLOYEE APPRE CINCODEMAYO24-CL 12.34 W1 02004090 09/05/2024 DAVID REYES JR. 1104154 4309501 F&B CINCODEMAYO EMPLOYEE APPRE CINCODEMAYO24-CL 172.40 W1 02004091 09/05/2024 DAVIS, LORI 4364650 4309200 Poet Laureate - July 4Th event 4 875.00 W1 02004092 09/05/2024 DESERT AIR CONDITIONING INC. 1104610 4331000 R/M HVAC - CC PARK 252106 255.40 W1 02004092 09/05/2024 DESERT AIR CONDITIONING INC. 1104610 4331000 R/M HVAC - CC PARK 251701 312.40 W1 02004092 09/05/2024 DESERT AIR CONDITIONING INC. 1104330 4331000 R/M HVRC SRVS - CORPYARD 252377 297.00 W1 02004092 09/05/2024 DESERT AIR CONDITIONING INC. 4254430 4395000 R/M HVAC SRVS - iHUB 252704 148.50 W1 02004093 09/05/2024 DESERT ALARM INC 2424549 4331101 ANNUAL FIRE INSP - PDAC 505786 95.16 W1 02004094 09/05/2024 DESERT ELECTRIC SUPPLY 1104330 4331000 INSTALLATION ELECTRIC OUTLETS S3225765.001 45.22 W1 02004095 09/05/2024 DESERT NAPA AUTO PARTS 1104310 4219000 SHOP SUPPLIES 091659 78.63 W1 02004095 09/05/2024 DESERT NAPA AUTO PARTS 1104331 4334000 DIAGNOSTIC CODE READER 092029 67.87 W1 02004095 09/05/2024 DESERT NAPA AUTO PARTS 1104331 4334000 SHOP SUPPLIES 086402 180.96 W1 02004095 09/05/2024 DESERT NAPA AUTO PARTS 1104331 4334000 R/M SKIP LOAD #270 CITY OWNED 091305 128.16 W1 02004095 09/05/2024 DESERT NAPA AUTO PARTS 1104331 4334000 TRAILER TOW LIGHTS 056182 70.03 W1 02004095 09/05/2024 DESERT NAPA AUTO PARTS 1104331 4334000 CAR WASHING SUPPLIES 056569 17.22 W1 02004095 09/05/2024 DESERT NAPA AUTO PARTS 1104331 4334000 R/M TIRES 060393 38.77 W1 02004095 09/05/2024 DESERT NAPA AUTO PARTS 1104331 4334000 BATTERY #60 CITY OWNED 064622 216.54 W1 02004095 09/05/2024 DESERT NAPA AUTO PARTS 1104331 4334000 PANEL FILTER 074454 60.23 Report Date 09/05/2024 Page 8
City and Housing
Docusign Envelope ID: 871B166B-D0C9-43BC-9008-559979FA938D 66 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/5/2024 - 9/5/2024
City of Palm Desert
Account Number
W1 02004095 09/05/2024 DESERT NAPA AUTO PARTS 1104331 4334000 VEHICLE SUPPLIES 074478 173.28 W1 02004095 09/05/2024 DESERT NAPA AUTO PARTS 1104331 4334000 R/M BACKHOE #269 CITY OWNED 047302 49.54 W1 02004095 09/05/2024 DESERT NAPA AUTO PARTS 1104331 4334000 R/M BACKHOE #269 CITY OWNED 047311 133.57 W1 02004095 09/05/2024 DESERT NAPA AUTO PARTS 1104331 4334000 BATTERY SUPPLY #60 CITY OWNED 064623 57.10 W1 02004096 09/05/2024 DESERT RECREATION DISTRICT 1104344 4309000 JL24 PARKS / REC SRVS -PORTOLA 3738 10,480.79 W1 02004096 09/05/2024 DESERT RECREATION DISTRICT 1104610 4309200 JL24 PARK SRVS - CC PARK 3737 49,386.73 W1 02004097 09/05/2024 EBIX INC 1104159 4309000 FY2425 Insurance Mgmnt Svc 0995504-IN 9,675.00 W1 02004098 09/05/2024 EISENHOWER MEDICAL CENTER 1104210 4390400 24/25 MEDICAL EXAMINATIONS RSO T242000034 800.00 W1 02004099 09/05/2024 Eleobani Gutierrez 1104154 4312101 Wellness Fair F&B EGUTIERREZ 8/29 435.00 W1 02004100 09/05/2024 FENSKE, CHARLES 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 554.47 W1 02004101 09/05/2024 FIND FOOD BANK 2364195 4309000 FINDT1AUG24 388463 2,887.50 W1 02004101 09/05/2024 FIND FOOD BANK 2364195 4309000 FINDT2AUG24 4166.66 4,166.66 W1 02004102 09/05/2024 GAME TIME 2304220 4400100 SHADE STRUCTURE - FS 33 PJI-0223985 94,392.04 W1 02004103 09/05/2024 GEOGESCO, CHRISTOPHER 4364650 4400200 Balance of honorarium C42970QGEORGESCO 500.00 W1 02004104 09/05/2024 Gilbert W Reynolds 4364650 4400200 Balance of artist honorarium. C42970AREYNOLDS 500.00 W1 02004105 09/05/2024 GLS US 1104111 4366000 GCVCC Cert. West Coast Foot 5350330 3.80 W1 02004106 09/05/2024 GOVERNMENT FINANCE 1104150 4363000 J. Bounds 2025 Membership Dues 2470289 150.00 W1 02004107 09/05/2024 HAMMER PLUMBING AND PUMPING 1104611 4331000 CAHUILLA RESTROOM PUMP SRV 33738-1 395.00 W1 02004108 09/05/2024 HF&H CONSULTANTS LLC 2364195 4309000 Jul24 Solid waste, recycling 9721427 8,263.00 W1 02004109 09/05/2024 High Voltage 4364650 4400200 Balance of honorarium C42970BLEVIN 500.00 W1 02004110 09/05/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 S/W COR CC WSH 50155642-AG24 96.23 W1 02004110 09/05/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 S/W COR CC WSH 50155645-AG24 17.42 W1 02004110 09/05/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 40996 WASH ST TRF SIGNAL 50524526-AG24 85.07 W1 02004111 09/05/2024 INTERNATIONAL COUNCIL OF 1104430 4363000 ICSC Registration Eric Ceja 8011443-ECEJA 625.00 W1 02004112 09/05/2024 J.L. ENDICOTT INC 1104154 4219000 Nameplates 8.2.24 10310 68.17 W1 02004113 09/05/2024 JOE FORREST SACKETT FINE ART 4364650 4400200 Balance of honorarium C42970KSACKETT 500.00 W1 02004114 09/05/2024 JOHN BANKS 4364650 4400200 Balance of honorarium C42970DBANKS 500.00 Report Date 09/05/2024 Page 9
City and Housing
Docusign Envelope ID: 871B166B-D0C9-43BC-9008-559979FA938D 67 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/5/2024 - 9/5/2024
City of Palm Desert
Account Number
W1 02004115 09/05/2024 KAREN & TONY BARONE 4364650 4400200 Balance of honorarium C42970JBARONE 500.00 W1 02004116 09/05/2024 Kelly Goff Studio LL 4364650 4400200 Balance of honorarium C42970GGOFF 500.00 W1 02004117 09/05/2024 LIEBERT CASSIDY & WHITMORE 1104154 4363000 LCW Library Renewal 414503 900.00 W1 02004118 09/05/2024 LOCK SHOP INC. 1104340 4219000 LOCK BOX - CITY HALL BB10560526 311.55 W1 02004118 09/05/2024 LOCK SHOP INC. 1104610 4219000 PADLOCK BB10560491 39.16 W1 02004118 09/05/2024 LOCK SHOP INC. 1104340 4331000 DOOR LOCK SRVS - CITY HALL A136236 130.00 W1 02004118 09/05/2024 LOCK SHOP INC. 2304220 4331000 DOOR LOCK SRV - FS #71 E630185-1 246.33 W1 02004119 09/05/2024 LOWE'S HOME CENTERS INC. 1104330 4219000 BATTERIES AND HD FRAMES 990631-082324 230.01 W1 02004119 09/05/2024 LOWE'S HOME CENTERS INC. 1104330 4219000 SUPPLIES FOR CORP YARD 57499-082124 165.64 W1 02004119 09/05/2024 LOWE'S HOME CENTERS INC. 1104331 4334000 TOW HITCH 988384-082224 260.99 W1 02004119 09/05/2024 LOWE'S HOME CENTERS INC. 1104340 4219000 POWER STRIPS 986943-082124 51.14 W1 02004119 09/05/2024 LOWE'S HOME CENTERS INC. 1104340 4219000 DOOR STOPS 991060-082324 69.39 W1 02004119 09/05/2024 LOWE'S HOME CENTERS INC. 1104340 4331000 TV WALL MOUNT 986937-082124 184.21 W1 02004120 09/05/2024 LSL CPAs 1100000 1430100 23/24 Audit Services 64226 7,050.00 W1 02004120 09/05/2024 LSL CPAs 1104151 4302000 2024 Appropriations 64226 531.00 W1 02004121 09/05/2024 Lynn Jaye Fine Art 4364650 4400200 Balance of honorarium C42970HJAYE 500.00 W1 02004122 09/05/2024 MEJIA, ANTHONY 1104190 4362001 Formstack - City Clerk INV01091047 625.44 W1 02004123 09/05/2024 Nicholas Meyer 4364650 4400200 Balance of honorarium C42970NMEYER 500.00 W1 02004124 09/05/2024 Ortega Sculpture and Services 4364650 4400200 Balance of honorarium C42970OORTEGA 500.00 W1 02004125 09/05/2024 PAINTERS WAREHOUSE OF 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 2408-217775 211.41 W1 02004126 09/05/2024 PALM DESERT ACE HARDWARE 1104330 4219000 DRAIN CLEANER 247108 88.31 W1 02004126 09/05/2024 PALM DESERT ACE HARDWARE 2424549 4219000 DRILL SCREWS 247117 32.30 W1 02004127 09/05/2024 PALMER ELECTRIC 1104611 4332501 R/M ELECT - HOVLEY PARK 5853 540.08 W1 02004127 09/05/2024 PALMER ELECTRIC 1104610 4332100 R/M ELECT - CIVIC CENTER PARK 5868 3,533.61 W1 02004127 09/05/2024 PALMER ELECTRIC 1104611 4332501 R/M ELECT - UNIVERSITY VILLAGE 5873 797.00 W1 02004127 09/05/2024 PALMER ELECTRIC 1104614 4392101 R/M ELECT - ENTRADA DEL PASEO 5875 1,894.84 W1 02004127 09/05/2024 PALMER ELECTRIC 2204649 4400100 R/M LIGHTING - PALMA VILLAGE 5814 5,139.38 Report Date 09/05/2024 Page 10
City and Housing
Docusign Envelope ID: 871B166B-D0C9-43BC-9008-559979FA938D 68 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/5/2024 - 9/5/2024
City of Palm Desert
Account Number
W1 02004127 09/05/2024 PALMER ELECTRIC 2524662 4332100 Lib replce Floor receptcl 8/21 5870 972.86 W1 02004128 09/05/2024 Patricia Stajcar 4364650 4400200 Balance of honorarium C42970ESTAJCAR 500.00 W1 02004129 09/05/2024 POWERFUL PEST MANAGEMENT 2304220 4304500 JL24 PEST CONTROL - FS 67 311990 71.50 W1 02004130 09/05/2024 PROPER SOLUTIONS INC. 1104111 4300300 Full Time Temporary Employee 16285 1,401.20 W1 02004130 09/05/2024 PROPER SOLUTIONS INC. 1104150 4300300 8/23 Christine J. Admin Temp 16287 1,706.40 W1 02004130 09/05/2024 PROPER SOLUTIONS INC. 1104430 4309000 Temporary Employee Svc PE80924 16236 896.88 W1 02004130 09/05/2024 PROPER SOLUTIONS INC. 1104430 4309000 Temporary Employee Svc PE81624 16260 1,177.16 W1 02004130 09/05/2024 PROPER SOLUTIONS INC. 1104111 4300300 Full Time Temporary Employee 16259 1,401.20 W1 02004131 09/05/2024 QUADIENT LEASING USA INC 1104159 4342000 9/20/24-12/19/24 Lease Q1468801 1,173.36 W1 02004132 09/05/2024 Rafael Muniz 1104310 4312000 REIMB CLASS A LICENSE FEE 2024-08REIMB-RM 100.06 W1 02004133 09/05/2024 RAYMOND KATZ 4364650 4400200 Balance of honorarium C42970PKATZ 500.00 W1 02004134 09/05/2024 RIVER INC. 4364650 4400200 Balance of honorarium C42970CTHOMSON 500.00 W1 02004135 09/05/2024 RIVERSIDE COUNTY FOUNDATION 1104800 4306201 Birdie Sponsorship 2024 REG-27539-814608 1,000.00 W1 02004136 09/05/2024 SAFE LIFE DEFENSE LLC 2294210 4391400 Sheriff Vest - Taxes 32379396 518.62 W1 02004137 09/05/2024 SEAWRIGHT CUSTOM PRECAST INC 4004618 4400100 SAN NICOLAS PLANTER BOXES 4200 60,283.97 W1 02004138 09/05/2024 SELECT EQUIPMENT SALES INC 5304310 4403000 ONE HYUNDAI 25L - 9A FORKLIFT 210002014 36,524.77 W1 02004139 09/05/2024 SHUSTER ADVISORY GROUP LLC 1104159 4309000 Advisory Fee 401a & 457b JUL24 6052 2,083.33 W1 02004140 09/05/2024 SKYLINE SAFETY AND SUPPLY 1104340 4219000 SAFETY SUPPLIES 8653 514.10 W1 02004141 09/05/2024 SOUTHERN CALIFORNIA EDISON 1104800 4388500 72567 Highway 111 Artist Ctr 700773993861AG24 4,473.87 W1 02004141 09/05/2024 SOUTHERN CALIFORNIA EDISON 5104195 4369800 72559 Hwy 111 Unit A 700044643888AG24 2,491.94 W1 02004141 09/05/2024 SOUTHERN CALIFORNIA EDISON 2304220 4351400 FIRE STATIONS 700028290904AG24 11,278.72 W1 02004142 09/05/2024 SOUTHWEST AQUATICS 1104610 4332001 R/M LAGOON - CIVIC CENTER PARK 08-22233 4,114.00 W1 02004142 09/05/2024 SOUTHWEST AQUATICS 1104614 4392101 R/M WATER FEATURE ENTRADA DEL 08-22233 1,030.00 W1 02004143 09/05/2024 SPERIDIAN TECHNOLOGIES LLC 1104190 4390000 Solution Checkpoint 2 signoff 34209 108,180.00 W1 02004144 09/05/2024 STERLING ADMINISTRATION 1104154 4309000 JUL2024 Admin Fees 796693 201.50 W1 02004145 09/05/2024 T Barny Designs LLC 4364650 4400200 Balance of honorarium C42970RBARNY 500.00 W1 02004146 09/05/2024 THE MVPS LLC 1104416 4306101 Concerts in the Park 10/10/24 101024 1,500.00 Report Date 09/05/2024 Page 11
City and Housing
Docusign Envelope ID: 871B166B-D0C9-43BC-9008-559979FA938D 69 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/5/2024 - 9/5/2024
City of Palm Desert
Account Number
W1 02004147 09/05/2024 THE RAMSAY GROUP 2204800 4309000 FY24/25 CDBG ADMIN AUG24 INV#2 3,800.00 W1 02004148 09/05/2024 TKE ENGINEERING INC 2134311 4332000 June24 Svcs 2024-845 13,315.00 W1 02004149 09/05/2024 TOPS N BARRICADES INC. 1104340 4219000 NFPA VINYL STICKER 1108595 203.91 W1 02004149 09/05/2024 TOPS N BARRICADES INC. 1104610 4219000 TEMP NO PARKING SIGNS 1108530 89.72 W1 02004150 09/05/2024 TORRES, GONZALO 4364650 4400200 Balance of honorarium C42970FTORRES 500.00 W1 02004151 09/05/2024 VAN DERMYDEN MAKUS LAW 1104154 4309000 Investigative Services 31023 6,706.50 W1 02004152 09/05/2024 VAN EARL, DELOS 4364650 4400200 Balance of honorarium C42970LMVANEARL 500.00 W1 02004153 09/05/2024 VISIT GREATER PALM SPRINGS 6100000 2286500 GPSTBID Remittance Apr-June24 4RD QTR-C41730 36,078.33 W1 02004153 09/05/2024 VISIT GREATER PALM SPRINGS 6100000 2286500 LESS 5% ADMIN FEE 4RD QTR-C41730 -1,803.92 W1 02004154 09/05/2024 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICALS - AQUATIC CENTER 5703792 1,461.09 W1 02004154 09/05/2024 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICALS - AQUATIC CENTER 5704207 856.61 W1 02004155 09/05/2024 WEST COAST SAND & GRAVEL INC 1104611 4332001 SAND TOPDRESSING - HOVLEY 755308 1,107.67 W1 02004155 09/05/2024 WEST COAST SAND & GRAVEL INC 1104611 4332001 SAND TOPDRESSING - HOVLEY 756644 1,105.08 W1 02004156 09/05/2024 WHITE CAP LP 1104610 4219000 SWEP SUPPLIES 50027824929 262.05 W1 02004157 09/05/2024 WRIGHT, BARBARA 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 218.36 W1 02004158 09/05/2024 XPRESS GRAPHICS 2524662 4361000 Library bookmarks 24-64150 66.70 W1 02004159 09/05/2024 YRIGOYEN, DAVID L. 5764192 4119000 RETIREE HEALTH STIPEND Sept-24 9/1/2024 554.47 W1 02004160 09/05/2024 ZUMAR INDUSTRIES INC. 1104310 4219000 WAYFINDING SIGNS 9545 673.34 Examined and Approved Total For Bank ID - W1
845,990.55 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 09/05/2024 Page 12
City and Housing
Docusign Envelope ID: 871B166B-D0C9-43BC-9008-559979FA938D 70 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/12/2024 - 9/12/2024
City of Palm Desert
Account Number
W1 00002656 09/12/2024 AETNA RESOURCES FOR LIVING 1104154 4309000 OCT2024 Employee Assistance E0326701 173.75 W1 00002657 09/12/2024 Amazon Capital Services Inc. 2524662 4211000 Office cleaning supplies 1MVY-DYDR-97CT 25.85 W1 00002657 09/12/2024 Amazon Capital Services Inc. 2524662 4211000 Library Office supplies 1W7R-J7HD-3RTG 191.58 W1 00002657 09/12/2024 Amazon Capital Services Inc. 2524662 4211000 Library office supplies 1W3C-DTC4-AAC4 204.68 W1 00002657 09/12/2024 Amazon Capital Services Inc. 2524662 4211000 Credit Memo 1HMH-WL7M-FJYN 1HMH-WL7M-FJYN -2.11 W1 00002657 09/12/2024 Amazon Capital Services Inc. 2524662 4211200 Physical Book purchase 1466-3F39-7KRJ 12.60 W1 00002657 09/12/2024 Amazon Capital Services Inc. 2524662 4390000 Library Programming materials 1WC1-K9YF-PPWC 694.84 W1 00002657 09/12/2024 Amazon Capital Services Inc. 2524662 4390000 Credit Memo 1M1T-QYQJ-3LHV 1M1T-QYQJ-3LHV -538.70 W1 00002657 09/12/2024 Amazon Capital Services Inc. 2524662 4404000 Library HP Printer 1D17-LXNW-99C9 666.37 W1 00002657 09/12/2024 Amazon Capital Services Inc. 2524662 4404000 Credit Memo 1R4Y-PHTW-3XKT 1R4Y-PHTW-3XKT -538.70 W1 00002657 09/12/2024 Amazon Capital Services Inc. 1104134 4211000 OFFICE SUPPLIES 1KYC-C6PL-67M6 344.67 W1 00002657 09/12/2024 Amazon Capital Services Inc. 1104300 4211000 OFFICE SUPPLIES 13FH-7K6L-6XMW 414.90 W1 00002657 09/12/2024 Amazon Capital Services Inc. 2524662 4390000 Special Programs Materials 1339-YCQQ-K6RM 520.28 W1 00002657 09/12/2024 Amazon Capital Services Inc. 2524662 4390000 Special Programing materials 1WC1-K9YF-HNJQ 425.38 W1 00002657 09/12/2024 Amazon Capital Services Inc. 2524662 4390000 Special Programing materials 13JD-PKD9-H6DL 832.57 W1 00002657 09/12/2024 Amazon Capital Services Inc. 2524662 4390000 Special Programing materials 1P1Q-GKVN-DFMX 25.85 W1 00002657 09/12/2024 Amazon Capital Services Inc. 1104130 4211000 Wrist pads 1CR3-LYMR-7NMY 31.19 W1 00002658 09/12/2024 BRIAN K. STEMMER CONSTRUCTION 1104340 4331000 R/M BUILDING - CITY HALL 9583 6,800.00 W1 00002658 09/12/2024 BRIAN K. STEMMER CONSTRUCTION 2304220 4331000 R/M FIRE STATIONS #67 9585 7,300.00 W1 00002659 09/12/2024 CDW LLC 1104190 4212000 Logitech Wrls Combo; Sandisk AA34X2P 150.10 W1 00002659 09/12/2024 CDW LLC 1104190 4212000 HP 414A Black Toner AA3422G 204.83 W1 00002659 09/12/2024 CDW LLC 1104190 4362001 Veeam Data Platform Foundation AA3GX8S 1,452.60 W1 00002660 09/12/2024 DECKARD TECHNOLOGIES INC 1104422 4309000 STR Monitoring-AUG 24 1706 5,783.33 W1 00002661 09/12/2024 DELTA DENTAL OF CALIFORNIA 1100000 1150300 Dental M Arbaugh BE006173680 43.47 W1 00002661 09/12/2024 DELTA DENTAL OF CALIFORNIA 1100000 1150300 Dental M Adkins BE006173680 -20.16 W1 00002661 09/12/2024 DELTA DENTAL OF CALIFORNIA 1100000 1150300 Dental M Valdez BE006173680 -138.39 W1 00002661 09/12/2024 DELTA DENTAL OF CALIFORNIA 1100000 1150300 Dental P Rodriguez BE006173680 -56.43 Report Date 09/12/2024 Page 1
City and Housing
Docusign Envelope ID: A7E99F4B-F988-48A1-929B-D6B797673035 71 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/12/2024 - 9/12/2024
City of Palm Desert
Account Number
W1 00002661 09/12/2024 DELTA DENTAL OF CALIFORNIA 1100000 2160900 Delta Dental Premium 08/2024 BE006173680 14,728.44 W1 00002661 09/12/2024 DELTA DENTAL OF CALIFORNIA 1104420 4112400 Dental S Carrasco BE006173680 138.39 W1 00002662 09/12/2024 DESERT REDI-MIX 1104310 4332000 R/M STREETS - 43356 AMARYLLIS 1190875 446.21 W1 00002662 09/12/2024 DESERT REDI-MIX 1104310 4332000 R/M STREETS - 42024 HOVLEY GAR 1190876 523.86 W1 00002663 09/12/2024 FG CREATIVE INC 1104430 4309000 Retainer El Paseo 9/2024 10261 1,500.00 W1 00002664 09/12/2024 HARTFORD LIFE AND ACCIDENT 1100000 2160700 LTD Premium 08/2024 463789464785 4,653.50 W1 00002664 09/12/2024 HARTFORD LIFE AND ACCIDENT 1100000 2161000 Life and AD&D Premium 08/2024 463789464785 2,547.32 W1 00002664 09/12/2024 HARTFORD LIFE AND ACCIDENT 1100000 2161800 STD Premium 08/2024 463789464785 2,450.88 W1 00002664 09/12/2024 HARTFORD LIFE AND ACCIDENT 1104150 4112200 LTD,LF,AD,STD Rounding 08/2024 463789464785 26.63 W1 00002665 09/12/2024 HIGH TECH IRRIGATION INC. 1104310 4219000 WATER COOLER 803711 59.76 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2734680 4332000 JL24 LMA 7 DESERT MIRAGE 6729 534.00 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2994374 4332000 JL24 -LMA 7 PALM DESERT CC 6729 518.00 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2734682 4332000 JL24 - LMA 7 PRIMEROSE II 6729 321.20 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2754643 4332000 JL24 -LMA 7 DIAMONDBACK 6729 108.80 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2754680 4332000 JL24 -LMA MONTEREY MEADOWS 6729 134.75 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2754681 4332000 JL24 -LMA 7 THE GLEN 6729 279.75 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2754682 4332000 JL24 -LMA 7 HOVLEY ESTATES 6729 145.00 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2754683 4332000 JL24 -LMA 7 SONATA I 6729 347.00 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2754684 4332000 JL24- LMA 7 SONATA II 6729 481.75 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2754685 4332000 JL24 -LMA 7 HOVLEY COLLECTION 6729 378.00 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2754686 4332000 JL24 -LMA 7 LA PALOMA I 6729 155.40 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2754687 4332000 JL24 -LMA 7 LA PALOMA II 6729 155.40 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2754693 4332000 JL24 - LMA 7 LA PALOMA III 6729 135.00 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2754694 4332000 JL24 -LMA 7 SANPIPER COURT 6729 160.00 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2754695 4332000 JL24 LMA 7 SANPIPER COURT WEST 6729 166.00 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2754696 4332000 JL24 -LMA 7 HOVLEY COURT WEST 6729 243.50 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2754697 4332000 JL24 - LMA 7 PALM COURT 6729 109.00 Report Date 09/12/2024 Page 2
City and Housing
Docusign Envelope ID: A7E99F4B-F988-48A1-929B-D6B797673035 72 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/12/2024 - 9/12/2024
City of Palm Desert
Account Number
W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2774373 4332000 LMA 7 PRESIDENTS PLAZA 1 / II 6729 5,443.00 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2784374 4332000 JL24 -LMA 7 VINEYARDS 6729 218.00 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2794374 4332000 JL24 -LMA 7 WARING COURT 6729 207.00 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2804374 4332000 JL24 -LMA 7 PALM GATE 6729 129.50 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2814374 4332000 JL24 -LMA 7 THE GROVE 6729 492.10 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2824373 4332000 LMA 7 PRESIDENTS PLAZA III 6729 3,492.10 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2834374 4332000 JL24 -LMA 7 PORTOLA PLACE 6729 207.25 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2854374 4332000 JL24 -LMA 7 KAUFMAN N BROAD 6729 964.00 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2864374 4332000 JL24 -LMA 7 CANYON CREST 6729 280.00 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2874374 4332000 LMA 7 COLLEGE VIEW ESTATES II 6729 311.00 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2874680 4332000 JL24 -LMA 7 THE BOULDERS 6729 492.00 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2874681 4332000 JL24 -LMA 7 SUNDANCE WEST 6729 275.00 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2874682 4332000 JL24 -LMA 7 PETUNIA I 6729 321.25 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2874683 4332000 JL24 -LMA 7 SUNDANCE EAST 6729 150.25 W1 00002666 09/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2874684 4332000 LMA 7 COLLEGE VIEW ESTATES I 6729 280.00 W1 00002667 09/12/2024 IMPRESSION DESIGN 1104420 4214000 Hats & Polo Shirts 15985 758.23 W1 00002668 09/12/2024 NEARMAP US INC 1100000 1430100 Nearmap Software FY25/26 INV01515125 6,631.67 W1 00002668 09/12/2024 NEARMAP US INC 1104190 4362001 Nearmap Software FY24/25 INV01515125 33,158.33 W1 00002669 09/12/2024 PALM DESERT CHAMBER OF COMMERCE 1104110 4312500 KQ, JH, KK, GN B. Bfast 75515 140.00 W1 00002669 09/12/2024 PALM DESERT CHAMBER OF COMMERCE 1104430 4363000 LD 9/10/24 (E.Ceja) 75509 35.00 W1 00002669 09/12/2024 PALM DESERT CHAMBER OF COMMERCE 1104430 4312500 Chamber Mthly Event 75514 70.00 W1 00002670 09/12/2024 PRO-CRAFT CONSTRUCTION INC 1104611 4331000 R/M PLUMBING SRV - PARKS 23121-29 12,076.48 W1 00002671 09/12/2024 SIGNARAMA 1104310 4219000 EQUIPMENT DECALS INV-125248 85.98 W1 00002672 09/12/2024 STAPLES BUSINESS ADVANTAGE 2524662 4211000 Various sign holders 7001378652 270.34 W1 00002672 09/12/2024 STAPLES BUSINESS ADVANTAGE 2524662 4211000 3 cases of paper 6009574580 154.77 W1 00002672 09/12/2024 STAPLES BUSINESS ADVANTAGE 8704195 4404000 Staples Order - Office Chair 6009578231 140.06 W1 00002673 09/12/2024 THE ALTUM GROUP 1104159 4219100 GERALD FORD DR-CSUSB-PDC FLOOD 9766 2,989.00 Report Date 09/12/2024 Page 3
City and Housing
Docusign Envelope ID: A7E99F4B-F988-48A1-929B-D6B797673035 73 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/12/2024 - 9/12/2024
City of Palm Desert
Account Number
W1 00002674 09/12/2024 THE VAN DYKE CORPORATION 4510000 2060000 RTNT P116982/C46150 PP08-R -4,700.77 W1 00002674 09/12/2024 THE VAN DYKE CORPORATION 4514374 5000455 SECT 29 RET BASIN IMPR/EXPSN PP08 94,015.49 W1 00002675 09/12/2024 The [RE]DESIGN Group 1100000 1430100 Dell VxRail Renewal 8508 38,412.89 W1 00002675 09/12/2024 The [RE]DESIGN Group 1104190 4336000 Dell VxRail Renewal (3-years) 8508 10,975.11 W1 00002676 09/12/2024 VERIZON WIRELESS SERVICES LLC 1100000 2289950 Verizon JUL24-AUG23 9972179600 6,118.59 W1 00002676 09/12/2024 VERIZON WIRELESS SERVICES LLC 1100000 2289950 Verizon MIFI JUL29-AUG28 9972559593 1,153.86 W1 00002677 09/12/2024 VISION SERVICE PLAN INC. 1100000 1150300 VSP M Valdez 820912597 -31.81 W1 00002677 09/12/2024 VISION SERVICE PLAN INC. 1100000 1150300 VSP M Adkins 820912597 31.81 W1 00002677 09/12/2024 VISION SERVICE PLAN INC. 1100000 1150300 VSP A Arbaugh 820912597 31.81 W1 00002677 09/12/2024 VISION SERVICE PLAN INC. 1100000 1150300 VSP J Garcia 820912597 31.81 W1 00002677 09/12/2024 VISION SERVICE PLAN INC. 1100000 2161400 VSP Premium 08/2024 820912597 4,389.78 W1 00002677 09/12/2024 VISION SERVICE PLAN INC. 1104190 4112400 VSP C Acoeda 820912597 31.81 W1 00002678 09/12/2024 WEX HEALTH INC 1104154 4309000 JUL23 COBRA Monthly 0001782086-IN 85.00 W1 00002679 09/12/2024 WINGED SOLUTIONS INC 1104610 4332001 JL24 CC PARK BIRD MITIGATION WS073124CP 882.00 W1 00002679 09/12/2024 WINGED SOLUTIONS INC 1104610 4332001 AG24 CC PARK BIRD MITIGATION WS083124CP 819.00 W1 02004222 09/12/2024 ANDREA STAEHLE 1104154 4312101 All Employee Meeting F&B ASTAEHLE 9.3.24 71.05 W1 02004223 09/12/2024 ANSER ADVISORY MANAGEMENT LLC 5304310 4404500 TO008802-City Hall Charging 26071 7,215.00 W1 02004223 09/12/2024 ANSER ADVISORY MANAGEMENT LLC 5304310 4404500 TO009639- Corp Yard, Sheriff 26072 765.00 W1 02004224 09/12/2024 BECK OIL INC 1104331 4217000 REFUEL GENERATOR - JOSLYN 129957 321.49 W1 02004224 09/12/2024 BECK OIL INC 1104331 4217000 REFUEL GENERATOR - FS67 129958 125.11 W1 02004225 09/12/2024 BRIGHT EVENT RENTAL 1104416 4306101 City Produced Events Hunger Ac 800320 1,331.20 W1 02004226 09/12/2024 BURRTEC 2774373 4351800 TRASH PICKUP SRV PP East 433101-09/24 8,989.36 W1 02004226 09/12/2024 BURRTEC 2774373 4351800 TRASH PICKUP SRV PP West 433104-09/24 7,392.96 W1 02004226 09/12/2024 BURRTEC 5104195 4369601 73710 FW TRASH PICKUP SRV 208162-09/24 519.27 W1 02004226 09/12/2024 BURRTEC 5104195 4369602 73720 FW TRASH PICKUP SRV 208189-09/24 372.91 W1 02004227 09/12/2024 CALIFORNIA MUNICIPAL TREASURERS 1104150 4363000 Membership Dues - J. Bounds 300003863 110.00 W1 02004228 09/12/2024 CALIFORNIA PRESERVATION FOUNDATION1104470 4363000 CALIFORNIA PRESERVATION DUES DDE37EB0-0001 1,000.00 Report Date 09/12/2024 Page 4
City and Housing
Docusign Envelope ID: A7E99F4B-F988-48A1-929B-D6B797673035 74 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/12/2024 - 9/12/2024
City of Palm Desert
Account Number
W1 02004229 09/12/2024 CHARTER COMMUNICATIONS 1104190 4365000 9/1-9/30 City Hall Internet 189329401090124 115.21 W1 02004230 09/12/2024 COACHELLA VALLEY DISASTER 1104210 4304200 RR2024-07-26-020 IN2407251434SRW 44.00 W1 02004231 09/12/2024 COACHELLA VALLEY WATER DIST. 1104330 4351000 1052 CORPORATION YARD 315177847704AG24 522.61 W1 02004231 09/12/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 10364 HOVLEY SOCCER PARK 316695849222AG24 17,999.46 W1 02004231 09/12/2024 COACHELLA VALLEY WATER DIST. 1104614 4351000 1051 ST MEDIANS "4" 315175847702AG24 5,334.06 W1 02004231 09/12/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 San Luis Rey - Fire Mtr PP E/W 797757405414AG24 101.79 W1 02004232 09/12/2024 D & B VISIONS 2364195 4309000 RECYCLING & ORGANICS ED PROGRA 24-08 1,100.00 W1 02004233 09/12/2024 DEPARTMENT OF PESTICIDE 1104300 4363000 2024-25 DPRCERT-RC 103869-RC2024 270.00 W1 02004234 09/12/2024 DESERT AIR CONDITIONING INC. 1104330 4331000 R/M HVRC SRVS - CORPYARD 252876 1,518.97 W1 02004234 09/12/2024 DESERT AIR CONDITIONING INC. 1104330 4331000 R/M HVRC SRVS - CORPYARD 252882 148.50 W1 02004234 09/12/2024 DESERT AIR CONDITIONING INC. 5104195 4369601 R/M HVAC SRVS - PARKVIEW 252949 480.84 W1 02004234 09/12/2024 DESERT AIR CONDITIONING INC. 5104195 4369602 R/M HVAC SRVS - STATE BLDG 253001 247.37 W1 02004234 09/12/2024 DESERT AIR CONDITIONING INC. 5104195 4369602 HVAC PM - STATE BUILDING 252133 1,130.00 W1 02004234 09/12/2024 DESERT AIR CONDITIONING INC. 1104340 4331000 JL24 HVAC PM - CH / HS / PDC 252133 6,834.00 W1 02004234 09/12/2024 DESERT AIR CONDITIONING INC. 1104344 4331000 HVAC PM - PORTOLA CC 252133 388.00 W1 02004234 09/12/2024 DESERT AIR CONDITIONING INC. 1104610 4331000 HVAC PM - CIVIC CENTER PARK 252133 264.00 W1 02004234 09/12/2024 DESERT AIR CONDITIONING INC. 1104611 4331000 HVAC PM - FREEDOM / HOVLEY PAR 252133 241.00 W1 02004234 09/12/2024 DESERT AIR CONDITIONING INC. 2424549 4331101 HVAC PM - AQUATIC CTR 252133 391.00 W1 02004234 09/12/2024 DESERT AIR CONDITIONING INC. 5104195 4369500 HVAC PM - SHERIFF CENTER 252133 6,983.00 W1 02004234 09/12/2024 DESERT AIR CONDITIONING INC. 5104195 4369601 HVAC PM - PARKVIEW OFFICE COMP 252133 1,806.00 W1 02004235 09/12/2024 DESERT ARC 1104111 4309000 FY 24/25 SHREDDING SCS 12291 175.00 W1 02004236 09/12/2024 DESERT NAPA AUTO PARTS 1104310 4219000 SOCKET EXTENSIONS 092074 37.69 W1 02004236 09/12/2024 DESERT NAPA AUTO PARTS 1104331 4334000 DITCH WITCH RELAYS 075086 123.86 W1 02004237 09/12/2024 DESERT TREE SPRAYING 1104610 4332001 JL24 RODENT/GOPHER CTRL- CC 3202 310.00 W1 02004237 09/12/2024 DESERT TREE SPRAYING 1104611 4332001 JL24 RODENT/GOPHER CTRL- PARKS 3202 305.00 W1 02004237 09/12/2024 DESERT TREE SPRAYING 1104611 4391000 RODENT/GOPHER CONTROL - GARDEN 3202 90.00 W1 02004237 09/12/2024 DESERT TREE SPRAYING 1104614 4392101 RODENT/GOPHER CONTROL - ENTRAD 3202 140.00 Report Date 09/12/2024 Page 5
City and Housing
Docusign Envelope ID: A7E99F4B-F988-48A1-929B-D6B797673035 75 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/12/2024 - 9/12/2024
City of Palm Desert
Account Number
W1 02004237 09/12/2024 DESERT TREE SPRAYING 2854374 4332100 RODENT/GOPHER CONTROL - K/B 3202 90.00 W1 02004238 09/12/2024 DESERT VALLEYS BUILDERS 1104110 4312500 Harnik DVBA Mem. Meeting 4R9QX2UWM4 50.00 W1 02004239 09/12/2024 DEVINE, CATHERINE 2300000 3412400 EMS (6/14/24) RUN (457932) 2024089099 75.06 W1 02004240 09/12/2024 DOYEL, DANIEL A 1100000 3799100 REFUND OF OVERPAYMENT GC2022-0045 10.00 W1 02004241 09/12/2024 EISER, EMESE 1104154 4305600 Volunteer Live Scan Service EEISER 8.8.24 62.00 W1 02004242 09/12/2024 FIESTA FORD 1104331 4334000 R/M #63 CITY OWNED 576659 526.89 W1 02004242 09/12/2024 FIESTA FORD 1104310 4332000 R/M #72 CITY OWNED 571236 178.91 W1 02004243 09/12/2024 GONZALES, KAREN 1104154 4305600 Volunteer Live Scan Service KGONZALES 7.25 62.00 W1 02004244 09/12/2024 GREATER COACHELLA VALLEY 1104430 4312500 2024 La Quinta Expo 27199 99.00 W1 02004244 09/12/2024 GREATER COACHELLA VALLEY 1104430 4312500 2024 All Mayors/Tribal Luncheo 27198 200.00 W1 02004245 09/12/2024 HAMMER PLUMBING AND PUMPING 1104611 4331000 CAHUILLA RESTROOM PUMP SRV 33739-1 395.00 W1 02004246 09/12/2024 HARNIK, JAN C. 1104110 4311500 Harnik Mileage 08.2024 HARNIK MIL 08.24 26.53 W1 02004247 09/12/2024 HEALTH NOW 2300000 3412400 EMS (1/22/24) RUN (46593) 2024011619 1,745.90 W1 02004248 09/12/2024 HERITAGE PROVIDER NETWORK INC 2300000 3412400 EMS (6/1/24) RUN (415630) 2024082030 577.39 W1 02004248 09/12/2024 HERITAGE PROVIDER NETWORK INC 2300000 3412400 EMS (3/22/24) RUN (217538) 2024043637 503.89 W1 02004249 09/12/2024 HOLISTIC SYSTEM INTEGRATION 1104421 4309000 Principal Consultant-AUG 24 INV-000116 15,000.00 W1 02004250 09/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Shopper 50087402-AG24 34.18 W1 02004250 09/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Miriam 50087411-AG24 34.01 W1 02004250 09/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 72800 Dinah Shore Drive 50087423-AG24 58.40 W1 02004250 09/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Monterrey 50087432-AG24 68.26 W1 02004250 09/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Monterey 50087443-AG24 34.93 W1 02004250 09/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Miriam 50087452-AG24 63.03 W1 02004250 09/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 37998 Gerald Ford Dr 50514026-AG24 34.47 W1 02004250 09/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 37996 Gerald Ford Dr Signal LT 50514028-AG24 57.64 W1 02004250 09/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 75396 Frank Sinatra Dr 50540835-AG24 35.67 W1 02004250 09/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 75394 Frank Sinatra Dr St Ligh 50540839-AG24 26.10 W1 02004250 09/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 75398 Frank Sinatra Dr 50540840-AG24 45.54 Report Date 09/12/2024 Page 6
City and Housing
Docusign Envelope ID: A7E99F4B-F988-48A1-929B-D6B797673035 76 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/12/2024 - 9/12/2024
City of Palm Desert
Account Number
W1 02004250 09/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 33108 Mont Safety Lt (Prv50650 50887764-AG24 96.35 W1 02004250 09/12/2024 IMPERIAL IRRIGATION DISTRICT 1104614 4351400 34249 Monterey Ave 50488446-AG24 12.49 W1 02004251 09/12/2024 JOE GONSALVES & SON CORP 1104112 4309000 Jul24 - Retainer Legislative 161711 3,000.00 W1 02004251 09/12/2024 JOE GONSALVES & SON CORP 1104112 4309000 Aug24 - Retainer Legislative 161789 3,000.00 W1 02004252 09/12/2024 JOHN KALISKI ARCHITECTS INC 1104470 4300500 Downtown & Hillside ODS-JUL 24 6877 4,713.45 W1 02004253 09/12/2024 KNORR SYSTEMS INC 2424549 4331101 R/M EXTRAS - AQUATIC CENTER 246085 2,285.15 W1 02004253 09/12/2024 KNORR SYSTEMS INC 2424549 4331101 R/M EXTRAS - AQUATIC CENTER PU 246603 56.52 W1 02004253 09/12/2024 KNORR SYSTEMS INC 2424549 4331101 R/M EXTRAS - AQUATIC CENTER PU 246547 889.65 W1 02004254 09/12/2024 LEAGUE OF CALIFORNIA CITIES 1104211 4312000 N. Ortega New Law/Election Reg N.ORTEGA REG 550.00 W1 02004255 09/12/2024 LOCK SHOP INC. 1104340 4331000 DOOR LOCK SRVS - CITY HALL A136254 255.51 W1 02004255 09/12/2024 LOCK SHOP INC. 5104195 4331000 DOOR LOCK SRV - STATE BLDG A136255 163.44 W1 02004255 09/12/2024 LOCK SHOP INC. 5104195 4331000 DOOR LOCK SRV - PARKVIEW A136256 60.00 W1 02004255 09/12/2024 LOCK SHOP INC. 1104611 4332001 LOCKS FOR POWER PEDASTALS BB10560537 133.65 W1 02004256 09/12/2024 LOWE'S HOME CENTERS INC. 1104310 4219000 STUD FINDERS AND SPRAY PAINT 990634-082324 203.95 W1 02004256 09/12/2024 LOWE'S HOME CENTERS INC. 1104330 4219000 SHOP TOOLS 976173-083024 203.97 W1 02004256 09/12/2024 LOWE'S HOME CENTERS INC. 1104330 4331000 MATERIALS FOR SHELVING 996988-082624 349.07 W1 02004257 09/12/2024 M & M SWEEPING INC. 1104310 4332000 AG24 CITYWIDE STREET SWEEPING 67731 16,604.50 W1 02004257 09/12/2024 M & M SWEEPING INC. 1104330 4331000 AG24 PARKING LOT SWEEPING - CY 67731 355.25 W1 02004257 09/12/2024 M & M SWEEPING INC. 1104610 4332100 PARKING LOT SWEEPING - CC PARK 67731 798.00 W1 02004257 09/12/2024 M & M SWEEPING INC. 1104611 4332501 PARKING LOT SWEEPING - PARKS 67731 643.50 W1 02004257 09/12/2024 M & M SWEEPING INC. 1104614 4392101 PARKING LOT SWEEPING - ENTRADA 67731 258.00 W1 02004257 09/12/2024 M & M SWEEPING INC. 2424549 4331101 PARKING LOT SWEEPING - PDAC 67731 146.25 W1 02004257 09/12/2024 M & M SWEEPING INC. 2774373 4309103 PARKING LOT SWEEPING - PP E/W 67731 619.50 W1 02004257 09/12/2024 M & M SWEEPING INC. 2824373 4309103 PARKING LOT SWEEPING - PP III 67731 478.50 W1 02004257 09/12/2024 M & M SWEEPING INC. 5104195 4369601 PARKING LOT SWEEPING - PARKVIE 67731 196.50 W1 02004258 09/12/2024 MISSION PROPERTY ADVISORS INC 1104159 4219100 50% Appraisal D. Shore & Porto 3049 2,000.00 W1 02004259 09/12/2024 PAINTERS WAREHOUSE OF 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 2408-217825 34.36 Report Date 09/12/2024 Page 7
City and Housing
Docusign Envelope ID: A7E99F4B-F988-48A1-929B-D6B797673035 77 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/12/2024 - 9/12/2024
City of Palm Desert
Account Number
W1 02004259 09/12/2024 PAINTERS WAREHOUSE OF 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 2409-218093 146.53 W1 02004260 09/12/2024 PALM DESERT ACE HARDWARE 1104340 4219000 R/M BLDG SUPPLIES 247199 55.99 W1 02004260 09/12/2024 PALM DESERT ACE HARDWARE 1104340 4331000 R/M DOOR SEAL 247187 66.76 W1 02004260 09/12/2024 PALM DESERT ACE HARDWARE 1104610 4331000 R/M PLUMBING - CC RESTROOM 246904 40.92 W1 02004260 09/12/2024 PALM DESERT ACE HARDWARE 1104611 4331000 R/M PLUMBING - JOEMANN 247247 9.89 W1 02004260 09/12/2024 PALM DESERT ACE HARDWARE 1104611 4331000 R/M PLUMBING - JOEMANN 247246 41.96 W1 02004260 09/12/2024 PALM DESERT ACE HARDWARE 1104611 4332001 PEST CONTROL - FREEDOM 247174 118.40 W1 02004261 09/12/2024 PARK CONSULTING GROUP INC. 1104190 4390000 AUG24 Advisory & Impl Services 656 33,320.00 W1 02004262 09/12/2024 PASCO DOORS 1104340 4331000 FY 24/25 R/M DOORS - CITY HALL 100825 1,518.58 W1 02004263 09/12/2024 PPG ARCHITECTURAL FINISHES 1104310 4391502 4.17.24 GRAFFITI SUPPLIES 972220002093-B 61.72 W1 02004264 09/12/2024 PROPER SOLUTIONS INC. 1104430 4309000 Temporary Employee Services fo 16286 1,195.84 W1 02004264 09/12/2024 PROPER SOLUTIONS INC. 1104300 4300300 TEMP STAFF SVCS-PW PE 7/19/24 16166 1,401.20 W1 02004264 09/12/2024 PROPER SOLUTIONS INC. 1104300 4300300 TEMP STAFF SVCS-PW PE 7/12/24 16143 1,401.20 W1 02004264 09/12/2024 PROPER SOLUTIONS INC. 1104300 4300300 TEMP STAFF SVCS-PW PE 7/26/24 16189 1,120.96 W1 02004264 09/12/2024 PROPER SOLUTIONS INC. 1104300 4300300 TEMP STAFF SVCS-PW PE 8/19/24 16238 1,401.20 W1 02004264 09/12/2024 PROPER SOLUTIONS INC. 1104300 4300300 TEMP STAFF SVCS-PW PE 8/16/24 16262 1,120.96 W1 02004264 09/12/2024 PROPER SOLUTIONS INC. 1104300 4300300 TEMP STAFF SVCS-PW PE 8/23/24 16288 1,261.08 W1 02004265 09/12/2024 RAYMOND CARANO 1100000 3221100 80% REFUNDABLE FEES ROOF24-0168 211.20 W1 02004266 09/12/2024 RETAIL MARKETING SERVICES 1104422 4309000 Shopping Cart Retrieval-JUL 24 192796 570.00 W1 02004267 09/12/2024 RODRIGUEZ , RICARDO 1104154 4305600 Live Scan Service RRODRIGUEZ 8.24 77.00 W1 02004268 09/12/2024 SANTA MONICA UCLA MEDICAL CENTER 1104210 4390400 SA Exam-24596983 8.15.24 911.00 W1 02004269 09/12/2024 SENSERA SYSTEMS INC 1104250 4404500 ONE MC78X CAMERA KIT 228067 2,799.30 W1 02004269 09/12/2024 SENSERA SYSTEMS INC 1104250 4404500 EST. 7.75% SALES TAX - EQUIP 228067 216.95 W1 02004269 09/12/2024 SENSERA SYSTEMS INC 1104300 4362000 SITE CLOUD SRV 5 GB CELLULAR 228067 2,592.00 W1 02004270 09/12/2024 SERVPRO 4504161 4400100 TO006470-City Hall- SFA00003- 5275739 43,279.72 W1 02004271 09/12/2024 SHAUN HOISINGTON ELECTRICAL AND 1100000 3221100 80% REFUNDABLE FEES ELPU24-0072 211.20 W1 02004272 09/12/2024 SO CAL GAS 1104330 4351200 74605 42nd Ave SHOP 05382896149-SP24 38.62 Report Date 09/12/2024 Page 8
City and Housing
Docusign Envelope ID: A7E99F4B-F988-48A1-929B-D6B797673035 78 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/12/2024 - 9/12/2024
City of Palm Desert
Account Number
W1 02004272 09/12/2024 SO CAL GAS 1104340 4351200 73510 FW City Hall 20092710001-AG24 39.25 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2734680 4351000 (3) Desert Mirage (38601 Cook) 700017585033AG24 17.29 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2734682 4351000 (4) Primrose (75530 Hovley) 700017585033AG24 13.83 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2754680 4351000 (21) Monterey Meadows (73100 H 700017585033AG24 13.82 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2754681 4351000 (20) The Glen (40730 M) 700017585033AG24 14.05 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2754682 4351000 (18) Hovley Estates (40962 C / 700017585033AG24 30.47 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2754683 4351000 (19) Sonata I (40794) 700017585033AG24 14.98 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2754684 4351000 (5) Sonata II (73500 Hovley) 700017585033AG24 24.20 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2754685 4351000 (7) Hovley Collection (73145 H 700017585033AG24 14.05 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2754686 4351000 (8) La Paloma I (40970 A/73625 700017585033AG24 27.87 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2754687 4351000 (10) La Paloma II (40970 Rosar 700017585033AG24 14.05 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2754693 4351000 (14) La Paloma III (40741 Sola 700017585033AG24 14.05 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2754694 4351000 (11) Sandpiper (40751 / 40972) 700017585033AG24 27.87 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2754695 4351000 (12) Sandpiper West (40753 / 4 700017585033AG24 28.10 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2754696 4351000 (13) Hovley West (40762 Hov) 700017585033AG24 16.16 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2764374 4351000 (1) Canyon Cove (Calliandra) 700017585033AG24 34.78 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2774373 4351400 (22) Presidents Plaza E/W 700017585033AG24 494.05 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2784374 4351000 (2) Vineyards (43430 Stony) 700017585033AG24 13.82 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2814374 4351000 (6) The Grove (44225 Deep Cyn) 700017585033AG24 14.05 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2824373 4351400 (15) Presidents Plaza III (731 700017585033AG24 992.11 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2824373 4351400 (23) Presidents Plaza III (731 700017585033AG24 15.22 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2834374 4351000 (17) Portola Place (44221) 700017585033AG24 14.05 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2854374 4351000 (9) Kaufman/Broad (73502 FS) 700017585033AG24 15.01 W1 02004273 09/12/2024 SOUTHERN CALIFORNIA EDISON 2994374 4351000 (16) Palm Desert CC (77925 Sta 700017585033AG24 20.73 W1 02004274 09/12/2024 SRSD CONSULTING LLC 1104154 4309000 Coaching Sessions E41918E0-0002 500.00 W1 02004275 09/12/2024 ST. FRANCIS ELECTRIC LLC 1104250 4332500 24/25 TRAFFIC SIGNAL PM AND RE 20016889 447.00 W1 02004276 09/12/2024 THE DAVID NORMAN TOFANELLI 2300000 3412400 EMS (3/8/24) RUN (178699) 2024036273 2,007.78 Report Date 09/12/2024 Page 9
City and Housing
Docusign Envelope ID: A7E99F4B-F988-48A1-929B-D6B797673035 79 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/12/2024 - 9/12/2024
City of Palm Desert
Account Number
W1 02004277 09/12/2024 TOPS N BARRICADES INC. 1104310 4214000 EMPLOYEE SAFETY T-SHIRTS 1108794 194.76 W1 02004277 09/12/2024 TOPS N BARRICADES INC. 1104310 4219000 STREET SIGN SUPPLIES 1108795 611.56 W1 02004277 09/12/2024 TOPS N BARRICADES INC. 1104310 4219000 PAINT AND SAFETY GLOVES 1108906 1,044.00 W1 02004278 09/12/2024 TPX COMMUNICATIONS 1104190 4365000 Internet/Phone Svcs AUG24 181217011-0 7,272.91 W1 02004279 09/12/2024 ULINE INC 2524662 4211000 Office Supplies 182088084 404.74 W1 02004280 09/12/2024 URBAN SDK INC 1104210 4304200 Software Subscription 1488 15,000.00 W1 02004281 09/12/2024 WILLDAN ENGINEERING 1104420 4301000 Plan Review & Insp-JUL 24 002-32501 7,032.50 W1 02004282 09/12/2024 WITTMAN ENTERPRISES LLC 2304220 4309000 AUG24 EMS BILLING SERVICES 24080547 16,885.00 W1 02004282 09/12/2024 WITTMAN ENTERPRISES LLC 2304220 4309000 JUL24 EMS BILLING SERVICES 24070547 15,864.00 Examined and Approved Total For Bank ID - W1
576,365.94 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 09/12/2024 Page 10
City and Housing
Docusign Envelope ID: A7E99F4B-F988-48A1-929B-D6B797673035 80 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/13/2024 - 9/13/2024
City of Palm Desert
Account Number
W1 02004283 09/13/2024 CEJA, ERIC 1104430 4312000 IEDC 2024 9/18/24 ADV LDG 9/18/24 650.08 W1 02004283 09/13/2024 CEJA, ERIC 1104430 4312000 IEDC 2024 9/18/24 ADV PDM 9/18/24 276.50 Examined and Approved Total For Bank ID - W1
926.58 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 09/13/2024 Page 1
City and Housing
Docusign Envelope ID: 0C94EC2B-7241-4633-AF77-C95DFCAFDB38 81 82

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 26, 2024
PREPARED BY: Julia Breyer, Management Analyst
Martin Alvarez, Director of Public Works
SUBJECT: RESOLUTION TO APPROVE THE ARTIFICIAL TURF/SYNTHETIC GRASS ADMINISTRATIVE POLICY NO. PW-001
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING ADMINISTRATIVE POLICY NO. PW-001 TO PROHIBIT THE USE OF ARTIFICAL TURF/SYNTHETIC GRASS IN PUBLIC RIGHTS-OF-WAY.” BACKGROUND/ANALYSIS:

On December 14, 2023, the City Council received a study session presentation regarding the use of artificial turf/synthetic grass. During that meeting, the City Council discussed concerns regarding artificial turf/synthetic grass and directed staff to conduct research and return with a policy at a future meeting.

In 2016, Senate Bill 676 (SB 676) was adopted, encouraging the transition to landscape alternatives that use less water, such as artificial turf/synthetic grass. However, in October 2023, SB 676 was amended and approved by the Governor, stating that artificial turf/synthetic grass is no longer an acceptable form of drought-tolerant landscaping. Significant environmental issues have been identified with these installations, including water and soil pollution from synthetic grass and artificial turf debris, increased stormwater runoff from insufficient ground percolation, and a lack of recyclability. Pursuant to Government Code section 53087.7, cities may prohibit the installation of artificial turf/synthetic grass on residential property.

Government Code Section 53087.7:
(a) A city, including a charter city, county, or city and county, shall not enact any ordinance or regulation, or enforce any existing ordinance or regulation, that prohibits the installation of drought-tolerant landscaping using living plant material on residential property. (b) For the purposes of this section, “drought-tolerant landscaping” shall not include the installation of artificial turf/synthetic grass.

Following feedback from the City Council and additional research, City staff developed an Artificial Turf/Synthetic Grass Administrative Policy. The policy states that the City will no longer utilize artificial turf/synthetic grass in public rights-of-way, including medians, parkways, landscaped areas around public facilities, and City parks. Artificial turf/synthetic grass acts as a barrier, limiting the absorption of groundwater and leading to pooling and increased runoff during storm events. Additionally, artificial turf/synthetic grass products may contain plastics, nylon, and crumb rubber materials that degrade over time, potentially leaching into the environment and harming the City's ecosystem and watershed.
83 City of Palm Desert
Recommend City Council Approve Administrative Policy

Artificial turf/synthetic grass is not recyclable and may contribute to plastic pollution and increased waste in landfills. Biodiverse landscapes containing native plants and vegetation help communities by strengthening the local ecosystems and building climate resilience.

Currently, the only remaining section of artificial turf/synthetic grass in the City is in the median at El Paseo and San Pablo. This artificial turf/synthetic grass will be replaced once it reaches the end of its anticipated lifespan, which the City expects to occur within the next 1 to 2 years.

In preparation for this, City staff are developing a comprehensive landscape master plan that will address medians throughout the City, including the area currently featuring the artificial turf. This plan will guide the replacement and enhancement of this median with a new, sustainable solution.

The administrative policy specifically applies to City public rights-of-way, medians, parkways, landscaped areas around public facilities, and City parks. It also reinforces the City's commitment to water conservation and environmental preservation. Therefore, City staff recommends that the City Council adopt the resolution to approve the artificial turf and synthetic grass policy.

Legal Review:

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

Appointed Body Recommendation:

At the February 27, 2024, and August 26, 2024, Resource Preservation and Enhancement Committee meetings, the Committee reviewed and supported the recommendation for City Council to adopt the resolution to approve the artificial turf/synthetic grass policy. .

FINANCIAL IMPACT:

There is no financial impact associated with the adoption of the resolution and approval of the administrative policy.

ATTACHMENTS:

1. Resolution
a. Exhibit A, Administrative Policy (PW-001)
84 RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING ADMINISTRATIVE POLICY NO. PW001 TO PROHIBIT THE USE OF ARTIFICAL TURF/SYNTHETIC GRASS

IN PUBLIC RIGHTS-OF-WAY
WHEREAS, California Constitution Article XI, Section 7, enable the City of Palm Desert (the “City”) to enact local planning and land use regulations; and WHEREAS, the City currently does not regulate the design, installation or use of artificial turf/synthetic grass within the City; and
WHEREAS, it is known to the City that certain types of artificial grass/synthetic turf create impenetrable barriers that may prohibit or severely limit the absorption of ground water, and contribute to the risk of overwhelming the capacity of the City’s stormwater drainage system; and
WHEREAS, numerous studies indicate that artificial turf/synthetic grass can have a negative effect on the environment and pose certain health hazards such as creating “heat islands”, decreasing biodiversity, creating impenetrable barriers for ground water, releasing toxic chemicals, including those that are known to cause cancer, and creating burden on local landfills as non-biodegradable materials; and WHEREAS, the City desires to ensure its residents are adequately protected from the health and safety impacts that unregulated artificial turf/synthetic grass may pose to the City;
WHEREAS, the City desires to formalize a policy to prohibit the use of artificial turf/synthetic grass in public rights of way; and
WHEREAS, the City Council has been presented with a policy in the form attached to this Resolution as “Administrative Policy PW-001” and by this reference incorporated herein.

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

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

SECTION 2. The City Manager is hereby authorized to establish and periodically review and update Administrative Policy PW-001.

SECTION 3. The attached Administrative Policy PW-001 shall be added to the City’s Administrative Procedures.
85 Resolution No. 2024-____ Page 2
ADOPTED ON SEPTEMBER 26, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

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

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

ANTHONY J. MEJIA

CITY CLERK
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CITY OF PALM DESERT

ADMINISTRATIVE PROCEDURES
Subject Artificial Turf/Synthetic Grass in Public
Rights-of-Way
Policy No. PW-001
Date Issued: September 26, 2024
Approved by Resolution 2024-____
Authored by Public Works Department
I. INTRODUCTION
In December 2016, Legislature enacted Senate Bill (SB) 676 prohibiting local jurisdictions from enacting or enforcing any regulations that prohibit the installation of drought-tolerant landscaping, synthetic grass, or artificial turf on residential property. In accordance with Government Code Section 53087.7, the City has the authority to enact reasonable restrictions on the type of artificial turf/synthetic grass that may be installed and the design of its installation.

II. PURPOSE
The purpose is to protect and enhance the health, safety and general welfare of the City in addition to protecting the water usage and water quality to be consistent with the state and federal regulations and permits, including the Clean Water Act.

A. Eliminating the discharge of debris from artificial turf/synthetic grass products, such as plastic blades, crumb rubber, nylon and other synthetic components, into stormwater runoff;
B. Improve the absorption and retention of storm water through the use of natural drought-tolerant landscaping using living plant material; C. Eliminating solid waste generated by the disposal of synthetic grass and artificial turf products;
D. Improving public health and safety by removing exposure to potential environmental carcinogens found in artificial turf/synthetic grass products.

III. DEFINITIONS
A. “Artificial Turf” and “Synthetic Grass” is artificial or synthetic non-organic material that simulates the appearance of organic sod, grass, or lawn ground cover, and includes outdoor plastic carpeting. Artificial turf/synthetic grass does not include painted natural organic grass or sod.
89 IV. GENERAL POLICY
The use and installation of artificial turf and synthetic grass landscaping material is prohibited in City public rights-of-way. This includes but is not limited to medians, parkways, landscaped areas around public facilities, and city parks. This policy does not prohibit the use of artificial turf/synthetic grass for residential and private properties. The City may modify the policy from time to time as it may deem necessary or as required by law.
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 26, 2024
PREPARED BY: Veronica Chavez, Director of Finance
Clay von Helf, Information Technology Manager
ASUBJECT: APPROVAL OF AGREEMENTS WITH WORKDAY, INC., RELATED TO

THE IMPLEMENTATION OF A NEW ENTERPRISE RESOURCE

PLANNING (ERP) SYSTEM
RECOMMENDATION:

1. Approve Agreements with Workday, Inc., for the acquisition and implementation of a new enterprise resource planning system.

2. Appropriate $393,353 to the Information Technology Special Programs Account Number 1104190-4390000 from unobligated General Fund Reserves for implementation, training, and 10% contingency.

3. Authorize the City Attorney to make any necessary nonmonetary changes to the agreements.

4. Authorized the City Manager to execute the agreement, future amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.

BACKGROUND/ANALYSIS:

Like most organizations of its size, the City uses specialized software to record financial transactions and manage human resources. These types of systems are referred to as Enterprise Resource Planning (ERP) systems. The City’s current ERP system is commonly referred to as Finance Enterprise.

Finance Enterprise (FE) was implemented in 2015. Over time, FE has remained substantially unchanged and no longer meets current technology standards. Additionally, support for the current product is expected to be discontinued soon, ultimately requiring migration to a new system. In the meantime, FE remains inefficient and outdated, requiring other systems to digitize processes and generate necessary reports, which increases the risk of errors. Staff has maximized efficiencies within the current system, but ongoing customer support challenges and a lack of investment from Finance Enterprise make further innovation impossible.

Staff has been researching and reviewing demonstrations from various ERP systems available to local governments. A Request for Information (RFI) was conducted in 2022 to identify programs that could best fit the City’s needs. However, staff was not impressed with the response and decided to continue using FE until a more innovative solution was found. Soon after, staff began hearing positive feedback about Workday. At the time, Workday did not work with smaller cities as their robust government program had been developed for counties and 91 City of Palm Desert
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cities. In late 2023, staff learned that Workday had developed a new product intended for midsize cities like Palm Desert (less than 300 employees).

A demonstration from Workday, tailored to address the City’s specific needs and issues, was requested. Over the past few months, Workday has provided multiple demonstrations, training sessions, and both virtual and in-person meetings to ensure we had the information necessary to make an informed recommendation for implementation.

Some of the key benefits and reasons for the selection of the Workday proposal include the following:
 Workday is a significant provider to corporations worldwide that has successfully moved into the public sector over the last decade. Some of their municipal clients in California now include the cities of Los Angeles, Ontario, San Mateo, Rancho Cucamonga, and the County of Santa Barbara. Staff has met with both Ontario and Rancho Cucamonga and received excellent feedback on the system, the implementation partners, and ongoing support.
 The system is independently audited annually for security standards, uses state of the art encryption technology, and a cloud based system architecture to provide excellent security, continuity, maximum system uptime, and full functionality from any location- including mobile devices.
 Workday’s delivered functionality would allow the City to decommission other systems, resulting in savings from reduced systems costs and improved efficiencies.
 Workday is a Cooperative Purchasing Partner within OMNIA, which is a national cooperative purchasing agreement and satisfies bidding requirements pursuant to Section 3.30.160 of the Palm Desert Municipal Code.

Workday also provided a Functional Capabilities Assessment to determine the current state of our system and the improvements available through Workday and their program that offers innovation and best practices. The assessment revealed that current systems are currently at an innovation standstill, have many operating inefficiencies due to our current system limitations, reduced engagement of staff due to difficulties in finding information, and increased risk of error throughout the organization due to other systems and/or human error. Attached is the presentation provided by Workday with some of the results, as well as quotes from staff from their surveys. On a scale of “Foundational” to “Leading” (Low to High), the surveys showed that our current system provides Foundational to Intermediate functionality. The intermediate functionality seems to be where other systems are used to improve capabilities.

By implementing the Workday system, the City should see value in 1) optimized IT support, 2) less need for costly consultants and/or shadow systems, 3) empowered HR and Finance teams, 4) time saved on administrative work that is automated, 5) faster onboarding time to productivity, improved spend controls and greater visibility, and 6) increased ownership as a result of ease 92 City of Palm Desert
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of use. Attached on Page 6 of the Workday presentation are statements of projected savings related to Key Operating Metrics that may be realized city-wide.

The proposed master subscription agreement with Workday (Attachment A) includes three different order forms for (1) subscription rights, (2) training/library access, and (3) Workday Launch Implementation.

Workday’s order form for subscription rights establishes a 10-year term with a final negotiated contract amount of $2,760,179. This long-term agreement will provide predictable costs for the Workday software subscription, resulting in savings for the City over the 10 years. Although the City does not typically enter into 10-year agreements with vendors, purchasing a new cloudbased ERP system is a time-intensive project that requires a substantial upfront investment.

Cloud-based ERP systems like Workday are better suited for long-term contracts compared to older on-premises systems, which would require significant reinvestments in hardware and software upgrades approximately every five years. With Workday, the required semi-annual updates are included in the subscription, ensuring the City always has the most up-to-date version of the software.

The implementation of Workday will be comprehensive, covering both HR and Finance components. It will include data transformation and conversion, configuration, third-party system integration, reporting, absence and benefits management, time tracking, payroll, core financials, procurement, planning and budgeting, and projects and grant management.

Workday Launch Implementation: During the contract term, Workday will provide, for a fixed price based on the agreed-upon scope, professional services for the implementation of the Workday ERP system over two phases. The first phase would cover Human Capital Management, while the second phase will cover Financials, Planning, Procurement, and Grant Management. Staff is also seeking to contract with a third-party consultant to prepare for the implementation, increasing the potential for early success. The table below summarizes the anticipated timeline for the implementation phases.

Start Date Go Live End Post-Production Support
Phase 1 January 13, 2025 December 19, 2025 January 30, 2026 Phase 2 September 20, 2025 June 30, 2026 July 31, 2026
During the implementation of ERP systems, it is not uncommon for situations to arise or new facts to come to light that require a change in the scope of the project. As a result, staff recommends a contingency of $305,266 (10%).

The Workday ERP system does not include a cashiering system, as most large cities have utility billing systems or other specialized systems, making this redundant. Therefore, staff has begun demonstrations to address this need. The efficiencies a Point of Sale (POS) system can be recognized immediately in our current system, so we will begin that transition upon selection. 93 City of Palm Desert
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Legal Review:

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

FINANCIAL IMPACT:

Funds in the amount of $1,594,580 were appropriated during the 2024-25 Budget process for implementation based on initial estimates. Revised costs of implementation, training, support, and a 10% contingency for unforeseen circumstances and/or related auxiliary services now total $1,987,933. Therefore, an additional appropriation of $393,353 will be necessary from unobligated General Fund reserves.

The annual software license fee is comparable to other recent innovative cloud-based technologies like Clairiti, which has an annual fee of $299,075. Although it is a jump from our current ERP system cost of $43,866 per year, it aligns with the current costs of other ERP systems in neighboring cities and estimates received through the 2022 RFI process, which averaged $275,000 per year. We will also recognize substantial cost savings, not only in staff time but also in eliminating duplicative shadow systems like Executime, OpenGov, and possibly NeoGov, which have combined annual license fee of $36,351 per year. Funds for the annual license fee are available in the Information Technology Software Subscriptions Account No. 1104190-4362001.

ATTACHMENTS:

1. Workday Order Form

2. Master Service Agreement

3. Professional Service Agreement

4. Workday Service Level Availability Policy

5. Workday Functional Capabilities Assessment Results
Component Year 1 Year 2 Year 3 Years 4-10 Total
Training/Library 113,950 113,950
Launch Implementation 564,421 987,736 141,105 1,693,262 Total 678,371 987,736 141,105 - 1,807,212
10% Implementation Contingency 67,837 98,774 14,111 180,721 Total Amount Needed 746,208 1,086,510 155,216 - 1,987,933 Annual Subscription 251,125 251,125 282,241 1,975,688 2,760,179 Implementation Period
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Note: Before reviewing the MSA terms, please review our FAQ at this link:
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UNIVERSAL MAIN SUBSCRIPTION AGREEMENT
This Universal Main Subscription Agreement (“MSA”) is between the Workday entity identified on the Signature Document or Order Form (“Workday”) and the legal entity signing the Signature Document or Order Form referencing the Agreement (“Customer”). The parties agree as follows:

1. Provision of Service. Workday shall make the Service available to Customer for use by Customer, its Affiliates and Authorized Parties for whom Customer enables access solely for the internal business purposes of Customer and its Affiliates, subject to this Agreement.

1.1 Invoices & Payment. All fees will be electronically invoiced to the Customer identified on the Order Form. All fees will be due and payable within 30 days of the invoice date, except fees subject to a reasonable and good faith dispute. Workday shall email invoices to Customer within 2 business days of the date of the invoice. Customer shall provide Workday with complete and accurate billing contact information including a valid email address. Upon Workday’s request, Customer shall make payments via electronic bank transfer. Except for a termination or refund in accordance with Section 7 (Indemnification) or Section

9.1 (Termination), all Order Forms are non-cancellable and all payments are non-refundable. Customer may not withhold, reduce, or set-off fees owed under this Agreement.

1.2 Suspension for Non-Payment. Except for fees subject to a reasonable and good faith dispute, if a payment is more than 90 days past due and Workday has provided at least 30 days’ written notice to Customer, Workday may suspend the Service, without liability to Customer, until such amounts are paid in full.

1.3 Taxes. Fees invoiced pursuant to this Agreement do not include, and may not be reduced to account for, any taxes, which may include local, state, provincial, federal or foreign taxes, withholding taxes, levies, duties or similar governmental assessments of any nature, including, but not limited to, value-added taxes, excise, use, goods and services taxes, consumption taxes or similar taxes (collectively “Taxes”).

Customer shall pay all Taxes imposed on the Service or any other services provided under this Agreement.

If Workday has a legal obligation to pay or collect Taxes for which Customer is responsible under this Agreement, the appropriate amount will be computed based on Customer’s address listed in the Signature Document or Order Form for this Agreement which will be used as the ship-to address on the Order Form, and invoiced to and paid by Customer, unless Customer provides Workday with a valid tax exemption certificate authorized by the appropriate taxing authority to [email protected].

2. Customer Obligations. Customer shall have sole responsibility for (a) the accuracy, quality, and legality of all Customer Content, (b) any Non-Workday Content it installs, uses, or enables; (c) obtaining and verifying it has all authorizations, consents, and rights necessary to use the Service; (d) taking commercially reasonable efforts to prevent unauthorized access to, or use of, the Service, and shall notify Workday promptly of any unauthorized access or use; and (e) ensuring compliance with the Agreement and the AUP by its Affiliates and Authorized Parties, and any breach by its Affiliates or Authorized Parties will be deemed a breach by Customer. Customer shall not: (1) use the Service in violation of Laws or the Documentation; (2) in connection with the Service, send or store infringing, obscene, threatening, or otherwise unlawful or tortious material, including material that violates privacy rights; (3) knowingly send or store Malicious Code in connection with the Service; (4) knowingly interfere with or disrupt performance of the Service or the data contained therein; or (5) attempt to gain access to the Service or its related systems or networks in a manner not set forth in the Documentation. During the applicable subscription Term, Workday reserves the right to suspend Customer’s access to an applicable Service in the event Workday reasonably determines such action is necessary to preserve the integrity and/or security of such Service or if Workday in good faith reasonably determines that Customer has violated the AUP; however, Workday will use commercially reasonable efforts under the circumstances to provide Customer with an opportunity to remedy such violation or threat prior to such suspension. Workday will use commercially reasonable efforts to minimize the length and scope of suspension in light of the circumstances. 107
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3. Proprietary Rights.
(a) Customer Ownership. As between Workday and Customer, Customer owns all right, title and interest to its Customer Content. Workday shall have the right to only use Customer Content to provide the Service (including Improvements), subject to this Agreement.
(b) Workday Ownership. As between Customer, Workday, and Workday’s licensors, Workday or its licensors own all right, title and interest to the Service (including any third-party content Workday makes available through the Service) and Documentation, including all related Intellectual Property Rights. (c) Customer Input. Customer hereby grants Workday a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into its services any Customer Input.

Workday will have no obligation to make Customer Input an Improvement. Customer will have no obligation to provide Customer Input.

3.1 Restrictions. Customer shall not (a) modify, copy, or create derivative works based on the Service or Documentation; (b) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make the Service or Documentation available to any third party other than to Authorized Parties as permitted herein; (c) reverse engineer or decompile any portion of the Service or Documentation, including but not limited to, any software utilized by Workday in the provision of the Service and Documentation, except to the extent required by Law; (d) access the Service or Documentation in order to build any commercially available product or service; or (e) copy any features, functions, integrations, interfaces or graphics of the Service or Documentation. Notwithstanding item (e), the Customer may make a reasonable number of copies of the Documentation for internal business purposes only.

4. Confidentiality. Each party (the “Recipient”) shall use the same degree of care that it uses to protect its own confidential information of like kind (but in no event using less than a reasonable standard of care) not to disclose or use any Confidential Information of the other party (the “Discloser”) except as reasonably necessary to perform the Recipient’s obligations or to exercise the Recipient’s rights under this Agreement or with the Discloser's prior written permission. For purposes of clarification, this Section 4 also applies to Confidential Information either party or its Affiliates shares with the other party or its Affiliates related to potential future subscription services. Either party may disclose Confidential Information on a need to know basis to its Affiliates, advisors, contractors and service providers, including third party submission tools or online portal providers required by the Recipient for internal business purposes (“Representatives”), who are bound by confidentiality obligations at least as restrictive as those in this section. The Recipient shall be responsible for any acts or omission of its Representatives with respect to protection of the Discloser’s Confidential Information. The parties agree that (a) the Recipient’s or its Representatives’ online portal terms conflicting with the terms of this Section 4 shall not be binding on the Discloser submitting its Confidential Information to the Recipient through the Recipient’s or its Representative’s online portal, (b) this Section 4 applies to all such Confidential Information disclosed to the Recipient through such online portals; and (c) the Recipient’s or its Representatives’ online portal terms conflicting with the terms of this Section 4 are superseded by this Agreement with respect to confidentiality obligations. To the extent required by Law, the Recipient’s disclosure of the Discloser’s Confidential Information will not be considered a breach of this Agreement if the Recipient promptly provides Discloser with prior notice of such disclosure (to the extent legally permitted) and reasonable assistance, at the Discloser’s cost, if the Discloser wishes to contest the disclosure. The Discloser may seek injunctive relief to enjoin any breach or threatened breach of this section, it being acknowledged by the parties that other remedies may be inadequate.

5. Protection and Security of Customer Content and Privacy.

5.1 Security Program and Audit Reports. Workday maintains a security program that conforms to the Workday Security Exhibit and Audit Reports (as set forth in the applicable Product Terms). Through Workday’s customer self-service systems or upon Customer’s written request, Workday shall make available to Customer Workday’s then-current Audit Reports for the applicable Service application to enable Customer to verify Workday’s compliance with its obligations under this Agreement. Audit Reports 108
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constitute Workday’s Confidential Information and are subject to the confidentiality terms in this Agreement or separate confidentiality agreement terms (as applicable).

5.2 Privacy. Personal Data will only be processed in accordance with the Data Processing Exhibit.

5.3 Unauthorized Disclosure. If either party becomes aware of a Security Breach, that party must promptly notify the other party, unless legally prohibited from doing so, within 48 hours or any shorter period required by Law except that Customer is not required to notify Workday unless Customer reasonably determines there is a threat to the Service. Additionally, each party shall reasonably assist the other party in mitigating any potential damage. As soon as reasonably practicable after any Security Breach, Workday shall conduct a root cause analysis and, upon request, shall share the results of its analysis and its remediation plan with Customer. Unless prohibited by Law, each party shall provide the other party with reasonable notice of and the opportunity to review and comment on the content of all public notices, filings, or press releases about a Security Breach that identify the other party by name prior to any such publication.

6. Warranties. Each party warrants that it has the authority to enter into this Agreement and, in connection with its performance of this Agreement, shall comply with all Laws. Workday warrants that during the applicable subscription Order Form term: (a) the overall Service (1) will not be materially decreased; and (2) will perform materially in accordance with the feature descriptions in the Documentation; and (b) to the best of Workday’s knowledge, the Service does not contain, and Workday will not knowingly introduce, any Malicious Code (collectively, the “Service Warranty”). Customer shall use commercially reasonable efforts to notify Workday in writing no later than 30 days after identifying a deficiency, but Customer’s failure to notify Workday within that period will not affect Customer’s right to receive warranty remedies unless Workday is impaired in its ability to correct the deficiency due to Customer’s failure to notify. Notice of breaches of the warranty under item (2) must be made through Workday’s then-current error reporting system; notices of breaches of any other warranty must be made in writing to Workday in accordance with the notice provisions of this MSA. The Customer’s exclusive remedy and Workday’s sole liability for breach of the Service Warranty are those described in Section 9.1 for the affected Service.

6.1 DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORKDAY MAKES NO WARRANTIES OF

ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY

DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WORKDAY DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED. THE LIMITED WARRANTIES PROVIDED IN THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED TO THE CUSTOMER.

7. Indemnification.

7.1 Workday Indemnity. Workday shall defend Customer, at Workday’s expense, against any thirdparty Claim brought against Customer alleging that the use of the Service as contemplated hereunder infringes that third party’s Intellectual Property Rights and shall indemnify and hold Customer harmless against any Losses arising from such third-party Claim. Workday will have no liability for Claims or Losses to the extent they arise from: (a) modification of the Service by anyone other than Workday; (b) use of the Service in a manner inconsistent with the Documentation or in violation of this Agreement; or (c) use of the Service in combination with any other product or service not provided by Workday. If Customer is enjoined from using the Service or if Workday reasonably believes it will be enjoined, Workday may, at its sole option, obtain for Customer the right to continue use of the Service or replace or modify the Service so that it is no longer infringing. If neither of the foregoing options is reasonably available to Workday, then either party may terminate the applicable Service and Workday’s sole liability, in addition to the indemnification obligations in this section, will be to refund any prepaid Subscription Fees for the Service that was to be provided after the effective date of termination.

7.2 Customer Indemnity. Customer shall defend Workday, at Customer’s expense, from any thirdparty Claim against Workday arising from: (a) Customer Content; (b) data submitted by Customer, its Affiliates or its Authorized Parties pursuant to its use of the Service as contemplated under this Agreement, infringes or misappropriates such third-party’s Intellectual Property Rights; or (c) violations by Customer, its 109
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Affiliates or Authorized Parties of the AUP, and Customer shall indemnify and hold Workday harmless against any Losses relating to such third party Claim.

7.3 Conditions. The indemnitor’s obligations in Sections 7.1 and 7.2 are conditioned on the indemnitee: (a) promptly giving written notice of the third party Claim to the indemnitor (although a delay of notice will not relieve the indemnitor of its obligations under this section except to the extent that the indemnitor is prejudiced by such delay); (b) giving the indemnitor sole control of the defense and settlement of the third party Claim (although indemnitor may not settle any third party Claim unless it unconditionally releases indemnitee of all liability); and (c) providing to the indemnitor, at the indemnitor’s cost, all reasonable assistance. Sections 7.1 through 7.3 state each indemnitee’s exclusive remedies and the indemnitor’s sole obligations related to the subject matter of these sections.

8. Limitation of Liability.

8.1. LIMITATION OF LIABILITY. EXCEPT WITH RESPECT TO (A) DAMAGES CAUSED BY GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, (B) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, (C) CUSTOMER’S PAYMENT OBLIGATIONS AND (D) WORKDAY’S REMEDIATION OBLIGATIONS IN SECTION 8.3, THE FOLLOWING LIMITATION OF LIABILITY CAPS SHALL APPLY: IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES’ TOTAL

AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN

CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES PAID OR PAYABLE UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING 12-MONTH PERIOD FOR THE SERVICE FROM WHICH THE CLAIM AROSE (“GENERAL CAP”), EXCEPT THAT FOR BREACH OF EITHER PARTY’S CONFIDENTIALITY, SECURITY, OR PRIVACY OBLIGATIONS, THE BREACHING PARTY’S

TOTAL AGGREGATE LIABILITY WILL BE INCREASED TO FEES PAID OR PAYABLE UNDER THE AGREEMENT DURING THE IMMEDIATELY PRECEDING 24-MONTH PERIOD FOR THE SERVICE FROM WHICH THE CLAIM AROSE (“ENHANCED CAP”).

8.2 EXCLUSION OF DAMAGES. EXCEPT FOR EITHER PARTY’S INDEMNIFICATION

OBLIGATIONS UNDER THIS AGREEMENT AND THE DIRECT DAMAGES IDENTIFIED IN SECTION

8.4, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE LIABILITY FOR LOST PROFITS

OR REVENUES, LOSS OF USE OR DATA, BUSINESS INTERRUPTION, OR INDIRECT, SPECIAL,

INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR COVER DAMAGES, HOWEVER CAUSED, WHETHER

IN CONTRACT, TORT OR OTHERWISE, EVEN IF THE PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSIONS IN THIS SECTION WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. CUSTOMER’S PAYMENT OBLIGATIONS WILL NOT BE CONSIDERED WORKDAY’S LOST PROFITS.

8.3 Workday Remediation Obligations. If unauthorized disclosure of or access to Personal Data is caused by Workday’s breach of its security, privacy, or data protection obligations under this Agreement, Workday shall pay the reasonable and documented costs incurred by Customer in connection with the following items: (a) costs of any required forensic investigation to determine the cause of the breach; (b) providing notification of the security breach to applicable government and relevant industry self-regulatory agencies, to the media (if required by applicable Law) and to individuals whose Personal Data have been disclosed or accessed (“Affected Individuals”); (c) providing a credit monitoring service to Affected Individuals who elect to receive it for a period of one year after the date on which such individuals were notified of the unauthorized disclosure or access, and (d) operating a call center to respond to questions from Affected Individuals for a period of one year after the date on which such individuals were notified of the unauthorized disclosure or access. Notwithstanding the foregoing, or anything in the Agreement to the contrary, Workday will have no responsibility to pay costs of remediation to the extent they are due to gross negligence, willful misconduct or fraud by Customer or its employees, agents or contractors or Authorized Parties.

8.4. Direct Damages. Subject to Section 8.1, and notwithstanding Section 8.2, if either party breaches its obligations under this Agreement, the following will be considered direct damages: (a) amounts paid to affected third parties as damages or settlements in response to Claims arising from the breach; (b) amounts paid for fines and penalties imposed by any governmental authority arising from the breach; and (c) reasonable legal fees to defend against third-party Claims arising from the breach. 110
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9. Term. The term of the Agreement commences on and continues from the Effective Date (as defined in the Signature Document) until all Order Forms have expired or otherwise been terminated, unless extended pursuant to the written agreement of the parties (“Term”). Subscriptions to the Service commence on the date and are for the period set forth in the applicable Order Form.

9.1 Termination. Either party may terminate the Agreement: (a) upon 30 days’ prior written notice to the other party for a material breach by the other party if such breach remains uncured at the expiration of such notice period; or (b) to the extent permitted by Law, immediately in the event the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. For clarity, (1) Customer shall have the right to terminate the affected Service for a breach of Service Warranty pursuant to Section 9.1(a) above; and (2) a breach or termination of any PSA or SOW will not be considered a material breach or termination of this Agreement. If the Agreement is terminated, all Order Forms are simultaneously terminated and Customer shall, as of the date of any termination, immediately cease accessing and otherwise utilizing the Service (except as permitted under Sections 9.2 and 9.3) and Workday Confidential Information. Upon termination by Customer pursuant to this section, Workday shall refund Customer any prepaid Subscription Fees for the affected Service that was to be provided after the effective date of termination. Termination for any reason will not relieve Customer of the obligation to pay any Subscription Fees accrued or due and payable to Workday prior to the effective date of termination and termination for any reason other than for uncured material breach by Workday or as otherwise stated in this Agreement will not relieve Customer of the obligation to pay all future amounts due under all Order Forms.

9.2 Retrieval of Customer Content. Upon Customer’s written request made on or prior to expiration or termination of the Agreement (including any Transition Period), Workday shall give Customer limited access to the Service for a period of up to 60 days, at no additional cost, solely for purposes of retrieving Customer Content (“Retrieval Period”). After such Retrieval Period (or if no Retrieval Period, after termination or expiration of the Agreement or Order Form) and subject to Workday’s legal obligations, Workday has no obligation to maintain or provide any Customer Content and shall, unless legally prohibited, delete Customer Content by deleting the Customer’s applicable Instance; provided, however, that Workday will not be required to remove copies of the Customer Content from its backup media and servers until such time as the backup copies are scheduled to be deleted, provided further that in all cases Workday shall continue to protect the Customer Content in accordance with the Agreement. Customer Content will be made available for retrieval through extraction in a machine readable format as described in the Documentation.

9.3 Transition Period Before Final Termination. If this Agreement is terminated and Customer submits a written request to Workday prior to any such termination for a one-time transition period, Workday shall continue to provide the Service for up to 3 months after the effective date of such termination (the “Transition Period”). Monthly fees for the Transition Period will be 1/12 of the immediately preceding twelve-month period plus an additional 5%. If Customer requests transition assistance during the Transition Period, Workday shall provide consulting cooperation and assistance regarding the Service as set forth in a statement of work, governed by a professional services agreement, at Workday’s then-current rates for consulting services unless a different rate is mutually agreed upon by the parties. Notwithstanding the foregoing, if Workday is enjoined from performing, or termination of the Agreement was due to Customer’s breach, Workday has no obligation to perform under this section unless it receives (a) payment of all fees not subject to reasonable and good faith dispute, (b) prepayment of fees for further services, and (c) certification of ongoing compliance with the terms of this Agreement during the Transition Period.

9.4 Surviving Provisions. Sections 1.1, 3, 4, 5 (for so long as Workday retains Customer Content),

6.1, 7, 8, 9.2, 9.3, 9.4, 10 (except 10.2 and 10.10), and 11 will survive any termination or expiration of this Agreement.

10. General Provisions.

10.1 Relationship of the Parties. The parties are independent contractors. This Agreement does not create nor is it intended to create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to the Agreement. 111
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10.2 Insurance. Workday shall maintain, at its own expense, the types of insurance coverage specified below, on standard policy forms and with insurance companies with at least an A.M. Best Rating of A-VII at the time of policy inception. Upon Customer’s written request, Workday shall provide a certificate of insurance evidencing the following coverages: (a) Workers’ Compensation insurance prescribed by applicable local law and Employers Liability insurance with limits not less than $1,000,000 per accident/per employee. This policy shall include a waiver of subrogation against Customer, except for those monopolistic states that do not allow it; (b) Commercial General Liability insurance including Contractual Liability Coverage, with coverage for products liability, completed operations, property damage and bodily injury, including death, with an aggregate limit of no less than $2,000,000. This policy shall include Customer under a blanket additional insured endorsement with respect to the provision of services provided under this Agreement; and (c) Technology Professional Liability Errors & Omissions policy (which includes Cyber Risk coverage and Computer Security and Privacy Liability coverage) with a limit of no less than $10,000,000 per occurrence and in the aggregate. Limits for Employers Liability and Commercial General Liability may be achieved through a combination of primary and excess liability/umbrella policies to reach the level of coverage shown above. Should any of the above described policies be canceled before the expiration date thereof, notice will be delivered to Workday in accordance with policy provisions.

10.3 Notices. Unless expressly stated otherwise, all notices under this Agreement must be in writing and will be deemed to have been given upon: (a) personal delivery; and (b) the third business day after first class mailing. Notices to Workday must be sent to the address shown in the Signature Document addressed to the attention of its Legal Department with a copy sent by email to [email protected]. Notices to Customer must be sent to the address shown in the Signature Document addressed to Customer’s signatory of this Agreement. Each party may modify its recipient of notices by providing notice pursuant to this Agreement.

10.4 Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right or any other right. Other than as expressly stated, the remedies provided in this Agreement are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

10.5 Force Majeure. Neither party will be liable for any failure or delay in performance under this Agreement caused by unforeseeable events beyond that party’s control and where the failure or delay is through no fault of the affected party and could not have been reasonably avoided (“Force Majeure”).

Dates by which performance obligations are scheduled to be met will be extended for a period equal to the time lost due to any delay so caused, provided that notice of the Force Majeure event is given in writing within 15 days after the Force Majeure event begins. Such notice shall identify the nature of the Force Majeure event, its expected duration and the probable impact on the performance of the affected party’s obligations.

10.6 Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (which consent must not be unreasonably withheld or delayed). Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all Order Forms) upon written notice without consent of the other party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets so long as the assignee: (a) is an entity registered in a territory in which Workday is approved to provide the Service; and (b) agrees to be bound in writing by all of the terms of this Agreement and all past due Subscription Fees are paid in full. Any attempt by a party to assign its rights or obligations under this Agreement other than as permitted by this section will be void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

10.7 Governing Law; Waiver of Jury Trial. This Agreement, and all Claims relating to or arising from this Agreement, are governed exclusively by laws of the State of New York, without regard to its conflicts of laws rules. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.

10.8 Export. Each party shall comply with the applicable export laws and regulations of the United States and other applicable jurisdictions in providing and using the Service. Without limiting the generality of the foregoing, Customer shall not make the Service available to any person or entity that: (a) is located 112
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in a country that is subject to a U.S. government embargo; (b) is listed on any U.S. government list of prohibited or restricted parties; or (c) is engaged in activities directly or indirectly related to proliferation of weapons of mass destruction.

10.9 Anti-Corruption. Each party shall comply with all applicable anti-corruption Laws, in relation to this Agreement. Each party agrees that it will not offer to pay or give anything of value to anyone, including foreign governmental officials or related persons or entities on either party’s behalf to corruptly: (a) influence any official act or decision; (b) secure any improper advantage; (c) obtain or retain business, or direct business to any person or entity; or (d) for the purpose of inducing or rewarding any favorable action in any matter related to the subject of this Agreement or the business of either party. Each party further agrees to keep accurate books and records in relation to this Agreement. Each party further agrees to cooperate with the other party in any anti-corruption due diligence process and/or investigation in relation to this Agreement.

10.10 Federal Government End Use Provisions (if applicable). Workday provides the pre-existing, commercial Service, including related software and technology, for federal government end use solely in accordance with the terms and conditions of this Agreement, and Workday provides only the technical data and rights as provided herein. If a government agency has a “need for” rights not conveyed under these terms, it must negotiate with Workday to determine whether there are acceptable terms for transferring additional rights. A mutually acceptable addendum specifically conveying such rights must be executed by the parties in order to convey such rights beyond those set forth herein. For avoidance of doubt, Workday does not currently provide the Service for use in furtherance of a federal prime or subcontract.

10.11 Local Law Requirements: Canada. With respect to Customers domiciled in Canada, the following provisions shall apply:
(a) Choice of Language. The parties accept that the terms of this Agreement be drafted in English. Les parties acceptent que les conditions des présentes soient rédigées en anglais. (b) Gross Negligence. “Gross Negligence” means any act or failure to act in breach of a duty of care that was intended to cause harm, which rises to the level of intentional wrongdoing, or was reckless in regard of or wanton indifference to the harmful and foreseeable consequences of such act or failure to act but does not include an act or failure to act that constituted merely a lack of due care (or a contractual breach alone).

10.12 Workday SLA Service Credits. If, in any rolling six-month period, Workday fails to meet the monthly commitments for Service Availability or Service Response (as applicable) described in the applicable Product Terms SLA (a “Failure”), Customer may request the following remedies no later than 30 days after the applicable Failure occurs: (a) a meeting to discuss possible corrective actions for the first Failure; (b) a 10% Service Credit for a second Failure; (c) a 20% Service Credit for a third Failure; and (d) a 30% Service Credit for a fourth Failure. In this Agreement, “Service Credit'' means a credit equal to the stated percentage of the applicable monthly Subscription Fee for the affected Service. Workday shall deduct the highest applicable Service Credit from the next invoice for Subscription Fees or, if there is no subsequent invoice, shall refund the Service Credit to the Customer. The remedies in this section are the Customer’s exclusive remedies for any Failure.

10.13 Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. In the event of a conflict, the provisions of an Order Form will take precedence over provisions of this MSA and over any other exhibit or attachment. Customer acknowledges that it has had the opportunity to review all exhibits and attachments hereto. This Agreement supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter and is entered into without reliance on any promise or representation other than those expressly contained in this Agreement. Except as otherwise stated in the Agreement, no modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect. Notwithstanding anything to the contrary in this Agreement, no terms or conditions in a Customer purchase order or in any other Customer order 113
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documentation will be incorporated into or form any part of this Agreement, and all such terms or conditions will be null and void. Purchase orders are for administrative convenience only and Workday may issue an invoice and collect payment without a corresponding purchase order. Customer’s failure or delay to issue a purchase order shall not extend the payment due date. If a purchase order is required, it must be sent by email to [email protected] 10 business days prior to the date the invoice is issued in order to be included on the related invoice. This Agreement may be executed in counterparts and/or by electronic signatures.

11. Definitions.

The following definitions shall apply to this Agreement. “Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control by either party. For purposes of the preceding sentence, “control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity. “Agreement” means this Main Subscription Agreement, including the SLA, Security Exhibit, Data Processing Exhibit, Business Associate Exhibit, and any other exhibits, addenda, or attachments hereto, and any fully executed Order Form.
“Audit Reports” means the (a) most recently completed security audit reports and (b) other security relevant assessment reports and certifications for the applicable Service (as identified in the Product Terms) that are prepared by Workday’s independent third party audit or obtained by Workday from other independent third parties, which may be updated by Workday from time to time. No update will materially decrease the protections provided by the controls set forth in the applicable Audit Report during the Term. “AUP” means the acceptable use policy for the applicable Service located at https://www.workday.com/enus/legal/universal-contract-terms-and-conditions/index.html. “Authorized Parties” means Customer’s or an Affiliate’s workers and third party providers who are authorized by Customer (a) in writing, (b) through the Service’s security designation, or (c) by system integration or other data exchange process to access Customer’s Instance or receive Customer Content. “Claim” means a claim, demand, lawsuit or other legal proceeding brought against a party to this Agreement.
“Confidential Information” means (a) any software utilized by Workday in the provision of the Service and its respective source code; (b) Customer Content; (c) each party’s business or technical information, including but not limited to the Documentation, training materials, any information relating to software plans, designs, costs, prices and names, finances, marketing plans, business opportunities, personnel, research, development or know-how and other significant and valuable business information that would otherwise be considered to be trade secrets under Law, that is designated by the disclosing party as “confidential” or “proprietary” or the receiving party knows or should reasonably know is confidential or proprietary; and (d) the negotiated terms, conditions and pricing of this Agreement (but not its existence or parties). Confidential Information does not include any information that, without the Recipient’s breach of an obligation owed to the Discloser: (1) is or becomes generally known to the public; (2) was known to Recipient prior to disclosure by Discloser; (3) was independently developed by Recipient; or (4) is received by Recipient from a third party. Customer Content will not be subject to the exclusions set forth in this definition. “Customer Content” means electronic data or information submitted to the Service by Customer or Authorized Parties.
“Customer Input” means suggestions, enhancement requests, recommendations or other feedback provided by Customer, its users and/or Authorized Parties relating to the operation or functionality of the Service.
“Data Processing Exhibit” or “DPE” means the Universal Data Processing Exhibit located at ***********.workday.com/en-us/legal/universal-contract-terms-and-conditions/index.html, which may be updated by Workday from time to time to comply with applicable Data Protection Laws applicable to Workday as a Data Processor. No update will materially decrease Workday’s Data Processor obligations under the DPE.
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“Documentation” means the then-current version of the Workday electronic Administrator Guide for the applicable Service application, which may be updated by Workday from time to time. “Enhanced Features” shall have the same meaning as set forth in the applicable Product Terms. “Improvements” means all improvements (including verification of such improvements), updates, enhancements (including Enhanced Features), error corrections, bug fixes, prevention of or addressing service or technical problems, release notes, upgrades and changes to the Service and Documentation, as developed by Workday and made generally available for Production use without a separate charge to Customers.
“Instance” means a unique instance of the Service, with a separate set of Customer Content held by Workday in a logically separated database (i.e., a database segregated through password-controlled access).
“Intellectual Property Rights” means any and all common law, statutory and other industrial property rights and intellectual property rights, including copyrights, trademarks, trade secrets, patents and other proprietary rights issued, honored or enforceable under any applicable laws anywhere in the world, and all moral rights related thereto.
“Law” means any local, state, national and/or foreign law, treaties, and/or regulations applicable to the respective party.
“Loss” means reasonable attorneys’ fees and any damages or costs finally awarded or entered into in settlement of a Claim.
“Malicious Code” means viruses, worms, time bombs, Trojan horses and other malicious code, files, scripts, agents or programs.
“Non-Workday Content” means a third-party product, web-based, offline, mobile, or other software application functionality or other content that is provided by Customer or a third party and interoperates with a Workday Service application.
“Order Form” means the fully executed ordering document (including Product Terms) under which Customer subscribes to Service application(s) or other services. Order Forms do not include the terms of any preprinted terms on a Customer purchase order or other terms on a purchase order that are additional or inconsistent with the terms of this Agreement.
“Personal Data” has the definition set forth in the DPE. “Product Terms” means the product terms for a specific Service application as identified via URL in or attached to the subscription Order Form, which may be updated by Workday from time to time; provided that no update will materially decrease the applicable security and privacy commitments and any such changes will not become effective until 30 days after publication of the updated Product Terms. “Production” means the Customer’s use of or Workday’s written verification of the availability of the Service (a) to administer its users (as identified in the applicable subscription Order Form); (b) to generate data for Customer’s books/records; or (c) in any decision support capacity. Production does not include sandbox, preview, or implementation Instance.
“PSA” means the optional, separate, and independent professional services agreement between Customer and Workday related to Workday’s provision of implementation and other consulting services to Customer, subject to a statement of work (“SOW”).
“Security Breach” means (a) any actual or reasonably suspected unauthorized use of, loss of, access to or disclosure of, Customer Content; provided that an incidental disclosure of Customer Content to an Authorized Party or Workday, or incidental access to Customer Content by an Authorized Party or Workday, where no reasonable suspicion exists that such disclosure or access involves theft, or is fraudulent, criminal or malicious in nature, shall not be considered a “Security Breach” for purposes of this definition, unless such incidental disclosure or incidental access triggers a notification obligation under any Law; (b) any Personal Data Breach as defined in the DPE; and (c) any security breach (or substantially similar term) as defined by Law affecting Customer Content.
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“Security Exhibit” means the Universal Security Exhibit located at https://www.workday.com/enus/legal/universal-contract-terms-and-conditions/index.html, which may be updated by Workday from time to time. No update will materially decrease the protections provided by the controls set forth in the Security Exhibit during the Term.
“Service” means the applicable Workday software-as-a-service application and Improvements (as described in the Documentation and Product Terms) as subscribed to under an Order Form. For purposes of clarification, Service excludes professional services, support services, training services, and NonWorkday Content. “Signature Document” means the document signed by the parties which lists all the terms and conditions forming part of this Agreement to which the parties agree to be bound. “SLA” means the Production support and service level availability policy for the Service application(s) identified in the applicable Product Terms, which may be updated by Workday from time to time. No update will materially decrease Workday’s responsibilities under the SLA. “Subscription Fees” means all amounts invoiced and payable by Customer for the applicable Service under an Order Form.
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This Professional Services Agreement (“PSA”) is between the Workday entity identified on the Signature Document (“Workday”) and the legal entity signing the Signature Document referencing this PSA (“Customer”). The parties agree as follows:

1. Terms of the MSA. This PSA incorporates the terms and conditions of the MSA and modifies certain of them to apply to Workday’s provision of Professional Services to Customer; however, this PSA is a separate and independent agreement and does not replace, modify, or amend the Agreement in any way. Capitalized terms used in this PSA that are not defined herein have the same meaning as set forth in the MSA. In the event of a conflict between any SOW, this PSA, and the MSA, the following order of precedence will control: (a) the SOW, (b) this PSA, and (c) the terms as stated in the MSA.

2. Interpretation. For purposes of this PSA and except as provided herein, (a) the terms “MSA” and “Agreement” in the MSA mean this PSA; (b) the term “Service” in the MSA means “Professional Services;” provided that the term “Service” as used in this PSA has the unmodified meaning set forth in the MSA; (c) the term “Order Form” in the MSA means “SOW;” (d) the terms “fees” and “Subscription Fees” in the MSA mean “Professional Services Fees;” (e) the terms “Customer Data” or “Customer Content” in the MSA mean “Professional Services Data;” and (f) the term “Signature Document” in the Tax section of the MSA means “applicable SOW.” Any reference in this PSA to a section title may refer to a similarly titled section. This Section does not apply to the DPE or Business Associate Exhibit. Neither the SLA nor any Service Credits apply to this PSA or to any Professional Services. Other replacement terms are set forth herein.

3. Provision of Professional Services. Workday will provide the Professional Services specified in each SOW. All changes to a SOW, including any changes to the Professional Services Fees, will be described in a mutually agreed document signed by the parties (a “Change Order”).

4. Invoices & Payment. The MSA Section titled “Invoices & Payment” applies to this PSA except that (a) the references to the Indemnification and Termination sections of the MSA refer to the sections in this PSA titled “Warranty, Remedies & Disclaimer,” “Indemnification,” and “Termination;” and (b) except for Professional Services Fees subject to a reasonable and good faith dispute, if a payment is more than 30 days past due and Workday has provided at least 30 days’ written notice to Customer, Workday may suspend the Professional Services, without liability to Customer, until such amounts are paid in full.

5. Customer Obligations. Customer has sole responsibility for (a) obtaining and verifying it has all authorizations, consents, and rights necessary for Workday and its subcontractors to Process Personal Data as reasonably required to perform Workday’s obligations hereunder; (b) the accuracy, quality, and legality of all Professional Services Data provided or made available to Workday to use in performing its obligations hereunder; and (c) ensuring compliance with the PS Agreement by its Affiliates, Authorized Parties, and subcontractors, where any breach of the PS Agreement by any of the foregoing will be deemed to be a breach by Customer. Customer will not use any Workday Property in violation of Laws.

6. Proprietary Rights. The MSA Section titled “Proprietary Rights” applies to this PSA except that:

6.1 the subsection titled “Workday Ownership” is replaced with the following: “(b) Workday Ownership and Customer License. As between Customer, Workday, and Workday’s licensors, Workday or its licensors own all right, title, and interest to the Workday Property.” Workday grants Customer a royalty-free, non-exclusive, nonsublicensable, and non-transferable (except as permitted by the section of the MSA titled “Assignment”) license to use the Workday Property incorporated into any Deliverable and Custom Integration (collectively, “Incorporated Workday IP”) solely for the internal business purposes of Customer and its Affiliates in connection with their authorized use of the Service as set forth in the MSA (the “License”)”; and

6.2 excluding the express rights granted in the License, with respect to any Workday Property, Customer will not engage, directly or indirectly, in any of the activities prohibited in the subsection of the MSA titled “Restrictions.”

7. Warranty, Remedies & Disclaimer. This Section replaces the sections of the MSA titled “Warranties.” Each party warrants that it has the authority to enter into this PSA and, in connection with its performance of this PSA, will comply with all Laws. Workday warrants that: (a) it will perform the Professional Services with reasonable skill and care, and (b) the professional staff it assigns to perform Professional Services will be competent and 117
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properly qualified (the “Professional Services Warranty”). If Workday breaches the Professional Services Warranty, Workday will correct deficiencies at no additional charge to Customer, provided Customer gives Workday written notice of any deficiencies within thirty (30) days of delivery by Workday. If Workday is unable to correct the deficiencies after good faith efforts and at a commercially reasonable cost, Workday will refund Customer prorated amounts paid for the defective portion. The Section of the MSA titled “Disclaimer” applies to this PSA, subject to Section 2 (Interpretation). In addition, Workday does not warrant that any of the Professional Services or Deliverables provided will be error free or uninterrupted. Customer’s exclusive remedy and Workday’s sole liability for breach of the Professional Services Warranty are described in this Section.

8. Use of Subcontractors. In the course of providing the Professional Services, Workday is permitted to subcontract to any Workday Affiliate(s) and/or third parties (“Subcontractors”). Workday will be responsible for the acts and omissions of any Subcontractor in connection with its performance hereunder to the same extent as if the acts and omissions were performed by Workday. Customer agrees that Workday is permitted to provide any information to the applicable Subcontractors that is necessary to provide and administer the Professional Services.

The terms of the DPE apply to Subcontractors to the extent they process Personal Data. Such Subcontractors are referred to in the DPE as “Subprocessors.” The Subprocessor List (currently located at ***********.workday.com/en-us/legal/subprocessors.html) identifies Workday’s Subprocessors as of the most recent update thereto.

Protection and Security of Professional Services Data. For purposes of this PSA, the section of the MSA titled “Unauthorized Disclosure” applies to Professional Services Data processed by Workday in providing Professional Services. The relevant terms of the Security Exhibit and DPE apply to this PSA. If Customer’s DPE or Security Exhibit does not expressly cover Professional Services Data, “DPE” will mean the UDPE, and “Security Exhibit” has the meaning set forth below.

9. Indemnification.

10.1 The provisions of the MSA specifying Workday’s indemnification obligations apply to this PSA as follows:
(a) “Deliverable” replaces “Service;” (b) without limiting the exclusions to indemnification set forth in the MSA, Workday will not be required to indemnify to the extent the Claim arising from information or requirements furnished by Customer; and (c) Customer’s remedy for Workday’s infringement is that if Customer is prevented from using a Deliverable, or Workday reasonably believes it will be prevented, Workday may, at its sole option and sole liability, and as Customer’s sole remedy, (i) obtain for Customer the right to continue to use the Deliverable; (ii) replace or modify the Deliverable so that it is no longer infringing; or (iii) if neither of the foregoing options is reasonably available to Workday, it will refund any fees paid by Customer for such Deliverable, and either party may terminate the applicable SOW or this PSA.

10.2 Any obligations of Customer to indemnify Workday under the MSA apply to this PSA with respect to any third party Claim alleging that Workday’s use as, reasonably required to perform the Professional Services, of any Professional Services Data or other data or material provided to Workday by Customer, its Affiliates, or its Authorized Parties infringes or misappropriates such third-party’s Intellectual Property Rights.

10.3 The terms and conditions of the MSA to obtain indemnification apply to this PSA.

10. Limitation of Liability and Damages. For purposes of this PSA:

11.1 The section of the MSA titled “Limitation of Liability” is replaced by the following section:
“LIMITATION OF LIABILITY. SUBJECT TO THE EXCEPTIONS TO THE LIMITATION OF LIABILITY SET FORTH IN THE MSA, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES’ TOTAL AGGREGATE LIABILITY ARISING

OUT OF OR RELATED TO THIS PSA, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE

PROFESSIONAL SERVICES FEES PAID OR PAYABLE FOR THE PROFESSIONAL SERVICES PERFORMED UNDER THE SOW FROM WHICH THE CLAIM AROSE (“GENERAL CAP”). THE ENHANCED CAP SET FORTH IN THE MSA WILL APPLY (UP TO 24 MONTHS OF SUBSCRIPTION FEES) FOR EITHER PARTY’S BREACH OF ITS SECURITY, PRIVACY, AND/OR CONFIDENTIALITY OBLIGATIONS UNDER THIS PSA; PROVIDED THAT ANY

AND ALL DAMAGES AWARDED TO THE OTHER PARTY UNDER THE ENHANCED CAP OF THIS PSA WILL

DECREASE ON A LIKE FOR LIKE BASIS THE AMOUNT OF DAMAGES AVAILABLE TO SUCH PARTY UNDER THE ENHANCED CAP OF THE MSA.”
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11.2 The section of the MSA titled “Exclusion of Damages,” or “Exclusion” is not superseded by this Section.

11. Term. For purposes of this PSA, this section replaces the section of the MSA titled “Term” or “Term of Agreement.” This PSA is effective from the Effective Date through Term of the MSA unless earlier terminated as provided herein.

12. Termination. For purposes of this PSA, this section replaces the section of the MSA titled “Termination.”

13.1 Unless agreed by the parties in a SOW, Customer may terminate this PSA or any SOW at any time by giving Workday fifteen (15) days prior written notice of termination. Either party may terminate this PSA or any SOW for cause (a) upon 30 days’ prior written notice to the other party for a material breach by the other party if such breach remains uncured at the expiration of such notice period; or (b) to the extent permitted by Law, immediately for the reasons a party may immediately terminate the MSA. If: (i) Customer repeatedly fails to timely perform its obligations under this PSA or such SOW, or (ii) the information provided by Customer to Workday is materially inaccurate or incomplete, Workday may, in good faith, determine that Customer’s breach is material and not capable of cure. In addition, this PSA will terminate automatically upon termination of the MSA. Termination of this PSA automatically terminates all SOWs hereunder, unless expressly agreed by the parties in writing. A SOW may contain additional grounds upon which either party may terminate the SOW.

13.2 Upon termination of this PSA or any SOW, Workday will immediately cease performance of all Professional Services under the terminated document(s) and Customer will pay Workday within thirty (30) days of the effective date of termination for all Professional Services performed by Workday and all T&E incurred under the terminated document(s) up to the effective date of termination. All provisions of this PSA survive any termination or expiration of the MSA and/or this PSA, except for Workday’s obligations to provide Professional Services. If Customer terminates a fixed fee SOW, the unpaid fees for all Professional Services performed up to the date of termination that are not directly covered by any prior invoice or payment will be invoiced on a time and materials basis and no refunds will be provided.

13.3 Notwithstanding any other provision herein to the contrary, no termination or breach of this PSA or any SOW hereunder by either party for any reason will terminate or give either party the right to terminate the MSA or any Order Forms thereto, or the right to seek or collect damages thereunder.

13. Deletion of Professional Services Data. Workday will delete the Professional Services Data by deleting Customer’s files on the File Transfer Server. Workday is not required to remove copies of the Professional Services Data from its backup files until such time as the backup files are scheduled to be deleted and will continue to protect such Professional Services Data in accordance with the MSA until it is deleted.

14. Federal Government End Use Provisions (if applicable). For purposes of this PSA, this Section supersedes and replaces any section of the MSA titled “Federal Government End Use Provisions.” Workday provides Professional Services for federal government end use solely in accordance with the terms and conditions of this PSA, and Workday provides only the technical data and rights as provided herein. If a government agency has a “need for” rights not conveyed under these terms, it must negotiate with Workday to determine whether there are acceptable terms for transferring additional rights. A mutually acceptable addendum specifically conveying such rights must be executed by the parties in order to convey such rights beyond those set forth herein. For avoidance of doubt, Workday does not currently provide Professional Services for use in furtherance of a federal prime or subcontract. All Professional Services provided by Workday hereunder are incidental to the purpose of providing the Service. Additionally, at least 95% of the work performed under this PSA will be performed by employees who are exempt under the Fair Labor Standards Act. For these reasons, neither the Service Contract Act nor its regulations apply to Workday’s performance under this PSA.

15. Canadian Law Requirements.

15.1 Choice of Language. The parties accept that the terms of this PSA be drafted in English. Les parties acceptent que les conditions des présentes soient rédigées en anglais.

15.2 “Gross Negligence” has the meaning set forth in the MSA. 119
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Professional Services Agreement

16. Governing Law and Jurisdiction. This PSA is governed exclusively by the laws of jurisdiction applicable to the MSA. The parties irrevocably submit to the exclusive jurisdiction of the courts or other tribunal specified in the MSA.

17. Definitions.
“Business Associate Exhibit” means the Business Associate Exhibit or Business Associate Agreement (as applicable) between the parties, if any.
“Custom Integration” means any integration or interface between any third party application or service provider and the Service that are developed by (a) Customer or a third party acting on Customer’s behalf pursuant to a separate third party agreement (“Customer-provided Custom Integration”), or (2) Workday pursuant to a SOW (a “Workday-developed Custom Integration”). Custom Integrations are deployed, maintained, and supported by Customer and are not part of the Service.
“Deliverables” means the training, specifications, configurations, implementation, data conversions, workflow, integrations, performance capabilities, and any other activity or document to be provided to Customer by Workday under a SOW.
“File Transfer Server” means a server provided and controlled by Workday using secure file transfer (or successor protocol) to transfer the Professional Services Data between Customer and Workday. “MSA” means the agreement so named or the primary subscription agreement between Customer and Workday or a Workday Affiliate.
“Personal Data Breach,” if not defined in the DPE, means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data. “PS Agreement” means this PSA and any other appendices, exhibits, addenda, or attachments hereto, and any fully executed SOW.
“Professional Services” means the professional services and any Deliverables to be provided by Workday as specified in a SOW.
“Professional Services Data,” if not defined in the DPE, means electronic data or information that is provided to Workday hereunder for the purpose of being input into a Service, or any other Covered Data accessed within or extracted from a Service to perform the Professional Services. “Professional Services Fees” means the amounts to be paid for the Professional Services as set forth in the applicable SOW.
“Security Exhibit” means the Universal Security Exhibit located at https://www.workday.com/en-us/legal/universalcontract-terms-and-conditions/index.html, which may be updated by Workday from time to time. No update will materially decrease the protections provided by the controls set forth in the Security Exhibit during the Term. “SOW” means each separate statement of work fully executed by the parties that refers to this PSA. “UDPE” means Universal Data Processing Exhibit located at https://www.workday.com/en-us/legal/universalcontract-terms-and-conditions/index.html, which may be updated by Workday from time to time to comply with applicable Data Protection Laws applicable to Workday as a Data Processor. No update will materially decrease Workday’s Data Processor obligations under the DPE.
“Workday Property” means the Deliverables and Workday-developed Custom Integrations (excluding Customer Confidential Information contained therein), recommendations, ideas, techniques, know-how, methodologies, designs, programs (including custom-developed programs), computer algorithms, technical information, development tools, processes, integrations, enhancements, training, specifications, configurations, implementation, data conversions, workflows, performance capabilities, domain names, and all other documents, information, and material developed at any time by Workday and co-developed by the parties hereunder, including all Intellectual Property Rights therein.
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) X 100% > 99.9%
Workday’s Service is based on a multi-tenanted operating model that applies common, consistent management practices for all customers using the service. This common operating model allows Workday to provide the high level of service reflected in our business agreements. This document (the “SLA”) communicates Workday’s Production Support and Service Level Availability Policy for its customers. Capitalized terms, unless otherwise defined herein, shall have the same meaning as in the primary Service subscription agreement between Workday and Customer (“MSA”).

1. Service Availability:

Workday’s Service Availability commitment for a given calendar month is 99.9%.

Service Availability is calculated per month as follows:

Total – Unplanned Outage – Planned Maintenance
Total – Planned Maintenance
Definitions:
● Total is the total minutes in the month
● Unplanned Outage is total minutes that the Service is not available in the month outside of the Planned Maintenance window
● Planned Maintenance is total minutes of planned maintenance in the month Currently, Planned Maintenance is three (3) hours for weekly maintenance, plus four (4) hours for monthly maintenance, plus four (4) hours for quarterly maintenance. The Planned Maintenance windows can be found at Workday Scheduled Maintenance (https://community.workday.com/node/521701). All times are subject to change upon 30 days’ notice provided via the Workday Community site (“Community”) and any such change shall not lengthen the duration of the associated maintenance window. If actual maintenance exceeds the time allotted for Planned Maintenance, it is considered an Unplanned Outage. If actual maintenance is less than time allotted for Planned Maintenance, that time is not applied as a credit to offset any Unplanned Outage time for the month.

The measurement point for Service Availability is the availability of the Production Tenants at the Production data center’s Internet connection points. Upon Customer request not more than once per month via the Workday case management system on Community, Workday will provide a Service Availability report.

2. Workday Feature Release and Service Update Process:

Periodically, Workday introduces new features in the Service with enhanced functionality across Workday applications. Features and functionality will be made available as part of a major feature release (“Feature Release”) or as part of weekly service updates (“Service Updates”). Feature Releases will take place approximately twice per year. The frequency of Feature Release availability may be increased or decreased by Workday at Workday’s discretion with at least 30 days’ prior notice to Customer on Community. Specific information and timelines for Feature Releases and Service Updates can be found on Community. Feature Releases will be performed during a weekend within any Planned Maintenance.

3. Service Response:

Workday’s Service Response commitment is: (1) not less than 50% of online transactions in one second or less and (2) not more than 10% in 2.5 seconds or more. “Service Response” means the processing time of the Workday Production Tenants in the Production data center to complete transactions submitted from a web browser. This Service Response commitment excludes online requests processed via background jobs, Workday Web Services, Innovation Services, Enhanced Features, or as analytics. (
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The time required to complete the request is measured from the point in time when the request has been fully received by the encryption endpoint in the Production data center, until the response begins to be returned for transmission to Customer. Customer may request a Service Response report not more than once per month via Community.

Customers may impact their own Service Response time by launching custom reports and integrations in excess of the limits set forth on Community. Workday may enforce reasonable and documented system limits to serve as guardrails for the Service where these reports and integrations negatively impact Service Response.

4. Production Disaster Recovery:

Workday will maintain a disaster recovery plan for the Workday Production Tenants in conformance with Workday's most current Disaster Recovery Summary, which can be viewed on Community. Workday commits to a recovery time objective of 12 hours - measured from the time that the Workday Production Tenant becomes unavailable until it is available again. Workday commits to a recovery point objective of 1 hour - measured from the time that the first transaction is lost until the Workday Production Tenant becomes unavailable.

Workday will test the disaster recovery plan once every six months and will make available a written summary of the results of the most recent test for Customers on Community.

5. Case Submittal and Reporting:

Customer’s Named Support Contacts may submit cases to Workday Support via Community. Named Support Contacts must be trained on the Workday products for which they initiate support requests. Each case will be assigned a unique case number. Workday will respond to each case in accordance with this SLA and will work diligently toward resolution of the issue taking into consideration its severity and impact on the Customer’s business operations. Actual resolution time will depend on the nature of the case and the resolution itself. A resolution may consist of a fix, workaround, delivery of information or other reasonable solution to the issue. Case reporting is available on demand via Community.

6. Severity Level Determination:

Customer shall reasonably self-diagnose each support issue and shall recommend to Workday an appropriate Severity Level designation. Workday shall validate Customer's Severity Level designation or notify Customer of a proposed change in the Severity Level designation to a higher or lower level with justification for the proposal. In the event of a conflict regarding the appropriate Severity Level designation, each party shall promptly escalate such conflict to its management team for resolution through consultation between the parties' management. In the rare case a conflict requires a management discussion, both parties shall make a representative available within one hour of the escalation.

7. Support Issue Production Severity Levels - Response and Escalation:
“Workday Response Commitment” means the period of time from when Customer logs the Production case in the Workday case management system via Community until Workday responds to Customer or escalates within Workday, if appropriate. Because of the widely varying nature of issues, it is not possible to provide specific resolution commitments.

If Customer is not satisfied with the progress of a Severity Level 1 or 2 issue, Customer may escalate the case to Workday support management using the escalation process defined for Named Support Contacts. Upon escalation, 122
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Workday shall notify support senior management and shall assign a Workday escalation manager to work with Customer until the escalation is resolved.

Severity Level 1:
● Definition: The Service is unavailable or a Service issue prevents timely payroll processing, tax payments, entry into time tracking, financials closing (month-end, quarter-end or year-end), payment of supply chain invoices or creation of purchase orders, processing of candidate applications, issues that prevent financial aid disbursements, admissions, and registration activity of students. No workaround exists. ● Resolution: Workday will work to resolve the problem until the Service is returned to normal operation and will notify Customer of status changes.
● Escalation: If the problem has not been resolved within one hour, Workday will escalate the problem to the appropriate Workday organization. The escalated problem will have higher priority than ongoing support, development or operations initiatives.
● Customer Response Commitment: Customer shall remain accessible for troubleshooting from the time a Severity 1 issue is logged until it is resolved.

Severity Level 2:
● Definition: An issue with the Service that prevents Customer from completing one or more critical business processes with a significant impact. No workaround exists. ● Resolution: Workday will work to resolve the problem until the Service is returned to normal operation and will notify Customer of status changes.
● Escalation: If the problem has not been resolved within six hours, Customer may request that Workday escalate the problem to the appropriate Workday organization where the escalated problem will have higher priority than ongoing development or operations initiatives. ● Customer Response Commitment: Customer shall remain accessible for troubleshooting from the time a Severity 2 issue is logged until it is resolved.

Severity Level 3:
● Definition: An issue with the Service that prevents Customer from completing one or more important business processes that impact Customer’s business operations. A workaround exists but is not optimal. ● Resolution: If resolution requires a Workday issue fix, Workday will add the issue fix to its development queue for future Service Updates and will suggest a potential workaround until the problem is resolved in a future Service Update. Workday will notify Customer of status changes. ● Escalation: If progress is not being made to Customer’s satisfaction, Customer may request that Workday escalate the problem to the appropriate Workday organization ● Customer Response Commitment: Customer will respond to Workday’s requests for additional information and will implement recommended solutions in a timely manner.

Severity Level 4:
● Definition: An issue with the Service that delays Customer from completing one or more non-critical business processes that are not imperative to Customer's business operations. A workaround exists. ● Resolution: If resolution requires a Workday issue fix, Workday will add the issue fix to its development queue for future Service Updates and will suggest a potential workaround until the problem is resolved in a future Service Update. Workday will notify Customer of status changes. ● Escalation: If progress is not being made to Customer’s satisfaction, Customer may request that Workday escalate the problem to the appropriate Workday organization. ● Customer Response Commitment: Customer will respond to Workday’s requests for additional information and will implement recommended solutions in a timely manner. 123
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Severity Level 5 (Including Customer Care and Operations Requests):
● Definition: Non-system issues and requests such as Named Support Contact changes, SLA report. or general Service inquiries. Questions about product configuration and functionality should be addressed to Community.
● Resolution: Workday will respond to the request and will notify Customer of status changes. ● Escalation: If progress is not being made to Customer’s satisfaction, Customer may request that Workday escalate the problem to the appropriate Workday organization. ● Customer Response Commitment: Customer will respond to Workday’s requests for additional information in a timely manner.

8. Support Hours and Support Response Commitments:

Workday provides Customer support 24 hours a day, 7 days a week for Severity Level 1 issues and will remain accessible for troubleshooting from the time a Severity 1 issue is logged until it is resolved. Workday provides Customer support on Mondays through Fridays (in Customer’s local time) for all other Severity Levels. Workday Response Commitments start from the time the case is logged.

Support Issue Severity Level Workday Response Commitment 1 1 hour / 7 days a week
2 6 hours / Monday – Friday
3 24 hours / Monday - Friday
4 24 hours / Monday – Friday
5 48 hours / Monday - Friday
Support hours and support response commitments in the Workday SLA version released in February 2022 will continue to apply to (i) Customers who have an MSA with an Effective Date on or before July 31, 2023 for the remainder of such Customer’s subscription Order Term(s); (ii) Customers with a renewal subscription Order Form for HCM or FIN with an Effective Date on or before January 31, 2024 for the remainder of the renewal Order Term; and (iii) Customers not eligible to subscribe to Workday Success Accelerate Plans, for as long as they are not eligible.

9. Workday Support Scope:

Workday will support functionality that is delivered by Workday as part of the Service. For all other functionality, and for issues or errors in the Service caused by issues, errors, or changes in Customer's information systems, customizations, and third-party products or services, Workday may assist Customer and its third-party providers in diagnosing and resolving issues or errors, but Customer acknowledges that these matters are outside of Workday's support obligations. Failure to meet obligations or commitments under this SLA that is attributable to (1) Customer's acts or omissions (such as launching custom reports and integrations in excess of the limits set forth on Community); and (2) force majeure events shall be excused.

10. Workday Web Services API Support:

Workday recommends using the most recent version of the Workday Web Services (“WWS”) APIs in order to receive optimum performance and stability. Prior versions of WWS APIs are updated to support backwardcompatibility for all prior versions of WWS APIs that have not reached an end-of-life status. Workday will make end124 Workday Production Support and
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of-life announcements no less than 18 months before the end-of-life of each WWS API. Workday will make announcements surrounding the WWS APIs through Community or, for APIs made available pursuant to the Workday Developer Program, through the Workday developer site. Backward-compatibility means that an integration created to work with a given WWS API version will continue to work with that same WWS API version even as Workday introduces new WWS API versions. With the exception of backward-compatibility updates, prior versions of WWS APIs are not enhanced.

11. Workday Developer Program App Support:

For customers subscribing to Workday Extend (“Extend”) under an Order Form, Workday will support Extend in Production Tenants. All Apps developed pursuant to the Workday Developer Program, whether created by a customer, Workday or others, are expressly not covered by this SLA. Workday will not be responsible for any Service Availability downtime or delayed Service Response times caused by use of any Apps. Workday may modify or deprecate APIs, features and services made available pursuant to the Workday Developer Program in accordance with the Availability Statuses posted on the Workday developer site at developer.workday.com. Use of the developer site and all materials therein is governed by the Workday Developer Program Terms. “Apps” means the customizations, add-ons, extensions and/or other software solutions developed pursuant to the Workday Developer Program.
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 26, 2024
PREPARED BY: Mariela Salazar, Management Analyst
Eric Ceja, Director of Economic Development
SUBJECT: UNITE PALM DESERT AUTISM CERTIFICATION REIMBURSEMENT

PROGRAM FOR PALM DESERT BUSINESSES
RECOMMENDATION:

1. Approve the Unite Palm Desert Autism Certification Reimbursement Program (ACRP).

2. Authorize Director of Finance to transfer $30,000 from the Business Enhancement Program funds to Account No. 4254430-4393000 for the Autism Certification Reimbursement Program (ACRP).

3. Authorize City Manager to execute all documents required to effectuate the program.

BACKGROUND/ANALYSIS:

In January 2024, the City of Palm Desert became the first city in California–and the second city in the nation—to achieve certification as an Autism Certified City through the International Board of Credentialing and Continuing Education Standards (IBCCES). In response to public comments made at the May 9, 2024, City Council meeting, the City Council directed staff to develop and implement an Autism Certification Reimbursement Program to assist Palm Desert businesses in becoming Certified Autism Centers (CAC).

Implementing this program aligns with the City's vision of fostering an inclusive and welcoming community. By encouraging businesses to achieve CAC certification, the City enhances the quality of life for individuals with autism and establishes itself as a leader in inclusive tourism.

Furthermore, if approved, Palm Desert would be the first city in the nation to introduce an incentive program providing financial assistance to businesses seeking this certification.

Currently, The Living Desert Zoo and Gardens, the JW Marriott Resort and Spa, and the Joslyn Center are among the organizations in Palm Desert certified through IBCCES. Implementing the ACRP would bring numerous economic and community benefits, including:

1. Inclusive Tourism – Attracting families with autistic members, which boosts tourism and revenues, while positioning Palm Desert as a leader in inclusive tourism.

2. Economic Growth – Encouraging more businesses to become certified, leading to increased patronage and spending within certified establishments.

3. Enhanced Reputation – Promoting Palm Desert as a forward-thinking, inclusive city, setting an example for other municipalities.

4. Improved Customer Experience – Creating a supportive and accommodating environment for individuals with autism by raising staff awareness and sensitivity.

5. Long-term Community Benefits – Inspiring other businesses to participate, fostering a culture of inclusivity throughout the community.
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Autism Certification Reimbursement Program

Implementation:

In response to the City Council’s request, staff recommends establishing an ACRP to assist businesses to obtaining CAC certification. This program will prioritize support for the following business sectors:
 Priority I: Hospitality
 Priority II: Retail and Restaurants
 Priority III: Small Enterprises
Under the program, businesses will be eligible for a one-time reimbursement of $2,500 towards the CAC certification fee. Reimbursement will be provided once the City receives confirmation of the business’s successful completion of certification.

This reimbursement program aims to reduce the financial burden of certification, making it more accessible for businesses to pursue CAC certification and employee training through IBCCES.

IBCCES has offered a discounted rate for Palm Desert businesses, lowering the original CAC fee from $5,000 to $2,500. The training fees apply per staff member, with higher management required to undergo a 4-hour training session.

To qualify for certification, 80% of a business’s employees must complete the required training, with certification being renewed every two years. Staff recommends that the City provide this onetime assistance based on the availability of limited funds. Below is a breakdown of certification costs for businesses based on the number of employees.

Certified Autism Center - For Travel & Recreation
Partner pricing 30 min 4 Hr. CAC Audit* Total
(Estimated)
less than 5 staff $25 $89 $2,500 $2,689
6 to 15 $25 $89 $2,500 $3,003
16 to 25 $25 $89 $2,500 $3,317
25 to 50 $25 $84 $2,500 $5,000 $9,070
50 to 100 $25 $79 $2,500 $5,000 $10,640
100+ custom custom $2,500 $5,000 custom
*Audits are mandatory for larger organizations of over 25 staff members. The exception to this is hotels, unless the hotel is a resort style hotel with additional amenities apart from the standard gym, pool and café.

If approved, staff will initiate the promotion of the reimbursement program to businesses within the prioritized sectors. The initial focus will be on Hospitality, with an implementation period of one year. During this time, staff will assess the effectiveness of the program and gather feedback from participating businesses. A report on the program’s progress, including any recommendations for adjustments, will be presented to the City Council before proceeding with Priorities II and III, which will target Retail, Restaurants, and Small Enterprises. 148
City of Palm Desert
Autism Certification Reimbursement Program

Legal Review:

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

FINANCIAL IMPACT:

Staff recommends an initial budget of $30,000 to be allocated towards the ARCP. This funding will support 12 Hospitality and Tourist Attractions under Priority I of the program, with each business eligible to receive a one-time reimbursement of $2,500 towards their CAC certification fee. Reimbursement will be issued upon confirmation of the business’s certification. Funding for this program is available in the Business Enhancement Program funds and may be transferred to Account No. 4254430-4393000.

ATTACHMENTS:

1. IBCCES Travel Survey

2. Become a Certified Autism Center

3. ACRP Guidelines

4. ACRP Application
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CES © IBCCES © IBCCES © IBCCES © IBCCE
You can’t always tell someone’s
autistic by looking at them...there are
more of us than you think and we’re
looking for “safe” and welcoming
places to visit.
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IBCCES.org
WHAT IS THE IMPACT?
1 in 6
people have a
sensory need
1 in 36
children diagnosed $29 Billion with autism
$268
BILLION spent annually on
autism services
600%
Millions
of Adults
increase in
autism diagnosis
spent annually by travelers
with disabilities (not
including companions)
are on the
spectrum
is for
Become A Certified Autism Center™
153
Certified Autism Center™ Certification Overview

REQUIREMENTS
• At least 80% of guest-facing staff is trained and certified in autism • Position specific, customized online staff training
• Committed to ongoing training and learning opportunities

ONSITE REVIEW
We review the full 360 guest experience and make reasonable recommendations to support what you already have in place and enhance processes and procedures to ensure staff are prepared and visitors feel welcomed.

Autism Certification
Because “Autism Friendly” Isn’t Enough ROI
 Millions
of web hits
200K grant for
additional programs
Triple digit increase in
out of market guests
54% increase in
group bookings
Won award for
best social initiative
Huge boost in
guest satisfaction
Partner Results
For more than 20 years, IBCCES has been the leader in cognitive disorder training and certification for healthcare, education, and corporate professionals around the globe. IBCCES created programs specifically for hospitality and recreational organizations such as hotels, theme parks, museums, and other attractions so staff would be more knowledgeable and other accommodations could be offered to this growing, but underserved, part of the community. IBCCES is the only credentialing board offering these types of programs, which include training from subject matter experts and autistic self-advocates, as well as long-term support and continuous learning, onsite reviews, and more.

Who Is IBCCES?
IBCCES will also create sensory guides for
each attraction or exhibit to help guests
understand what to expect when they
visit. The review will ultimately result in
a comprehensive custom report for
your organization to review the
recommendations and make
plans for updates over
time to enhance the
visitor experience.
154
On-Site Certification Exposure Review
Online
Training
- The Certification Process -
1 2 3 4
The designation
of our park as a
Certified Autism
Center™ has been
an invaluable
experience
for our organization and has had a
significantly positive impact on our
operation. Families with children on the
spectrum now feel better cared for when
they are with us and our team members
now feel better educated, prepared,
and confident to assist those families
when needed. This certification was an
extremely smart decision that has made
our guest experience stronger and our park
a kinder place to visit.

PJ, Entertainment Department at
Sesame Place Philadelphia
“
• Amusement/Theme Parks
• Museums & Attractions
• Water Parks
• Aquariums & Zoos
• Excursions & Activities
• Airlines
• Hotels & Resorts
• Cruise Lines
• Parks & Recreation
• Family Entertainment Centers
• Destination Marketing Organizations
Travel + Entertainment
Organizations That Benefit
From Certification
SCAN HERE for Case Studies
and Partner Feedback
”
155
“With the increase in people who are diagnosed with autism and other sensory conditions, we want to make sure that we’re partnering with the right people to give us guidance and support. We learned over the course of doing this, that it takes connection and communication. It’s always the simplest things that make the biggest difference. Many of our colleagues now feel more empowered to recognize and maybe anticipate these kinds of conditions, and rather than it snowballing and becoming a negative experience, it’s a positive one for everybody. We expected to see a bit of an increase as people recognize Aquaventure as a place they can come to, and we did expect to see a boost in revenue. All of that has been great, but what has been really rewarding has been that personal human touch and connection.” Emma Robb, Training Manager, Marine & Waterpark Operations at Atlantis Aquaventure - Dubai Program Benefits
Earn recognition and qualify
for grants & funding for your
programs & services
Increase revenue by
attracting visitors
that may have
otherwise not felt
comfortable coming
to your location
Make loyal
raving fans
Ensure positive
guest experiences
for all families
and individuals
Increase employee
morale by empowering
staff to connect to your
organization’s mission
& provide a higher level
of service
“
”
Are You Doing Enough For Your
Guests With Sensory Needs?
We Can Help

FEATURED ON
For more information contact us at
[email protected] | 877.717.6543 156

UNITE PALM DESERT AUTISM CERTIFICATION REIMBURSEMENT PROGRAM (ACRP) GRANT GUIDELINES

BACKGROUND
The Autism Certification Reimbursement Program provides financial assistance to Palm Desert businesses to become a Certified Autism Center (CAC) through the International Board of Credentialing and Continuing Education Standards (IBCCES). This aligns with the City’s commitment to fostering inclusivity and supporting businesses that provide accommodating environments for individuals with autism.

REQUIREMENTS
 Business must operate within Palm Desert city limits and be in good standing with the City.  Businesses must first successfully achieve CAC certification through IBCCES to qualify for reimbursement.
 80% of the business’s employees must complete the required training for certification.  For businesses with more than 25 staff members, a CAC audit is mandatory (except for nonresort hotels).  Eligible Businesses:
o Priority I: Hospitality and Tourist Attractions
o Priority II: Retail and Restaurants
o Priority III: Small Enterprises

REIMBURSEMENT PROCESS
 Businesses must submit an application to the City after completing CAC certification.  The City must receive verification of successful certification from IBCCES.  Upon confirmation, the business will receive a one-time reimbursement of $2,500 towards the certification fee.

CERTIFICATION COSTS
A
Certified Autism Center - For Travel & Recreation (IBCCES Pricing) Partner pricing 30 min 4 Hr. CAC Audit* Total
(Estimated)
less than 5 staff $25 $89 $2,500 $2,689
6 to 15 $25 $89 $2,500 $3,003
16 to 25 $25 $89 $2,500 $3,317
25 to 50 $25 $84 $2,500 $5,000 $9,070
50 to 100 $25 $79 $2,500 $5,000 $10,640
100+ custom custom $2,500 $5,000

QUESTIONS/INFORMATION
Contact Mariela Salazar, Management Analyst, [email protected] or 760-776-6441. 157
158

CITY OF PALM DESERT

DEPARTMENT OF ECONOMIC DEVELOPMENT
73510 Fred Waring Drive, Palm Desert, California 92260
Phone (760) 346-0611 ▪ Fax (760) 776-6417 ▪ [email protected]

UNITE PALM DESERT AUTISIM CERTIFICATION REIMBURSEMENT
(ACRP) PROGRAM APPLICATION
Business/Property Owner Name:

Business/Property Owner Address:

Applicant/Representative Name:

Mailing Address:

City: State: Zip:

Phone: Email:

1. Applicants must be a Priority I business, which includes Hospitality and Tourist Attractions only.

2. Application must include ACRP application and IBCCES certification.

3. Grant is available until funding is no longer available.

Submission: Unite Palm Desert Autism Certification Reimbursement Program Application must be submitted by email to [email protected] or via mail at City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California 92260, Attn: Economic Development Division.

Applicant/Representative Signature: By signing this application, I certify that the information provided is accurate. I understand that the City might not approve what I am applying for and/or might require conditions of approval.

Print Name: Signature: Date:

Property Owner Signature of Approval (if property owner is not the applicant) Print Name: Signature: Date:

OFFICE USE ONLY
Date Received: Approved: __ Yes __No Date Approved:
159
160

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 26, 2024
PREPARED BY: Randy Chavez, Deputy Director of Public Works SUBJECT: AWARD CONTRACTS TO MULTIPLE CONSULTANTS FOR ON-CALL

TRAFFIC CONSULTING AND DESIGN SERVICES
RECOMMENDATION:

1. Award a Professional Services Agreement with multiple consultants for on-call traffic consulting and design services, with an annual aggregate amount not to exceed $1,000,000 (per fiscal year) for a three-year term, with two one-year extension options.

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

3. Authorize the City Manager to execute the agreement and to approve up to two additional one-year terms per contract.

BACKGROUND/ANALYSIS:

To maintain the safety and efficiency of City roadways, the City of Palm Desert (City) contracts with expert traffic consultants for specialized technical services. These consultants play a crucial role in optimizing traffic operations, improving safety, and effectively managing transportation infrastructure.

As the pace of development accelerates and traffic management needs increase, the City requires additional consulting firms to provide the necessary expertise and support. The growing demands on traffic engineering, combined with the City's commitment to maintaining high service standards, make it essential to engage multiple consultants. This is particularly important for critical initiatives such as traffic signal synchronization, safety improvements, addressing deferred maintenance, and ensuring overall operational efficiency.

On July 31, 2024, the City issued a Request for Proposal (RFP) for On-Call Traffic Consulting and Design Services (Services). The scope of services includes, but is not limited to:
 Traffic engineering and analysis
 Transportation planning
 Traffic signal design and implementation
 Traffic calming and safety improvements
 Parking studies and management
The City received 14 proposals from consultants by the deadline of August 29, 2024. The proposals were reviewed for clarity and conformance with the guidelines, content of the proposal, experience and performance, comments by references, and fee proposal. The consultants submitting proposals include:

Company Location
Advanced Mobility Group Walnut Creek, CA
161
City of Palm Desert
On-Call Traffic Consulting and Design Services

ADVANTEC Consulting Engineers, Inc. Irvine, CA
Albert A. Webb Associates Riverside, CA
EPD Solutions Irvine, CA
Fehr & Peers Riverside, CA
Hartzog & Crabill, Inc. Tustin, CA
Interwest Consulting Group Irvine, CA
Kimley-Horn Sacramento, CA
KOA Monterey Park, CA
Micheal Baker International Palm Desert, CA
RoadSafe Traffic Systems, Inc. Corona, CA
STC Traffic, Inc. Carlsbad, CA
TJMK Transportation Consultants Pleasanton, CA
TKE Engineering, Inc. Riverside, CA
A Selection Committee comprising three staff members from the Public Works Department reviewed the proposals. Following an evaluation, the Committee proposes awarding contracts to the following consultants:

Company Location
ADVANTEC Consulting Engineers, Inc. Irvine, CA
Hartzog & Crabill, Inc. Tustin, CA
Kimley-Horn Sacramento, CA
TJMK Transportation Consultants Pleasanton, CA
The recommended consultants demonstrated conformance with the RFP by providing the content, including the format identified in the RFP. Additionally, their staffing and key personnel have in-depth experience in this field. Lastly, staff conducted a reference check on the consultants and received commendable feedback on their past performance, including their responsiveness, work quality, and communication with clients.

Legal Review:

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

FINANCIAL IMPACT:

The traffic consulting and design services will be utilized as needed for various Capital Improvement Projects (CIP) and maintenance programs. The approved CIP List for Fiscal Year 2024-25 includes a total of $2,250,000 for the two projects identified on the following table:

Projects Account Budget Expenses Balance
Traffic Operations & Capacity Improvements 2134250-5000907 $750,000 Traffic Management System Replacement 4004250-4400100 $1,500,000 *Consulting and Design Services $1,000,000
Total: $2,250,000 $1,000,000 $1,250,000
Staff will budget accordingly during the annual budget approval process for future years (per fiscal year) and expenditures will be contingent upon budget approval; therefore, there is no further financial impact to the general fund.

ATTACHMENTS:

1. Agreement A – Advantec
162
City of Palm Desert
On-Call Traffic Consulting and Design Services

2. Proposal A - Advantec

3. Agreement B - Hartzog and Crabill

4. Proposal B - Hartzog and Crabill

5. Agreement C - Kimley-Horn

6. Proposal C - Kimley-Horn

7. Agreement D – TJMK

8. Proposal D - TJMK
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CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 26th 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 ADVANTEC CONSULTING ENGINEERS, a Corporation, with its principal place of business at 1200 ROOSEVELT, IRVINE, CA 92620 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Project.

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

On-Call Traffic Consulting and Design Services
Project No. MTS00004
(hereinafter referred to as “the Project”).

2.2 Consultant.

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

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

3. Terms.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from September 26, 2024, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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

Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall 165
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pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

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

The key personnel for performance of this Agreement are as follows: CARLOS ORTIZ.

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

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

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

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant 166
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represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

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

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

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

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

3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 167
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3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.

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

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

3.2.11 Insurance.

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

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the 168
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effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(F) Fidelity Coverage. [Reserved].
(G) Cyber Liability Insurance. [Reserved].

3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City 169
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shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).

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

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and 170
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representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order form. The total compensation, in the aggregate, shall not exceed ONE MILLION Dollars ($1,000,000) per fiscal year without written approval of the City Council or City Manager, as applicable.

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

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

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

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

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

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the 172
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Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

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

3.5 Accounting Records.

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

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

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

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

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

Consultant: ADVANTEC CONSULTING ENGINEERS, INC.
1200 ROOSEVELT
IRVINE, CA 92620
ATTN: CARLOS ORTIZ, CHIEF OPERATING OFFICER
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: BASSAM AL-BEITAWI, PUBLIC WORKS
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at 174
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the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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

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

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or 175
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the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

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

3.6.5 [Reserved]

3.6.6 Indemnification.

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

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

3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, 176
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understandings, or agreements.

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

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

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

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

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

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

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

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

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

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

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

3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not 177
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paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

BY AND BETWEEN THE CITY OF PALM DESERT
AND ADVANTEC CONSULTING ENGINEERS, 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

ADVANTEC CONSULTING ENGINEERS, A

CORPORATION
By:

Carlos Ortiz
Chief Executive Officer
By:

Its: Secretary
Printed Name:

Pauline Yip
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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Exhibit “A”
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BBK 72500.00001\32374915.1
EXHIBIT “A”

SCOPE OF SERVICES

1. Traffic Engineering and Analysis
 Conduct traffic impact studies for new developments and redevelopment projects.  Perform traffic signal warrant analyses, intersection capacity analyses, and corridor studies.  Provide recommendations for traffic signal timing and coordination.  Develop traffic management plans for special events and construction projects.  Perform traffic data collection, including vehicle counts, speed studies, and pedestrian/bicycle counts.

2. Transportation Planning
 Develop and update citywide transportation plans and policies.  Conduct long-range transportation planning, including multimodal transportation plans.  Evaluate and plan for bicycle and pedestrian facilities.  Assist in the preparation of grant applications for transportation funding.

3. Traffic Signal Design and Implementation
 Design new traffic signal systems and modifications to existing systems.  Prepare plans, specifications, and estimates (PS&E) for traffic signal projects.  Provide technical support during construction, including review of shop drawings and response to requests for information (RFIs).
 Conduct traffic signal system evaluations and recommend improvements.

4. Traffic Calming and Safety Improvements
 Analyze/recommend traffic calming measures for residential neighborhoods/high-traffic areas.  Design and implement pedestrian safety improvements, including crosswalks, signage, and pedestrian signals.
 Conduct road safety audits and develop safety improvement plans.  Provide recommendations for school zone safety enhancements.

5. Parking Studies and Management
 Conduct parking studies to assess current and future parking needs.  Develop parking management plans, including on-street and off-street parking solutions.  Provide recommendations for parking facility design and layout.  Assist in the implementation of parking technologies, such as automated parking systems and smart meters.

6. Intelligent Transportation Systems (ITS)
 Design and implement ITS solutions to improve traffic flow and safety.  Develop plans for the integration of new technologies, such as adaptive signal control and traffic monitoring systems.
 Provide technical support for the deployment of ITS infrastructure.  Conduct evaluations of existing ITS systems and recommend enhancements.

7. Public Engagement and Outreach
 Develop and implement public outreach strategies for transportation projects.  Facilitate public meetings, workshops, and stakeholder engagement sessions.  Prepare informational materials, including presentations, reports, and brochures.  Collect and analyze public feedback to inform project development.

8. Project Management and Coordination
 Provide project management services, including scheduling, budgeting, and resource allocation.  Coordinate with city staff, other consultants, and external agencies to ensure project success.  Prepare regular project status reports and updates for city officials.  Ensure compliance with local, state, and federal regulations and standards.

9. Environmental and Regulatory Compliance
 Conduct environmental reviews and assessments for transportation projects.  Ensure compliance with environmental regulations, including CEQA and NEPA.  Prepare necessary documentation for environmental clearance and permits.  Develop mitigation measures to address environmental impacts. 180
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EXHIBIT "B"

SCHEDULE OF SERVICES
The term of this Agreement shall be from September 26, 2024, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than Two (2) additional one-year terms.

Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. • No work shall be initiated without an approved Task Order. • Contractor shall perform services based on an approved Task Order. • The Contractor will provide an estimated timeline for project milestones and completion. • The Contractor shall perform all work within the time agreed upon with the City. • Work required in strict compliance with the contract documents.

EXHIBIT “B”
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TASK ORDER FORM
Task Order No.____________
Agreement: ______________
Consultant: ______________
Consultant is hereby authorized to perform the following work subject to the provisions of the Agreement identified above:

List any attachments:

Dollar Amount of Task Order: Not to exceed $____________.00 Completion Date: ____________
The undersigned Consultant hereby agrees that it will provide all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Agreement identified above and will accept as full payment therefore the amount showed above.

CITY OF PALM DESERT ADVANTEC CONSULTING ENGINEERS
Date: __________________ Date:_________________
By:______________________ By:___________________
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EXHIBIT "C"

COMPENSATION
The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order form. The total compensation, in the aggregate, shall not exceed ONE MILLION Dollars ($1,000,000) per fiscal year without written approval of the City Council or City Manager, as applicable.

In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA. 183
184
Hourly Rate Schedule

HOURLY RATE SCHEDULE
Compensation is typically based on our fee outlined in a particular project-specific proposal and in accordance to our fee schedule below. Compensation for On-Call Traffic Consulting and Design Services will be based on time and materials or based on fixed fee in accordance with the City of Palm Desert Public Works Fee Schedule.

Our billing rates for all personnel categories that may work under this agreement follow. These rates are in effect for one year.

Effective January 2024
Classification Rate
Project Director $375 / hour
Senior Project Manager VIII $315 / hour
Senior Project Manager VII $250 / hour
Project Manager/Senior Engineer VI $220 / hour
Project Manager/Engineer V-3 $200 / hour
Project Manager/Engineer V-2 $180 / hour
Project Manager/Engineer V-1 $160 / hour
Associate Engineer IV $145 / hour
Associate Engineer III $135 / hour
Assistant Engineer II $125 / hour
Assistant Engineer I $110 / hour
Administrative III $140 / hour
Administrative II $120 / hour
Administrative I $100 / hour
Direct Costs
Effective January 2024
Mileage Current Rate per IRS
In House Plotting (Mylar) $20.00 per D-size sheet
In House Plotting (Bond) $10.00 per D-size sheet
Other Direct Costs At Cost + 10% admin
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AND BILLING R ATES
W:\Projects\Active\0000 Contract Review Checklist & Related Documents\Contract Redlines. Language and Notes\LSA Standard Contract\2024 Update\StandardContractProvisions_2024.docx
HOURLY BILLING RATES EFFECTIVE MAY 2024
Job Classification
Hourly Rate
Range Environmental 1,2
Planning Transportation Air/Noise
Cultural/
Paleontological
Resources
Biology GIS
Principal Principal Principal Principal Principal Principal $190–$400 Associate Associate Associate Associate Associate Associate $150–$250 Senior Planner
Senior
Transportation
Planner/Engineer
Senior Air Quality/
Noise Specialist/
Noise Engineer
Senior Archaeologist/
Architectural Historian/
Paleontologist
Senior Biologist/
Botanist/Wildlife
Biologist/Ecologist/
Soil Scientist/
Herpetologist/Arborist
Senior GIS
Specialist $130–$235
Planner Transportation
Planner/Engineer
Air Quality/
Noise Specialist/
Noise Engineer/
Climate Change
Specialist
Archaeologist/
Architectural Historian/
Paleontologist
Biologist/Botanist/
Wildlife Biologist/
Ecologist/Soil Scientist/
Herpetologist/Arborist
GIS
Specialist $100–$165
Assistant
Planner
Assistant
Transportation
Planner/Engineer
Air Quality/
Noise Analyst
Field Archaeologist/
Paleontologist
Assistant Biologist/
Botanist/Wildlife
Biologist/Ecologist/
Soil Scientist/
Herpetologist/Arborist
Assistant
GIS
Specialist
$85–$130
Office Services
Marketing $110–$185
Office Assistant $110–$145
Project Accountant $110–$135
Document Management/Technical Editing/Graphics $115–$160 1 The hourly rate for work involving actual expenses in court (e.g., giving depositions or similar expert testimony) will be billed at $400 per hour regardless of job classifications. 2 Hourly rates are subject to review at least annually and may be adjusted to reflect changing labor costs at LSA’s discretion.

LSA IN‐HOUSE DIRECT COSTS EFFECTIVE MAY 20241
Description Unit Cost Description Unit Cost
Reproduction (8.5 x 11) B/W $0.07 per page Total Station Surveying Instrument $50.00 per day Reproduction (8.5 x 11) Color $0.40 per page Level (Laser or Optical) $25.00 per day Reproduction (11 x 17) B/W $0.10 per page Laser Rangefinder $25.00 per day Reproduction (11 x 17) Color $0.75 per page Sound Meter $75.00 per day CD Production $5.00 per CD Sound Meter with Velocity Transducer $85.00 per day USB Flash Drive $5.00 per drive Aerial Photo Cost
Plotting $3.75 per sq ft GPS Unit $75.00 per day
Aerial Drone $200.00 per day Water Quality Meter $25.00 per day Mileage On‐Road Current federal rate Night Vision Goggles $50.00 per unit per night Mileage Off‐Road Current federal rate Wildlife Camera $25.00 per day 1 Direct costs shall be reimbursed at cost plus 10 percent. 186

AZTEC Engineering Group, Inc.

Hourly Rate Sheet

City of Palm Desert
On-Call Traffic Consulting and Design Services RFP
August 29, 2024
AZTEC Engineering Group, Inc. Hourly Rates
2024/2025
Job Title $
Principal (Engineer/Geologist/Environmental Scientist) 360 Senior Project Manager 280
Project Manager III 255
Project Manager II 230
Project Manager I 215
Senior Project Engineer 210
Project Engineer 200
Senior Engineer/Geologist/Environmental Scientist 190
Engineer/Geologist/Environmental Scientist IV 180
Engineer/Geologist/Environmental Scientist III 170
Project Designer III 190
Project Designer II 180
Project Designer I 155
Certified Irrigation Designer 170
Senior Technician 185
Technician 170
Assistant Technician 150
GIS Analyst 140
Lead Drafter 130
Senior Project Assistant 155
Project Assistant 135
Administrative/Clerk/Technical Assistant 115
Notes:

1. Hourly rates shown are effective through December 31, 2025.

2. Hourly rates will be escalated 3.5% annually beginning on January 1, 2026.

3. Reimbursables items such as copies, deliveries, postage, etc. will be billed at direct cost.

4. Mileage will be at the current federal rate ($0.67/mile for 2024). 187

FIRM BACKGROUND
Founded in December 2007 by former local television news director Erin LaCombe, CV Strategies helps clients blend media, messaging and audiences to connect with communities and drive support on the issues that matter.

Based out of our Palm Desert office, CV Strategies’ staff of 22 is made up of former journalists, news executives, marketing experts, designers, developers, project managers, and event coordinators who use their storytelling skills to provide value to clients.

Our firm is currently involved in active, ongoing communications initiatives with more than 150 public agencies, schools and nonprofits across the Southwest. Our strategists provide support on issues as diverse as brand creation initiatives, website design, strategic planning, crisis communications, public education campaign architecture, and tactical outreach implementation. Our extensive experience makes us adept at crafting effective messaging for organizations with varying stories to tell.

CONTRACT TERMS & CONDITIONS
Our team is prepared to begin work on this project immediately. The contract cost is not to exceed $220,000. Either party may end this agreement by providing written notice to the other party. In the event of termination, CV Strategies shall be paid for all hours and expenses accrued up to the date of termination. CV Strategies will notify the City as we approach the estimated cost above. Our firm owns and maintains all of its own equipment, and supplies are included in the cost, so there would be no additional charge to the client.

Optional services or any variability in services rendered by CV Strategies will be billed to the client based on the hourly rate for communications services and will be agreed to by providing a signed written notice. Hard costs incurred by CV Strategies will be billed to the client with a nominal service charge of 10% (not to exceed $250 per item). This includes all anticipated hard costs such as printing, mailing, photography, video, advertising, etc. All services and hard costs will be billed monthly. Invoices should be paid in full upon receipt. » President – $275/hour
» Executives – $250/hour
» Directors – $200/hour
» Specialist/Design/Video/Photography – $175/hour
» Translator – $125/hour » Support Staff – $100/hour
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DUDEK Standard 3 Year Schedule of Charges
EFFECTIVE JANUARY 1, 2024 - P
Engineering Services
Project Director.........................................................................$345.00/hr Principal Engineer lll.................................................................$320.00/hr Principal Engineer II .................................................................$300.00/hr Principal Engineer I ..................................................................$290.00/hr Program Manager.....................................................................$280.00/hr Senior Project Manager ...........................................................$275.00/hr Project Manager .......................................................................$265.00/hr Senior Engineer III ....................................................................$260.00/hr Senior Engineer II ....................................................................$250.00/hr Senior Engineer I .....................................................................$240.00/hr Project Engineer IV/Technician IV...........................................$235.00/hr Project Engineer llI/Technician III ...........................................$220.00/hr Project Engineer lI/Technician II .............................................$210.00/hr Project Engineer I/Technician I ...............................................$190.00/hr Senior Designer II .....................................................................$210.00/hr Senior Designer I ......................................................................$205.00/hr Designer....................................................................................$200.00/hr Assistant Designer....................................................................$195.00/hr CADD Operator III......................................................................$190.00/hr CADD Operator II.......................................................................$180.00/hr CADD Operator I........................................................................$165.00/hr CADD Drafter.............................................................................$150.00/hr CADD Technician ......................................................................$135.00/hr Project Coordinator ..................................................................$165.00/hr Engineering Assistant...............................................................$135.00/hr Environmental Services
Senior Project Director.............................................................$350.00/hr Project Director.........................................................................$300.00/hr Senior Specialist V....................................................................$275.00/hr Senior Specialist IV...................................................................$265.00/hr Senior Specialist III...................................................................$250.00/hr Senior Specialist II....................................................................$235.00/hr Senior Specialist I.....................................................................$220.00/hr Specialist V................................................................................$210.00/hr Specialist IV...............................................................................$195.00/hr Specialist III...............................................................................$185.00/hr Specialist II................................................................................$175.00/hr Specialist I.................................................................................$165.00/hr Analyst V....................................................................................$150.00/hr Analyst IV...................................................................................$140.00/hr Analyst III ...................................................................................$130.00/hr Analyst II ....................................................................................$120.00/hr Analyst I .....................................................................................$110.00/hr Technician III...............................................................................$95.00/hr Technician II................................................................................$85.00/hr Technician I.................................................................................$75.00/hr Mapping and Surveying Services
Application Developer II ...........................................................$245.00/hr Application Developer I ............................................................$190.00/hr GIS Analyst V.............................................................................$225.00/hr GIS Analyst IV............................................................................$200.00/hr GIS Analyst III ............................................................................$165.00/hr GIS Analyst II .............................................................................$145.00/hr GIS Analyst I ..............................................................................$130.00/hr UAS Pilot....................................................................................$150.00/hr Survey Lead ..............................................................................$245.00/hr Survey Manager........................................................................$220.00/hr Survey Crew Chief.....................................................................$175.00/hr Survey Rod Person ...................................................................$125.00/hr Survey Mapping Technician.....................................................$105.00/hr Construction Management Services
Principal/Manager....................................................................$205.00/hr Senior Construction Manager .................................................$200.00/hr Senior Project Manager ...........................................................$185.00/hr Construction Manager .............................................................$185.00/hr Project Manager .......................................................................$180.00/hr Resident Engineer.................................................................…$180.00/hr Construction Engineer..............................................................$175.00/hr On-site Owner’s Representative..............................................$165.00/hr Prevailing Wage Inspector .......................................................$155.00/hr Construction Inspector.............................................................$155.00/hr Administrator/Labor Compliance............................................$120.00/hr Hydrogeology/HazWaste Services
Project Director.........................................................................$345.00/hr Principal Hydrogeologist/Engineer III .....................................$320.00/hr Principal Hydrogeologist/Engineer II ......................................$310.00/hr Principal Hydrogeologist/Engineer I .......................................$300.00/hr Senior Hydrogeologist V/Engineer V.......................................$275.00/hr Senior Hydrogeologist IV/Engineer IV.....................................$265.00/hr Senior Hydrogeologist III/Engineer III .....................................$255.00/hr Senior Hydrogeologist II/Engineer II .......................................$245.00/hr Senior Hydrogeologist I/Engineer I ........................................ $235.00/hr Project Hydrogeologist V/Engineer V......................................$225.00/hr Project Hydrogeologist IV/Engineer IV....................................$215.00/hr Project Hydrogeologist III/Engineer III ....................................$205.00/hr Project Hydrogeologist II/Engineer II ......................................$195.00/hr Project Hydrogeologist I/Engineer I ........................................$185.00/hr Hydrogeologist/Engineering Assistant ...................................$150.00/hr HazMat Field Technician .........................................................$135.00/hr District Management & Operations
District General Manager.........................................................$235.00/hr District Engineer.......................................................................$215.00/hr Operations Manager ...............................................................$165.00/hr District Secretary/Accountant ................................................$150.00/hr Collections System Manager...................................................$150.00/hr Grade V Operator......................................................................$140.00/hr Grade IV Operator.....................................................................$125.00/hr Grade III Operator.....................................................................$115.00/hr Grade II Operator........................................................................ $95.00/hr Grade I Operator......................................................................... $90.00/hr Operator in Training ................................................................... $75.00/hr Collection Maintenance Worker ............................................... $85.00/hr Creative Services
Creative Services IV..................................................................$185.00/hr Creative Services III..................................................................$165.00/hr Creative Services II...................................................................$150.00/hr Creative Services I....................................................................$135.00/hr Publications Services
Technical Editor lV....................................................................$185.00/hr Technical Editor lll ....................................................................$165.00/hr Technical Editor ll .....................................................................$150.00/hr Technical Editor l ......................................................................$135.00/hr Publications Specialist lV.........................................................$140.00/hr Publications Specialist lll.........................................................$130.00/hr Publications Specialist ll..........................................................$120.00/hr Publications Specialist l...........................................................$110.00/hr Clerical Administration.............................................................$110.00/hr Expert Witness – Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates.

Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the normal rate.

Material and Outside Services – Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost.

Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost
Invoices, Late Charges – All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay interest at a 10% annual rate for amounts unpaid greater than 30 days after the date of the invoice.

Prevailing Wage – The rates listed above assume prevailing wage rates do not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly. 189
Counts Unlimited, Inc. ▪ PO Box 1178 ▪ Corona, CA 92878 ▪ T 951 268 6268 ▪ F 951 268 6267 ▪ www.countsunlimited.com COUNTS UNLIMITED, INC. – CVAG ON-CALL HOURLY BILLING RATES

Effective 2024 through 2028

Hourly Billing Rates

Counts Unlimited, Inc.

Classification Hourly Rate
Project Manager $125.00
Assistant Project Manager $80.00
Field Technician $60.00
Various Traffic Count Staff $45.00

Counts Unlimited, Inc. – Direct Cost Rates

Intersection Vehicle Turning Movement Counts
Standard Turning Movement Count $40 per hour
Classified Turning Movement Count $45 per hour
24 Hour Machine Traffic Volume Counts
Entering Volume $55 per approach
Directional Volume $90 per site
Classification / Speed $200 per site
Pedestrian / Bicycle Counts (No vehicles included) $25 per hour Speed Radar Surveys
1 Hour or 100 cars; whichever comes first $75 each
Parking Surveys
Occupancy $50 per hour
Duration / Turnover $75 per hour

License Plate Surveys $100 per hour

Field Survey of Existing Conditions $50 per hour

190
Sub-Consultant Name: CL Surveying and Mapping, Inc.

Fully Burdened
Hourly Billing
Rate For
Fully Burdened
Hourly Billing
Rate For
Fully Burdened
Hourly Billing
Rate For
2023-2024 2024-2025 2025-2026
O $ 75.00 $ 228.57 $ 235.42 $ 242.49
O $ 60.00 $ 182.85 $ 188.34 $ 193.99
O $ 40.00 $ 121.90 $ 125.56 $ 129.33
F $ 63.56 $ 193.70 $ 199.51 $ 205.50
F $ 61.51 $ 187.45 $ 193.08 $ 198.87
F $ 55.28 $ 168.47 $ 173.52 $ 178.73
F $ 24.88 $ 75.82 $ 78.10 $ 80.44
F $ 27.64 $ 84.23 $ 86.76 $ 89.36
F $ 33.17 $ 101.09 $ 104.12 $ 107.24
F $ 35.93 $ 109.50 $ 112.78 $ 116.17
F $ 38.70 $ 117.94 $ 121.48 $ 125.12
F $ 41.46 $ 126.35 $ 130.14 $ 134.05
F $ 44.22 $ 134.76 $ 138.81 $ 142.97
Notes:

Office Overhead Rate: 177.05%
Field Overhead Rate: 177.05%
Profit: 10.00%

0.00%

3.00%

2. Year 1 Escalation:
years 2-3 Escalation:

Party Chief

1. The fully burdened classification ranges were developed using the following:

Project Manager
Chainman Apprentice G (Step 7)
Chainman Apprentice F (Step 6)
Hourly Range Schedule
Classification Labor Rates 2024
Chainman Apprentice E (Step 5)
Office CAD Drafter
Certified Party Chief
Unburdened
Rate
Chainman Apprentice C (Step 3)
Chainman Apprentice D (Step 4)
Chainman
Chainman Apprentice A (Step 1)
Chainman Apprentice B (Step 2)
Classification
Office/
Field
Survey Tech
191
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CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 26th 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 HARTZOG & CRABILL, INC., a Corporation, with its principal place of business at 17821 EAST 17TH STREET, SUITE 245, TUSTIN, CA 92780 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Project.

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

On-Call Traffic Consulting and Design Services
Project No. MTS00004
(hereinafter referred to as “the Project”).

2.2 Consultant.

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

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

3. Terms.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from September 26, 2024, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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

Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall 193
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pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

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

The key personnel for performance of this Agreement are as follows: GERALD J. STOCK.

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

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

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

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant 194
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represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

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

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

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

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

3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 195
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3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.

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

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

3.2.11 Insurance.

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

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the 196
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effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(F) Fidelity Coverage. [Reserved].
(G) Cyber Liability Insurance. [Reserved].

3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City 197
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shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).

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

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and 198
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representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order form. The total compensation, in the aggregate, shall not exceed One MILLION Dollars ($1,000,000) per fiscal year without written approval of the City Council or City Manager, as applicable.

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

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

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

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

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

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the 200
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Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

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

3.5 Accounting Records.

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

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

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

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

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

Consultant: HARTZOG & CRABILL, INC.
17821 EAST 17TH STREET, SUITE 245
TUSTIN, CA 92780
ATTN: GERALD J STOCK, EXECUTIVE VICE PRESIDENT
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: BASSAM AL-BEITAWI, PUBLIC WORKS
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at 202
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the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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

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

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or 203
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the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

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

3.6.5 [Reserved]

3.6.6 Indemnification.

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

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

3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, 204
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understandings, or agreements.

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

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

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

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

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

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

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

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

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

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

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

3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not 205
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paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

BY AND BETWEEN THE CITY OF PALM DESERT
AND HARTZOG & CRABILL, 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

HARTZOG & CRABILL, A CORPORATION
By:

Gerald J. Stock
Executive Vice President / Secretary
By:

Its: Vice President / Treasurer
Printed Name:

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

SCOPE OF SERVICES

1. Traffic Engineering and Analysis
 Conduct traffic impact studies for new developments and redevelopment projects.  Perform traffic signal warrant analyses, intersection capacity analyses, and corridor studies.  Provide recommendations for traffic signal timing and coordination.  Develop traffic management plans for special events and construction projects.  Perform traffic data collection, including vehicle counts, speed studies, and pedestrian/bicycle counts.

2. Transportation Planning
 Develop and update citywide transportation plans and policies.  Conduct long-range transportation planning, including multimodal transportation plans.  Evaluate and plan for bicycle and pedestrian facilities.  Assist in the preparation of grant applications for transportation funding.

3. Traffic Signal Design and Implementation
 Design new traffic signal systems and modifications to existing systems.  Prepare plans, specifications, and estimates (PS&E) for traffic signal projects.  Provide technical support during construction, including review of shop drawings and response to requests for information (RFIs).
 Conduct traffic signal system evaluations and recommend improvements.

4. Traffic Calming and Safety Improvements
 Analyze/recommend traffic calming measures for residential neighborhoods/high-traffic areas.  Design and implement pedestrian safety improvements, including crosswalks, signage, and pedestrian signals.
 Conduct road safety audits and develop safety improvement plans.  Provide recommendations for school zone safety enhancements.

5. Parking Studies and Management
 Conduct parking studies to assess current and future parking needs.  Develop parking management plans, including on-street and off-street parking solutions.  Provide recommendations for parking facility design and layout.  Assist in the implementation of parking technologies, such as automated parking systems and smart meters.

6. Intelligent Transportation Systems (ITS)
 Design and implement ITS solutions to improve traffic flow and safety.  Develop plans for the integration of new technologies, such as adaptive signal control and traffic monitoring systems.
 Provide technical support for the deployment of ITS infrastructure.  Conduct evaluations of existing ITS systems and recommend enhancements.

7. Public Engagement and Outreach
 Develop and implement public outreach strategies for transportation projects.  Facilitate public meetings, workshops, and stakeholder engagement sessions.  Prepare informational materials, including presentations, reports, and brochures.  Collect and analyze public feedback to inform project development.

8. Project Management and Coordination
 Provide project management services, including scheduling, budgeting, and resource allocation.  Coordinate with city staff, other consultants, and external agencies to ensure project success.  Prepare regular project status reports and updates for city officials.  Ensure compliance with local, state, and federal regulations and standards.

9. Environmental and Regulatory Compliance
 Conduct environmental reviews and assessments for transportation projects.  Ensure compliance with environmental regulations, including CEQA and NEPA.  Prepare necessary documentation for environmental clearance and permits.  Develop mitigation measures to address environmental impacts. 208
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EXHIBIT "B"

SCHEDULE OF SERVICES
The term of this Agreement shall be from September 26, 2024, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than Two (2) additional one-year terms.

Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. • No work shall be initiated without an approved Task Order. • Contractor shall perform services based on an approved Task Order. • The Contractor will provide an estimated timeline for project milestones and completion. • The Contractor shall perform all work within the time agreed upon with the City. • Work required in strict compliance with the contract documents. 209
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TASK ORDER FORM
Task Order No.____________
Agreement: ______________
Consultant: ______________
Consultant is hereby authorized to perform the following work subject to the provisions of the Agreement identified above:

List any attachments:

Dollar Amount of Task Order: Not to exceed $____________.00 Completion Date: ____________
The undersigned Consultant hereby agrees that it will provide all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Agreement identified above and will accept as full payment therefore the amount showed above.

CITY OF PALM DESERT HARTZOG & CRABILL, INC.

Date: __________________ Date:_________________
By:______________________ By:___________________
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EXHIBIT "C"

COMPENSATION
The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order form. The total compensation, in the aggregate, shall not exceed ONE MILLION Dollars ($1,000,000) per fiscal year without written approval of the City Council or City Manager, as applicable.

In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA. 211
212
Consulting Traffic Engineers to Government Agencies
August 29, 2024
Ms. Melanie Perry,
Senior Management Analyst
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR:

ON-CALL TRAFFIC CONSULTING AND DESIGN
SERVICES , RFP NO. 2024-RFP-127

Dear Ms. Perry:

Hartzog & Crabill, Inc. (HCI) is pleased to submit this proposal for providing On-Call Traffic Consulting and Design Services to the City of Palm Desert.

HCI understands that it is the City’s intent for this process to result with entering into non-exclusive, multi-year professional services agreements with multiple qualified firms on an on-call, as-needed basis. Once a firm is approved, the City may authorize a firm to complete specific engineering services to assist City staff on a Task Order basis as deemed necessary to fulfill the City’s needs. HCI proposes to provide our professional traffic engineering services to the City addressing the tasks identified in the City’s Request for Proposal (RFP), dated July 31, 2024.

HCI has thoroughly examined and become familiar with the work required under this RFP, and is capable of performing quality traffic engineering work to achieve the City’s objectives under a new multi-year contract. HCI acknowledges that there were no addendums issued as part of this RFP. The City’s RFP is incorporated in their entirety as part of our proposal.

In the course of our (31+) years in business, HCI staff have successfully provided these same types of professional on-call traffic engineering consulting services to numerous Southern California city agencies, where we have continued to build on their foundation for a viable, responsive traffic engineering function. Our service to our client agencies over these past years also affords us knowledge of client expectations and work products required.

We look forward to sharing our experience and expertise, moving toward a goal of ever-improving traffic safety and efficiency in the City of Palm Desert, by augmenting the City’s professional engineering capabilities and providing high-quality, very timely expertise, when needed.

I, Gerald J. Stock, PE, TE, am Executive Vice President and owner of HCI, a California corporation, and am legally authorized to commit to contractual terms and conditions resulting from this submittal. My address and phone number are shown on our letterhead (above left).

Gerald J. Stock, PE, TE,
Executive Vice President
17821 E. 17th Street
Suite 245
Tustin, CA 92780
Phone: (714) 731-9455
FAX: (714) 731-9498
www.hartzog-crabill.com
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Ms. Melanie Perry
August 29, 2024