Agenda packet, regular meeting — Palm Desert City Council, October 24, 2024 (part 1 of 3)

PALM DESERT CITY COUNCIL

MEETING AGENDA

Thursday, October 24, 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
Mayor Quintanilla

4. INSPIRATION
Mayor Pro Tem Harnik

5. AWARDS, PRESENTATIONS, AND APPOINTMENTS

5.a AWARDS: MINI MUSTER ART CONTEST

5.b INDIGENOUS PEOPLE PROCLAMATION

6. CITY MANAGER COMMENTS

6.a SHERIFF DEPARTMENT UPDATE

6.b 2024 DESERT WILLOW FIRECLIFF GOLF COURSE RENOVATION

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
9 RECOMMENDATION:

Approve the Minutes of October 10, 2024.

9.b APPROVAL OF WARRANT REGISTERS 21
RECOMMENDATION:

Approve the warrant registers issued for the period 9/30/2024 to 10/10/2024.

Palm Desert City Council Meeting Agenda
October 24, 2024
2 9.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE

LICENSES
39 RECOMMENDATION:

Receive and file the application for Alcoholic Beverage License for:

The Original Fish Taco, LLC (Rubio's Fresh Mexican Grill) - 73399 Hwy 111 Ste. F-1, Palm Desert

9.d ADOPTION OF ORDINANCE NO. 1417 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS
43 RECOMMENDATION:

Adopt Ordinance No. 1417 entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING CHAPTER 5.10 SHORT-TERM RENTALS AND MAKING A FINDING OF EXEMPTION UNDER CEQA.”

9.e ADOPTION OF ORDINANCE NO. 1418 ADDING CHAPTER 12.36 TO TITLE 12 OF THE PALM DESERT MUNICIPAL CODE ESTABLISHING

PUBLIC RIGHT-OF-WAY VACATION PROCEDURES
67 RECOMMENDATION:

Adopt Ordinance No. 1418 entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING
CHAPTER 12.36 TO THE PALM DESERT MUNICIPAL CODE

REGARDING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND
MAKING FINDINGS UNDER CEQA.”

9.f ADOPTION OF ORDINANCE NO. 1419 UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS
77 RECOMMENDATION:

Adopt Ordinance No. 1419 entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER CEQA.”
Palm Desert City Council Meeting Agenda
October 24, 2024
3 9.g AWARD CONTRACT TO DBX, INC., OF TEMECULA, CA, FOR VITALIA TRAFFIC SIGNAL INSTALLATION (PROJECT NO. CTS00002)
83 RECOMMENDATION:

Award a contract to DBX, Inc., of Temecula, CA, in the amount of $733,400, plus a $73,000 contingency, for the Vitalia Traffic Signal Installation.

1. Appropriate $181,223 to Account No. 2134385-4400100 from unobligated Measure A Funds.

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

3. Authorize the City Manager to execute the agreement 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.

5. 9.h APPROVE A LEASE EXTENSION WITH THE ARTIST COUNCIL THROUGH JUNE 2030 AT 72-567 HIGHWAY 111
131
RECOMMENDATION:

Approve the Second Amendment to Lease – Contract No. C41250 with The Artist Council at 72-567 Highway 111.

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

2. 3. Authorize the City Manager to execute the agreement.

9.i ADOPT A RESOLUTION ACCEPTING THE CITY OF PALM DESERT

STANDARD DETAILS AND DESIGN GUIDELINES
175
RECOMMENDATION:

Adopt a resolution entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,

APPROVING UPDATED CITY OF PALM DESERT STANDARD

DETAILS AND DESIGN GUIDELINES AND MAKING A FINDING
OF EXEMPTION UNDER CEQA”.

1. Authorize the City Manager to publish the City of Palm Desert Standard Details and Design Guidelines on the City’s website and make it available to the public.

2. Authorize the City Manager to periodically review and update these standards as necessary to keep up with operational and
construction advancements.

3. Palm Desert City Council Meeting Agenda
October 24, 2024
4 9.j AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARKS AND LANDSCAPE ENHANCEMENT (PROJECT NO. CPK00003)
347
RECOMMENDATION:

Award contracts for Parks and Landscape Enhancements to multiple vendors, in the amount of $750,000 for a 31-month term with two one-year extension options.

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

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

3. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project(s).

4. 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.

None.

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 INTRODUCTION OF AN ORDINANCE TO AMEND SECTIONS OF TITLE 27 GRADING OF THE PALM DESERT MUNICIPAL AND MAKING A

FINDING OF EXEMPTION UNDER CEQA
651
RECOMMENDATION:

Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING SECTIONS OF TITLE 27 GRADING AND MAKING A FINDING OF
EXEMPTION UNDER CEQA.”
Palm Desert City Council Meeting Agenda
October 24, 2024
5 11.b RESOLUTION ESTABLISHING AN ANNUAL LEASE RATE FOR DINING

DECKS AND LICENSING REQUIREMENTS FOR USE OF PUBLIC

RIGHT-OF-WAY FOR OUTDOOR DINING DECKS AND MAKING

FINDINGS
663
RECOMMENDATION:

Adopt a resolution entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,

ADOPTING AN ANNUAL LEASE RATE FOR DINING DECKS

AND LICENSING REQUIREMENTS FOR USE OF PUBLIC
RIGHT-OF-WAY FOR OUTDOOR DINING DECKS.”

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

2. Authorize the City Manager to execute the license agreements with dining deck operators and any other documents necessary to effectuate this action.

3. 11.c INTRODUCTION OF AN ORDINANCE UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 5.11, DISCLOSURES UPON TRANSFER

OF RESIDENTIAL PROPERTY AND MAKING FINDINGS UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
685
RECOMMENDATION:

Hold a public hearing and introduce an ordinance entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,

CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER

5.11, DISCLOSURES UPON TRANSFER OF RESIDENTIAL PROPERTY AND MAKING FINDINGS UNDER CEQA.”

12. INFORMATION ITEMS
None.

13. ADJOURNMENT
Palm Desert City Council Meeting Agenda
October 24, 2024
6 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 “Meeting Agendas” 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, Michelle Nance, Deputy 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/ Michelle Nance
Deputy Clerk II
Palm Desert City Council Meeting Agenda
October 24, 2024
7 8
Study Session of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Minutes
October 10, 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 - STUDY SESSION
A Study Session of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, October 10, 2024, at 3:15 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.

2. STUDY SESSION TOPICS

2.a STUDY SESSION: DISCUSSION ON A DRAFT ORDINANCE AMENDING THE

PALM DESERT MUNICIPAL CODE TO PROHIBIT THE POSSESSION OF

FIREARMS AT CITY HALL
City Clerk Mejia provided a staff report and responded to Council inquiries.

Brad Anderson, Rancho Mirage resident, spoke in opposition to prohibit the possession of firearms at City Hall.

During the course of discussion, the City Council agreed not to move forward with the draft ordinance at this time. The City Council requested that City staff follow-up with the Riverside Sheriff's Office for their opinion on whether firearms carried by Concealed Weapon Permit (CWP) holders pose a security threat and to ascertain whether the Riverside County Administrative Office prohibits firearms carried by CWP holders.

3. ADJOURNMENT
The City Council adjourned the Study Session at 3:30 p.m. 9 Palm Desert City Council Study Session Minutes
October 10, 2024
2 Respectfully submitted,
_________________________
Níamh M. Ortega
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
10 1
Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Regular Meeting Minutes
October 10, 2024, 3:30 p.m.

Present: Mayor Karina Quintanilla, Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee

1. CALL TO ORDER - CLOSED SESSION - 3:30 P.M.

A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, October 10, 2024, at 3:30 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 3:30 p.m.

4. CLOSED SESSION AGENDA

4.a Closed Session Meeting Minutes: September 12, 2024

4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8

4.b.1 Property Description: 73710 Fred Waring Drive, Suite 205

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

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

7. INSPIRATION
Councilmember Trubee 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.
11 2

9. AWARDS, PRESENTATIONS, AND APPOINTMENTS

9.a PRESENTATION: COLLEGE OF THE DESERT CAPITAL PROJECTS AND

INSTRUCTIONAL PROGRAMS
Interim Superintendent/President of College of the Desert, Laura Hope, and Vice President Student Services, Rodrigo Garcia, narrated a PowerPoint presentation and responded to City Council inquiries.

10. CITY MANAGER COMMENTS

10.a UPDATE ON PALM DESERT IHUB
Director of Economic Development Ceja provided an update on Palm Desert iHub and responded to City Council inquiries.

11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events. Mayor Pro Tem Harnik, with support of the City Council, requested a Study Session on the neighborhood notifications regarding proposed developments.

12. NON-AGENDA PUBLIC COMMENTS
Sharon Mastropietro-Malone, Palm Desert resident, spoke in opposition to the Riverside County contract for a consultant’s review of animal services.

Mike Morsch, Palm Desert resident, spoke in support of Measure G.

Pegie Crowley, Palm Desert resident, spoke in opposition to the Riverside County contract for a consultant’s review of animal services.

Connor Limont, Palm Desert resident, spoke in opposition to hillside development.

Dean Gaton, Palm Desert resident, spoke regarding traffic issues within the city and recommended district information be added to Councilmember bios on the City website.

13. CONSENT CALENDAR
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
To approve the consent calendar as presented.

Motion Carried (5 to 0)

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

AUTHORITY MINUTES
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Approve the Minutes of September 26, 2024.

Motion Carried
12 3

13.b APPROVAL OF WARRANT REGISTERS
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Approve the warrant registers issued for the period 8/30/2024 to 9/19/2024.

Motion Carried

13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE

LICENSES
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Receive and file the application for Alcoholic Beverage License for:
1918 Winter Street ABS, LLC (Albertsons #0567) - 42095 Washington Street, Palm Desert
Motion Carried

13.d AWARD CONTRACT NO. C48480 TO SOUTHERN PACIFIC CONSTRUCTION FOR THE FIRE STATION 67 RESTROOM RENOVATION (PROJECT NO.

MFA00030)
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik

1. Award Contract No. C48480 to Southern Pacific Construction, of Temecula, California, in the amount of $276,940.87, plus a $30,000 contingency, for the Fire Station 67 Restroom Renovation.

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

3. Authorize the City Manager to execute the contract 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
13 4

13.e AWARD DESIGN CONTRACT NO. C48490 TO TKE ENGINEERING, INC., FOR WALK AND ROLL PD PHASE 3 - PEDESTRIAN IMPROVEMENTS
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik

1. Award Contract No. C48490 to TKE Engineering, Inc., of Riverside, California, in the amount of $360,700 for design of the Walk and Roll PD - Phase 3 Pedestrian Improvements Project (CST00002), plus a 10% contingency for unforeseen conditions.

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.

Motion Carried

13.f AWARD CONTRACT NO. C48140 TO DBX, INC., OF TEMECULA,

CALIFORNIA, FOR THE MARKET PLACE DRIVE AND COOK STREET
TRAFFIC SIGNAL IMPROVEMENTS (PROJECT NO. CTS0001)
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik

1. Award Contract No. C48140 to DBX, Inc., of Temecula, California, in the amount of $464,580, plus a $47,000 contingency, for the Market Place Drive and Cook Street Traffic Signal Improvements.

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

3. Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.

4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project.

Motion Carried
14 5

13.g RELEASE MAINTENANCE BOND FOR PM 37512 FOR THE REVEL LOCATED AT 74300 COUNTRY CLUB DRIVE
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Release Maintenance Bond in the amount of $5,096.07 for PM 37512 for the Revel located at 74300 Country Club Drive.

Motion Carried

13.h RESOLUTION NO. 2024-074 AND HA-127: THIRD AMENDED AND

RESTATED DDLA AND ACTIONS RELATED TO THE CONVEYANCE OF THE PARCELS IDENTIFIED AS APN 694-120-028 AND A PORTION OF 694-120- 029 FOR AFFORDABLE HOUSING
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik

1. Adopt Resolution No. 2024-074 (City) entitled, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,
APPROVING A THIRD “AMENDED AND RESTATED DISPOSITION,
DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM
VILLAS AT MILLENIUM” AMONG THE CITY, AS LESSOR, THE PALM

DESERT HOUSING AUTHORITY, AS LENDER, AND PALM

COMMUNITIES, A CALIFORNIA LIMITED PARTNERSHIP, AS LESEE/

BORROWER/ DEVELOPER, IN CONNECTION WITH APPROXIMATELY

10.49 ACRES OF PROPERTY OWNED BY THE CITY, AND TAKING
RELATED ACTIONS.”

2. Adopt Resolution No. HA-127 (Housing Authority) entitled, “A

RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY
APPROVING A THIRD “AMENDED AND RESTATED DISPOSITION,
DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM
VILLAS AT MILLENIUM” AMONG THE AUTHORITY, AS LENDER, THE

CITY OF PALM DESERT, AS SELLER, AND PALM COMMUNITIES, A

CALIFORNIA CORPORATION, AS BUYER/ BORROWER/ DEVELOPER,

APPROPRIATING FUNDS IN CONNECTION THEREWITH, AND TAKING RELATED ACTIONS.”

3. Authorize Mayor/Chairperson, staff, and legal counsel to negotiate, execute and record agreements and necessary documents to effectuate the resolutions, including the conveyance of the Property, the funding commitments, and related actions for the Project as set forth in the Third Amended and Restated DDLA.

Motion Carried (5 to 0)
15 6

14. ACTION CALENDAR

14.a 2025 CALIFORNIA DESERT PLEIN AIR FESTIVAL FUNDING
Public Affairs Manager Soule narrated a PowerPoint presentation and responded to City Council inquiries.

Motion by: Mayor Pro Tem Harnik
Seconded by: Councilmember Trubee
Approve funding in the amount of $25,000 for the inaugural California Desert Plein Air Festival.

Motion Carried (5 to 0)

14.b RESOLUTION NO. 2024-075: ADOPT A POLICY FOR NOTIFYING

HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT

PROCESS
Development Services Director Cannone requested this item be removed from the agenda for further discussions with HOAs. No action taken on this item.

15. PUBLIC HEARINGS

15.a RESOLUTION NO. 2024-075: CONSIDERATION TO APPROVE A PRECISE PLAN AMENDMENT FOR A 1,103-SQUARE-FOOT GUESTHOUSE AT 72240

UPPER WAY WEST
Councilmember Kelly recused herself from this item pursuant to the Levine Act and left the meeting at this time.

Mayor Quintanilla opened the public hearing.

Principal Planner Flores narrated a PowerPoint presentation and responded to City Council inquiries.

Applicant representative, Paul D. Bojic, Esq., spoke in favor of staff recommendation and responded to City Council inquiries.

Mayor Quintanilla closed the public hearing, there being no other member of the public wishing to speak.

Mayor Pro Tem Harnik requested that the matter be continued to the City Council meeting of October 24, 2024, to provide members of the City Council the opportunity to conduct a site visit.

In response, Michael Reilly, Applicant, requested that this item not be delayed further due to past delays and hardship and responded to City Council inquiries.

Motion by: Councilmember Nestande
Seconded by: Mayor Quintanilla
Adopt Resolution No. 2024-075 entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING A 16 7

FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA), AND APPROVAL OF A HILLSIDE DEVELOPMENT PLAN TO CONSTRUCT A 1,103-SQUARE-FOOT GUESTHOUSE ON A
PROPERTY LOCATED AT 72240 UPPER WAY WEST.”
NOES (1): Mayor Pro Tem Harnik
RECUSED (1): Councilmember Kelly
Motion Carried (3 to 1)

15.b ADOPT SUBSTANTIAL AMENDMENT TO ANNUAL ACTION PLAN FOR PROGRAM YEAR 2020 COMMUNITY DEVELOPMENT BLOCK GRANT
Mayor Quintanilla opened the public hearing.

Senior Contracts and Grants Manager Barron narrated a PowerPoint presentation and responded to City Council inquiries.

Mayor Quintanilla closed the public hearing, there being no member of the public wishing to speak.

Motion by: Councilmember Trubee
Seconded by: Councilmember Kelly

1. Conduct the public hearing and receive public testimony.

2. Adopt the Substantial Amendment to PY 2020 Annual Action Plan.

3. Authorize the Director of Finance to appropriate $176,000 to CDBG Program Expenditure Account No. 2204649-4400100, Palma Village Park Capital Project.

4. Approve the Project agreement amendment with the Joslyn Center (Contract No. C46570A).

Motion Carried (5 to 0)

15.c INTRODUCE ORDINANCE NO. 1417 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS - ADOPT A POLICY (RES. 2024-077) SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE

HILLSIDE PLANNED RESIDENTIAL ZONE, AND MAKE A FINDING OF

EXEMPTION UNDER CEQA
Mayor Quintanilla opened the public hearing.

Development Services Director Cannone narrated a PowerPoint presentation and responded to City Council inquiries.

Mayor Quintanilla closed the public hearing, there being no other member of the public wishing to speak.
17 8
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik

1. Hold a public hearing and introduce Ordinance No. 1417 entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,

CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER

5.10, SHORT TERM RENTALS AND MAKING A FINDING OF
EXEMPTION UNDER CEQA.”

2. Adopt Resolution No. 2024-077 entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A

POLICY FOR SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR

THE TERMINATION AND AMORTIZATION OF SHORT-TERM RENTALS
WITHIN THE HILLSIDE PLANNED RESIDENTIAL (HPR) ZONE.”
Motion Carried (5 to 0)

15.d INTRODUCTION OF ORDINANCE NO. 1418 TO ADD CHAPTER 12.36 TO TITLE 12 OF THE PALM DESERT MUNICIPAL CODE ESTABLISHING

PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING A

FINDING OF EXEMPTION UNDER CEQA
Mayor Quintanilla opened the public hearing.

Principal Planner Melloni narrated a PowerPoint presentation and responded to City Council inquiries.

Mayor Quintanilla closed the public hearing, there being no member of the public wishing to speak.

Motion by: Councilmember Kelly
Seconded by: Councilmember Trubee
Introduce Ordinance No. 1418 entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER

12.36 TO THE PALM DESERT MUNICIPAL CODE REGARDING PUBLIC

RIGHT-OF-WAY VACATION PROCEDURES AND MAKING A FINDING OF EXEMPTION UNDER CEQA.”
Motion Carried (5 to 0)

15.e INTRODUCTION OF AN ORDINANCE UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING

FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Mayor Quintanilla opened the public hearing.

Principal Planner Melloni narrated a PowerPoint presentation and responded to City Council inquiries.
18 9
Mayor Quintanilla closed the public hearing, there being no other member of the public wishing to speak.

Motion by: Councilmember Kelly
Seconded by: Councilmember Trubee
Hold a public hearing and introduce Ordinance No. 1419 entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER CEQA.” Motion Carried (5 to 0)

15.f ADOPT A RESOLUTION AMENDING THE TRANSPORTATION UNIFORM

MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE

CITY OF PALM DESERT AND FINDING THE ACTION EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15378
This item was continued to a date uncertain.

16. INFORMATION ITEMS

17. ADJOURNMENT
The City Council adjourned at 5:46 p.m.

Respectfully submitted,
_________________________
Níamh M. Ortega, CMC
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
19 20
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/30/2024 - 9/30/2024
City of Palm Desert
Account Number
WR 17635073 09/30/2024 P E R S 1104150 4111500 Rounding - 26565 08/30/2024 100000017635073 0.04 WR 17635073 09/30/2024 P E R S 1100000 2161100 PERS - 26565 08/30/2024 100000017635073 2,432.08 WR 18593137 09/30/2024 US BANK P-CARD 9350 1100000 1150100 7587-LEAD Oct Air ADV R Chavez 9530 - 9/20/24 675.00 WR 18593137 09/30/2024 US BANK P-CARD 9350 1100000 1150100 7587-LEAD Oct Air ADV A Lawren 9530 - 9/20/24 675.00 WR 18593137 09/30/2024 US BANK P-CARD 9350 1104130 4363000 7587-ICC Cert A Hodges 9530 - 9/20/24 125.00 WR 18593137 09/30/2024 US BANK P-CARD 9350 1104150 4312000 4081-CSMFO V Chavez 9530 - 9/20/24 275.00 WR 18593137 09/30/2024 US BANK P-CARD 9350 1104150 4362000 7587-Wall Street Journal Subsc 9530 - 9/20/24 38.99 WR 18593137 09/30/2024 US BANK P-CARD 9350 1104150 4362000 7587-WSJ Subcription 9530 - 9/20/24 9.99 WR 18593137 09/30/2024 US BANK P-CARD 9350 1104150 4362000 7587-Wall Street Journal Subsc 9530 - 9/20/24 38.99 WR 18593137 09/30/2024 US BANK P-CARD 9350 1104154 4312101 7587-Wellness Fair 9/04/24 9530 - 9/20/24 150.80 WR 18593137 09/30/2024 US BANK P-CARD 9350 1104159 4219100 7587-CJPIA 9/16/24 snacks 9530 - 9/20/24 75.99 WR 18593137 09/30/2024 US BANK P-CARD 9350 1104159 4219100 7587-CJPIA 9/16/24 lunch 9530 - 9/20/24 412.14 WR 18593137 09/30/2024 US BANK P-CARD 9350 1104159 4365000 7587- Verizon Mthly Toll free 9530 - 9/20/24 0.47 WR 18593137 09/30/2024 US BANK P-CARD 9350 1104190 4362001 4081-Formstack FY2425 LIC FEE 9530 - 9/20/24 625.44 WR 18593137 09/30/2024 US BANK P-CARD 9350 1104190 4362001 7587- Excel Traning Ref 6/07/2 9530 - 9/20/24 -397.00 WR 18593137 09/30/2024 US BANK P-CARD 9350 1104417 4309000 4081-mailchimp-Marketing Subsc 9530 - 9/20/24 276.00 WR 18593137 09/30/2024 US BANK P-CARD 9350 2524662 4362000 7587-Library Journal Subcript 9530 - 9/20/24 179.99 WR 31423933 09/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160100 Federal W/H P/D 09/11/2024 42983126 61,300.70 WR 31423933 09/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160101 SocialSec W/H P/D 09/11/2024 42983126 1,224.22 WR 31423933 09/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160300 Medicare W/H P/D 09/11/2024 42983126 18,188.85 WR 34923383 09/30/2024 P E R S 1104150 4111500 Rounding 26565 09/06/2024 100000017635029 0.45 WR 34923383 09/30/2024 P E R S 1100000 2161100 PERS 26565 09/06/2024 100000017635029 63,388.74 WR 34999917 09/30/2024 P E R S 1104150 4111500 Rounding 1105 09/06/2024 100000017634971 0.25 WR 34999917 09/30/2024 P E R S 1100000 2161100 PERS 1105 09/06/2024 100000017634971 54,854.15 WR 36141347 09/30/2024 STATE OF CALIFORNIA 1100000 2160200 PIT W/H PD: 09/11/2024 7996534 25,489.29 WR 36498817 09/30/2024 I C M A RETIREMENT TRUST 1100000 2162600 Retire Hlth Sv-PayDay 09/11/24 6188034 7,532.86 WR 36498817 09/30/2024 I C M A RETIREMENT TRUST 6100000 1029200 Retire Hlth Sv-PayDay 09/11/24 6188034 7,532.86 Report Date 09/30/2024 Page 1
City and Housing
Docusign Envelope ID: A421331F-A6C6-48DC-B830-68FF34642190 21 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/30/2024 - 9/30/2024
City of Palm Desert
Account Number
WR 36498817 09/30/2024 I C M A RETIREMENT TRUST 6100000 2162200 Retire Hlth Sv-PayDay 09/11/24 6188034 -7,532.86 WR 36628416 09/30/2024 Empower Retirement LLC 6100000 2162201 401-A Retire PayDay: 09/11/24 1221825838 -16,093.17 WR 36628416 09/30/2024 Empower Retirement LLC 1100000 2162201 401-A Retire PayDay: 09/11/24 1221825838 16,093.17 WR 36628416 09/30/2024 Empower Retirement LLC 6100000 1029201 401-A Retire PayDay: 09/11/24 1221825838 16,093.17 WR 37157329 09/30/2024 Empower Retirement LLC 6100000 1029300 Deferred Comp PayDay 09/11/24 1221824501 22,638.50 WR 37157329 09/30/2024 Empower Retirement LLC 6100000 2162100 DEFERRED COMP PAYDAY 09/11/24 1221824501 -4,490.00 WR 37157329 09/30/2024 Empower Retirement LLC 1100000 2162300 Deferred Comp PayDay 09/11/24 1221824501 22,638.50 WR 37157329 09/30/2024 Empower Retirement LLC 6100000 1029100 DEFERRED COMP PAYDAY 09/11/24 1221824501 4,490.00 WR 37157329 09/30/2024 Empower Retirement LLC 1100000 2162100 DEFERRED COMP PAYDAY 09/11/24 1221824501 4,490.00 WR 37157329 09/30/2024 Empower Retirement LLC 6100000 2162300 Deferred Comp PayDay 09/11/24 1221824501 -22,638.50 WR 60741200 09/30/2024 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 09-30-24 2505490914 707.54 WR 60741200 09/30/2024 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 09-30-24 2505490914 336.86 WR 63770373 09/30/2024 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 08-31-24 2505462552 756.44 WR 63770373 09/30/2024 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 08-31-24 2505462552 336.86 WR 64175258 09/30/2024 STERLING ADMINISTRATION 1100000 2161600 FSA HEALTH CARE 09/11/2024 806432 3,291.66 WR 64175258 09/30/2024 STERLING ADMINISTRATION 1100000 2161600 FSA DEPENDANT CARE 09/11/2024 806432 1,438.32 WR 65644054 09/30/2024 STATE OF CALIFORNIA 1100000 2160200 PIT W/H PD: 09/13/2024 8003083 102.18 WR 65800919 09/30/2024 I C M A RETIREMENT TRUST 1100000 2162600 Retire Hlth Sv-PayDay 09/25/24 6987989 7,616.42 WR 65800919 09/30/2024 I C M A RETIREMENT TRUST 6100000 1029200 Retire Hlth Sv-PayDay 09/25/24 6987989 7,616.42 WR 65800919 09/30/2024 I C M A RETIREMENT TRUST 6100000 2162200 Retire Hlth Sv-PayDay 09/25/24 6987989 -7,616.42 WR 66481049 09/30/2024 Empower Retirement LLC 6100000 1029201 401-A Retire PayDay: 09/25/24 1225504233 16,871.36 WR 66481049 09/30/2024 Empower Retirement LLC 6100000 2162201 401-A Retire PayDay: 09/25/24 1225504233 -16,871.36 WR 66481049 09/30/2024 Empower Retirement LLC 1100000 2162201 401-A Retire PayDay: 09/25/24 1225504233 16,871.36 WR 66482715 09/30/2024 Empower Retirement LLC 1100000 2162300 Deferred Comp PayDay 09/25/24 1225502578 22,230.83 WR 66482715 09/30/2024 Empower Retirement LLC 6100000 1029100 DEFERRED COMP PAYDAY 09/25/24 1225502578 4,490.00 WR 66482715 09/30/2024 Empower Retirement LLC 6100000 2162300 Deferred Comp PayDay 09/25/24 1225502578 -22,230.83 WR 66482715 09/30/2024 Empower Retirement LLC 6100000 1029300 Deferred Comp PayDay 09/25/24 1225502578 22,230.83 Report Date 09/30/2024 Page 2
City and Housing
Docusign Envelope ID: A421331F-A6C6-48DC-B830-68FF34642190 22 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/30/2024 - 9/30/2024
City of Palm Desert
Account Number
WR 66482715 09/30/2024 Empower Retirement LLC 6100000 2162100 DEFERRED COMP PAYDAY 09/25/24 1225502578 -4,490.00 WR 66482715 09/30/2024 Empower Retirement LLC 1100000 2162100 DEFERRED COMP PAYDAY 09/25/24 1225502578 4,490.00 WR 66528950 09/30/2024 P E R S 1104150 4111500 Rounding - 1105 08/30/2024 100000017635011 0.01 WR 66528950 09/30/2024 P E R S 1100000 2161100 PERS - 1105 08/30/2024 100000017635011 615.32 WR 69326030 09/30/2024 STERLING ADMINISTRATION 1100000 2161600 FSA HEALTH CARE 09/25/2024 808311 3,291.66 WR 69326030 09/30/2024 STERLING ADMINISTRATION 1100000 2161600 FSA DEPENDANT CARE 09/25/2024 808311 1,438.32 WR 74008387 09/30/2024 STATE OF CALIFORNIA 1100000 2160200 PIT W/H PD: 09/25/2024 8012570 25,516.74 WR 74685700 09/30/2024 P E R S 1104150 4111500 Rounding 26565 09/20/2024 100000017635051 0.48 WR 74685700 09/30/2024 P E R S 1100000 2161100 PERS 26565 09/20/2024 100000017635051 64,140.02 WR 74706855 09/30/2024 P E R S 1104150 4111500 Rounding 1105 09/20/2024 100000017634992 0.24 WR 74706855 09/30/2024 P E R S 1100000 2161100 PERS 1105 09/20/2024 100000017634992 54,692.56 WR 78102478 09/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160100 Federal W/H P/D 09/13/2024 93286045 862.96 WR 78102478 09/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160300 Medicare W/H P/D 09/13/2024 93286045 454.42 WR 78184425 09/30/2024 I C M A RETIREMENT TRUST 1100000 2162600 Retire Hlth Sv-PayDay 09/13/24 6482644 233.76 WR 78184425 09/30/2024 I C M A RETIREMENT TRUST 6100000 1029200 Retire Hlth Sv-PayDay 09/13/24 6482644 233.76 WR 78184425 09/30/2024 I C M A RETIREMENT TRUST 6100000 2162200 Retire Hlth Sv-PayDay 09/13/24 6482644 -233.76 WR 78189375 09/30/2024 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 Health Premium Emp 09/2024 100000017647816 225,603.28 WR 78189375 09/30/2024 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 Health Premium CC 09/2024 100000017647816 7,454.83 WR 78189375 09/30/2024 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 EMP ADJ 09/2024 100000017647816 2,478.76 WR 78189375 09/30/2024 PUBLIC EMPLOYEES' RETIREMENT 5764192 4119000 Health Premium Retiree 09/2024 100000017647816 15,959.60 WR 79450313 09/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160100 Federal W/H P/D 09/25/2024 83466685 61,520.02 WR 79450313 09/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160101 SocialSec W/H P/D 09/25/2024 83466685 1,237.64 WR 79450313 09/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160300 Medicare W/H P/D 09/25/2024 83466685 18,079.54 Report Date 09/30/2024 Page 3
City and Housing
Docusign Envelope ID: A421331F-A6C6-48DC-B830-68FF34642190 23 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/30/2024 - 9/30/2024
City of Palm Desert
Account Number
Examined and Approved Total For Bank ID - WR
822,553.73 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 09/30/2024 Page 4
City and Housing
Docusign Envelope ID: A421331F-A6C6-48DC-B830-68FF34642190 24 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
10/7/2024 - 10/7/2024
City of Palm Desert
Account Number
W1 02004472 10/07/2024 BURRTEC 2774373 4351800 TRASH PICKUP SRV PP East 433101-10/24 8,989.36 W1 02004472 10/07/2024 BURRTEC 2774373 4351800 TRASH PICKUP SRV PP West 433104-10/24 7,392.96 W1 02004472 10/07/2024 BURRTEC 5104195 4369601 73710 FW TRASH PICKUP SRV 208162-10/24 519.27 W1 02004472 10/07/2024 BURRTEC 5104195 4369602 73720 FW TRASH PICKUP SRV 208189-10/24 372.91 W1 02004473 10/07/2024 COACHELLA VALLEY WATER DIST. 4254430 4395000 iHUB CVWD Sept 2024 720041309104SP24 66.02 W1 02004474 10/07/2024 COX SUBSCRIPTIONS INC 2520000 1430100 FY25/26 WT COX SUBSCRIPTN 3140670 1,588.24 W1 02004474 10/07/2024 COX SUBSCRIPTIONS INC 2524662 4362000 FY24/25 WT COX SUBSCRIPTN 3140670 4,559.23 W1 02004475 10/07/2024 JOE GONSALVES & SON CORP 1104112 4309000 Oct24 Retainer Legislative 161934 3,000.00 W1 02004476 10/07/2024 NEAL ENNIS 1104300 4311500 2024-09 PWX24 MILAGE 0924-NE-PWX24 14.74 W1 02004476 10/07/2024 NEAL ENNIS 1104300 4312000 2024-09 PWX24 AIRFARE 0924-NE-PWX24 637.96 W1 02004476 10/07/2024 NEAL ENNIS 1104300 4312000 2024-09 PWX24 LODGING 0924-NE-PWX24 1,137.56 W1 02004476 10/07/2024 NEAL ENNIS 1104300 4312000 2024-09 PWX24 AIRPORT PARKING 0924-NE-PWX24 100.00 W1 02004476 10/07/2024 NEAL ENNIS 1104300 4312000 2024-09 PWX24 TRANSPORTATION 0924-NE-PWX24 95.40 W1 02004476 10/07/2024 NEAL ENNIS 1104300 4312000 2024-09 PWX24 MEALS 0924-NE-PWX24 333.00 Examined and Approved Total For Bank ID - W1
28,806.65 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 10/07/2024 Page 1
City and Housing
Docusign Envelope ID: C2134DE2-CB54-429F-88A1-F7DDAC72C9FE 25 26
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
W1 00002849 10/10/2024 JOSLYN CENTER 1104800 4389300 FY 24/25 JOSLYN CENTER QUARTLY 13491 61,510.23 W1 00002850 10/10/2024 A+ WINDOW & GUTTER CLEANING 1104340 4331000 R/M BLDGS - CITY HALL 9259 3,000.00 W1 00002851 10/10/2024 AETNA RESOURCES FOR LIVING 1104154 4309000 NOV2024 Employee Assistance E0328949 173.75 W1 00002852 10/10/2024 Amazon Capital Services Inc. 1104154 4211000 Bulletin Board - A. Molina 19WC-N17Q-16RR 49.45 W1 00002853 10/10/2024 CDW LLC 1104190 4212000 Startech Monitor Stand AA8U77F 181.74 W1 00002854 10/10/2024 CITY NET 2254212 4309000 Street outreach - 07/24 2024-0700121 10,403.48 W1 00002854 10/10/2024 CITY NET 2254212 4309000 Street outreach - 08/24 2024-0800121 11,564.45 W1 00002854 10/10/2024 CITY NET 2264212 4309000 Street outreach exp - 07/24 2024-0700121 10,403.48 W1 00002854 10/10/2024 CITY NET 2264212 4309000 Street outreach- 08/24 2024-0800121 11,564.45 W1 00002855 10/10/2024 COACHELLA VALLEY ECONOMIC 1104430 4309102 1ST INSTAL F&P- FY24/25 C45420 4063-RI 12,500.00 W1 00002856 10/10/2024 CORNERSTONE RESTAURANT SUPPLY & 1104610 4404000 APPLIANCES - CC SNACKBAR INV003854 17,713.00 W1 00002857 10/10/2024 EVERBRIDGE INC 1104211 4309000 Nexile Engage 11/1/24-6/30/24 M83861 3,480.00 W1 00002857 10/10/2024 EVERBRIDGE INC 1100000 1430100 Nexile Engage 7/1/25-10/31/25 M83861 1,740.00 W1 00002858 10/10/2024 FG CREATIVE INC 1104430 4309000 Merchant Business 10/24 10270 1,500.00 W1 00002858 10/10/2024 FG CREATIVE INC 2714491 4321500 Monthly Agency Fee Sep 24 10275 3,350.00 W1 00002858 10/10/2024 FG CREATIVE INC 2714491 4321500 Print Ads/Graphic Design 10275 1,100.00 W1 00002858 10/10/2024 FG CREATIVE INC 2714491 4321500 Social Media Monthly 9/24 10275 2,500.00 W1 00002858 10/10/2024 FG CREATIVE INC 2714491 4321500 PR/Influencers 10275 500.00 W1 00002858 10/10/2024 FG CREATIVE INC 2714491 4321500 Merchant Relations 10275 1,800.00 W1 00002858 10/10/2024 FG CREATIVE INC 2424549 4309000 Lamar 116329209 Sept PDAC 10272 2,200.00 W1 00002858 10/10/2024 FG CREATIVE INC 2424549 4309000 Radio:764127-2 U-92 Aug/sept 10272 2,000.00 W1 00002858 10/10/2024 FG CREATIVE INC 2424549 4309000 Radio: 764131-2 Mix 100.5 Aug/ 10272 2,000.00 W1 00002858 10/10/2024 FG CREATIVE INC 2424549 4309000 Retainer : Monthly account man 10272 1,800.00 W1 00002858 10/10/2024 FG CREATIVE INC 2424549 4309000 Public Relations Services 10272 300.00 W1 00002858 10/10/2024 FG CREATIVE INC 2424549 4309000 Social Media: assist staff wit 10272 1,000.00 W1 00002858 10/10/2024 FG CREATIVE INC 2424549 4309000 Facebook Campaigns 10272 63.73 W1 00002858 10/10/2024 FG CREATIVE INC 2714491 4321500 Website maintenance - 08/24 10267 250.00 Report Date 10/10/2024 Page 1
City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3 27 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
W1 00002858 10/10/2024 FG CREATIVE INC 2714491 4321500 Website fees - Des Pub - 08/24 10267 250.00 W1 00002859 10/10/2024 FIRSTCHOICE COFFEE SERVICE 1104340 4219000 KITCHEN/COFFEE SUPPLIES - CH 746232 1,774.67 W1 00002860 10/10/2024 GRANICUS INC 1100000 1430100 Granicus Essentials Package 3 189748 857.50 W1 00002860 10/10/2024 GRANICUS INC 1104190 4362001 Granicus Essentials Package 3 189748 9,432.50 W1 00002860 10/10/2024 GRANICUS INC 1100000 1430100 Granicus Renewal-GovAccess/CS 191545 5,338.00 W1 00002860 10/10/2024 GRANICUS INC 1104190 4362001 CS Platform Renewal 7/25-9/30 190431 1,937.98 W1 00002860 10/10/2024 GRANICUS INC 1104190 4362001 Granicus Renewal-GovAccess/CS 191545 16,013.95 W1 00002861 10/10/2024 HORIZON PROFESSIONAL LANDSCAPE 4414195 4332000 LMA 6 EXTRA WORK -DW PERIMETER 6734 2,380.17 W1 00002862 10/10/2024 KIMLEY-HORN AND ASSOCIATES INC. 2134250 5000907 AMEND 3 - EXTEND TERM/INCREASE 29313984 40,647.50 W1 00002863 10/10/2024 MARIPOSA LANDSCAPES INC 1104614 4392101 EXTRA WORK - ENTRADA 109771 5,059.42 W1 00002864 10/10/2024 OTIS ELEVATOR CO 1104330 4309000 OCT24 ELEVATOR SVC - CORP YARD 100401690784 213.94 W1 00002864 10/10/2024 OTIS ELEVATOR CO 5104195 4369500 OCT24 ELEVATOR SVC SHERIFF CTR 100401689161 215.99 W1 00002865 10/10/2024 PALM DESERT CHAMBER OF COMMERCE 1104130 4312500 BusinessBreakfast 9/10/24 Ivan 75513 35.00 W1 00002866 10/10/2024 PRO-CRAFT CONSTRUCTION INC 2424549 4331101 R/M PLUMBING SRV - PDAC 24124-3 1,348.81 W1 00002867 10/10/2024 PYE BAKER 1104340 4309000 ALARM MONITORING - CITY HALL 4930307 144.00 W1 00002867 10/10/2024 PYE BAKER 1104344 4309000 ALARM MONITORING - PCC 4930123 225.00 W1 00002867 10/10/2024 PYE BAKER 4254430 4395000 ALARM MONITORING - IHUB 4930277 144.00 W1 00002867 10/10/2024 PYE BAKER 5104195 4369601 ALARM MONITORING - PARKVIEW 4930189 432.00 W1 00002867 10/10/2024 PYE BAKER 5104195 4369602 ALARM MONITORING - STATE BLDG 4930182 144.00 W1 00002867 10/10/2024 PYE BAKER 5104195 4369602 ALARM MONITORING - STATE BLDG 4930183 144.00 W1 00002867 10/10/2024 PYE BAKER 5104195 4369800 ALARM MONITORING - HENDERSON 4930187 432.00 W1 00002867 10/10/2024 PYE BAKER 5104195 4369800 ALARM MONITORING - HENDERSON 4930188 144.00 W1 00002867 10/10/2024 PYE BAKER 1104330 4309000 ALARM MONITORING - CORPYARD 4931406 315.00 W1 00002867 10/10/2024 PYE BAKER 1104340 4309000 ALARM MONITORING - HIST SOC 4930308 432.00 W1 00002867 10/10/2024 PYE BAKER 1104340 4309000 ALARM MONITORING - CITY HALL 4931404 144.00 W1 00002867 10/10/2024 PYE BAKER 1104340 4309000 ALARM MONITORING - CITY HALL 4931405 288.00 W1 00002868 10/10/2024 SANT MADE 1104417 4302600 FY 24/25 BRIGHTSIDE Sep/Oct 2998 2,000.00 Report Date 10/10/2024 Page 2
City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3 28 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
W1 00002868 10/10/2024 SANT MADE 1104417 4302600 BRIGHTSIDE DESIGN SVC Nov/Dec 3039 2,000.00 W1 00002868 10/10/2024 SANT MADE 1104190 4362001 HOSTING DISCOVER PD 08/24 2987 700.00 W1 00002869 10/10/2024 VERIZON WIRELESS SERVICES LLC 1100000 2289950 Verizon AUG24-SEP23 9974589060 5,506.89 W1 00002869 10/10/2024 VERIZON WIRELESS SERVICES LLC 1100000 2289950 Verizon MIFI AUG29-SEP28 9974973390 2,246.91 W1 00002870 10/10/2024 VINTAGE ASSOCIATES 1104611 4332001 LMA 16 EXTRA WORK - PARKS 234114 3,132.19 W1 00002870 10/10/2024 VINTAGE ASSOCIATES 2764374 4332100 LMA 16 EXTRA WORK - HAYSTACK 234114 946.83 W1 00002871 10/10/2024 VISUAL EDGE IT INC 1104190 4342000 Usage&Supplies-3TX417599-SEP24 24AR2111456 2,007.69 W1 00002871 10/10/2024 VISUAL EDGE IT INC 1104190 4342000 Usage&Supply 3TX403772 SEP24 24AR2111457 140.45 W1 00002872 10/10/2024 WILLCORP 1104159 4219100 TO0010069- Haystack- SDS00003 2255 21,961.81 W1 00002872 10/10/2024 WILLCORP 1104159 4219100 TO0010069- Haystack- SDS00003 2253 40,258.06 W1 00002872 10/10/2024 WILLCORP 1104159 4219100 TO0010069- Haystack- SDS00003 2249 55,557.53 W1 00002872 10/10/2024 WILLCORP 1104159 4219100 TO0010069- Haystack- SDS00003 2248 36,064.73 W1 00002872 10/10/2024 WILLCORP 1104159 4219100 TO0010069- Haystack- SDS00003 2246 30,860.69 W1 00002873 10/10/2024 SMART SOURCE LLC 2524662 4211200 Link+ transportation bags 1573801 412.88 W1 02004478 10/10/2024 ANNE FAITH NICHOLLS 4364650 4400200 Artist honorarium for the 2025 NICHOLLSC47500G 4,000.00 W1 02004479 10/10/2024 ANSER ADVISORY MANAGEMENT LLC 5304310 4404500 TO009639- Corp Yard, Sheriff 26822 2,925.00 W1 02004480 10/10/2024 ANTHEM BLUE CROSS EAP 2300000 3412400 EMS 9/28/2022 Run 22-609660 458A52227 400.00 W1 02004481 10/10/2024 BECK OIL INC 1104331 4217000 GAS AND DIESEL FUEL 133310 4,267.80 W1 02004482 10/10/2024 BIO TOX LABORATORIES 1104210 4390400 24/25 BLOOD & URINE ANALYSIS S 46432 846.72 W1 02004482 10/10/2024 BIO TOX LABORATORIES 1104210 4390400 24/25 BLOOD & URINE ANALYSIS 46433 798.65 W1 02004483 10/10/2024 CASH, PETTY 1104150 4312500 NEW YEAR ICE CREAM 7/01/24 SCASTRO7/01/24 31.89 W1 02004483 10/10/2024 CASH, PETTY 1104154 4305600 NH live scan M Barroso ELI HR 8/14/24 59.00 W1 02004483 10/10/2024 CASH, PETTY 1104417 4312500 COFFEE W/MAYOR 7/10/24 VMAGER7/10/24 37.98 W1 02004483 10/10/2024 CASH, PETTY 1104417 4312500 COFFEE W/MAYOR 7/10/24 VMAGER7/10 22.00 W1 02004483 10/10/2024 CASH, PETTY 1104430 4311500 ICSC mileage 9/24-9/25 ECeja ECEJA 9/24/25 34.58 W1 02004483 10/10/2024 CASH, PETTY 1104430 4312500 COMM MEETINGS HAYSTACK 6/26/24 VMAGER 6/26/24 11.98 W1 02004483 10/10/2024 CASH, PETTY 1104430 4312500 COMM MEETINGS HAYSTACK 6/26/24 VMAGER 6/26 15.47 Report Date 10/10/2024 Page 3
City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3 29 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
W1 02004483 10/10/2024 CASH, PETTY 1104430 4312500 COMM MEETINGS REFUGE 6.25.24 VMAGER 6.25.24 25.84 W1 02004483 10/10/2024 CASH, PETTY 4364650 4219000 CAC CUPS ART COMMIT VMAGER 8/06/24 37.03 W1 02004483 10/10/2024 CASH, PETTY 4364650 4312500 CULTURAL ARTS MEETING 6/12/24 EPOWELL6/12 11.48 W1 02004483 10/10/2024 CASH, PETTY 4364650 4366000 Postage for Sunburst EPOWELL 9/23/24 26.65 W1 02004484 10/10/2024 CEJA, ERIC 1104130 4311500 LOCC 2024 10/15-10/17/24 ADV MILE10/15/24 172.19 W1 02004484 10/10/2024 CEJA, ERIC 1104130 4312000 LOCC 2024 10/15 - 10/17/2024 ADV PDM 10/15/24 215.00 W1 02004485 10/10/2024 CHARLES SHERMAN 4364650 4400200 Artist honorarium for the 2025 SHERMANC47500Q 4,000.00 W1 02004486 10/10/2024 CHARTER COMMUNICATIONS 1104190 4365000 10/01-10/31 City Hall Internet 189329401100124 115.21 W1 02004487 10/10/2024 COACHELLA VALLEY ECONOMIC 1104130 4312500 CVEP EconSummit24 Chris Escobe 4078 150.00 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 1131 HOVLEY SOCCER PARK 315303847830SP24 1,713.39 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 10049 FREEDOM PARK 315491848018SP24 10,571.65 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 1104614 4351000 1089 MEDIANS 315239847766SP24 3,847.32 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2734680 4351000 D. 1088 Desert Mirage (Cook) 315237847764SP24 339.33 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2854374 4351000 C. 1088 K/B (Heatherwood) 315237847764SP24 62.39 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2874374 4351000 H. 1088 College View Estates I 315237847764SP24 135.17 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2874680 4351000 F. 1088 The Boulders (Shepherd 315237847764SP24 119.49 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2874681 4351000 B. 1088 Sundance W (Kokopelli) 315237847764SP24 80.59 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2874682 4351000 E. 1088 Petunia Place 1 (Petun 315237847764SP24 72.78 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2874683 4351000 A. 1088 Sundance E. (Shepherd 315237847764SP24 565.64 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2874684 4351000 G. 1088 College View Estates I 315237847764SP24 181.97 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 1104310 4351000 TOWN CENTER WAY 307113813150SP24 27.38 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 1104330 4351000 1052 CORPORATION YARD 315177847704SP24 471.91 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 1104340 4351000 44911 Cabrillo Avenue 712257390932SP24 66.02 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 10364 HOVLEY SOCCER PARK 316695849222SP24 14,682.34 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 1104614 4351000 1051 ST MEDIANS "4" 315175847702SP24 4,581.06 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2304220 4351000 44400 Town Ctr - FS 33 163253444356SP24 236.09 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2734682 4351000 13 1050 Primrose II 315173847700SP24 124.77 Report Date 10/10/2024 Page 4
City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3 30 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754643 4351000 1 1050 Diamondback 315173847700SP24 209.55 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754680 4351000 18 1050 Monterey Meadows 315173847700SP24 143.13 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754681 4351000 17 1050 The Glen 315173847700SP24 105.77 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754682 4351000 2 1050 Hovley Estates 315173847700SP24 82.12 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754682 4351000 15 1050 Hovley Estates 315173847700SP24 65.31 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754683 4351000 22 1050 Sonata I 315173847700SP24 434.07 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754684 4351000 20 1050 Sonata II 315173847700SP24 153.93 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754685 4351000 16 1050 Hovley Collection 315173847700SP24 74.25 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754685 4351000 21 1050 Hovley Collection 315173847700SP24 29.89 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754686 4351000 5 1050 La Paloma I 315173847700SP24 29.89 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754686 4351000 19 1050 La Paloma I 315173847700SP24 62.63 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754687 4351000 6 1050 La Paloma II 315173847700SP24 218.12 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754693 4351000 3 1050 La Paloma III 315173847700SP24 149.71 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754694 4351000 7 1050 Sandpiper 315173847700SP24 100.16 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754695 4351000 8 1050 Sandpiper 315173847700SP24 134.30 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754696 4351000 4 1050 Hovley Court West 315173847700SP24 137.21 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2754697 4351000 14 1050 Palm Court 315173847700SP24 145.05 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 Larkspur Ln - Fire Mtr PP E/W 797761405428SP24 86.99 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 Portola Ave - Fire Mtr PP E/W 797755405410SP24 98.99 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 San Luis Rey - Fire Mtr PP E/W 797759405418SP24 86.99 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2794374 4351000 12 1050 Waring Court 315173847700SP24 53.45 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2804374 4351000 11 1050 Palm Gate 315173847700SP24 42.89 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2864374 4351000 10 1050 Canyon Crest 315173847700SP24 682.44 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 2994374 4351000 9 1050 PDCC 315173847700SP24 299.65 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 4254430 4351000 72880 Hwy 111 - Fire Mtr Sears 800643444692SP24 80.20 W1 02004488 10/10/2024 COACHELLA VALLEY WATER DIST. 4254430 4351000 72880 Hwy 111 - Fire Mtr Sears 800645741286SP24 88.25 W1 02004489 10/10/2024 CSMFO 1104150 4363000 Austin Yaple Mgmt Membership 300015625 135.00 Report Date 10/10/2024 Page 5
City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3 31 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
W1 02004490 10/10/2024 DEBRUYNE, HILDE 4364650 4400200 Artist honorarium for the 2025 DEBRUYNEC47500B 4,000.00 W1 02004491 10/10/2024 DEPARTMENT OF PESTICIDE 1104300 4363000 2024-25 DPRCERT-BC LIC90803-BC2024 140.00 W1 02004492 10/10/2024 DESERT AIR CONDITIONING INC. 5104195 4369602 R/M HVAC SRVS - STATE BLDG 253873 110.04 W1 02004492 10/10/2024 DESERT AIR CONDITIONING INC. 1104330 4331000 R/M HVRC SRVS - CORPYARD 251032 191.40 W1 02004492 10/10/2024 DESERT AIR CONDITIONING INC. 1104800 4388500 R/M HVAC SRVS - ARTIST CTR 253745 297.00 W1 02004492 10/10/2024 DESERT AIR CONDITIONING INC. 2424549 4331101 R/M HVAC SRVS - AQUATIC CTR 253686 272.25 W1 02004493 10/10/2024 DESERT ARC 1104190 4336000 FY24/25 SHREDDING SCS - TECH 12606 1,995.00 W1 02004493 10/10/2024 DESERT ARC 1104111 4309000 FY 24/25 SHREDDING SCS 12823 175.00 W1 02004494 10/10/2024 DESERT FIRE EXTINGUISHER 1104340 4331000 R/M FIRE SYSTEM - CITY HALL 12484534 550.00 W1 02004495 10/10/2024 DESERT RECREATION DISTRICT 1104344 4309000 AG24 PARKS/REC SRVS -PORTOLA C 3752 10,307.97 W1 02004495 10/10/2024 DESERT RECREATION DISTRICT 1104610 4309200 AG24 PARK SRVS - CC PARK 3751 46,376.64 W1 02004496 10/10/2024 DESERT TREE SPRAYING 1104610 4332001 SP24 RODENT/GOPHER CTRL- CC 3407 310.00 W1 02004496 10/10/2024 DESERT TREE SPRAYING 1104611 4332001 GOPHER/RODENT CONTROL - PARKS 3407 305.00 W1 02004496 10/10/2024 DESERT TREE SPRAYING 1104611 4391000 RODENT/GOPHER CONTROL - GARDEN 3407 90.00 W1 02004496 10/10/2024 DESERT TREE SPRAYING 1104614 4392101 RODENT/GOPHER CONTROL - ENTRAD 3407 140.00 W1 02004496 10/10/2024 DESERT TREE SPRAYING 2854374 4332100 RODENT/GOPHER CONTROL - K/B 3407 90.00 W1 02004497 10/10/2024 FLORES , CARLOS 1100000 1150100 APA CONF 9/16-19/23 C.FLORES CLR-PRDM 9/19/23 -241.50 W1 02004497 10/10/2024 FLORES , CARLOS 1100000 1430100 APA CONF 9/16-19/23 C.FLORES CLR-LDG 9/19/23 -647.49 W1 02004497 10/10/2024 FLORES , CARLOS 1100000 1430100 APA CONF 9/16-19/23 C.FLORES CLR-MLG 9/19/23 -444.09 W1 02004497 10/10/2024 FLORES , CARLOS 1104470 4311500 APA CONF 9/16-19/23 C.FLORES MLG 9/19/23 469.64 W1 02004497 10/10/2024 FLORES , CARLOS 1104470 4312000 APA CONF 9/16-19/23 C.FLORES LDG 9/19/23 647.49 W1 02004497 10/10/2024 FLORES , CARLOS 1104470 4312000 APA CONF 9/16-19/23 C.FLORES PRDM 9/19/23 241.50 W1 02004498 10/10/2024 FOSTER GARDNER INC. 1104611 4332001 FERTILIZER - HOVLEY 282853 2,822.69 W1 02004498 10/10/2024 FOSTER GARDNER INC. 1104614 4337001 FERTILIZER - EL PASEO 282745 1,720.45 W1 02004499 10/10/2024 Gay Desert Guide 1104417 4322100 Advertising KGAY Desert Guide 20242936 100.00 W1 02004500 10/10/2024 GHORBANI, MAHMOUD 2300000 3412400 EMS 8/7/22 Ref Run 22-480937 OVERPAYMENT 181.00 W1 02004501 10/10/2024 GLS US 1104111 4366000 Western Natl Group Contract 5374918 3.80 Report Date 10/10/2024 Page 6
City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3 32 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
W1 02004501 10/10/2024 GLS US 1104111 4366000 Richards, Watson & Gershon Con 5374918 4.87 W1 02004502 10/10/2024 GOVERNMENT FINANCE OFFICERS 1104150 4312000 A. Yaple-GAAP Update Training 3161694 150.00 W1 02004502 10/10/2024 GOVERNMENT FINANCE OFFICERS 1104150 4312000 Sarah S. GAAP Update Training 3161274 135.00 W1 02004503 10/10/2024 GRANITE CONSTRUCTION CO INC. 1104310 4332000 R/M STREETS - PIEROS PIZZA 2798115 157.79 W1 02004504 10/10/2024 GREATER COACHELLA VALLEY 1104110 4312500 Harnik GCV SOM-10/01/24 34369382 30.00 W1 02004505 10/10/2024 HERITAGE PROVIDER NETWORK INC 2300000 3412400 EMS 11/6/23 Run 23-717859 20130700942300 589.82 W1 02004506 10/10/2024 HORIZON LIGHTING INC. 2304220 4331000 ELECT/LIGHTING - FS #33 363965 16,488.11 W1 02004506 10/10/2024 HORIZON LIGHTING INC. 2304220 4331000 ELECT/LIGHTING - FS 71 364037 7,219.83 W1 02004507 10/10/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 37998 Gerald Ford Dr 50514026-SP24 39.24 W1 02004507 10/10/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 37996 Gerald Ford Dr Signal LT 50514028-SP24 64.42 W1 02004507 10/10/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Miriam 50087452-SP24 72.10 W1 02004507 10/10/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Monterrey 50087432-SP24 77.65 W1 02004507 10/10/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Miriam 50087411-SP24 40.31 W1 02004507 10/10/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Shopper 50087402-SP24 40.61 W1 02004507 10/10/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Monterey 50087443-SP24 42.16 W1 02004507 10/10/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 75398 Frank Sinatra Dr 50540840-SP24 51.99 W1 02004507 10/10/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 75394 Frank Sinatra Dr St Ligh 50540839-SP24 29.55 W1 02004507 10/10/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 72800 Dinah Shore Drive 50087423-SP24 66.43 W1 02004507 10/10/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 75396 Frank Sinatra Dr 50540835-SP24 42.16 W1 02004507 10/10/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 33108 Mont Safety Lt 50887764-SP24 120.03 W1 02004507 10/10/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 34249 Monterey Ave 50488446-SP24 16.95 W1 02004508 10/10/2024 IMPERIAL SPRINKLER 4004388 4400100 SMART IRRIGATION CONTROLLERS 0017074840 33,565.28 W1 02004509 10/10/2024 KAREN & TONY BARONE 4364650 4400100 Purchase of Swirly Girl (Super C48220 17,700.00 W1 02004510 10/10/2024 KELLAR EQUIPMENT 1104310 4343000 BROOM SWEEPER RENTAL 4278 13,468.75 W1 02004511 10/10/2024 LOWE'S HOME CENTERS INC. 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 975389-092524 131.50 W1 02004511 10/10/2024 LOWE'S HOME CENTERS INC. 4004618 4400100 COMMUNITY GARDENS 975384-092524 164.08 W1 02004512 10/10/2024 LUA, ROSA MARIA 1100000 1150100 ESRI 7/10-14/23 R.LUA CLR ADV 7/6/23 -1,803.82 Report Date 10/10/2024 Page 7
City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3 33 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
W1 02004512 10/10/2024 LUA, ROSA MARIA 1100000 1150100 SEI 7/15-29/23 R.LUA CLR MILE 7/29/23 -14.67 W1 02004512 10/10/2024 LUA, ROSA MARIA 1100000 1150100 SEI 7/15-29/23 R.LUA CLR LDG 7/29/23 -278.00 W1 02004512 10/10/2024 LUA, ROSA MARIA 1100000 1150100 SEI 7/15-29/23 R.LUA CLR PRDM 7/29/23 -1,000.50 W1 02004512 10/10/2024 LUA, ROSA MARIA 1104154 4312101 SEI 7/15-29/23 R.LUA PRDM 7/29/23 1,000.50 W1 02004512 10/10/2024 LUA, ROSA MARIA 1104154 4312101 SEI 7/15-29/23 R.LUA LDG 7/29/23 314.98 W1 02004512 10/10/2024 LUA, ROSA MARIA 1104154 4312101 SEI 7/15-29/23 R.LUA CHCKD BAG7/29/23 60.00 W1 02004512 10/10/2024 LUA, ROSA MARIA 1104154 4312101 SEI 7/15-29/23 R.LUA MILEAGE 7/29/23 14.67 W1 02004512 10/10/2024 LUA, ROSA MARIA 1104470 4311500 ESRI 7/10-14/23 R.LUA MILE 7/14/23 159.82 W1 02004512 10/10/2024 LUA, ROSA MARIA 1104470 4312000 ESRI 7/10-14/23 R.LUA PARK 7/14/23 120.00 W1 02004512 10/10/2024 LUA, ROSA MARIA 1104470 4312000 ESRI 7/10-14/23 R.LUA PRDM 7/14/23 333.00 W1 02004512 10/10/2024 LUA, ROSA MARIA 1104470 4312000 ESRI 7/10-14/23 R.LUA LDG 7/14/23 1,274.82 W1 02004513 10/10/2024 MARGARET SULLIVAN STUDIO 1104159 4309000 Rem bal of exps on Inv. 50231 50231A 877.27 W1 02004514 10/10/2024 MARINA LANDSCAPE INC 4410000 2060000 RTNT P117085/C46310A 152402-03-RTNT -99.00 W1 02004514 10/10/2024 MARINA LANDSCAPE INC 4410000 2060000 RTNT P117085/C46310A 152402-04-RTNT -102.00 W1 02004514 10/10/2024 MARINA LANDSCAPE INC 4414195 4809200 DW Parking Lot Landscape Proje 152402-03 1,980.00 W1 02004514 10/10/2024 MARINA LANDSCAPE INC 4414195 4809200 DW Parking Lot Landscape Proje 152402-04 2,040.00 W1 02004515 10/10/2024 MILLER, MIRIAM 1104420 4362000 REIMB BUILD CALC - BLDRS BOOK 320538 290.80 W1 02004516 10/10/2024 MUDZIMU SCULPTURE GROUP 4364650 4400200 2025/26 El Paseo Sculpture MUDZIMUC47500E 4,000.00 W1 02004517 10/10/2024 NANCE, MICHELLE 1104416 4306101 Reimburse: Golf Cart Parade 105566 36.85 W1 02004517 10/10/2024 NANCE, MICHELLE 1104416 4306101 Reimburse: Golf Cart Parade 171250 23.48 W1 02004518 10/10/2024 OZZIE'S INTERNATIONAL 1104331 4334000 R/M CITY FLEET # 65 CITY OWNED 36854 416.82 W1 02004519 10/10/2024 PALM DESERT ACE HARDWARE 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 247490 193.89 W1 02004520 10/10/2024 PALMER ELECTRIC 5104195 4369601 R/M ELECT - PARKVIEW 5941 377.73 W1 02004521 10/10/2024 PENTA, RYLAND 1104417 4312500 Civic Academy - Staples RPENT REIM 10.7 51.71 W1 02004521 10/10/2024 PENTA, RYLAND 1104417 4312500 Civic Academy - Casuelas Cafe RPENT REIM 10.7 525.28 W1 02004521 10/10/2024 PENTA, RYLAND 1104417 4312500 Civic Academy - Albertsons RPENT REIM 10.7 45.98 W1 02004522 10/10/2024 PROPER SOLUTIONS INC. 1104111 4300300 Full Time Temporary Employee 16394 1,348.66 Report Date 10/10/2024 Page 8
City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3 34 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
W1 02004522 10/10/2024 PROPER SOLUTIONS INC. 1104300 4300300 TEMP STAFF SERVICES - PW 16368 1,401.20 W1 02004523 10/10/2024 QUINN COMPANY 1104330 4331000 PM 5 GENERATOR SVCS - CY #375 WOG00020280 1,800.00 W1 02004523 10/10/2024 QUINN COMPANY 1104330 4331000 R/M GENERATORS - CY #375 WOG00020611 744.18 W1 02004523 10/10/2024 QUINN COMPANY 1104340 4331000 PM 5 GENERATOR SVCS - JOSLYN WOG00020279 1,350.00 W1 02004524 10/10/2024 RANCHO MIRAGE CHAMBER OF 1104430 4312500 State of the City V Mager 2024 113074 95.00 W1 02004525 10/10/2024 RAYMOND KATZ 4364650 4400200 Artist honorarium for the 2025 GALLC47500M 4,000.00 W1 02004526 10/10/2024 SERGIO SAMANIEGO 1104300 4391500 2024-09 BOOT REIMB - SS 0924BOOTREIMB-SS 250.00 W1 02004527 10/10/2024 SHAFFER, GARY 2524662 4312500 SHAFFER MIL. REIMB. 122123 74.15 W1 02004528 10/10/2024 SKYLINE SAFETY AND SUPPLY 1104310 4219000 300 AMERICAN FLAGS AND POLES 8705 12,891.85 W1 02004529 10/10/2024 SO CAL GAS 1104340 4351200 73510 FW City Hall 20092710001-SP24 43.43 W1 02004530 10/10/2024 SOULE, THOMAS 1104417 4311500 TS - Cal Travel Summit - Milea MILEAGE 9/12/24 124.62 W1 02004530 10/10/2024 SOULE, THOMAS 1104417 4312000 TS - CalTravel Summit - LDG LDG 9/9/24 1,129.23 W1 02004530 10/10/2024 SOULE, THOMAS 1104417 4312000 TS - Cal Travel Summit - REG REG 9/9/24 1,299.00 W1 02004530 10/10/2024 SOULE, THOMAS 1104417 4312000 TS - Cal Travel Summit - PDM PDM 9/9/24 259.00 W1 02004530 10/10/2024 SOULE, THOMAS 1104417 4312000 TS-CalTravel Summit - PKG PKG 9/9/24 45.00 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 1104611 4351400 73510 FW PARKS 700530811124SP24 1,494.36 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 1104614 4351400 72573 1/2 Hwy 111 Entrada 700822737068SE24 8.31 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 1104800 4388500 72567 Highway 111 Artist Ctr 700773993861SP24 5,368.85 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2734680 4351000 (3) Desert Mirage (38601 Cook) 700017585033SP24 18.23 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2734682 4351000 (4) Primrose (75530 Hovley) 700017585033SP24 14.30 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2754680 4351000 (21) Monterey Meadows (73100 H 700017585033SP24 14.29 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2754681 4351000 (20) The Glen (40730 M) 700017585033SP24 14.52 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2754682 4351000 (18) Hovley Estates (40962 C / 700017585033SP24 31.98 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2754683 4351000 (19) Sonata I (40794) 700017585033SP24 15.45 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2754684 4351000 (5) Sonata II (73500 Hovley) 700017585033SP24 73.63 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2754685 4351000 (7) Hovley Collection (73145 H 700017585033SP24 55.28 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2754686 4351000 (8) La Paloma I (40970 A/73625 700017585033SP24 29.04 Report Date 10/10/2024 Page 9
City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3 35 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2754687 4351000 (10) La Paloma II (40970 Rosar 700017585033SP24 14.52 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2754693 4351000 (14) La Paloma III (40741 Sola 700017585033SP24 14.52 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2754694 4351000 (11) Sandpiper (40751 / 40972) 700017585033SP24 29.04 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2754695 4351000 (12) Sandpiper West (40753 / 4 700017585033SP24 29.04 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2754696 4351000 (13) Hovley West (40762 Hov) 700017585033SP24 16.63 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2764374 4351000 (1) Canyon Cove (Calliandra) 700017585033SP24 16.40 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2774373 4351400 (22) Presidents Plaza E/W 700017585033SP24 744.70 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2784374 4351000 (2) Vineyards (43430 Stony) 700017585033SP24 14.29 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2814374 4351000 (6) The Grove (44225 Deep Cyn) 700017585033SP24 15.69 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2824373 4351400 (15) Presidents Plaza III (731 700017585033SP24 1,171.62 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2824373 4351400 (23) Presidents Plaza III (731 700017585033SP24 330.39 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2834374 4351000 (17) Portola Place (44221) 700017585033SP24 14.52 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2854374 4351000 (9) Kaufman/Broad (73502 FS) 700017585033SP24 15.48 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 2994374 4351000 (16) Palm Desert CC (77925 Sta 700017585033SP24 22.19 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 5104195 4369800 72559 Hwy 111 Unit A 700044643888SP24 2,427.55 W1 02004531 10/10/2024 SOUTHERN CALIFORNIA EDISON 1104614 4351400 Street Power PEDESTALS 700019019320SP24 3,015.32 W1 02004532 10/10/2024 SOUTHWEST AQUATICS 1104610 4332001 SP24 R/M LAGOON - CC PARK 09-22361 4,114.00 W1 02004532 10/10/2024 SOUTHWEST AQUATICS 1104614 4392101 R/M WATER FEATURE ENTRADA 09-22361 1,030.00 W1 02004533 10/10/2024 SOUTHWEST BOULDER & STONE 1104310 4332000 R/M STREETS - YARD 673376 72.89 W1 02004533 10/10/2024 SOUTHWEST BOULDER & STONE 1104310 4332000 R/M STREETS - PIEROS PIZZA 674315 224.35 W1 02004533 10/10/2024 SOUTHWEST BOULDER & STONE 1104310 4332000 R/M STREETS - PIEROS PIZZA 674511 387.75 W1 02004534 10/10/2024 SUNLINE TRANSIT AGENCY 1104310 4332000 AG24 MAINTENANCE BUS SHELTERS INV08149 7,853.40 W1 02004535 10/10/2024 T-MOBILE USA INC 1104331 4334000 SEP24 VEHICLE GPS MONITORING 978220384-34 1,633.40 W1 02004536 10/10/2024 TOPS N BARRICADES INC. 1104310 4219000 R/M STREETS - RED PAINT 1109420 951.56 W1 02004537 10/10/2024 TPX COMMUNICATIONS 1104190 4365000 Internet/Phone Svcs SEPT24 181799612-0 7,292.15 W1 02004538 10/10/2024 TRIPEPI SMITH & ASSOCIATES INC 1100000 1430100 FY 24/25 Website Hosting Servi 13109 4,930.83 W1 02004538 10/10/2024 TRIPEPI SMITH & ASSOCIATES INC 1104114 4309000 FY 24/25 Website Hosting Servi 13109 559.17 Report Date 10/10/2024 Page 10
City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3 36 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
W1 02004539 10/10/2024 ULINE INC 2524662 4404000 Cap-Office Equipment 182737348 270.15 W1 02004539 10/10/2024 ULINE INC 2524662 4404000 Furniture 182663169 1,216.27 W1 02004540 10/10/2024 VADER, J. PATRICIA 4364650 4400200 Artist honorarium for the 2025 VADERC47500N 4,000.00 W1 02004541 10/10/2024 VALLEY TRACTOR AND FORKLIFT 1104331 4334000 R/M VEHICLES FLEET SUPPLIES 5101 854.39 W1 02004541 10/10/2024 VALLEY TRACTOR AND FORKLIFT 1104331 4334000 R/M VEHICLES FLEET SUPPLIES 5110 420.29 W1 02004542 10/10/2024 VAN DERMYDEN MAKUS LAW 1104154 4309000 Investigative Services 31498 31498 8,687.50 W1 02004543 10/10/2024 VISIT GREATER PALM SPRINGS 1104800 4322000 FY 24/25 VGPS Q2 CI-000407 117,316.25 W1 02004544 10/10/2024 WEBSTAURANT STORE INC 2364195 4219000 Trash/recycle receptacles for 102796148 5,295.75 W1 02004545 10/10/2024 WESTAF 4364650 4363000 Advertise Call for Artists C24-1801 60.00 W1 02004546 10/10/2024 WHITE CAP LP 1104310 4219000 SAFETY GLASSES 50028374092 174.61 W1 02004547 10/10/2024 WITTMAN ENTERPRISES LLC 2304220 4309000 SEP24 EMS BILLING SERVICES 24090547 14,496.00 W1 02004548 10/10/2024 XEROX FINANCIAL SERVICES 2524662 4342000 LIBR XEROX LEASE 9/14-10/13 6291473 424.07 W1 02004549 10/10/2024 XPRESS GRAPHICS 1104417 4361000 Measure G - Postcards/Flyer 24-64969 133.90 W1 02004549 10/10/2024 XPRESS GRAPHICS 2524662 4361000 Printing / Duplicating 24-64605 177.16 W1 02004549 10/10/2024 XPRESS GRAPHICS 2524662 4361000 Printing / Duplicating 24-64604 404.17 W1 02004549 10/10/2024 XPRESS GRAPHICS 2524662 4361000 Printing / Duplicating 24-64728 163.33 W1 02004549 10/10/2024 XPRESS GRAPHICS 1104417 4309101 2025 Calendar Print and Distrb 24-64760 11,471.50 W1 02004550 10/10/2024 ZUMAR INDUSTRIES INC. 1104310 4219000 SIGNAGE 9611 1,227.60 Examined and Approved Total For Bank ID - W1
926,231.48 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 10/10/2024 Page 11
City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3 37 38

CITY OF PALM DESERT

CITY CLERK DEPARTMENT

INTEROFFICE MEMORANDUM
To:

From:

Date:

BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
, CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________
Responding Department: __________________________ Date: _______________ Response:

No comment – okay to present to City Council.

Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ The Original Fish Taco, LLC (Rubio's Fresh Mexican Grill) Ste F-1, Palm Desert, CA 92260-3938 Monday, October 14, 2024.

Building and Safety October 7, 2024
October 7, 2024
39 CITY OF PALM DESERT

CITY CLERK DEPARTMENT

INTEROFFICE MEMORANDUM
To:

From:

Date:

No comment – okay to present to City Council.

Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ The Original Fish Taco, LLC (Rubio's Fresh Mexican Grill) 73399 Hwy 111 Ste F-1, Palm Desert, CA 92260-3938 Monday, October 14, 2024.

Development Services: Planning October 7, 2024
October 7, 2024
40 41
42

Page 1 of 1 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 24, 2024
PREPARED BY: Michelle Nance, Deputy Clerk II
SUBJECT: ADOPTION OF ORDINANCE NO. 1417 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS
RECOMMENDATION:

Adopt Ordinance No. 1417 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING CHAPTER 5.10 SHORT-TERM RENTALS AND MAKING A FINDING OF EXEMPTION UNDER CEQA.”
BACKGROUND/ANALYSIS:

On October 10, 2024, the City Council unanimously introduced Ordinance No. 1417 for first reading. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption.

FINANCIAL IMPACT:

There is no direct financial impact with this action.

ATTACHMENTS:

Ordinance No. 1417
43 44
ORDINANCE NO. 1417

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA UPDATING CHAPTER 5.10

SHORT-TERM RENTALS AND MAKING A FINDING OF
EXEMPTION UNDER CEQA.

City Attorney’s Summary
The purpose of this ordinance is to amend Palm Desert Municipal Code Chapter 5.10 Short-Term Rentals to update definitions and references, to clarify the City’s short-term rental restrictions, and to phase out off-site short-term rental permits in Hillside Planned Residential (HPR) zone.

THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Amendment to Municipal Code. The City Council hereby adopts the updated Palm Desert Municipal Code Chapter 5.10 Short-Term Rentals, attached hereto as Attachment “A.”
SECTION 2. CEQA Exemption. The City Council finds that the updated short-term rental ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), known as the “common sense” exemption. This determination is based on the clear assessment that there is no possibility the ordinance may have a significant effect on the environment. The ordinance primarily provides administrative clarifications regarding where short-term rentals are permitted, focusing on specific residential zoning areas without expanding land use or initiating new developments, thereby maintaining existing environmental baselines. It ensures operational continuity for existing short-term rentals through defined phasing out periods for specific permits, thereby preventing abrupt changes in land use intensity. The adjustments are administrative in nature and do not involve any construction, physical alterations, or increases in development intensity. The ordinance reaffirms current use regulations and does not alter existing physical environmental conditions or promote increased development, thus qualifying for the CEQA “common sense” exemption as it bears no potential for significant environmental impact.

SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. 45 Ordinance No. 1417 Page 2
SECTION 4. Posting and Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.

ADOPTED ON ___________________, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1417 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on October 10, 2024, and adopted at a regular meeting of the City Council held on __________, 2024, 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
46 Ordinance No. 1417 Page 3
Chapter 5.10 SHORT-TERM RENTALS

5.10.010 Title.

This chapter shall be referred to as the “Short-Term Rental Ordinance.”

5.10.020 Purpose.

A. The purpose of this chapter is to regulate privately-owned residential dwellings, including those managed by homeowners’ associations, used as short-term rental units within the city. This chapter seeks to ensure the payment and collection transient occupancy taxes (TOT) and tourism business improvement district (TBID) assessments, while minimizing the potential negative effects of short-term rental units on surrounding residential neighborhoods.

B. This chapter is not intended to allow any residential property owner to violate any private conditions, covenants, and restrictions applicable to the owner’s property that may prohibit the owner from using his or her property as a short-term rental unit, as defined in this chapter.

C. The city reserves the right to change the regulations provided in this chapter at any time, including discontinuing the issuance of short-term rental unit permits, notwithstanding any impacts to existing or future short-term permit holders.

Anyone accepting a short-term rental unit permit pursuant to this chapter acknowledges and accepts that possibility.

5.10.030 Definitions.

For purposes of this chapter, the following words and phrases shall have the meaning ascribed to them by this section:
“Accessory Dwelling Unit” has the same definition as provided in PDMC Section

25.99.020 Land Use Definitions.
“Actively operating” means a short-term rental that is rented out/occupied for a total of more than eighteen (18) days per calendar year.

Attachment “A”
47 Ordinance No. 1417 Page 4
“Apartment” has the same definition as provided in PDMC Section 25.99.020 Land Use Definitions.
“Applicable laws, rules and regulations” means any laws, rules, regulations and codes (whether local, state, or federal) pertaining to the use and occupancy of a privately-owned dwelling unit as a short-term rental.
“Applicant” means a host or operator applying for a new or renewal short-term rental permit.
“Bedroom” means a private habitable room other than a kitchen, bathroom or living room intended for sleeping that is separated from other rooms by a door, having at least one window that meets the Emergency Escape and Rescue Openings requirements of the California Building Code, has a built-in closet/storage area, and is accessible to a bathroom without crossing through another bedroom. “Casita” means a detached or attached living quarters, not permitted or restricted as an accessory dwelling unit or junior accessory dwelling unit, which occupies not more than one-tenth of the area of the lot on which it is situated, and is designed for use as a bedroom or office rather than an independent living facility and may have only limited kitchen equipment.
“City manager” means the city manager of the city, or their designee. “Good Neighbor Brochure” means a document prepared by the city, as may be revised from time to time that summarizes the general rules of conduct, consideration and respect pertaining to the use and occupancy of short-term rental units. “Guest” means any person who rents, stays at, occupies, or visits the short-term rental unit as a transient occupant. The term “guest” includes any overnight guest and/or any daytime guest.
“Functioning Homeowners’ Association (HOA)” means governing board of a common interest development, formed under the Davis Sterling Act (California Civil Code Section 4100). A Functioning HOA is characterized by the following: there is a common area owned by the association or owners of separate interests, a declaration and final subdivision map have been recorded; each homeowner has been conveyed a separate interest coupled with an interest in the common area or membership in the association; the governing board is elected by the homeowners, and the association includes all residential properties within the recorded subdivision map. Additionally, a Functioning HOA actively governs property uses, enforces community rules, and is responsible for the maintenance and management of the development beyond merely overseeing landscaped areas.
“Host” means a property owner who occupies the property during the entire period of the short term rental.
48 Ordinance No. 1417 Page 5
“Hosting Platform” means an individual or entity that facilitates short-term rental bookings in exchange for a fee or other compensation, either directly or indirectly, by conducting transactions through various means.
“Junior Accessory Dwelling Unit” has the same definition as provided in PDMC Section 25.99.020 Land Use Definitions.
“On-site short-term rental” means a short-term rental at a host’s primary residence where the host remains on the property and resides in a bedroom or casita throughout the guest’s stay, except during daytime or work hours. “Off-site short-term rental” means a short-term rental where there is no host and the operator resides off-site during the guest’s stay.
“Operator” means an owner or a property manager who offers or manages a dwelling unit, or portion thereof, as an off-site short-term rental unit. “Owner” means any person or entity having fee-title ownership and/or appearing on the last equalized assessment roll of Riverside County showing controlling interest of the short-term rental unit.
“Primary Residence” means a person’s permanent residence or usual place of return for housing, verified by at least two of the following: driver’s license; voter registration; tax records listing the dwelling as the person’s home; or a utility bill. “Property” means the actual single-family house or other residential dwelling unit, including all of its improved real property, which is used as a short-term residential rental.
“Responsible person” means a short-term rental unit guest who is at least twentyfive years of age and who is legally responsible for ensuring that all guests of the shortterm rental unit and/or their daytime guests comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit. “Short-term rental permit” means a permit, with a permit number, issued by the City to allow on-site or off-site short-term rentals.
“Short-term rental unit” means a privately-owned residential dwelling unit, or portion thereof unless otherwise prohibited, including a casita, that is offered or provided to a guest by an operator for twenty seven (27) consecutive nights or less. The term “short-term rental unit” shall not include hotels, motels, inns, timeshares, or bed and breakfasts.
“Transient” means any person who rents, stays at, or otherwise occupies a shortterm residential unit for a period of twenty-seven (27) consecutive nights or less. 49 Ordinance No. 1417 Page 6
“Transient occupancy registration permit” means a permit that allows the use of a privately-owned residential dwelling as a short-term rental unit pursuant to the provisions of Chapter 3.28, Transient Occupancy Tax, respectively. “Transient occupancy tax” means the tax levied by the city in accordance with Chapter 3.28 of the municipal code. This tax is levied upon individuals or businesses engaged in the rental of sleeping accommodations to the public. “Zone” has the same definition as provided in PDMC Section 25.99.020 Land Use Definitions.

5.10.040 Authorized agent or representative – Off-site
Short-Term Rentals.

A. An owner shall designate an operator to act on the owner’s behalf to ensure compliance with the requirements of this chapter.

B. Notwithstanding subsection A, the owner shall not be relieved from any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental unit, regardless of whether such noncompliance was committed by the owner or operator or the guests of the owner’s short-term rental unit or their daytime guests.

5.10.050 Permit – Types Required.

C. Short-term Rental Permit Types. An owner ,host, or operator must obtain one of the following short-term rental permit types to advertising, renting, or otherwise operating any short-term rental unit, and shall be responsible for complying with all requirements of this chapter:

1. On-site short-term rental permit. As a condition of the permit, the host shall demonstrate regular occupancy, which may be by neighbor verification or other means sufficient, in the discretion of city manager, to show regular and continuous owner-occupancy prior to and during each rental period.

2. Off-site short-term rental permit.

D. Transient Occupancy Registration Permit. The permit type in subsection A, when issued, shall also serve as the transient occupancy registration permit, as provided in Section 3.28.060, if the applicant satisfies the requirements of this Chapter and Chapter 3.28.
50 Ordinance No. 1417 Page 7

5.10.060 Short-term rental permit for all types—
Application and processing requirements.

E. The applicant must submit the following information on an application form provided by the city:

1. The name, address, valid email address, and telephone number of the owner of the subject short-term rental unit.

2. The name, address, valid email address, and telephone number of the operator of the subject short-term rental unit.

3. The address of the proposed short-term rental unit.

4. The number of bedrooms and the applicable overnight and daytime occupancy limit of the proposed short-term rental unit.

5. Acknowledgement of receipt and inspection of a copy of the Good Neighbor Brochure.

6. Other information the city manager deems reasonably necessary to administer this chapter.

F. A short-term rental permit will not be granted for properties that do not qualify under Section 5.10.070.

G. A short-term rental permit application shall be accompanied by payment of an application processing fee established by resolution of the city council.

H. Within thirty days of a change of property ownership, the new owner shall submit an application and requisite application fee for a new short-term rental permit, if continued short-term rental is desired, which permit must be obtained prior to continuing to rent the subject unit as a short-term rental unit.

I. A short-term rental permit shall not be issued or renewed if there are unresolved city code compliance cases, outstanding city fines or fees, or city liens on the property.

J. A short-term rental permit must be renewed annually to remain valid.

Failure to renew a short-term rental permit within thirty calendar days of the expiration date will result in the short-term rental permit being terminated.

K. Short-term rental permit renewals are subject to any intervening changes in this Chapter 5.10 and renewal shall be denied if the short-term rental no longer 51 Ordinance No. 1417 Page 8
qualifies under the requirements of this chapter, unless specifically exempted therefrom.

A short-term rental permit shall not be renewed if the unit has not been actively operating in the prior calendar year. A host or operator that is denied a renewal for failure to actively operate may apply for a new short-term rental permit, if otherwise qualified under this chapter.

H. The city may conduct an inspection of the short-term rental unit prior to issuing any new or renewal permit.

I. A short-term rental permit application may be denied if the applicant has had a prior short-term rental permit suspended or revoked.

J. Within thirty (30) days of any change in information previously provided as part of a new or renewal short-term rental permit application, the host or operator shall provide city written notice of such change in information. This includes, but is not limited to, change in operator, change in contact information, or any other change in material facts pertaining to the information contained in the previously submitted short-term rental permit application.

5.10.070 Short-term rental permit—permitted zones
and prohibited unit types.

K. On-Site Short-term Rentals

1. Permitted Residential Zones
a. Estate Residential District (RE)
b. Single-Family/Mobile Home Residential District (R-1M) c. Single-Family Residential District (R-1)
d. Single-Family Residential District (R-2)
e. Multifamily Residential District (R-3)
f. Hillside Planned Residential District (HPR), except when governed by a Functioning HOA and the owner is prohibited under the current Declaration of Covenants, Conditions, and Restrictions (CC&Rs) of the Functioning HOA to operate a short-term rental or prohibited by State law.
g. Planned Residential District (PR), except when governed by a Functioning HOA and the owner is prohibited under the 52 Ordinance No. 1417 Page 9
current Declaration of Covenants, Conditions and
Restrictions (CC&Rs) of the Functioning HOA to operate a short-term rental or prohibited under State law.
h. Downtown Edge Transition Overlay (DEO)
i. Downtown Edge District (DE)
j. Downtown (D)

2. Prohibited Unit Types in all zones:
a. Apartments
b. Accessory dwelling units
c. Junior accessory dwelling units
d. Units with one bedroom or less
L. Off-Site Short-term Rentals

1. Permitted Residential Zones
a. Estate Residential District (RE)
b. Multifamily Residential District (R-3)
c. Hillside Planned Residential District (HPR), if governed by a Functioning HOA and the owner is permitted under state law or the current Declaration of Covenants, Conditions, and Restrictions (CC&Rs) of the Functioning HOA to operate a short-term rental.
d. Planned Residential District (PR), if governed by a
Functioning HOA and the owner is permitted under state law or the current Declaration of Covenants, Conditions, and Restrictions (CC&Rs) of the Functioning HOA to operate a short-term rental.
e. Downtown Edge Transition Overlay (DEO)
f. Downtown Edge District (DE)
g. Downtown (D)

2. Prohibited Unit Types in all zones:
53 Ordinance No. 1417 Page 10
a. Apartments
b. Accessory dwelling units
c. Junior accessory dwelling units

5.10.080 Off-site short-term rentals prohibited in HPR
zone.

M. A new off-site short-term rental permit within the HPR zone will not be issued.

N. Existing off-site short-term rental permits in the HPR zone may be renewed if otherwise qualified, but all such off-site short-term rental permits shall terminate, and such uses permanently cease operation, by December 31, 2026.

O. If an existing off-site short-term rental permit is revoked pursuant to this chapter, and the short-term rental unit is located in the HPR zone, then a new permit will not be issued.

5.10.090 Operational requirements for all types of
short-term rental permits.

P. While a short-term rental unit is rented, the host or operator shall be available twenty-four hours a day, seven days a week for the purpose of responding within thirty minutes to complaints regarding the condition, operation, or conduct of guests of the short-term rental unit.

Q. Upon notification that the responsible person and/or any guest of the short-term rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental unit, the host or operator shall promptly respond within thirty minutes in an appropriate manner to immediately halt or prevent a recurrence of such conduct by the responsible person and/or any guests. Failure of the host or operator to respond to calls or complaints regarding the condition, operation, or conduct of guests of the short-term rental unit within thirty minutes and in an appropriate manner shall render the host or operator subject to all administrative, legal and equitable remedies available to the city, up to and including short-term rental permit revocation.

R. The host or operator shall post the current short-term rental permit number on, or in, any advertisement appearing in any newspaper, magazine, brochure, 54 Ordinance No. 1417 Page 11
television trade paper, Internet website, etc., that promotes the availability or existence of a short-term rental unit in a place or location deemed acceptable by the city manager.

In the instance of audio only advertising of the same, the short-term rental permit number shall be read as part of any advertising. The following shall be clearly identified in any advertisement: (1) the maximum overnight occupancy of the short-term rental unit; (2) requirements for compliance with the city’s noise standards and regulations; and (3) a statement that the short-term rental unit guests shall respect the neighbors’ privacy and enjoyment of their property.

S. The host or operator shall use reasonably prudent business practices to ensure that the guests of the short-term rental unit do not create unreasonable noise in violation of Palm Desert Municipal Code (PDMC) Chapter 9.24, Noise Control or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental unit. The short-term rental unit shall be used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit, including Chapter 3.28 (Transient Occupancy Tax).

T. Guests of the short-term rental unit shall comply with all standards and regulations of the PDMC, including and especially Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events.

U. The minimum duration of a short-term rental unit is three days, two nights.

Less than three-day, two-night rentals or leases are prohibited.

V. The maximum number of overnight guests for a short-term rental unit shall not exceed two persons per bedroom. Additional daytime guests are allowed between the hours of seven a.m. and ten p.m., with the additional maximum daytime guests not to exceed two persons per bedroom with a maximum of twenty guests allowed for five bedrooms or more. If the property is an on-site short-term rental, the host shall be deemed to occupy at least one bedroom, which shall reduce the number of bedrooms available for overnight guests and reduce the total number of daytime guests permitted.

The following table illustrates the maximum number of overnight guests and daytime guests permitted for an off-site short-term rental:

Number of Bedrooms Total of Overnight Guests
Total Daytime Guests (Including Number of Overnight
Guests)
1 2 4
2 4 8
3 6 12
4 8 16
5 10 20
6 12 20
7 14 20
55 Ordinance No. 1417 Page 12
W. A short-term rental unit shall not change the residential character of the outside appearance of the residence, either by the use of colors, materials, lighting, or any advertising mechanism.

X. No property use shall cross over any property line.

Y. All parking associated with a short-term rental unit shall be entirely on-site, in the garage, carport, and driveway or otherwise off of the public street.

Z. The city manager shall have the authority to impose additional conditions on the use of any given short-term rental unit to ensure that any potential secondary effects unique to the subject short-term rental unit are avoided or adequately mitigated.

AA. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city’s authorized waste hauler, and only on scheduled trash collection days. The host or operator shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 8.16 (Solid Waste) of the PDMC.

BB. Unless otherwise provided in this chapter, the host or operator shall comply with all provisions of Chapter 3.28 of the PDMC concerning TOT, including, but not limited to, submission of a monthly TOT return in accordance with Section 3.28.070 of Chapter 3.28 of the PDMC, which shall be filed monthly even if the short-term rental unit was not rented during each such month.

CC. Transient occupancy taxes shall be collected on all short-term rentals pursuant to PDMC Chapter 3.28 (Transient Occupancy Tax). If a hosting platform does not collect payment for the rental, hosts or operators are solely responsible for the collection of all applicable TOT and remittance of the collected tax to the City in accordance with Chapter 3.28 (Transient Occupancy Tax). Upon compliance with the Greater Palm Springs Tourism Business Improvement District (TBID) authorized by the California Streets and Highways Code Section 36600 et seq., the host or operator shall also be responsible for collection and remittance of all TBID assessments to the City.

DD. The City will post the short-term rental unit information on the City’s website for the public to access.

EE. A short-term rental unit may not be operated as any other commercial home-based business.

FF. If the dwelling unit used as a short-term rental unit is subject to the rules of a homeowners’ or condominium association, short-term rental activity must comply with those rules, and this chapter shall not be inferred to grant any permission that invalidates or supersedes any provisions of those homeowners’ or condominium associations.
56 Ordinance No. 1417 Page 13
GG. The host or operator shall authorize all hosting platform(s) on which their STR(s) is listed to provide to the City with the host’s or operator’s listing and other information to demonstrate compliance with all provisions of this chapter.

5.10.100 Procedures for hosts, operators and guests.

Prior to occupancy of a short-term rental unit, the host or operator shall:

HH. Meet and greet the responsible person on-site or virtually and obtain their name, address, and a copy of a valid government identification.

II. Provide the responsible person a copy of the Good Neighbor Brochure.

JJ. Provide the responsible person information about the city’s short-term rental regulations.

KK. Require the responsible person to execute a formal acknowledgement in a form acceptable to the city stating that he or she is legally responsible for ensuring that all short-term rental unit guests maintain compliance with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term rental unit. This information shall be maintained by the host or operator for a period of three years and be made readily available upon request of any officer of the city responsible for the enforcement of any provision of the PDMC or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term rental unit.

LL. Provide the responsible person with the host or operator’s twenty-fourhour availability information.

MM. Provide the responsible person a copy of the maximum number of overnight guests and the maximum number of daytime guests as permitted pursuant to the chapter.

NN. Post a copy of the short-term rental permit and a copy of the Good Neighbor Brochure in a conspicuous place within the short-term rental unit.

OO. Provide the responsible person a copy of trash pickup day and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property.

PP. Provide the responsible person a copy of the PDMC, Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events.
57 Ordinance No. 1417 Page 14
QQ. Explain to the responsible person that the guests and owner may be cited or fined by the city in accordance with this chapter and/or Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events.

RR. Provide written notice that no radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from beyond the property boundaries of any short-term rental unit between the hours of ten p.m. and ten a.m.

5.10.110 Recordkeeping duties.

The host or operator shall maintain for a period of three years, records in such form as the tax administrator (as defined in, and required by, Chapter 3.28) may require to determine the amount of TOTs or TBID assessments owed to the city. The city manager shall have the right to inspect such records at all reasonable times. Such records shall be maintained at the host’s or operator’s premises or shall be available for delivery to the tax administrator within one week after request, which may be subject to the subpoena pursuant to Section 3.28.110.

5.10.120 Violations.

SS. Additional Conditions. A violation of any provision of this chapter by any of the guests, owner(s) or the operator shall authorize the city manager to impose additional conditions on the use of any given short-term rental unit to ensure that any potential additional violations are avoided.

TT. Permit Modification, Suspension and Revocation. A violation of any provision of this chapter by any of the guests, owner(s) or the operator shall constitute grounds for modification, suspension and/or revocation of the short-term rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in this chapter.

1. Whenever any host or operator fails to comply with any provision of this chapter, the city manager upon hearing, after giving the host or operator and/or owner ten days’ notice in writing specifying the time and place of hearing and requiring him or her to show cause why the short-term rental permit should not be revoked, may modify, suspend or revoke the permit held by the host or operator.

2. The city manager shall give the host or operator written notice of the modification, suspension or revocation of the permit. The notices required in this section may be served personally or by mail.
58 Ordinance No. 1417 Page 15

3. The city manager shall not issue a new short-term rental permit after the revocation of a permit unless he or she is satisfied that the former holder of the permit will comply with the provisions of this chapter and the short term rental unit complies with Section 5.10.070. During the period of time while such a permit is suspended, revoked or otherwise not validly in effect, the use of the dwelling as a shortterm rental unit is prohibited.

UU. Notice of Violation. The city may issue a notice of violation to any guest, host, or operator, pursuant to this chapter, if there is any violation of this chapter committed, caused or maintained by any of the above parties.

VV. Administrative Citation. The city may issue an administrative citation to the property owner(s) pursuant to Chapter 8.81 (Administrative Citations) of the municipal code if there is any violation of this chapter committed, caused or maintained. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on the same day to any guests, host(s) or the operator.

Unless otherwise provided herein, any person issued an administrative citation pursuant to this chapter shall for each separate violation be subject to: (1) an administrative fine in an amount not to exceed one thousand dollars for the first citation; (2) an administrative fine in an amount not to exceed three thousand dollars for a second citation issued for the same offense within a twelve-month period of the date of the first offense; and (3) a fine in an amount not to exceed five thousand dollars and an immediate revocation of the short-term rental permit for a period of two years for the third citation within a twelve-month period of the date of the first offense.

WW. Notwithstanding the above, operating a short-term rental unit without a validly issued short-term rental permit shall be subject to a fine in an amount of five thousand dollars for the first citation and each additional citation, and the city has the right to refuse the issuance of any new or renewed short-term rental permit for the cited property and/or to the cited host or operator anywhere else within the city.

XX. Infraction. The city may issue an infraction citation to any guest, host or operator, pursuant to the provisions set forth in Chapter 1.08, Citations for Code Violations, including, but not limited to, the imposition of any and all criminal penalties set forth therein if there is any violation of this chapter committed, caused or maintained by any of the above parties. Unless otherwise provided herein, any person convicted of an infraction shall, for each separate violation of this chapter be subject to: (1) a fine in an amount not to exceed one thousand dollars for a first conviction of an offense; (2) a fine in an amount not to exceed three thousand dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (3) a fine in an amount not to exceed five thousand dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. 59 Ordinance No. 1417 Page 16
YY. Public Nuisance. It shall be a public nuisance for any person to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events.
60 From: Anthony Mejia
To: Michelle Nance
Subject: FW: Concern about STR Ordinance Changes on 10/10/24 City Council Agenda Date: Friday, October 11, 2024 12:06:53 PM
Attachments: pdlogo aeb5f777-9f3d-40d4-9b90-9e3c0c146f24.png emailsignature2024_50d41331-3e8d-4bf3-8f3e-be06df544be4.png Importance: High
For second reading staff report, please include this email as an attachment.

Anthony Mejia
City Clerk
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6304 | www.palmdesert.gov From: Richard Cannone <[email protected]>
Sent: Friday, October 11, 2024 12:05 PM
To: Anthony Mejia <[email protected]>
Cc: Todd Hileman <[email protected]>
Subject: FW: Concern about STR Ordinance Changes on 10/10/24 City Council Agenda Anthony, see below. Can we include this email as a public comment/backup item for the second reading, confirming what I stated to Councilmember Harnik last night? Richard D. Cannone, AICP
Director of Development Services
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6438 | www.palmdesert.gov From: William Choplin
Sent: Friday, October 11, 2024 12:01 PM
To: Richard Cannone <[email protected]>
Subject: Re: Concern about STR Ordinance Changes on 10/10/24 City Council Agenda

‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ Mr. Cannone,
Thank you for the follow up. The permitted zone language for off-site PR is easy to understand. William Choplin 61 On Oct 11, 2024, at 8:15 AM, Richard Cannone <[email protected]> wrote:

Mr.Choplin, good morning. Attached are the updated STR regulations that the City Council approved last night at the first reading/public hearing.

Thank you again for reaching out.

Best regards,
Richard
<pdlogo_aeb5f777-
9f3d-40d4-9b90-
9e3c0c146f24.png>
Richard D. Cannone, AICP
Director of Development Services
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6438 | www.palmdesert.gov From: William Choplin
Sent: Thursday, October 10, 2024 3:57 PM
To: Richard Cannone <[email protected]>
Subject: Re: Concern about STR Ordinance Changes on 10/10/24 City Council Agenda Mr. Cannone,
Thank you for all your effort to keep me informed about your progress. Your prompt response is very much appreciated.

Have a good evening,
William
On Oct 10, 2024, at 2:58 PM, Richard Cannone <[email protected]> wrote:

Mr. Choplin:

I just left you a voicemail. We are revising the language so that it is clear, that to have an off-site STR you must be in a Functioning HOA that allows them.

The reason we have “units with one bedroom or less” is included as prohibited, is because the owner must stay on site and the guest must sleep in a bedroom.

Individuals with a one-bedroom or studio could use their unit as an off-site STR since they won’t be staying at the property.

Richard D. Cannone, AICP
62 <pdlogo_aeb5f777-
9f3d-40d4-9b90-
9e3c0c146f24.png>
Director of Development Services
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6438 | www.palmdesert.gov From: William Choplin
Sent: Thursday, October 10, 2024 1:52 PM
To: Richard Cannone <[email protected]>
Cc: Anthony Mejia <[email protected]>
Subject: Re: Concern about STR Ordinance Changes on 10/10/24 City Council Agenda Mr. Cannone,
Thank you for your voicemail and email reply to my questions.

My main concern was verifying that off-site STRs in the PR zone are only permitted with the approval by an HOA. Same as the current STR ordinance.

My initial concern resulted from the proposed language "Not within an HOA”. It seems this language could be interpreted as allowing an STR in residential neighborhoods without an HOA.

Lorena explained that the language is intended to allow an on-site STR without an HOA. Since it is also under the off-site STR paragraph, it confused me. Not within an HOA may need some clarification in the off-site language. The bullets in the off-site paragraph listing the permitted zones is the same as the on-site list except for R1, R2 & R3. In the on-site paragraph Not within an HOA means the property owner can get a permit for a single family home in the PR zone. Since it reads exactly the same in the off-site paragraph, I interpreted it to have the same meaning allowing a permit for a single family home. The language in the current STR ordinance regarding the PR zone is more straightforward and easy to understand. It seems to me that it says the same thing.

The only other difference between the on-site and off-site paragraphs is under Prohibited Units “Units with one bedroom or less” is included in on-site but not included in off-site.

The STR agenda item for today recommends a public hearing on this ordinance proposal. Will that be decided at the council meeting tonight?
Thanks again for your time,
William Choplin
On Oct 10, 2024, at 12:27 PM, Richard Cannone <[email protected]> wrote:

Mr. Choplin:

I just left you a voicemail, but also wanted to respond to your questions below.

Currently, STRs are permitted in single-family homes in the PR zone in the following instances:

1. It is an on-site STR, meaning the owner rents a bedroom or 63 casita while the owner remains on-site; see PDMC Section

5.10.070, “The city shall prohibit the issuance of new shortterm rental permits within the R-1 and R-2 zones, and the PR zones under certain circumstances as described
below. These requirements do not apply to on-site owner short-term rental permits.”

2. An off-site STR is permitted provided they have HOA
approval; see PDMC Section 5.10.070(C), “A new short-term rental permit within the PR zones will not be issued unless issuance of the permit is approved in writing by the
homeowners' association having jurisdiction over the
property.”
The proposed code update would still allow the two instances above, however, for an off-site STR to be allowed it must be governed by a Functioning HOA (see lines 51-61). An HOA that was established solely for landscape maintenance, would not meet the definition of a Functioning HOA and thereby would be prohibited from having an off-site STR.

I hope that addresses your concern, but please do not hesitate to reach me by telephone or email.

Best regards,
Richard
<pdlogosmall_72e0e3f9-
a775-4c5b-a732-
3c364ad37d3c.jpg>
Richard D. Cannone, AICP
Director of Development Services
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6438 | www.palmdesert.gov <emailsignature2024_50d41331-3e8d-4bf3-8f3ebe06df544be4.png> From: William Choplin
Sent: Wednesday, October 9, 2024 5:11 PM
To: Kevin Swartz <[email protected]>; Information Mail <[email protected]>
Subject: Concern about STR Ordinance Changes on 10/10/24 City Council Agenda
Kevin,
I was reviewing the City Council agenda for 10/10/24 and noticed that changes to 64 the STR ordinance are being considered. You may recall I was involved in the changes to the STR ordinance in 2020 that restricted STRs in the PR zone to HOAs that permitted STRs. STRs in neighborhoods with single family homes were not permitted.

I’m concerned about the description I copied from the agenda about Off-Site STRs.

Under the Permitted Residential Zones it describes the Planned Residential District zone allows STRs
(i) Not within and HOA
(ii) Not within a Functioning HOA or
(iii) Within a Functioning HOA…
The new language seems to allow STRs in all types of housing except those designated under Prohibited Unit Types in all zones. If the ordinance changes are approved by the City Council, will STRs be allowed again in the single family homes in the PR zone?
Thank you,
William Choplin
40669 Diamondback Dr
Palm Desert
Off-Site Short-term Rentals

1. Permitted Residential Zones
a. b. c. d.

Estate Residential District (RE)
Single-Family/Mobile Home Residential District (R-1M)
Multifamily Residential District (R-3)
Planned Residential District (PR), where the short term rental unit is:
(i) Not within an HOA;
(ii) (iii)
Not within a Functioning HOA; or
Within a Functioning HOA and the owner is permitted under state law or the current Declaration of Covenants, Conditions, and Restrictions (CC&Rs) of the Functioning HOA to operate a short-term rental.

Prohibited Unit Types in all zones:

1. Apartments

2. Accessory dwelling units

3. Junior accessory dwelling units
Downtown Edge Transition Overlay (DEO) Downtown Edge District (DE)
65 Downtown (D)
228. 228 5.10.080 Off-site short-term
rentals prohibited in HPR
229. 229 zone.
<Attachment to Short Term Rental Update Ordinance UPDATED.pdf> 66

Page 1 of 1 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 24, 2024
PREPARED BY: Michelle Nance, Deputy Clerk II
SUBJECT: ADOPTION OF ORDINANCE NO. 1418 ADDING CHAPTER 12.36 TO TITLE 12 OF THE PALM DESERT MUNICIPAL CODE ESTABLISHING

PUBLIC RIGHT-OF-WAY VACATION PROCEDURES
RECOMMENDATION:

Adopt Ordinance No. 1418 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 12.36 TO THE PALM DESERT

MUNICIPAL CODE REGARDING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING FINDINGS UNDER CEQA.”
BACKGROUND/ANALYSIS:

On October 10, 2024, the City Council unanimously introduced Ordinance No. 1418 for first reading. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption.

FINANCIAL IMPACT:

There is no direct financial impact with this action.

ATTACHMENTS:

Ordinance No. 1418
67 68
ORDINANCE NO. 1418

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADDING CHAPTER 12.36 TO THE PALM

DESERT MUNICIPAL CODE REGARDING PUBLIC RIGHT-OF-WAY

VACATION PROCEDURES AND MAKING FINDINGS UNDER CEQA
WHEREAS, the vacation of public streets, highways, and public services easements are generally governed by Division 9, Part 3 of the California Streets and Highways Code (Sections 8300-8363); and
WHEREAS, the City of Palm Desert desires to establish local laws and procedures for the vacation of public streets, highways, and public service easements to augment the general provisions of the California Streets and Highways Code; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th day of October 2024, hold a duly noticed public hearing to consider the Ordinance; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request:

THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Addition to Municipal Code. Chapter 12.36 Procedures for Vacating City Rights-of-Way or Portions Thereof is added to the Palm Desert Municipal Code to read as follows:
“Chapter 12.36 PROCEDURES FOR VACATING CITY RIGHTS-OF-WAY OR

PORTIONS THEREOF

12.36.010 Statement of policy on right-of-way vacations.

The City of Palm Desert favors limited, conditional, private use of public right-ofway property through the encroachment permit process set forth in Chapter 12.04 of this Code and other City laws over the outright vacation of the City’s legal interest in such property. Further, the public use of pedestrian stairway and pathway rights-of-way shall be respected in considering requests for vacation. In certain situations, public right-ofway vacation may be appropriate pursuant to the provisions of this Chapter.

12.36.020 Definitions
“Adoption” of a resolution includes passage or enactment of a resolution. “City” means the City of Palm Desert.
69 Ordinance No. 1418 Page 2
“City Council” means the City Council of the City.
“City Clerk” means the City Clerk of the City.
“City Engineer” means the City Engineer or their designee. “Director” means the Director of Development Services or their designee. “Interested person” means the owner(s), or their authorized representative(s), of a parcel or parcels which is/are contiguous to the part of the public right-of-way sought to be vacated.
“Planning Commission” means the Planning Commission of the City. “Public Body” means a city or special district as defined in Section 54775 of the Government Code.
“Public service easement” includes all or part of, or any right in:
(a) A right-of-way, easement, or use restriction acquired for public use by dedication or otherwise for sewers, pipelines, pole lines, electrical transmission and communication lines, pathways, storm drains, drainage, canal, water transmission lines, light and air, and other limited use public easements other than for street or highway purposes.
(b) An easement or right of a type described in Section 8340. “Public utility” means a public utility as defined in Section 216 of the Public Utilities Code.
“Street” and “highway” includes all or part of, or any right in, a state highway or other public highway, road, street, avenue, alley, lane, driveway, place, court, trail, or other public right-of-way or easement, or purported public street or highway, and rights connected therewith, including, but not limited to, restrictions of access or abutters’ rights, sloping easements, or other incidents to a street or highway. “Vacation” means the termination of the public interest in a right-of-way (opened or unopened), and the extinguishment of the easement for public travel that is represented by the right-of-way.

12.36.030 Application
A. Any interested person desiring to have a public street, highway, or public service easement vacated shall submit an application to the Director on forms provided by the City.

B. Each application shall include the following information:
70 Ordinance No. 1418 Page 3

1. A general and legal description of the right-of-way, or portion thereof, proposed to be vacated together with a map or plan which illustrates the extent of the vacation in relation to the right-of-way, public service easements, if any, and the contiguous properties.

2. An independent, written title report to determine
ownership interests in the right-of-way, or portion thereof, proposed to be vacated, and the contiguous property or properties. The title report shall be issued by a title insurance company licensed and admitted to conduct business by the State of California.

3. A statement describing how the right-of-way sought to be vacated is unnecessary for present or prospective public use.

4. A deposit of the fee required pursuant to Section

12.36.030.

5. All additional information or documentation as
required by the Director.

C. If applicable, a statement and any accompanying documentary proof that the request for vacation is prompted by error, safety, or hardship as described in Section 12.36.060 and is eligible for expedited review under that section.

12.36.030 Fee required.

A processing fee representing the estimated reasonable City costs to process the application shall be deposited with the City in order for the application to be complete.

The fee amount shall be established by City Council resolution.

12.36.040 Acceptance of application – Planning Commission review.

The Director, the City Engineer, and other staff shall review the application for completeness. The City shall seek input from the holders of any public service easements to determine if there are any adverse effects of the requested vacation upon these public service easements and the City may make changes or conditions to the requested vacation accordingly. Environmental inspections and/or review, if required, shall be conducted. Once the application is determined complete by City staff, it shall be submitted to the City Clerk. The City Clerk shall set the matter for consideration by the Planning Commission solely to determine if the location, purpose and extent of the vacation conforms with the City’s General Plan under Government Code Section 65402. The date the Planning Commission renders its determination shall initiate the proceedings for purposes of taking the vacation request to the City Council. At the Director’s discretion, the City may combine several vacation applications and present them to the Planning Commission or City Council in the same proceeding. At the conclusion of the Planning Commission proceedings, the City Clerk shall set the City Council public hearing date and follow the procedures set forth in Section 12.36.070 and Sections 8322 and 8323 of the California Streets and Highways Code.
71 Ordinance No. 1418 Page 4

12.36.050 Appraisal required.

Unless exempt pursuant to Section 12.36.060, an independent, written appraisal to determine the value of the right-of-way, or portion thereof, proposed to be vacated shall be obtained by the City prior to consideration of the request to vacate by the City Council.

The right-of-way shall be valued at the same unit value of the contiguous property or properties for its highest and best use as if both the right-of-way to be vacated and the contiguous property or properties are vacant. That is, the appraisal shall consider the value of the right-of-way to be vacated irrespective of the existence of any improvements or structures. The applicant shall bear the cost of the appraisal. The City may combine several vacation applications in order to reduce and distribute the appraisal cost among several applicants.

12.36.060 Expedited review in instances of error, safety or hardship.

Expedited review of vacation applications means the application, once complete, proceeds directly to the Planning Commission under Section 12.36.040 and is exempt from the appraisal requirement under Section 12.36.050.

In order to qualify for expedited review, the application must demonstrate to the satisfaction of the City Engineer that one or more of the following conditions exists:

A. An error exists in title to the right-of-way proposed for vacation. An “error” is defined as a mistake in the legal description of the right-of-way, in the chain of title to the right-of-way, or in the property boundaries of the right-of-way, for example, by conflicts between metes and bounds descriptions, physical monuments, recorded maps or deeds or other recorded instruments. The error may be shown by a survey prepared at the sole cost of the applicant by a surveyor licensed by the State of California Board of Professional Engineers, Land Surveyors, and Geologists. The error must be described in detail and substantiated in writing by an opinion of a title insurance company licensed to do business in the State of California.

B. The existence of the right-of-way proposed for vacation poses a serious, hazardous threat to the safety of the public or to the safety of the persons or property upon the property or properties. The safety hazards must be described in detail and attested in writing by the applicant under penalty of perjury. An example of a serious safety hazard would be a landslide or an imminent landslide.

C. The existence of the right-of-way proposed for vacation poses an unreasonable hardship on the applicants if the vacation were not granted by the City. The instances of hardship must be described in detail and attested in writing by the applicant under penalty of perjury. An example of a hardship would be proof of substantial economic loss and/or unreasonable restraint against alienation if the vacation were not granted, and no other reasonable alternative exists such as issuance of an encroachment permit.

12.36.070 City Council procedure.
72 Ordinance No. 1418 Page 5
The Director shall comply with the State law procedures for vacations, including without limitation the procedures set forth in the public streets, highways, and service easements vacation law (California Streets and Highways Code Sections 8300 and following). A public hearing is required before the City Council and the City Clerk shall cause legal notice to be provided. Notice shall include mailed notice to all properties within 300 feet of the right-of-way proposed to be vacated at least two weeks’ ahead of the public hearing date. Per the California Streets and Highways Code Section 8323 the legislative body shall conspicuously post notices of vacation along the line of the street, highway, or public service easement proposed to be vacated. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. If the line of the street, highway, or public service easement proposed to be vacated exceeds one mile in length, the legislative body may, in lieu of posting not more than 300 feet apart, post notices at each intersection of another street or highway with the street, highway, or public service easement to be vacated and at one point approximately midway between each intersection, but at least three notices shall be posted. At the Director’s discretion, the City may combine several vacation applications and present them to the City Council in the same proceeding.

12.36.080 Findings required.

The City Council shall not adopt a resolution approving a vacation unless it finds as follows:

A. The right-of-way to be vacated, or portion thereof, is unnecessary for present or prospective public use.

B. The vacation conforms to the City’s General Plan, including the Mobility Chapter.

C. The vacation serves the public interests to a degree greater than if the private use of the right-of-way was conferred by encroachment permit.

D. The vacation has been reviewed in conformance with the California Environmental Quality Act and will have no environmental effects that adversely impact the public safety or welfare.

E. Adequate consideration has been offered in exchange for vacating the public’s interest in the affected right-of-way. The adequacy of the consideration is not limited to monetary remuneration and is to be determined on a case-by-case basis at the sole discretion of the City Council. The Council may consider such factors as the appraised value of the vacated right-of-way, the use which the applicant is to make of the vacated right-of-way, and whether the loss of the public’s interest in the vacated right-of-way is offset by the increase in the public’s welfare, health or safety attributable to the applicant’s combined use of the vacated right-of-way and the properties contiguous to it.
73 Ordinance No. 1418 Page 6
F. On a case-by-case basis, the City Council may determine that the vacated right-of-way shall not be used by the applicant or its successor to satisfy any development or building requirements associated with the contiguous parcel or parcels, for example to increase the development potential of the contiguous parcel or parcels, such as an increase in floor area ratio or lot coverage.

G. The vacation shall not unreasonably interfere with the viability of the remaining right-of-way nor public service easements in proximity thereto.

H. In order to render any one or more of the findings in this section, the City Council may impose conditions upon the vacation, including without limitation the requirement of the applicant to pay compensation; the requirement that the applicant release and indemnify the City from liability, including environmental liability, and liability which may relate to neighboring properties; the requirement that the applicant maintain the vacated property; and the requirement that the vacation is subject to certain defined reservations and exceptions.

12.36.090 Record of vacation.

To the extent the City Council approves or conditionally approves the vacation, the decision shall be made by resolution and shall be recorded with the Riverside County Recorder together with any deeds or other instruments which may be required by law.

The property vacated shall not be considered surplus property of the City.”

12.36.100 Summary vacation authority.

A. The City Council may summarily vacate a street, or highway that has been superseded by relocation unless the vacation would (1) cut off all access to a person’s property, which prior to relocation adjoined the street or highway; or (2) terminate a public service easement unless the easement meets the criteria for summary vacation of a public service easement.

B. The City Council may summarily vacate when the street or highway has been impassable for vehicular travel for 5 years and no public money has been expended for maintenance during that period.

C. The City Council may summarily vacate an excess right-of-way of a street or highway if it is not required for street or highway purposes.

D. The City Council may summarily vacate a portion of a street or highway if this portion lies within property under one ownership and does not continue through such ownership or end touching the property of another.

E. The City Council may summarily vacate a street or highway pursuant to an agreement with the department of transportation pursuant to Streets and Highways Code Section 100.2 to close a street or highway at or near the point of its interception with a state freeway.
74 Ordinance No. 1418 Page 7
F. The City Council may summarily vacate public service easements in any of the following circumstances:
a. The easement has not been used for the purpose for which it was dedicated or acquired for 5 consecutive years immediately preceding the proposed vacation;
b. The date of dedication or acquisition is less than 5 years, and more than 1 year, immediately preceding the proposed vacation, and the easement has not been used continuously since that date; or
c. The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.

G. The City Council shall not summarily vacate a street, highway, or public service easement if there are in-place public utility facilities that are in use and would be affected by the vacation.

12.36.110 Summary vacation procedure.

A. The City Council may summarily vacate a street or highway by adopting a resolution of vacation after a general plan consistency finding by the planning department pursuant to California Government Code Section 65402(a).

B. The City Council is not required to hold a public hearing to summarily vacate a street or highway.

C. The resolution of vacation must then be recorded in the Riverside County Recorder’s office. From the date of such recording the vacation will be complete, and the street or highway will no longer constitute a street.” SECTION 2. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable.

SECTION 3. CEQA. The City Council hereby finds and determines that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that the Ordinance would not have the potential or possibility for causing a significant effect on the environment. Specifically, the proposed changes to the Municipal Code are primarily technical and administrative in nature. The Ordinance would codify procedures for vacating city rights-of-way or portions thereof. No construction is proposed and the amendments do not constitute any project approvals. In reviewing the Ordinance the City Council has exercised its independent judgment and has reviewed and considered the Ordinance in light of all testimony received, both oral and written. Therefore, based upon the entire administrative record, the City Council hereby determines that no further environmental review is required for the Ordinance. 75 Ordinance No. 1418 Page 8
SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.

ADOPTED ON ___________________, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1418 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on October 10, 2024, and adopted at a regular meeting of the City Council held on __________, 2024, by the following vote:

AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
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
76

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 24, 2024
PREPARED BY: Michelle Nance, Deputy Clerk II
SUBJECT: ADOPTION OF ORDINANCE NO. 1419 UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS
RECOMMENDATION:

Adopt Ordinance No. 1419 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER

2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER CEQA.” BACKGROUND/ANALYSIS:

On October 10, 2024, the City Council unanimously introduced Ordinance No. 1419 for first reading. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption.

FINANCIAL IMPACT:

There is no direct financial impact with this action.

ATTACHMENTS:

Ordinance No. 1419
77 78
ORDINANCE NO. 1419

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING

FINDINGS UNDER CEQA
WHEREAS, Palm Desert Municipal Code (“Municipal Code”), Chapter 2.18 establishes a Building Board of Appeals; and
WHEREAS, the Building Board of Appeals is created to hear and decide appeals of order, decisions, or determinations made by the Building Official relative to the application and interpretation of the California Building Code and City’s local building code; and
WHEREAS, City of Palm Desert (“City”) periodically reviews the Municipal Code to identify areas the need updating, clarification, and revisions in accordance with state law; and
WHEREAS, the City Council of the City of Palm Desert desires to enact the Ordinance to make such updates, clarifications, and revisions to the Municipal Code; and
WHEREAS, all other legal prerequisites to the presentation of this Ordinance have occurred.

THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS:

SECTION 1. The Palm Desert Municipal Code Chapter 2.18 Building Board of Appeals is amended to read as follows:
“Chapter 2.18 Building Board of Appeals

2.18.010. Established.

The building board of appeals and condemnation ("building board") is hereby established for the City of Palm Desert ("City"). The provisions set forth in Chapter 2.34 of this code shall apply to this board, except as otherwise required by state law. If there is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control.

2.18.020. Purpose.

The purpose of the building board of appeals is to conduct hearings that allow appellants to present evidence to reverse or amend a city official’s administrative decision regarding any matter covered by Title 15 of this code. The right to appeal applies when the objection involves the exercise of administrative discretion or personal judgment by the city official pursuant 79 Ordinance No. 1419 Page 2
to any provisions of Title 15 of this code. This board will hear appeals related to the application of building standards, except where the city official’s decision is ministerial and involves the strict application of objective requirements and standards of this code and the California Building Code.

The building board may also ratify alternate materials and methods of construction that are not specifically recognized in the California Building Code.

2.18.030. Members.

The building board shall be comprised of five community members.

Members shall possess a thorough understanding of the California Building Code and related city regulations and ordinances.

2.18.040. Meetings/appeal hearings.

A. The building board meetings will be scheduled as needed when letters of appeal from building officer decisions are received.

B. The building board secretary shall collect letters of appeal and prepare an agenda for each meeting which shall be furnished to members prior to the meeting.

C. Requests for hearings must be scheduled at least ten days prior to such hearing.

D. If a party of any appeal intends to submit evidence, or legal argument, outside of the expertise of the building board, said party shall so inform the building board secretary in writing at the time the appeal is filed.

Failure to provide such information shall be cause to prohibit the presentation of such evidence or argument.

E. The building board shall be the judge of the qualifications of persons appearing as expert witnesses and shall be empowered to refuse to receive the testimony of any purported expert not so qualified.

2.18.050. Decisions.

A. In rendering its decision, the building board has no authority to waive requirements of any code (California Building Code Section 113.2.). The building board shall either approve, approve with modifications or deny the appeal, and shall specify any conditions or limitations imposed.

B. The decision of the building board shall be final. The written decision shall be sent to the appellant and shall provide that the appellant may file an appeal with the California Building Standards Commission pursuant to California Administrative Code Section 1-303(a).”
SECTION 2. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase 80 Ordinance No. 1419 Page 3
thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable.

SECTION 3. The City Council hereby finds and determines that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that the Ordinance would not have the potential or possibility for causing a significant effect on the environment. Specifically, the proposed changes to the Municipal Code are primarily technical and administrative in nature. The Ordinance would update the building board of appeals requirements and procedures.

No construction is proposed, and the amendments do not constitute any project approvals. In reviewing the Ordinance, the City Council has exercised its independent judgment and has reviewed and considered the Ordinance in light of all testimony received, both oral and written. Therefore, based upon the entire administrative record, the City Council hereby determines that no further environmental review is required for the Ordinance.

SECTION 4. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.

ADOPTED ON ______________ 2024.
__________________________

KARINA QUINTANILLA
MAYOR
ATTEST:
_____________________________
ANTHONY J. MEJIA

CITY CLERK
81 Ordinance No. 1419 Page 4
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1419 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on October 10, 2024, and adopted at a regular meeting of the City Council held on __________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ____________________. _________________________
ANTHONY J. MEJIA

CITY CLERK
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 24, 2024
PREPARED BY: Randy Chavez, Deputy Public Works Director SUBJECT: AWARD CONTRACT TO DBX, INC., OF TEMECULA, CA, FOR VITALIA TRAFFIC SIGNAL INSTALLATION (PROJECT NO. CTS00002)
RECOMMENDATION:

1. Award a contract to DBX, Inc., of Temecula, CA, in the amount of $733,400, plus a $73,000 contingency, for the Vitalia Traffic Signal Installation.

2. Appropriate $181,223 to Account No. 2134385-4400100 from unobligated Measure A Funds.

3. Authorize the City Attorney to make necessary nonmonetary changes to the contract.

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

5. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project.

BACKGROUND/ANALYSIS:

The Vitalia Traffic Signal Installation project involves installing a new traffic signal at the currently unsignalized intersection of Gerald Ford Drive and Rembrandt Parkway. This project is necessary due to the growth of nearby residential developments, including those by Pulte Homes and Pacific West Communities.

In addition to the traffic signal, the project includes ADA-compliant curb ramps, sidewalks, and various infrastructure improvements aimed at enhancing accessibility and ensuring smooth regional traffic synchronization. These upgrades will contribute to a safer and more efficient transportation network.

The City advertised the project and received five bids by October 2, 2024, as follows:

Contractor Location Total Bid
Baker Electric, Inc. Escondido, CA $722,016.00
DBX, Inc. Temecula, CA $733,400.00
Elecnor Belco Electric, Inc. Chino, CA $772,888.00
Crosstown Electric & Data, Inc. Irwindale, CA $905,879.00 PTM General Engineering Services, Inc. Riverside, CA $917,017.00 Although Baker Electric, Inc., submitted the lowest bid, it was deemed non-responsive due to failure to provide the required bid bond, leading to their disqualification. The lowest responsive bid was submitted by DBX, Inc., which has been reviewed and found compliant with all bid 83 City of Palm Desert
Vitalia Traffic Signal Installation

Page 2 of 2 ends

requirements. The project is expected to be completed within 90 days of the Notice to Proceed, with an anticipated completion date in February 2025.

Legal Review:

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

FINANCIAL IMPACT:

The Vitalia Traffic Signal Installation is part of the approved Capital Improvement Project (CIP) List for Fiscal Year 2024-25, funded through Measure A under Account No. 2134385-4400100.

Developers Pulte Homes and Pacific West Communities are also responsible for contributing their fair share to the project costs, with Pulte Homes covering 42.9% and Pacific West Communities contributing 29.3%.

An appropriation of $181,223 is requested from unobligated Measure A Funds to cover project expenses. However, a total of $768,465.20, less $64,600 already paid by Pacific West Communities, will be reimbursed to Measure A Funds upon receipt of the developers' contributions after project completion.

The table below outlines the total budget and expenses for the project:

Account Budget Project Cost Appropriation
Previous Funding $257,956.24
Current Measure A (2134385-4400100) $625,167.00
Potholing – Crosstown A46980 $13,700.00
Surveying – TKE Eng $1,250.00
Street Improvements $10,239.85
SCE Install $18,561.45
TS Poles – American $96,404.94
Design – Pac West $117,800.00
* Construction – DBX $733,400.00
* Construction – Contingency $73,000.00
Total $883,123.24 $1,064,356.24 ($181,223.00)
Pulte Homes (42.9%) $456,608.82
**Pacific West Communities (29.3%) $311,856.38
City of Palm Desert (27.8%) $295,891.03
* Current request
**includes $64,600 already paid by Pacific
ATTACHMENTS:

1. Agreement

2. Payment and Performance Bonds

3. Contractor’s Proposal

4. Vicinity Map
84 Contract No. ___________
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BBK 72500.00001\32374943.1

CITY OF PALM DESERT

CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into this 24th day of October, 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 DBX, a Corporation, with its principal place of business at 42024 Avenida Alvarado, Suite A, Temecula, CA 92590 ("Contractor").

WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

Vitalia Traffic Signal Installation
Project No. CTS00002
(hereinafter referred to as “the Project”).

Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of SEVEN HUNDRED THIRTY THREE THOUSAND FOUR HUNDRED DOLLARS ($733,400.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not 85 Contract No. ___________
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BBK 72500.00001\32374943.1
exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. 86 Contract No. ___________
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ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION AND INSURANCE
A. Indemnification

1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify, and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against:
(a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract.

Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.
87 Contract No. ___________
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BBK 72500.00001\32374943.1

2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

3. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article.

B. Insurance

1. Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.

2. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

3. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automotive liability and employer’s liability. Such policy or policies shall include the following terms and conditions:

A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
88 Contract No. ___________
5 Revised 01-2024
BBK 72500.00001\32374943.1
(a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

5. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

6. Fidelity Coverage. [Reserved].

7. Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.

C.Other Provisions or Requirements

1. Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

2. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees, or subcontractors.

Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be 89 Contract No. ___________
6 Revised 01-2024
BBK 72500.00001\32374943.1
satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion.

Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.

5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract.

6. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained 90 Contract No. ___________
7 Revised 01-2024
BBK 72500.00001\32374943.1
by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage.

11. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor.

12. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

13. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

14. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review.

15. City’s Right to Revise Requirements. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) Days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice.

16. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

17. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies.
91 Contract No. ___________
8 Revised 01-2024
BBK 72500.00001\32374943.1

18. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

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

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity.

These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees.

Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [SIGNATURES ON FOLLOWING PAGE]
92 Contract No. ___________
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BBK 72500.00001\32374943.1

SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND DBX, 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

DBX, A CORPORATION
By:

James C. Perry
President
By:

James C. Perry
Secretary/Treasurer
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
93 94
Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to DBX, Inc., (hereinafter referred to as the “Contractor”) an agreement for Vitalia Traffic Signal Installation (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated October 24, 2024, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, DBX, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Seven Hundred Thirty Three Thousand Four Hundred Dollars, ($733,400.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the 95 Contract No. ___________
lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
96 Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

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

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

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

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

PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed October 24, 2024, has awarded to DBX, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:

Vitalia Traffic Signal Installation (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated October 24, 2024, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Seven Hundred Thirty Three Thousand Four Hundred Dollars, ($733,400.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or 100
Contract No. ___________
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
101
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
102
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
103
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
104
City of Palm Desert
CP - Capital Improvement Projects
Jess Culpeper, Director of Capital Projects
73-510 Fred Waring Drive, Palm Desert, CA 92260
[DBX, INC.] RESPONSE DOCUMENT REPORT
IFB No. CTS00002
Vitalia Traffic Signal Installation
RESPONSE DEADLINE: October 2, 2024 at 4:00 pm
Report Generated: Friday, October 4, 2024
DBX, INC. Response

CONTACT INFORMATION
Company:

DBX, INC.

Email:
[email protected]
Contact:

JAMES PERRY
Address:
42024 AVENIDA ALVARADO SUITE A
TEMECULA, CA 92590
Phone:
(951) 296-9909
Website:
www.dbxincorporated.com
Submission Date:

Oct 2, 2024 11:23 AM (Pacific Time)
105
[DBX, INC.] RESPONSE DOCUMENT REPORT
IFB No. CTS00002
Vitalia Traffic Signal Installation
[DBX, INC.] RESPONSE DOCUMENT REPORT
PUBLIC WORKS - Vitalia Traffic Signal Installation

Page 2 ends

ADDENDA CONFIRMATION
No addenda issued

QUESTIONNAIRE

1. BID ACKNOWLEDGMENT*
To the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260.

A. In response to the Contract Documents for project number CTS00002 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.

B. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier.

C. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

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

E. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made a part of this Bid.
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F. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned.

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

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

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

Confirmed

2. BID SCHEDULE*
IMPORTANT:

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

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

THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS.

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

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

If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s). 107
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I certify that I have read, understood the above statement.

Confirmed

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

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

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

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

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

Bond ID: SCA0920253083
Vendor ID: 952458707

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

The Ohio Casualty Insurance Company
Click to Verify Value will be copied to clipboard
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6. DESIGNATION OF SUBCONTRACTORS*
Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO...

DESIGNATION_OF_SUBCONTRACTORS.pdf

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

BIDDER_INFORMATION_AND_EXPERIENCE_FORM_(1).pdf

8. NON-COLLUSION DECLARATION*
The undersigned declares:

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

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 109
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Confirmed

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

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

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

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

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

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

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

Confirmed

10. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000004242
Click to Verify Value will be copied to clipboard

11. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 110
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240547
Click to Verify Value will be copied to clipboard

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

Confirmed

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

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

14. Fleet Compliance Documentation*
Please attach supporting documentation for the selection made in the above item. dbx,_inc._-_California_Air_Resources_Board__Off-Road_Diesel-Fueled_Fleets_Regulation.pdf

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

16. Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website. 111
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DBX, Inc.

Click to Verify Value will be copied to clipboard

17. How many years has Bidder’s organization been in business as a Contractor? * 58 18. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
James C. Perry, President/Secretary/Treasurer
42024 Avenida Alvarado, Suite A, Temecula, CA 92590
[email protected]
951-296-9909

19. Nondiscrimination Certification*
The City of Palm Desert is committed to promoting equal opportunity in its contracting activities. We ensure that all individuals seeking to do business with the city treat contractors, subcontractors, and employees fairly, without discrimination based on race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, sexual orientation, or membership in any other protected class. 112
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For any purchase exceeding $10,000, vendors must certify compliance with the City’s nondiscrimination policy (G.C. 3.30.200) before contract award. No contract will be awarded until the contractor submits this certification.

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

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

Confirmed

PRICE TABLES

BID SCHEDULE
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Mobilization 1 LS $10,000.00 $10,000.00
2 Traffic Control 1 LS $21,000.00 $21,000.00
3 As-builts 1 LS $2,500.00 $2,500.00
4 Clearing and Grubbing 1 LS $15,000.00 $15,000.00
5 Concrete Improvements 1 LS $185,000.00 $185,000.00
6 Traffic Signal Installation 1 LS $474,900.00 $474,900.00 7 Signing and Striping 1 LS $25,000.00 $25,000.00
TOTAL $733,400.00
113

DESIGNATION OF SUBCONTRACTORS
The subcontractor(s) listed below will perform work or labor or render service to the contractor in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the contractor, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of one-half of one percent (0.5%) of the contractor’s total bid.

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

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

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

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

DIR
Registration
Number

0.5 Bradley Brown BI 6; Auger / Construction, Inc. Foundation 1008532 1000034571
M.J. Directional,
Inc.
960 6th St,
Suite #101A
Box 116
Norco, CA 92860
(909) 322-8445
7997 E. CHESHIRE
ROAD
ORANGE CA 92867
949-278-1193
790871
BI 7:

Signing and
Striping

3.0 0.5
Superior Pavement
Markings, Inc.
5312 Cypress St
Cypress, CA 90630
(714) 995-9100
776306
1000418354
1000001476
BI 6:

Direction Drilling
114
Portion of
Work to be
done by
Subcontractor
Percent of
Total Base
Bid
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No.

DIR
Registration
Number
(Attach additional sheets if necessary)
BI 2; Traffic Control
(Own)
BI 4; Clearing and
Grubbing (Own)
BI 5; Concrete

25.9 VAN Engineering,
Inc.
24046 Clinton Keith Rd
Suite 101-179
Wildomar, CA
92595
1102034 2000000589
115

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

1.0 Name of Bidder: ___________________________________________

2.0 Type, if Entity: ___________________________________________

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

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

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

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

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

6.1 Date of Incorporation: ________________________________

6.2 State of Incorporation: ________________________________

6.3 President’s Name: ________________________________

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

6.5 Secretary’s Name: ________________________________

6.6 Treasurer’s Name: ________________________________
DBX, Inc.

Corporation
42024 Avenida Alvarado, Suite A
Temecula, CA 92590
951-296-9978 951-296-9909
[email protected]
58 Years
N/A
12/01/1961
California
N/A
N/A
James C. Perry
James C. Perry
James C. Perry
58 Years
116

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

7.1 Date of Organization: ______________________________________

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

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

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

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

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

12.0 List Trade References:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
N/A
N/A
N/A
Electrical Contractor; Traffic Signals, Street Lighting, Fiber Optics Communications; Synchronization.

No.

Electrical Contractor; Traffic Signals, Street Lighting, Fiber Optics Communications; Synchronization.
117
B. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**] Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
$1,038,888.50
TBD
TBD
TBD
TBD
TBD
TBD

INTERSECTION

IMPROVEMENTS
LANDAU BLVD.
& MCCALLUM WAY Intersection
Improvements

CITY OF CATHEDRAL CITY
68-700 AVENIDA, LALO GUERRERO, CATHEDRAL CITY, CA 92234 760-770-0319, ANDREW LEE, [email protected]

TRAFFIC SIGNAL

INSTALLATION
WASHINGTON AVE.
& WEEPING WILLOW
LANE

CITY OF MURRIETA
1 TOWN SQUARE, MURRIETA, CA 92562
(951) 304-2489, BRIAN STEPHENSON, [email protected] Traffic Signal
Installations $583,304.00

TRAFFIC SIGNAL

IMPROVEMENTS AT

IMPERIAL HIGHWAY

AND RUTH AVENUE

CITY OF LYNWOOD
11330 BULLIS ROAD, LYNWOOD, CA 90262
(310) 603-0220, MIKE FATTAHI, [email protected]
Traffic Signal
Improvements $623,363.00

EMERGENCY

FORCE ACCOUNT
CALTRANS D7 MAINTENANCE
120 SOUTH SPRING ST., LOS ANGELES, CA 90012
(323) 303-2279, PETER DINH, [email protected]
Traffic Signal
Improvements $4,080,000.00

MONROVIA TRAFFIC

SIGNALS PROJECT
(FOOTHILL/SUNSET,

FOOTHILL/GRAND/

CALIFORNIA AVE,

HUNTINGTON/FIFTH &
ARCADIA 1 INTERSECTION

CITY OF MONROVIA
415 SOUTH IVY AVENUE, MONROVIA, CA 91016
CHRISTOPHER CASTRUITA, [email protected]
Traffic Signal
Project $1,904,008.00
REYES ADOBE ROAD.

HIGH INTENSITY

ACTIVATED CROSSWALK
(HAWK) REYES ADOBE RD
/RAINBOW CREST ROAD;

REYES ROAD/

STONECREST ROAD

CITY OF AGOURA HILLS
30001 LADYFACE COURT, AGOURA HILLS, CA 91301
818-597-7338, KELLY FISHER, [email protected] High Intensity
Crosswalk $771,741.00
1 of 2
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B. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**] Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
2 of 2
$616,047.00

TRAFFIC SIGNAL

IMPROVEMENTS

WARNER/ASH AND

MAIN/DELAWARE

CITY OF HUNTINGTON BEACH
2000 MAIN STREET, HUNTINGTON BEACH, CA 92648
(714) 374-1628, BILL JANUSZ
Traffic Signal
Improvements TBD $1,146,920.00
TBD

TRAFFIC SIGNAL

PROJECT
ARROW BLVD. &
CYPRESS AVE.

CITY OF FONTANA
8353 SIERRA AVENUE, FONTANA, CA 92335
909-350-7610, JAZMINE PENA
Traffic Signals
Project TBD $1,628,816.00

SAFETY IMPROVEMENTS

FOR HIGH CRASH

UNSIGNALIZED

INTERSECTION

CITY OF TWENTYNINE PALMS
6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277
760-367-6799, RICHARD PEDERSEN, [email protected]
Safety Improvments TBD

PEDESTRIAN HYBRID

BEACON SYSTEMS &

MINOR CONCRETE,

WINCHESTER

AT HADDOCK STREET

STATE OF CALIFORNIA
1727 30th STREET, MS-43, SACRAMENTO, CA 95816-7005
RODOLFO CAO, 909-519-1086, [email protected]
Install Pedestrian
Hybrid Beacon
$372,635.00
119
C. LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.

Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
Traffic Signal
Synchronization
City fo El Centro
1275 Main Street, El Centro, CA 92243
760-337-5182, Javier Luna, [email protected]
Traffic Signal
Synchronization $396,730.29
City of El Cajon
200 Civic Center Way, El Cajon, CA 92020
619-441-1715, Raul Armenta,[email protected]
Safety
Improvements

MADISON AVENUE
SAFETY

IMPROVEMENTS
03/06/24
04/24/24
$3,888,841.56
City of Oceanside
300 N. Coast Highway, Oceanside, CA 92054
760-435-5115, Tam Tran, [email protected]
Traffic Signal
Modification
SIGNAL

MODIFICATIONS

VISTA WAY AT
VALLEY GLEN DR. &
CANNON RD. AT LAKE
BLVD. 12/18/23 $217,950.00
City of Desert Hot Springs
11999 Palm Drive, Desert Hot Springs, CA 92240
760-329-6411, Michal Garvey, [email protected]

TRAFFIC SIGNAL

MODIFICATION AT
PIERSON BLVD. &
GOLDEN EAGLE WAY Traffic Signal
Modification 12/11/23 $155,951.02
City of Loma Linda
25541 barton Road, Loma Linda, CA 92354
909-253-8884, JohnTrujillo, [email protected]
Traffic Signal
Improvements 11/20/23 $347,869.08

TRAFFIC SIGNAL

IMPROVEMENTS
CALIFORNIA ST.
& CITRUS AVE.
1 of 2
120
C. LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.

Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
Traffic Signal
Installation Rancho
California Rd and
Tee Dr.

City of Temecula
41000 Main Street, Temecula, CA 92590
951-308-6388, Chris White, [email protected]
Traffic Signal
Installation 10/19/23 $483,035.00
County Of San Diego
5560 Overland Avenue #270, San Diego, CA 92123
619-340-4906, Andrei Pineda, [email protected]

TRAFFIC SIGNALS
OLD HWY 395 AT

RAINBOW GLEN ROAD

AND SOUTH MISSION ROAD
AT GREEN CANYON ROAD Traffic Signal
Installation 03/08/23

INSTALL TRACE

WIRE IN EXISTING
CONDUIT ON S.

MELROSE DR.

BETWEEN BRANDING

IRON CIRCLE & RIDGE RD
City of Vista
200 Civic Center, Drive Vista, CA 92084
760-643-5411, Sam Hasenin, [email protected]
Install Trace
Wire 08/31/22 $4,910.00
$1,369,069.24

INSTALLATION OF NEW

TRAFFIC SIGNAL AT

THE INTERSECTION OF

FAIR OAKS AVE AND

BELLEVUE DR
City of Pasadena
100 North Garfield Avenue, Pasadena, CA 91101
(626) 744-7103, Elvin Jiang, [email protected]
Installation of
New Traffic Signals 08/01/22 $420,803.01
City of Temecula
PO Box 9033, Temecula, CA 92589-9033
951-693-3917, Jerry Gonzalez, [email protected] Overhead Street
Name Replacement,
Sign Replacement
Program City Wide Replacement Program
City Wide 12/15/21 $54,000.00
2 of 2
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D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

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

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

2. Summarize each person’s specialized education:

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

4. Summarize such experience:

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

James C. Perry, President/Secretary/Treasurer
Tim Seaman, Project Manager
Tim Seaman: See attached resume
James C. Perry: See attached resume
Tim Seaman: See attached resume
Tim Seaman: 34 years
James C. Perry: See attached resume
James C. Perry: 38 Years
122

3.5 Resume
Jim C. Perry
42024 Avenida Alvarado, Suite A
Temecula, CA 92590
(909) 721-4028
[email protected]
Professional Experience
DBX, Inc. Temecula, California United States
Vice President, January 1984 – September, 2015
President, October 2015 - present
Construction Project Manager, January 1999 – present
• Schedule the project in logical steps and budget time required to meet deadlines. • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors. • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction problems
Construction Estimator, January 1990 – present
• Consult with clients, vendors, personnel in other departments or construction foremen to discuss and formulate estimates and resolve issue. • Analyze blueprints and other documentation to prepare time, cost, materials, and labor estimates.
• Prepare estimates for use in selecting vendors or subcontractors. • Confer with engineers, architects, owners, contractors and subcontractors on changes and adjustments to cost estimates.

Construction Foreman, January 1987 – present
• Examine and inspect work progress, equipment, and construction sites to verify safety and to ensure that specifications are met.
• Read specifications such as blueprints to determine construction requirements and to plan procedures.
• Estimate material and worker requirements to complete jobs. • Supervise, coordinate, and schedule the activities of construction or extractive workers.

Education
Westminster College, Fulton, Missouri United States
Economics, Business Administration, Graduated May 1982
Additional Skills
Certified Journeyman Electrician
123
Timothy W Seaman
42024 Avenida Alvarado, Suite A
Temecula, CA 92590
(951) 296-9909
Traffic Signal Electrician/Project Manager:

Professional History:
• DBX, Inc. 2020 – Present
Construction Project Manager:

Responsible for the scheduling of field personnel, equipment, overseeing field personnel for all projects assigned.

Prepare required 3 week schedules for various projects as required. Identify possible needed changes to projects and communicate to municipalities via RFI.

Review and communicate quantities for projects assigned. Review and correct subcontractor invoices for assigned projects.

Provide on the job training and instruction when necessary.

Perform wiring and installation for various signal and lighting projects. • Foreman/Superintendent 2015 – 2020
Responsible for the scheduling of field personnel, equipment, and order material, overseeing foreman for all projects assigned.

Communicate needed traffic control plans, review traffic control plans for correctness and submit to various municipalities
Prepare required 3 week schedules for various projects, review critical path schedules monthly. Identifying possible needed changes to projects and communicating to municipalities via RFI.

Review and prepare billings for projects assigned, Prepare and transmit proposals for lighting maintenance contracts assigned, Review and correct subcontractor invoices for assigned projects.

Provide on the job training and instruction when necessary.

Perform wiring and installation for various signal and lighting projects. 124
• Foreman/Superintendent/Estimator/Project Manager, 2007 – 2015 Responsible for estimating and change order procedures, preparation of bid documents, preparation of subcontracts, preparation of material submittals, payment submittals & following up of payments, review AP & AR reports.

Responsible for the scheduling of field personnel, equipment, and order material, overseeing crews for all projects, interview potential new employees.

Provide on the job training and instruction when necessary.

Perform wiring and installation for various signal and lighting projects. • Foreman/Superintendent, 1998-2007
Colorado Licensed Master Electrician (2002)
Responsible for the scheduling of field personnel and equipment, order material, familiar with bidding and change order procedures, overseeing crews.

Provide on the job training and instruction when necessary.

Perform wiring and installation for various signal and airport projects.

Use troubleshooting skills for signal maintenance contracts. • Foreman, 1996-1998
Responsible for the scheduling of project and equipment I was assigned to, order material, and overseeing crews.
• Foreman, 1990 - 1994
Laborer
Responsible for the preparation and instillation of conduit, wire, loops, and poles.

Education / Training:

Ann Arbor Public School, Ann Arbor, MI 1982
Received Diploma and GED
IEC Electrical Journeyman Apprenticeship Program 1999 - 2000 Colorado Springs, CO
IEC/ABC - Project Management for Electricians - Purdue University Padgett Thompson - Basic Supervision Seminar
Education & Success Inc - Foreman's Training Seminar
IMSA Level 2 Certification
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E. ADDITIONAL BIDDER’S STATEMENTS:

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

_______
N/A
126
January 1, 2024
DBX, INC.
2/28/2025
225475
http://www.arb.ca.gov/doors/compliance_cert1.html
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128
Vicinity Map
Proposed Traffic Signal
Gerald Ford
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e
m
b
r
a
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d
t
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 24, 2024
PREPARED BY: Eric Ceja, Director of Economic Development SUBJECT: APPROVE A LEASE EXTENSION WITH THE ARTIST COUNCIL THROUGH JUNE 2030 AT 72-567 HIGHWAY 111
RECOMMENDATION:

1. Approve the Second Amendment to Lease – Contract No. C41250 with The Artist Council at 72-567 Highway 111.

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

3. Authorize the City Manager to execute the agreement.

BACKGROUND/ANALYSIS:

The Artist Council (TAC) is a nonprofit organization that promotes the arts and artists of the Coachella Valley by offering art exhibits, classes, workshops, lectures, and social gatherings.

Since 2021, TAC has occupied the City-owned building located at 72567 Highway 111, serving as a destination for art, education, and entertainment for both residents and visitors.

On July 14, 2022, at the request of TAC, the City Council approved the First Amendment to the Lease Agreement extending the term of the lease to June 30, 2027.

In July 2024, TAC leadership approached City staff to request an extension of the existing lease.

TAC is seeking an additional three-year extension to the lease, which is set to expire June 30, 2027. This extension would allow TAC to plan for longer-term fundraising capabilities and programming. If approved by the City Council, the lease would be extended through June 2030.

The current lease has an annual base rent payment of $1.00 to the City, due on April 1, along with a 23% share of the annual Common Area Maintenance (CAM) charges for the Entrada de Paseo site. In exchange for the reduced lease rate, TAC must provide annual financial statements to the City and offer a variety of programming outlined in Exhibit B of the approved Lease Agreement. TAC is currently in good standing with the City.

Legal Review:

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

FINANCIAL IMPACT:

The City will receive a cumulative rent payment of $5 from TAC for the lease extension, covering the remaining term and the additional three years through 2030. Additionally, TAC will continue to pay its portion of the annual CAM charges for the Entrada de Paseo site, which are estimated at $41,187 for calendar year 2024.
131
City of Palm Desert
(2
nd Amendment to Lease with TAC)

Page 2 of 2 ends

ATTACHMENTS:

1. Second Amendment to C41250 Lease Agreement

2. Approved C41250 Lease Agreement

3. Approved First Amendment C41250 Lease Agreement
132
Contract No. C41250

SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT C41250 (“Second Amendment”) is entered as of the 24th of October 2024, by and between the CITY OF PALM DESERT (“City”), a municipal corporation and the ARTISTS COUNCIL, a California nonprofit public benefit corporation (“Lessee”). City and Lessee are sometimes referred to herein individually as a “Party” or collectively as the “Parties.”

RECITALS
A. The Parties previously entered into that certain Lease Agreement dated April 1, 2021 (the "Agreement"), for the lease of the premises more particularly described therein located at 72-567 Highway 111 in the City of Palm Desert, County of Riverside (the "Premises").

B. The Parties previously entered into a First Amendment to Lease Agreement (“First Amendment”) dated July 14th, 2022, extending the term of the lease to June 30, 2027.

C. The Parties now desire to amend the Agreement on the terms and conditions as provided in this Second Amendment.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereby mutually agree as follows:

1. Amendments to Agreement. The Agreement is hereby amended in its entirety as follows:
a. Term. The first sentence of Section 1.4(a) of the Agreement is hereby amended to read in its entirety as follows:
"The initial term of this lease shall be for a period of nine (9) years and three (3) months, commencing on April 1, 2021 ("Commencement Date") and ending on June 30, 2030 ("Expiration Date")."
b. Early Termination. A new section 42 is hereby added to the lease to read as follows:
“42. Early Termination. The City may terminate the Agreement at any time, upon providing written notice of the City’s intent to terminate the Agreement. The City shall give Lessee not less than ninety (90) days prior written notice of its intent to terminate the Agreement and list the date of termination. The Lessee shall fully vacate the property by the date of termination.”
133
Contract No. C41250

2. Effectiveness of Agreement. Except as explicitly amended by this Second Amendment, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Second Amendment. From and after the date of this Second Amendment, whenever the term “Agreement,” “Lease,” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.

3. Entire Agreement. This Second Amendment and the Agreement represent the final and entire agreement between City and Lessee regarding the subject matter hereof and thereof, and may not be contradicted by evidence of prior, subsequent, or contemporaneous oral agreements of the Parties.

4. Modification. No amendment or modification hereto shall be valid and binding unless expressed in writing and executed by both Parties hereto.

5. Authority. Each individual executing this Second Amendment on behalf of an entity represents and warrants that he or she is duly authorized to execute and deliver this Second Amendment on its behalf.

6. Counterparts. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Second Amendment delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

7. Severability. If any portion of this Second Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
134
Contract No. C41250
SIGNATURE PAGE FOR SECOND AMENDMENT TO CONTRACT NO. C41250

BETWEEN THE CITY OF PALM DESERT

AND THE ARTISTS COUNCIL
IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to the Lease Agreement as of the day and year first above written.

CITY OF PALM DESERT
By:

L. Todd Hilman
City Manager
ATTEST:

By:

Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

ARTISTS COUNCIL
By:

Its: Chair-Elect, Artist Council
Printed Name: Uschi Wilson
By:

Its: Executive Manager
Printed Name: Annie Reutinger
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 10, 2024
PREPARED BY: Michael Rowe, City Engineer
SUBJECT: ADOPT A RESOLUTION ACCEPTING THE CITY OF PALM DESERT

STANDARD DETAILS AND DESIGN GUIDELINES
RECOMMENDATION:

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

PALM DESERT, CALIFORNIA, APPROVING UPDATED CITY OF PALM DESERT

STANDARD DETAILS AND DESIGN GUIDELINES AND MAKING A FINDING OF EXEMPTION UNDER CEQA”.

2. Authorize the City Manager to publish the City of Palm Desert Standard Details and Design Guidelines on the City’s website and make it available to the public.

3. Authorize the City Manager to periodically review and update these standards as necessary to keep up with operational and construction advancements.

BACKGROUND/ANALYSIS:

The purpose of the City of Palm Desert Standard Details and Design Guidelines (“Standards”) is to refine the existing standards and provide additional minimum standards for the design, materials, and methods of construction for common items of public and private infrastructure including, but not limited to, streets, storm drains, landscaping, traffic control devices, and streetlights.

The City adopted original standards when it incorporated in 1973, with subsequent updates in 2001, 2002, 2008, 2017 and 2019. These Standards are used by engineers, developers, contractors, and the public to construct the infrastructure throughout the City. The proposed modifications reflect the recommendations from various City Departments to incorporate best practices and helping them in their daily operations. These updates will help ensure the highest quality in public and private improvements throughout the city.

Currently, the City uses multiple sets of design details to aid in the consistency of public infrastructure construction. However, many of the details are not aligned with the Public Works Maintenance Department’s practices for maintaining infrastructure on a day-to-day basis. They are also inconsistent with the General Plan and outdated relative to current industry codes and guidelines. This has led to confusion and complications among the City, engineers, designers, and contractors during permitting, construction, and ultimately with staff maintenance efforts.

This update not only ensures consistency but also organizes the standards into categories (see the table below) to facilitate finding relevant information by discipline. These changes will also improve maintenance expectations, supporting staff in their day-to-day operations. 175
City of Palm Desert
Updated Standard Details and Design Guidelines

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Roadway Sections:

The City has contracted with Fehr & Peers to update the General Plan’s Mobility Element, which includes reviewing current roadway sections and incorporating updated dimensions into the General Plan for consistency. It is anticipated that the update will be completed by summer 2025.

Accordingly, this section will be revised next year based on the findings from the General Plan Mobility Study and incorporated into the Standard Details and Design Guidelines.

Scope of the Standards:

The Standards do not supersede the criteria or requirements contained in the Palm Desert Municipal Code (PDMC), General Plan, or State Building Codes. In the case of conflict, the more stringent requirement shall apply. These Standards are not intended to be all-encompassing for every circumstance. Some projects may require alternative designs to meet specific needs. For example, this might include how vehicles interact with multimodal transportation within the rightof-way, storm drain pipelines as they outlet into parks, or software updates to traffic signals along major corridors. The Standards, along with the PDMC and General Plan, must be consulted for potential design impacts.

Outreach and Moving Forward:

These Standards were shared with the Desert Valley Business Association and the Riverside Chapter of the Building Industry Association on April 12, 2024. They were distributed to their members for review with a request for comments or if desired, an invitation for a Question & Answer meeting, by May 1, 2024. There were no comments or requests received from either organization.

The Proposed Changes
Standard Why Needed What changed

1. General
a. Created a table of
contents and
included drafting
standard criteria
The original standards were
grouped in their own section
making access cumbersome and
confusing
This update consolidated all
groups into one set with a table
of contents for ease in obtaining
the necessary standard or detail
and added acronyms and
drafting standards to meet
today’s software.

2. Sidewalks, Driveways &
Handicap Ramps
ADA ramp criteria were updated
with the State standards in 2021.

Parkway drainage and driveways
were not consistent to
accommodate the ADA
walkways.

Updated the intersection and
driveway ADA access ramps.

3. Curb & Gutter There were not enough options
for curbs and gutters to
accommodate all street
standards.

Added a 6” option for Curb &
Gutters.

Added a Wedge Curb option for
residential use to avoid cur
176
City of Palm Desert
Updated Standard Details and Design Guidelines

Page 3 of 4 ends

cutting existing curbs to allow
for driveways.

Added a asphalt curb option in
emergency road or secondary
access applications.

4. Drainage Existing nonstandard under the
Sidewalk Drains in our City were
failing and clogging.

Drywell option was not
conducive of our Valley and its
blow sand.

Modified the area drains to
today’s standards of better
controlling nuisance flows.

Updated drywell standard to
one that is easier to construct
and maintain to help discharge
water from our retention basins
after the storm events.

5. Monuments Only one option of
monumentation was given to tie
out City streets and property.

Created standards for not only
setting the property line
monuments for the City but also
consistent documentation for
our record keeping.

6. Geometrics Standard geometric designs
were not given for cul de sac and
knuckle design allowing the
development community to use
other jurisdictions standard
designs.

Established cul-de-sac
geometry, knuckle geometry to
be consistent with Riverside
County that meets City
emergency service provider’s
needs.

7. Traffic Standard installation of signage
and traffic controller were not to
today’s standards.

Provide specification and design
criteria to meet a consistent
design and operation of City
traffic signage and signals for
Public Works operational needs.

8. Landscaping Landscaping was under its own
section and had inconsistent
material for day-to-day
maintenance needs.

Consolidated the installation of
landscape material and the
irrigation equipment to be
consistent with what we have on
the shelves in City corporate
yard to help with successful
plant survival.

Legal Review:

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

Environment Review:

The City of Palm Desert (City), in its capacity as the Lead Agency for this project, finds that the project is exempt from CEQA since the proposed Standards do not alter the physical environment and qualify for a CEQA exemption under Guidelines Section 15061(b)(3) since there is no substantial evidence that there is any possibility that the approval of these Standards 177
City of Palm Desert
Updated Standard Details and Design Guidelines

Page 4 of 4 ends

will have a significant effect on the environment. This does not consist of a project and therefore exempt from any environmental review under CEQA.

FINANCIAL IMPACT:

There is no direct financial impact to the General Fund associated with adopting these Standards. However, operational savings may be realized over time, through more consistent and standardized public improvements.

ATTACHMENTS:

1. Resolution

2. City of Palm Desert Standard Details and Design Guidelines

3. Existing Standard Details
178
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, APPROVING UPDATED CITY OF PALM DESERT

STANDARD DETAILS AND DESING GUDELINES AND MAKING A

FINDING OF EXEMPTION UNDER CEQA
WHEREAS, the City of Palm Desert City Council adopted Ordinance 125 in 1976 to help the development community install roadway improvements that were consistent within its City boundaries; and
WHEREAS, the City Engineer and Public Works Directors completed a comprehensive update of the Roadway Standards and Specifications to ensure consistency and the General Plan and follow best practices and to ensure consistent material for the daily operations and maintenance of public facilities by City Staff; and WHEREAS, over the years some of the standards were out of date and not consistent with our General Plan; and
WHEREAS, the standards are not intended to be all inclusive and shall be used as a design guide, thereby allowing exceptions to these standards to be considered by the City Engineer on a case by case basis when deemed appropriate for a specific application; and WHEREAS, City staff will update this manual periodically as needed subject to review by the Engineering, Development Services, and Public Works Departments to ensure standards and guidelines remain current with industry standards, address best practices, and consider improvements recommended by the development community and other stakeholders; and
WHEREAS, the City Council of the City of Palm Desert, California, did on its regular meeting of October 10, 2024, consider the request by the City Engineer of the City of Palm Desert to recommend approval of updated City of Palm Desert Standard Details and Design Guidelines; and
WHEREAS, The City, in its capacity as the Lead Agency for this project, finds that the project is exempt from CEQA since the proposed Standard Guidelines do not alter the physical environment and qualify for a CEQA exemption under Guidelines Section 15061(b)(3) since there is no substantial evidence that there is any possibility that the approval of these Standards will have a significant effect on the environment.

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

SECTION 1. Recitals. The City Council finds and determines that the recitals set forth above are true and correct, that the recitals are incorporated herein by this reference, and that the recitals constitute the City of Palm Desert City Council’s findings for recommending approval of the updated City of Palm Desert Standard Details and Design Guidelines.
179
CITY COUNCIL RESOLUTIONNO.
2 Section 2. Findings. The City Council finds that the facts and reasons, which are outlined in the staff report, sufficient to recommend approval of said request SECTION 2. CEQA. The City, in its capacity as the Lead Agency for this project, finds that the project is exempt from CEQA since the proposed Standard Guidelines do not alter the physical environment and qualify for a CEQA exemption under Guidelines Section 15061(b)(3) since there is no substantial evidence that there is any possibility that the approval of these Standards will have a significant effect on the environment.

SECTION 3. Recommendation. 1. That the City Council does hereby recommends approval of the City of Palm Desert Standard Guidelines and Design Guidelines, attached hereto as Exhibit A.

ADOPTED ON , 2024
.

KARINA QUINTANILLA,MAYOR
ATTEST:

ANTHONY J. MEJIA, CITY CLERK
180
CITY COUNCIL RESOLUTIONNO.
3 EXHIBIT A
City of Palm Desert Standard Details and Design Guidelines 181
182

CITY OF PALM DESERT STANDARD DETAILS

AND DESIGN GUIDELINES
INDEX - PAGE 1 OF 2

GENERAL
100 ACRONYMS AND ABBREVIATIONS
101 DRAFTING STANDARDS AND TOPOGRAPHY

SYMBOLS

STREET STANDARDS
SIDEWALKS. DRIVEWAYS. & RAMPS
300 SIDEWALK
301 MEANDERING SIDEWALK
302 DG MULTIPURPOSE TRAIL
303 RESIDENTIAL DRIVEWAY APPROACH (FOR

RIGHT-OF-WAY WIDTH BEHIND CURB OF
1 O' OR MORE)
304 RESIDENTIAL DRIVEWAY APPROACH (FOR

CONFINED RIGHT-OF-WAY)
305 COMMERCIAL DRIVEWAY
306 SINGLE CURB RAMP
307 DUAL CURB RAMP

CURB & GUTTER
400 CURB ONLY
401 WEDGE CURB
402 ASPHALT CONCRETE BERM
403 CURB AND GUTTER
404 CROSS GUTTER
405 VALLEY GUTTER

DRAINAGE
500 UNDER SIDEWALK DRAIN
501 UNDER SIDEWALK DRAIN (CAST IN PLACE)
502 CURB DRAIN CASE A & B
503 CURB SUPPORT DETAIL
504 GUTTER DEPRESSION FOR CURB

OPENING CATCH BASINS
505 MANHOLE FRAME AND COVER
(LOCAL & COLLECTOR STREETS)
506 MANHOLE FRAME AND COVER
(ARTERIAL & SECONDARY STREETS)
507 STANDARD DRYWELL DETAIL
508 VALVE OPERATOR WELL INSTALLATION

MEDIANS
600 TYPICAL MEDIAN CONSTRUCTION
601 RESTRICTED LEFT-TURN MEDIAN OPENING
602 MEDIAN TAPER
603 MEDIAN FLARE

MONUMENTS
700 TYPE A, B, & C MONUMENTS
701 TYPE "B" MONUMENT
702 TIE-OUT STANDARDS
703 STREET CENTERLINE MONUMENT

GEOMETRICS
800 CUL-DE-SAC (SYMMETRICAL)
801 CUL-DE-SAC (ASYMMETRICAL)
802 KNUCKLE
803 UTILITY TRENCH PAVEMENT REPLACEMENT

TRAFFIC
900 TRAFFIC LOOP DETECTOR
901 TYPE P CONTROLLER ASSEMBLY DETAIL
902 TYPE R CONTROLLER ASSEMBLY DETAIL
903 INTERCONNECT PULL BOX DETAILS
Per General Plan or Specific Plan
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202
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P
·
·
·
300
301
302
···
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305
306
307
308
309
310
311
312
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DETAIL A

TYPICAL MINIMUM BENDING RADIUS
18" RADIUS
(MINIMUM)
2" CONDUIT

CURB FACE
2 1
2 " CONDUIT UNDER

SIDEWALK OR DIRT
2 1
2 " CONDUIT UNDER

SIDEWALK OR DIRT
NO. 6 PULL BOX

TOP VIEW
2"
MIN.

SIDE VIEW
DEPTH
VARIES

ROUTE CONDUIT UNDER CURB & GUTTER INTO PULL BOX

COMMUNICATION PULL BOX

COMMUNICATION CONDUITS TO BE ALIGNED
45° BEND MAX.
2" CONDUIT
NO. 6 PULL BOX
2" CONDUIT
2" CONDUIT
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Page 1 of 3 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 24, 2024
PREPARED BY: Shawn Muir, Community Services Manager
Martin Alvarez, Director of Public Works
SUBJECT: AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARKS AND LANDSCAPE ENHANCEMENT (PROJECT NO. CPK00003)
RECOMMENDATION:

1. Award contracts for Parks and Landscape Enhancements to multiple vendors, in the amount of $750,000 for a 31-month term with two one-year extension options.

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

3. Authorize the City Manager to execute the contract 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(s).

BACKGROUND/ANALYSIS:

The Parks and Landscape Enhancement project (project) is a long-term program to upgrade landscaped public areas throughout the City to create a cohesive design palette and provide ease of maintenance moving forward. It is a two-part project, the first of which is to develop a 5- year Landscape Master Plan and plant palettes that complement each other. That part of the project has been advertised under a separate Request for Proposals to provide landscape design services. The second part of the project is to utilize on-call landscape agreements to complete the projects outlined in the Landscape Master Plan as well as other, more immediate landscape needs such as infill of plants in medians and parkways. Since these projects must be prioritized to enhance the City’s public rights-of-way, the on-call landscape improvements were prioritized.

This second part of the project was advertised for proposals through the City’s bid management portal, OpenGov, on August 12, 2024. A mandatory pre-bid meeting took place at City Hall on August 21, 2024, attended by City staff and ten vendors. On September 4, 2024, five proposals were received electronically.

City staff reviewed the qualified proposals and selected all five vendors for contract awards based on the evaluation criteria outlined in the RFP (clarity and conformance, experience, performance, proposal content, fees and references). Staff recommend awarding contracts to the following five vendors to expedite the number or projects needed to be implemented:

Vendor Location
AK Landscaping Indio, California
Excel Landscape, Inc. Corona, California
347
City of Palm Desert
Award On-Call Contracts to Multiple Vendors

Page 2 of 3 ends

Horizon Professional Landscape, Inc. Coachella, California Mariposa Landscapes, Inc. Irwindale, California
Vintage Landscape Bermuda Dunes, California
The total aggregate amount of $750,000 per fiscal year will be distributed among the five contractors for the term of the contract. These funds were included in the Fiscal Year 2024-25 general fund and capital improvement budgets. This approach enables the City to leverage each vendor’s expertise for specific task orders, minimizing scheduling delays. This strategy was previously successful in the Facilities Repairs and Improvements Project.

Legal Review:

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

Strategic Plan:

The Parks and Landscape Enhancement project is in alignment with the Parks & Recreation strategic plan to prepare for the financial requirements of maintaining existing parks to the highest level of service.

FINANCIAL IMPACT:

The approved Public Works and Capital Improvement Project (CIP) Budget for Fiscal Year 2024- 25 includes $1,075,000 allocated for landscape services across various accounts. Of this allocation, $250,000 has been designated for a five-year landscape master plan focused on updating medians, parks, and open spaces. Of the remaining budget, the aggregate amount of $750,000 will be accessible to the five vendors on a task order basis to carry out landscape projects identified by City staff in FY 2024-25. Subsequent year funding will be included in the annual budget request process and orders will be contingent upon budget approval.

The table below outlines the budget allocation and estimated expenses for each account during FY 2024-25; however, this does not guarantee that the full amounts will be utilized or spent:

Account No. Location Budget Expenses Balance
1104610-4332001 Civic Center Park $50,000 $25,000 $25,000 1104610-4337001 Tri-Cities Sports $25,000 $25,000
1104611-4332001 Other Parks $50,000 $25,000 $25,000
1104614-4337001 Medians $750,000 $500,000 $250,000
2424595-4400100 Palm Desert Aquatic Center $50,000 $50,000 4004618-4400100 Park Improvements $100,000 $100,000
4004674-4400100 Civic Center Park Improvements $50,000 $25,000 $25,000 Total: $1,075,000 $750,000 $ 325,000
Less: 5-Year Landscape Master Plan ($250,000)
Budget Balance $ 75,000
ATTACHMENTS:

1. AK Landscaping Proposal

2. AK Landscaping Agreement, Payment and Performance Bonds

3. Excel Landscape, Inc. Proposal
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Award On-Call Contracts to Multiple Vendors

Page 3 of 3 ends

4. Excel Landscape, Inc. Agreement, Payment and Performance Bonds

5. Horizon Professional Landscape, Inc. Proposal

6. Horizon Professional Landscape, Inc. Agreement, Payment and Performance Bonds

7. Mariposa Landscapes, Inc. Proposal

8. Mariposa Landscapes, Inc. Agreement, Payment and Performance Bonds

9. Vintage Landscape Proposal

10.Vintage Landscape Agreement, Payment and Performance Bonds

11.City Landscaped Areas Map

12.Palm Desert Medians Map
349
350
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[AK LANDSCAPING] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
RESPONSE DEADLINE: September 4, 2024 at 5:00 pm
Report Generated: Tuesday, September 10, 2024
Ak landscaping Response

CONTACT INFORMATION
Company:

Ak landscaping
Email:
[email protected]
Contact:

Eric Arechiga
Address:
42929 madio street
Indio, CA 92201
Phone:

N/A
Website:

N/A
Submission Date:

Sep 4, 2024 3:43 PM (Pacific Time)
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ADDENDA CONFIRMATION
Addendum #1
Confirmed Sep 4, 2024 7:58 PM by Eric Arechiga

QUESTIONNAIRE

1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:

A. Cover Letter

1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation.

B. Experience and Technical Competence

1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP.

2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person.

C. Firm Staffing and Key Personnel

1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. 352
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2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual.

3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.

4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function.

D. Proposed Method to Accomplish the Work

1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

City_of_Palm_Desert_Parks_and_Landscape_Enhancement_Project_Proposal.pdf

2. Fee Proposal*
The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement attached herein). Please provide hourly rates for the following positions at a minimum: Irrigator, Foreman, Laborer, Supervisor.

Hourly_rates_Palm_Desert.jpg

3. Non-Collusion Declaration*
The undersigned declares:

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

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost 353
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element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

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

Confirmed

4. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 754934
Click to Verify Value will be copied to clipboard

5. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database.

DIR number is currently being issued
Click to Verify Value will be copied to clipboard

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

7. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A").
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N/A

8. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect theCity's decision to enter into an Agreement.

N/A

9. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A").

Maximum response length: 5000 characters
N/A

10. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications, education, and professional licensing.

Eric_Arechiga_Resume.pdf

11. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name
B. Title
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C. Physical Business Address
D. Email Address
E. Phone Number
A. Mike Arechiga
B. Owner/CEO
C. 42929 Madio St
D. [email protected]
E. 760-578-5389
A. Eric Arechiga
B. President
C. 42929 Madio St
D. [email protected]
E. 760-485-6012

12. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* Confirmed
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City of Palm Desert:

Landscape Enhancement
Proposal
CREATED BY:

Eric Arechiga
September 4th, 2024
PROPOSED TO:

City Of Palm Desert, CA
AK Landscape
Maintenance
Inc.
357
To: City Of Palm Desert
Address: 73510 Fred Waring Drive
Palm Desert, CA 92260
RE: Proposal For "Parks and Landscape Enhancement Project" To Whom It May Concern,
AK Landscaping thanks you for the opportunity to present a proposal for the Parks and Landscape Enhancement Project. AK Landscaping has a dedicated team with the knowledge and experience to maintain and enhance the natural beauty of your landscape. AK Landscaping is a local family-owned company since 1977. Offering a thorough set of landscape services to residential, commercial, and municipal property. What separates our team in the industry is our expertise in our valleys climate, soils, and plant material. Operated by our first and second generation natives who oversee every account.

Comprised of college graduates and certified professionals in both the horticultural field and turfgrass management. Our team prepared the following proposal for the City of Palm Deserts "Parks and Landscape Enhancement" project.

Following our review of the project, our team at AK Landscaping is confident that we can provide the best quality of service at a competitive cost and is pleased to submit the following proposal based on the RFP for Landscape enhancements issued August 12th, 2024.

Contact Information: Eric Arechiga
AK Landscaping Maintenance inc. Located at 42929 Madio St, Indio, CA 92201 760-485-6012
[email protected]
Sincerely,
Eric Arechiga
Project Manger
AK Landscaping Maintenance Inc.

Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.

September 4th, 2024
2 358
This proposal presents our services offered for the "Parks and Landscape Enhancement" project. Our team at AK Landscaping offers a comprehensive set of landscape services within the landscape service sector.

AK Landscaping is a first class landscape maintenance and construction company committed to transforming and enhancing outdoor spaces into visually stunning and functional environments. We focus on quality, sustainability, and exceptional customer service, catering to 30+ residential, commercial, and municipal properties. Properties include the La Quinta Resort & Club, Outdoor Resort Indio, Ironwood Country Club, etc.

Mission Statement:

Our mission is to enhance the beauty and functionality of landscape by utilizing innovative design, expert craftsmanship, and the surrounding environment. dedication to client satisfaction. We strive to be the leading choice for landscape services with our commitment to client satisfaction. Our team prides itself in delivering outstanding results and fostering long-term relationships with our clients.

Services include but are not limited to the following:

Specialized Landscape Maintenance & Construction
Landscape Enhancements
Irrigation Modification, Modernization and Conservation Landscape 3D rendering design
Tree/Palm care, Trimming service, and arborist service
Weed, Pest, and insect control
Small to Large Landscape Projects
Our team of qualified individuals is committed and dedicated to our accounts throughout the Coachella Valley and hopes to provide you exceptional service with a commitment to excellence.

Executive Summary
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.
3 359
Experience and Technical Competence
Background:

AK Landscaping was founded in 1977 with the current owner Mike taking operations in 1989. Our office located in Indio, CA. Our current staff include over 100 qualified and experienced members. Our office is open Monday-Friday 8am to 4pm.

Experience:

AK Landscaping has over 35 years of dedicated service in the landscape industry. Standing as a testament of our commitment to excellence. Our extensive experience of working alongside residential, commercial, and municipal property has enabled us to establish a strong reputation as a first class landscape maintenance and construction business. Achieving exceptional results that exceed our clients expectations.

Supervision, Education, & Accountability:

AK Landscaping is committed to a foundation of supervision, education, and accountability to achieve high productivity and quality of work. Our focus on supervision plays an essential role in ensuring that all daily operations are executed to the industries best standards and practices. Maintaining quality and consistency throughout our work. While also allowing us to promptly resolve problems and minimize disruptions.

At AK Landscaping we believe that education is critical in equipping employees with the necessary technical skills and knowledge. Ongoing education ensures that team members are proficient in the latest best practices and standards. Allowing our team to be more responsive when it comes to meeting client expectations and needs.

Our emphasize on accountability ensure that all members of our staff are responsible for their own performance and adhere to our established standards and expectations. Setting clear goals, measuring performance, and addressing any deviation from these expected outcomes. All the while allowing our team to continuously improve by holding team members accountable. Identifying areas for improvement and implementing corrective actions. Fostering a culture of continuous improvement and higher levels of performance and quality.

Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.
4 360
References
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.

La Quinta Resort and Spa: Pool Conversion #1
Description: The Pool Deck Landscaping Enhancement project aims to revitalize and beautify the areas surrounding the pool deck to create a cohesive, inviting, and functional outdoor space. This project will focus on enhancing both the aesthetic appeal and the usability of the poolside area, integrating design elements that complement the existing pool structure and surrounding environment.

Client Name: La Quinta Resort and Spa
Name: Sergo Buis-Sereth
Title: Director of property Operations/Engineering
Telephone Number: 760-238-7724
La Quinta Resort and Spa: Grove Project
Description: The Date Palm Removal and Event Space Landscaping project is designed to revitalize an event space by removing 30 mature date palms and undertaking a comprehensive redesign of the landscape. This project aims to create a more functional, aesthetically pleasing environment that enhances the versatility and appeal of the event space for various functions and activities.

Client Name: La Quinta Resort and Spa
Name: Sergo Buis-Sereth
Title: Director of property Operations/Engineering
Telephone Number: 760-238-7724
Ironwood Clubhouse Exterior Desert Conversion
Description: The Desert Landscaping Transformation project aims to convert the exterior landscaping of the Ironwood Clubhouse into a beautiful and functional desert-themed landscape.

This transformation will embrace the natural beauty of the desert environment, enhancing the clubhouse’s exterior with sustainable, low-maintenance design elements that complement the surrounding landscape and create an inviting atmosphere for visitors.

Client Name: Ironwood CC Clubhouse
Name: Joshua Tanner
Title: Chief Executive Officer/ General Manager
Telephone Number:760-766-1090
5 361
References
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.

Rancho Mirage Racquet Club Desert landscape Conversion
Description: The Turf Removal and Desert Landscape Conversion project at Rancho Mirage Racquet Club aims to transform 30,000 square feet of existing turf into a sustainable and aesthetically pleasing desert landscape. This initiative will enhance the facility's outdoor environment by incorporating drought-tolerant and low-maintenance landscaping that aligns with the desert climate, reduces water consumption, and improves the overall visual appeal and functionality of the space.

Client Name: Rancho mirage Racquet Club
Name: Mike Ranco
Title: Board president
Telephone Number: 661-810-0469
6 362
Firm Staffing and Key Personnel
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.

Staffing
Project Manager: Martin Arechiga
Role and Responsibilities:

Primary contact: serve as the main liaison between the City of Palm Desert and our team, Ensuring effective communication and coordination of all tasks throughout the project.

Project oversight: Oversee all aspects of the project, Including planning, implementing, and monitoring all task from start to finish. To ensure that he projects stays on schedule Problem Resolution: In the event a problem arise. Address and resolve any issues or challenges that arise during the project, working closely with City Representatives to find solutions.

Reporting: Provide regular updates and detailed progress reports to the city on completed tasks and upcoming milestones.

Site Supervisor: Jose Luis Martinez
Role and Responsibilities:

Field Management: Oversee day-to-day operations on-site, ensuring that all tasks are performed according to the project plan and meet specifications.

Team Coordination: Manage field crews, assign tasks, and ensure that work is completed efficiently and to a high standard.

Quality Control: Conduct regular inspections of work in progress to ensure adherence to quality standards and address any issues promptly.
7 363
Firm Staffing and Key Personnel
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.

Staffing
Irrigation Specialist: Julian Alvarez
Role and Responsibilities:

System Design and Installation: Design and oversee the installation of efficient irrigation systems, ensuring proper coverage and water conservation.

Maintenance and Troubleshooting: Monitor and maintain irrigation systems, addressing any malfunctions or issues to ensure optimal performance.

Water Management: Provide recommendations for water management strategies to align with sustainable practices and local water regulations.

Each member brings specialized skills and experience to ensure the successful execution of the "Parks and Landscape Enhancement" project. Their roles and responsibilities are designed to provide comprehensive support and ensure that all aspects of the project are managed effectively. 8 364
Firm Staffing and Key Personnel
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.

Key Personnel
Mike Arechiga, CEO
Mike is a proud native to the Coachella valley with 40+ years in the landscape maintenance and construction industry. Mike founded AK landscaping in 1989 and later received his C-27 contracting license in 1998. Since then Mike has continued to expand his organization to 100+ employees alongside the second generation sons Eric, Michael, and Martin.

Eric Arechiga, President
Eric oversees the landscape maintenance accounts. Eric has a BA in Business Economics from California state university of Fullerton. Eric has also attended numerous horticultural and turf grass management classes at COD and is set to complete two associates degrees in the spring of 2025. Eric is also receiving the following Certificates from COD:

Arborists Technician Certificate
Landscape Irrigation Technician Certificate
Pest Management Certificate
Turfgrass management Technician Certificate
Michael Arechiga, Vice President
Michael oversees landscape construction projects. Michael is a native to the Coachella valley having grown up in Palm Desert. He has over 12 Years of landscape construction experience. Michael is involved in overseeing business development alongside Eric Arechiga. Ensuring a strong future for the organization and clients of AK Landscaping.

Martin Arechiga, Lead Designer
Martin is involved in overseeing the design process of landscape construction Projects. He has worked in landscape design for 10+ years. Working alongside brothers Eric and Michael Arechiga to ensure that all installs are visually pleasing and tolerable of our desert climate. Together they have overseen over 300,000 Square feet of desert landscape conversions since 2022. 9 365
Team Organization
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.
10 366
Proposed Method to Accomplish the Work
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.

Our approach is designed to meet the City's efforts to expedite task orders while meeting requirements for installation, repairs, maintenance, and enhancements of both parks and/or landscape areas. This approach integrates thorough planning for each individual task ordered. Our team will leverage our expertise and experience in horticulture, landscape design, and project management to deliver high quality results that align with the City's goals and expectations.

It is through the utilization of our diverse and qualified workforce AK landscaping is confident in meeting the performance requirements for the services we offer. Our Full-time account manager will be responsible for coordinating client request to crew leaders. While our experienced foreman's responsibility will be to oversee the scheduling of task to be completed by our work teams. Our work teams are experienced in all areas of landscape and golf maintenance.

Including the following:
irrigation maintenance, repairs, and installation
Sod Preparation and installation
Topdressing
Median landscape and assessment district Improvements
Plant material installation
Mow curb and related concrete improvements
Small - Large Landscape projects
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368
369
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CITY OF PALM DESERT

MAINTENANCE SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 1st day of December, 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 AK Landscaping, a Corporation, with its principal place of business at 42929 Madio Street, Indio, CA 92201 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Contractor.

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

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

2.2 Project.

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

Parks and Landscape Enhancement Project
Project No. CPK00003
(hereinafter referred to as “the Project”).

3. Terms.

3.1 Scope of Services and Term.

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

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

3.1.2 Term. The term of this Agreement shall be from December 1, 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 oneyear terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the 371
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means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

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

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

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

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

3.2.4 City’s Representative. The City hereby designates Brad Chuck, Landscape Supervisor, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

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

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

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. 372
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Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two-Hundred and Fifty Dollars ($250.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

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

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

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

3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
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3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

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

3.2.11 Insurance.

3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each 374
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accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Fidelity Coverage. Reserved.
(F) Cyber Liability Insurance. Reserved.
a) Liability arising from the theft, dissemination
and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination, or use of confidential information. b) Network security liability arising from the
unauthorized use of, access to, or tampering with computer systems. c) Liability arising from the failure of technology
products (software) required under the contract for Vendor to properly perform the services intended.
d) Electronic Media Liability arising from personal
injury, plagiarism or misappropriation of ideas, domain name infringement or improper deeplinking or framing, and infringement or violation of intellectual property rights. e) Liability arising from the failure to render
professional services.
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If coverage is maintained on a claims-made basis, Contractor shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. (G) Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.

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

City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and 376
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representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its subconsultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and 377
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types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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

3.2.13 Bonds.

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

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

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written 378
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notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

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

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

3.2.15 Work Sites.

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

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

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

3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for 379
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such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each approved Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed Seven Hundred Fifty Thousand Dollars ($750,000) without written approval of the City Council or City Manager, as applicable.

3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed 380
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and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.3.2.1 Retainer. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Agreement retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Agreement prior to final payment by City.

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

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

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll 381
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records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

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

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Conflict of Interest. The Contractor covenants that any and all relationships with construction firms that may submit bids for projects developed under this agreement will require full disclosure of any direct or indirect conflicts of interest, financial interests, relationships, and the nature of any relationships with any related project bid submitters; and that any violation of this provision may result in the immediate termination of the Agreement

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

3.4.4 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.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
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Contractor: AK Landscaping
42929 Madio Street
Indio, CA 92201
ATTN: Eric Arechiga, President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Brad Chuck, Landscape Supervisor
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

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

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

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

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

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

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition 383
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to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

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

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

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

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

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

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
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3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND AK LANDSCAPING
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

AK LANDSCAPING, A CORPORATION
By:

Mike Arechiga
CEO
By:

Eric Arechiga
President
754934
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
386
Contract No. ___________
Exhibit “A”
Revised 10-2024
BBK 72500.00001\32374915.1
EXHIBIT “A”

SCOPE OF SERVICES
The Proposer to be knowledgeable in the installation, repair, and maintenance of the following park and landscape items:
 Landscape and Irrigation maintenance, repair, and installation  Sod preparation and installation
 Topdressing of sports turf
 Park amenities material installation (sand volleyball courts, baseball infields, etc.)  Minor playground repairs
 Park site furnishing repairs and installation
 Medians landscape improvements
 Assessment Districts improvements
 Tree and shrub planting
 Mow curb and related concrete repairs
 Installation of cobble and inorganics
 Proper traffic control as defined in the WATCH handbook  Small scale landscape projects
The scope of services is not limited to the items listed above. In addition, more detailed work may be required, such as installation and programming of Smart Controllers, troubleshooting faulty irrigation wires, repairing and programming two-wire irrigation systems, leveling and grading, and other specialty work associated with park and landscape maintenance The City intends to award the contract as a 3-year agreement with an option of (2) one-year extensions, subject to funding availability and City Council approval. The Agreement shall not exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) per fiscal year for performance of said Services.

No Services shall be performed by the Contractor unless authorized by the City and by a fully executed Task Order.
387
Contract No. ___________
Exhibit “B”
Revised 10-2024
BBK 72500.00001\32374915.1
EXHIBIT “B” TASK ORDER FORM SAMPLE
388
Contract No. ___________
Exhibit “B”
Revised 10-2024
BBK 72500.00001\32374915.1
EXHIBIT “B” TASK ORDER FORM SAMPLE
389
Contract No. ___________
Exhibit “C”
Revised 10-2024
BBK 72500.00001\32374915.1
EXHIBIT “C”

COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. The City and Contractor may review the CPI on an annual basis and recommend adjustments to the City Manager or City Council for approval. Any increase shall not exceed the Consumer Price Index.

The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed Seven Hundred Fifty Thousand Dollars ($750,000) without written approval of the City Council or City Manager, as applicable.

Pricing schedule is as follows:

Position Hourly Rate
Irrigator $55.00
Foreman $60.00
Laborer $50.00
Supervisor $75.00
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Contract No. ___________
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BBK 72500.00001\32374915.1

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to AK Landscaping, (hereinafter referred to as the “Contractor”) an agreement for Parks and Landscape Enhancement Project (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated December 1, 2024, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, AK Landscaping, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Seven Hundred Fifty Thousand Dollars, ($$750,000), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
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Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

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

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to 393
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
do so must be attached hereto.
394
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
395
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
396
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1

PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed October 24, 2024, has awarded to AK Landscaping, hereinafter designated as the “Principal,” a contract for the work described as follows:

Parks and Landscape Enhancement Project (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated December 1, 2024, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Seven Hundred Fifty Thousand Dollars, ($750,000) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or 397
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
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Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
399
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
400
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
401
402
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[EXCEL LANDSCAPE INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
RESPONSE DEADLINE: September 4, 2024 at 5:00 pm
Report Generated: Tuesday, September 10, 2024
Excel Landscape Inc. Response

CONTACT INFORMATION
Company:

Excel Landscape Inc.

Email:
[email protected]
Contact:

Marty Fox
Address:
1185 Magnolia Ave. Ste E400
Corona, CA 92879
Phone:

N/A
Website:

N/A
Submission Date:

Sep 3, 2024 2:57 PM (Pacific Time)
403
[EXCEL LANDSCAPE INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
[EXCEL LANDSCAPE INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Parks And Landscape Enhancement Project

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Palm Desert City CouncilOctober 24, 2024

Palm Desert City Council
October 24, 2024