Agenda packet, regular meeting — Palm Desert City Council, January 9, 2025 (part 2 of 3)

4. Term. This Agreement shall be effective as of July 1, 2024, and continue in effect until June 30, 2029, unless sooner terminated in accordance with the termination provisions set forth hereinafter.

5. Unilateral Termination. Despite the provisions that this contract shall be in force until June 30, 2029, this Agreement may be terminated by either party, with or without cause, at any time upon either party giving ninety (90) days' written notice to the other party of said termination. Upon such notice being properly given, this Agreement shall terminate upon the date specified in the written notice.

6. Relationship of Parties. It is understood that the contractual relationship of the THE LIVING DESERT ZOO & GARDENS to the CITY is that of Independent Contractor; THE LIVING DESERT ZOO & GARDENS is not the agent of the CITY, nor an employee of the CITY. CITY shall not direct the manner in which THE LIVING DESERT ZOO & GARDENS constructs the facilities, but THE LIVING DESERT ZOO & GARDENS shall be responsible for the completion of the project. The means by which THE LIVING DESERT ZOO & GARDENS constructs the facilities specified hereunder shall be determined solely by THE LIVING DESERT ZOO & GARDENS. CITY shall exercise no control over the manner and details of performance, the specific hours that any employee of THE LIVING DESERT ZOO & GARDENS may work, who shall be employed by THE LIVING DESERT ZOO & GARDENS or which employee is assigned to any particular function or duties; nor shall CITY provide supplies or tools utilized to accomplish the tasks undertaken by THE LIVING DESERT ZOO & GARDENS. The CITY is not responsible for salary reimbursement or provisions, and grant funds cannot be used to fund any wage, salary or benefits offered by THE LIVING DESERT ZOO & GARDENS.

7. Assignment. This Agreement shall not be assigned or duties hereunder delegated by THE LIVING DESERT ZOO & GARDENS without the written consent of the CITY.

8. Amendment. This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel performance of such provision or provisions.

9. Indemnification. THE LIVING DESERT ZOO & GARDENS shall indemnify and hold CITY harmless, and each of its officers, directors, employees, and agents, and each of their heirs, successors, and assigns against, and shall indemnify and hold parties harmless from any and all claims, costs, liabilities, penalties, damages, or expenses of any kind or nature whatsoever, whether based on negligence or strict liability, including, but not limited to court costs, reasonable attorney’s fees, and expenses, whether incurred at trial, appellate, or administrative level, or in connection with any required arbitration, which any such indemnified parties may suffer or incur, or to which any of such indemnified parties may be subjected, as a result of or arising out of this Agreement. Such indemnification, however, is subject to CITY and any other indemnified party claiming the right to be indemnified by providing written notice to THE LIVING DESERT ZOO & GARDENS of any such claim for damage under this Agreement within 15 days of receiving notice of such claim. 166

Contract No.__________

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10. Notice. Any and all notices or other communications required or permitted by this Agreement to be served or given to either party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed or, in-lieu-of personal service, when deposited in the United States mail, first class – postage pre-paid, addressed to CITY and THE LIVING DESERT ZOO & GARDENS as follows:

Either party may change its address for purposes of this Agreement by giving written notice of the change to the other party in the manner provided in this paragraph.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their respective authorized officers, effective as of January 9, 2025,

City of Palm Desert
Attn: L. Todd Hileman
City Manager
73-510 Fred Waring Drive
Palm Desert, CA 92260
The Living Desert Zoo & Gardens
Attn: Allen Monroe
President and CEO
47900 Portola Avenue
Palm Desert, CA 92260

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

THE LIVING DESERT ZOO & GARDENS
By:

Allen Monroe
President and CEO
City Clerk QC: _____
Contracts QC: _____
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Contract No.__________

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EXHIBIT “A”

PAYMENT STRUCTURE
City shall pay to the recipient progress payments on the following dates, upon satisfaction of requirements referenced in Exhibit B, the following stated amounts for a cumulative total, not to exceed $1,250,000:
• Upon final execution of document $250,000
• On the first anniversary of execution date $250,000
• On the second anniversary of execution date $250,000
• On the third anniversary of execution date $250,000
• On the fourth anniversary of execution date $250,000
The foregoing shall be the only payments made to the recipient during the entire term of this agreement.
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Contract No.__________

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EXHIBIT “B”

PROGRAMMATIC REQUIREMENTS
In recognition of the CITY’s funding commitment in the amount one million two hundred and fifty thousand dollars, THE LIVING DESERT ZOO & GARDENS will:

1. The City’s contributions will also be acknowledged annually in The Living Desert’s Honor Roll of Donors, which will be displayed digitally in the new welcome plaza and in signage in the Chase Administration Building. The City’s contributions through this agreement will be combined with its previous support of The Living Desert so that the City’s cumulative support can be recognized permanently. Cumulative and annual giving are acknowledged each year at special donor events, on signage,and in publications. The City of Palm Desert will receive significant attention, commensurate with the increasing amount of its cumulative support and the location of Palm Desert must be included when promoting the park.

2. Glow in the Park 2025 would be referred to as Glow in the Park presented by The City of Palm Desert at The Living Desert Zoo and Gardens. This would be a nonexclusive sponsorship with event naming rights as presenting sponsor. o Inclusion in select event advertising, which may include select print, outdoor, digital, radio and/or broadcast
o Public Relations, which may include press releases and other tactics o Name included on The Living Desert’s Facebook Event details o Name/logo on event program and digital screens
o Name/logo on printed signs
o Name/logo on website event page
o Option to purchase bulk tickets at member rate

3. Palm Desert Night at WildLights at The Living Desert Zoo and Gardens. The Living Desert will provide: 500 tickets per year in 2025, 2026, 2027, and 2028 for Palm Desert Night at WildLights. The tickets will be good only for Palm Desert Night at WildLights and are non-transferable. Palm Desert Night will be held on a scheduled WildLights night and will not be exclusive to the City of Palm Desert but will be promoted as Palm Desert Night. Council member/s and/or Mayor are welcome to conduct a proclamation before the event open. 169
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 9, 2025
PREPARED BY: Daniel Hurtado, Public Safety Analyst
Chris Escobedo, Assistant City Manager
SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO THE LAW ENFORCEMENT

SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND

THE COUNTY OF RIVERSIDE
RECOMMENDATION:

1. Approve Amendment No. 1 to the Law Enforcement Services Agreement between the City of Palm Desert and the County of Riverside to reflect the addition of six sworn officers in two phases, consistent with the City Council-approved Measure G - Five-Year Spending Plan.

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

3. Authorize the City Manager to execute the Agreement and any documents necessary to effectuate and implement actions taken herewith
BACKGROUND/ANALYSIS:

The City of Palm Desert contracts exclusively with the Riverside County Sheriff's Department to provide municipal police protection within the corporate limits of the City. The Sheriff's Department serves as the sole provider of general and specialized law enforcement services, ensuring public safety, crime prevention, and emergency response across the community. This long-standing partnership allows the City to benefit from the expertise, resources, and specialized units of the Sheriff’s Department while maintaining a high standard of public safety tailored to the City’s needs.

On August 24, 2023, the City Council approved an Agreement for Law Enforcement Services between the City of Palm Desert and the County of Riverside, Riverside County Sheriff’s Department for a three-year term from July 1, 2024, through June 30, 2027.

On June 13, 2024, the Palm Desert City Council approved placing Measure G, a one-cent sales tax, on the November 5, 2024, ballot. Measure G was subsequently approved. To ensure the transparent and strategic use of Measure G funds, the City Council adopted a Five-Year Spending Plan during its November 14, 2024, meeting. The Spending Plan prioritizes critical public safety investments, including the phased addition of six sworn officers under the City’s Law Enforcement Agreement with the Riverside County Sheriff's Department.

The table below details the number of contracted officers from FY 2019/20 to FY 2025/26, highlighting key staffing changes over this period. In FY 2019/20, daily patrol hours were reduced from 171.4 to 144 hours, accompanied by a corresponding reduction in personnel. Over the following years, the City implemented incremental adjustments, including the introduction of an 171
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Automated License Plate Recognition (ALPR) system in FY 2022/23, which enhanced law enforcement's ability to cover a broader area with fewer resources. With the support of Measure G funding, the City plans to increase patrol hours to 180 per day. Additionally, deputies will transition to 12-hour shifts, further improving operational efficiency and coverage.

The six additional officers will be incorporated as follows:

Phase 1: Effective January 1, 2025
- One (1) Patrol Deputy
- Two (2) Motorcycle Enforcement Officers (including the acquisition of two motorcycles) Phase 2: Effective July 1, 2025
- Two (2) Patrol Deputies
- One (1) Special Enforcement Team (SET) Officer
The Riverside County Sheriff’s Department has indicated they can fill Phase 1 as early as January 1, 2025, but need additional time to successfully fill the Phase 2 positions, which will take place in Fiscal Year 2025-26. Once the two phases are filled, the City’s staffing levels will be as follows and outlined in the table above:

Average Patrol Services
- 180 supported hours per day (equivalent to 35 Deputy Sheriff positions at 1,884 annual productive hours per position).

Non-Dedicated Positions
- One (1) Deputy Sheriff Position (Commercial Enforcement) – Supported (Cove Communities Shared Position)
- Two (2) Deputy Sheriff Positions (Burglary Suppression) – Supported 172
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Dedicated Positions
- One (1) Sheriff Lieutenant Position
- Two (2) Sheriff’s Sergeant Positions (Business District Team and Traffic Team) - Six (6) Deputy Sheriff positions (Motor Officers) – Supported - Four (4) Deputy Sheriff Positions Special Enforcement Team (SET) – Supported - Four (4) Deputy Sheriff Positions Business District – Supported - Two (2) Deputy Sheriff Positions (School Resource Officers) – Unsupported - One (1) Deputy Sheriff Position (Violent Crime Task Force) - One (1) Deputy Sheriff Position (Coachella Valley Narcotics Task Force) - Eleven (11) Community Service Officer II positions
City staff has worked in conjunction with the Riverside County Sheriff’s Department. The City’s Dedicated Lieutenant has reviewed and supported staff’s recommendation.

Legal Review:

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

Strategic Plan:

This amendment supports the Palm Desert Strategic Plan, particularly Priority 1: Enhance the Delivery of Public Safety Services. It builds on the City's commitment to expand law enforcement resources in response to community growth, safety concerns, and identified priorities.

Appointed Body Recommendation:

The Public Safety Committee has recognized the critical need for increased patrols within the City to address growing traffic issues and rising crime rates. During the December 10, 2024, meeting, the committee unanimously endorsed the recommendation to add additional officers, emphasizing the importance of strengthening public safety and proactively addressing these pressing concerns.

FINANCIAL IMPACT:

The approved FY 2024-25 Annual Budget includes approximately $23.5M for police services in the City of Palm Desert, reflecting a contract rate increase from the previous year as well as the increase associated with Measure G approval. Contract rates are adjusted annually based on the rates approved by the Board of Supervisors. The annual contract increases are reflected below:

FISCAL YEAR CONTRACT RATE INCREASE TOTAL COST
FY 2022/23 1.63% $ 20.4 million
FY 2023/24 2.45% $ 21.6 million
FY 2024/25 Released in April 2025 $ 23.4 million*
*Budget is based on projections from the county.

Phase 1 of the additional officers will begin in FY 2024-25 at a total annual cost of $1.3 million.

Phase 2, scheduled for FY 2025-26, will be included in the proposed FY 2025-26 Annual Budget. 173
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ATTACHMENTS:

1. First Amendment to the Agreement for Law Enforcement Services

2. Approved Law Enforcement Contract C46170

3. Contract Law Enforcement Rates FY 2023-2024
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Original oof 3

AGREEMENT FOR LAW ENFORCEMENT SERVICES

BETWEEN THE CITY OF PALM DESERT

AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT FOR LAW ENFORCEMENT SERVICES (" Agreement") is made and entered into by and between the CITY OF PALM DESERT, a California Charter City, hereinafter City;' and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of the Riverside County Sheriffs Department, hereinafter " County", sometimes collectively referred to herein as the " parties" and individually as a " party".

IT IS THEREFORE AGREED AS FOLLOWS:

1. TERM

1. 1 Effective Dates. This Agreement shall be effective from July 1, 2024 through June 30, 2027

1. 2 Renewal. In the event City desires to terminate this Agreement at the end of any current three ( 3) year period, the City Council, not later than twelve ( 12) months preceding the expiration date of the current term ofthis Agreement, shall notify the Sheriff and the Board of Supervisors that it wishes to terminate the same.

1. 3 Termination. Notwithstanding the provisions of Paragraphs 1. 1 and 1. 2 herein, either party may terminate this Agreement upon notice in writing to the other party of not less than twelve ( 12) months prior to the effective termination date.

2. SCOPE OF SERVICE

2. 1 Services. The County agrees, through Sheriff thereof, to provide municipal police protection within the corporate limits of City to the extent and in the manner hereinafter set forth. It is understood that the Sheriffs Department shall be the sole provider of general and specialized law enforcement services within the corporate limits of City. City shall not hire any other persons or company to provide general and specialized law enforcement services within the corporate limits of City. However, City is not precluded by any language in this section from hiring an unarmed code enforcement unit. The Sheriffs services shall encompass duties and functions ofthe type falling under the jurisdiction of and customarily rendered by a police department of the City under State statutes.

Such services shall include the enforcement of State Criminal Codes and all pertinent City criminal codes and ordinances. Services shall also include traffic enforcement and related services to the extent possible given the size of the force provided for in this Agreement. County agrees to provide all investigative support necessary to complete criminal investigations conducted hereunder. However, all investigator overtime will be charged to City at the Board of Supervisors approved hourly overtime rate.

OCT 17 2023 3.33 185

2.2 California Identification System ( CAL -ID) and Records Management System. ucmU. t City agrees as a condition of receiving services hereunder to participate in CAL -ID and RMS under the terms and conditions set forth in this Section and to pay for these services under separate billings.

2. 2A Definitions. For purposes of this Agreement the following are some of the more common definitions which shall apply, but shall not be limited by this reference:
a) Records Management System ( RMS) Functions shall mean the software functions provided to City by County, which are supplied by the RMS. These functions shall include inquiry and case entry into the RMS, access to the Master Name Index, Warrant and Master Location Index and Jail Locator databases.
b) The California Law Enforcement Telecommunications System Access ( CLETS) shall mean that access to the Department of Justice computers provided by County to City.
c) Work Station shall mean those County devices and software, which are used by City to access RMS functions and the CLETS.
d) LAWNET shall mean the County' s law enforcement telecommunications network consisting of County provided data circuits, digital service units, routers, hubs and other County provided hardware and software that is used by City to connect work stations to RMS services as defined below.
e) County Services shall mean the collective hardware and software, work LAWNET, stations, RMS functions and CLETS.

2.2E Scope of RMS Services. County agrees to provide to City full access to the RMS and CLETS systems. CLETS access will be provided within the scope of CLETS access rules and regulations as established by the California State Department of Justice.

2.2C Provision ofRMS Supervision. Labor and Equipment. Supervision over the provision of County Services, the standards of performance and other matters incident to the performance of such services, shall remain with County. Security of the host system and control of LAWNET shall remain with County. The County shall famish all labor and equipment for the host system necessary to maintain the level of service rendered hereunder. In the event City chooses to provide PC -based equipment for services defined herein, the equipment must be configured in accordance with County specifications. Further, City shall not alter the configuration of any PC - based equipment used to provide services herein without the permission of Sheriffs Information Technology Officer.

2.21) Establishment of RMS Rates and Payment of Costs. Establishment of RMS rates and payments for provided services shall be as specified in Sections 7.2 and 7.4 of this Agreement.

3. LEVEL OF SERVICE
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3. 1 Level of Service Specified. County shall provide all enforcement services at the level specified in Attachment A, attached hereto and incorporated herein by this reference.

3. 2 Variation in Level ofService. Variations in the level ofservice shall be made by amendment, as provided for in Section 11 of this Agreement, and under the following terms:

If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of service as soon as is practicable, consistent with the ability of the Sheriff to hire and train recruits.

If City elects to reduce the level of service provided herein by ten percent ( 10%) or greater, City must give notice in writing to County not less than twelve ( 12) calendar months prior to the effective date of such reduction. If City elects to reduce the level of service provided herein by less than ten percent ( 10%). County agrees to reduce the level of service accordingly as soon as it is practicable. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety.

4. CHIEF OF POLICE
The Sheriffwill, to the extent practical, coordinate appointment ofa Police Chief with City and consult with City on final selection for the position.

5. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT

5. 1 Supervision. Supervision over the rendition of law enforcement services, the standards of performance, the discipline ofofficers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with County. The Sheriff or a designated representative will meet and confer with the City Manager or a designated representative on questions related to the provision of services.

5. 2 Labor and Equipment. For the purpose ofperforming said services, County shall furnish and supply all labor, supervision, equipment, communication services, and supplies necessary to maintain the level of service to be rendered hereunder. Location of the above will not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that in all instances where specific equipment used solely to support specialized enforcement activities within the City not normally provided by the Sheriff is to be used, or where special supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the name of City, such equipment and materials shall be supplied by City at its own cost and expense. Any such special equipment or materials so purchased by City shall meet with the Sheriffs specifications shall remain within the City limits, and ownership title thereto shall remain with City.

However, under no circumstances shall City purchase or otherwise provide general patrol vehicles for services provided pursuant to this Agreement without pennission of Sheriff. The County shall provide all marked general Patrol vehicles to City and shall charge City for their use on a per mile basis.

5.3 City -Owned Motorcycles and Specialized Support Vehicles. In the event City chooses to provide motorcycles or specialized support vehicles for use in providing services hereunder, the 187
motorcycles or specialized support vehicles shall meet minimum specifications furnished by County, shall be adequately equipped and ready for use, and shall be registered in the name of City. It is further understood that City is providing motorcycles or specialized support vehicles to Sheriff expressly for law enforcement services and shall only be operated by Sheriffs personnel, or persons authorized by the Sheriff.

City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated with use of the motorcycles and specialized support vehicles for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City -owned motorcycles or specialized support vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of the City -owned motorcycles or specialized support vehicles, including the property damage caused by the negligence or wrongful acts of County officers and employees while operating City -owned motorcycles and specialized support vehicles. Motorcycles and specialized support vehicles shall be used only for city -approved functions. 5A Vehicle Insurance. City shall maintain insurance for any physical damage to the City - owned vehicles in an amount equal to the replacement value ofall vehicles provided to the County under this Agreement. Policy shall, by endorsement, name the County ofRiverside, its Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, or representatives as Additional Insureds. Such insurance may be provided through a program of self-insurence.

General Insurance Provisions - All lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State ofCalifornia and have an A.M. BEST rating ofnot less than an A: VIH (A: 8) unless such requirements are waived, in writing, by the County Risk Manager. If the Counvs Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
b. The City shall cause their insurance carrier( s) to famish the County of Riverside with 1) a properly executed original Certificate( s) of Insurance and certified original copies of Endorsements effecting coverage as required herein; or, 2) ifrequested to do so orally or in writing by the County Risk Manager, provide original certified copies ofpolicies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certific rte( s) and policies of insurance shall contain the covenant of the insurance carrier( s) that shall provide no less than thirty (30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages and the insurance required herein are in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. If County is utilizing City -owned vehicles, operations shall not commence until the County of Riverside has been furnished original Certificate ( s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as requited in this Section.
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c. It is understood and agreed by the parties hereto and the City's insurance company(s), that the Certificate( s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County' s insurance and/ or deductibles and/ or self -insured retentions or self -insured programs shall not be construed as contributory.

6. EMPLOYMENT STATUS OF PERSONNEL

6. 1 Employment Status. Any persons employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of County on special assignment to City for the purposes ofthis Agreement, and shall not be considered employees of City. No such County employee shall have any entitlement to compensation, workers' compensation coverage, pension, or civil service benefits from City.

6. 2 Labor Shortage. In the event of a work slow -down, strike, or any other form ofjob action by those individuals assigned to City, County agrees to provide only that level ofservice which may be available through mutual aid, pursuant to Government Code Section 8615, et seq. City shall be billed only for the actual hours of service received

7. COMPENSATION

7. 1 PaymentBasis. City shall reimburse County the cost of rendering services hereunder at rates established bythe County Board of Supervisors, which rates shall include all items of cost and expense tothe Sheriff for providing theservices hereunder. Such cost of services shall be established by the County Board of Supervisors inthe form of hourly rates for Sheriff'sDepartment personnel, vehicle mileage rates, facility userates, RMS transaction fees and CAL -ID fees. "Cost" as used herein shall not include items of expense attributable toservices normally provided or available toall territory within the County as part of County'sobligation toenforce State law. In addition toany other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an invoice from County, acriminal justice administrative feeconsistent with Government Code Section 29550 with respect toarrests made by County employees pursuant tothis Agreement justas if such arrests hadbeen made by City employees. Pursuant to Government Code Section 51350, County shalt not charge City for services itwould provide toany city inthe County freeof charge. These services, which are provided at the discretion of County, could typically include the services ofthe Sheriffs Special Investigations Bureau, Emergency Services Team and Aviation Unit. 7.
2 Establishment ofCosts. The rates tobe charged Cityshall be adjusted periodically, but not more than once each fiscal year, to reflect any changes inthe cost to County for providing services hereunder.

City shall be notified of any change inthe rates tobe charged City prior tosubmittal ofthe proposed change to the County Board of Supervisors for adoption, and City shall be given the opportunity toreview the proposed change with County personnel. City shall, thereafter, be notified of adoption by County ofthe rates to be charged City, and said new rates shall take effect on the same date as County incurs the associated costs. Should City, subsequent toa rate adjustment, choose not to appropriate or expend any additional monies needed tosupport the level of service theretofore supplied, County reserves the right to reduce the level of service in accordance with the amount City is willing toexpend. 189

7. 3 Facility Rate Charges. City shall reimburse County for the costs incurred by the Sheriffs Department at County -owned or leased facilities. Costs are prorated according to the facility' s square footage occupied by a Sheriffs Department Bureau or Unit. 73A Calculation of Facility Rates. The total of the facility' s cost components is divided by the appropriate variable number of positions ( number of station funded, sworn department funded or total Department funded employees depending on the facility in question and the Department population served). This cost per funded position is then applied to the number of positions chargeable to the contract city to arrive at each contract city' s share of the facility cost.

The County agrees that Facility Rate Station charges to City will not be increased due to the Sheriffs decision to move Contract or unincorporated County Patrol positions from the Station.

7.4 Payment of Costs. County, through the Sheriffs Department, shall provide to City within 30 days of the conclusion of each billing period, an itemized statement of the costs for services being charged for said billing period. Billing statements for RMS services will be provided quarterly for services being charged for said quarter. City shall remit payment to the invoicing department within 30 days after receipt of such statements. If such payment is not received by the County within thirty 30) days after presentation ofbilling, County may satisfy such indebtedness from any funds of the City on deposit with County as provided by law pursuant to Government Code Section 907.

7.5 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen ( 16) weeks of training on a one- time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be provided for field training costs in conjunction with the rate adjustment billing. Field training costs will not apply to supervisory or classified positions added to the level of service.

7. 6 Miscellaneous Costs. There are a number of other service costs that City shall be responsible for paying as they are incurred. These costs are not included as the support or service and materials cost components in the fully supported Deputy hourly rate, nor my other such rates established by the County Board of Supervisors. These service costs may include, but are not limited to, charges from vendors for. crime scene clean- up, blood draws, rape exams, polygraph exams, specialized printing jobs exclusive to City and training for personnel requested by City for specialized law enforcement.

8. INDEMNIFICATION AND HOLD HARMLESS

8. 1 Indemnification by City. City shall indemnify and hold harmless the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of City, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. City shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by 190
City, City shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent ofCounty; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes City' s indemnification of County. City's obligations hereunder shall be satisfied when City has provided to County the appropriate form of dismissal ( or similar document) relieving the County from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe City' s obligations to indemnify and hold harmless the County.

8. 2 Indemnification by County. County shall indemnify and hold hamiless the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of County, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. County shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by County, County shall, at its sole cost, have the right to use counsel ofits own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes County's indemnification of City. County' s obligations hereunder shall be satisfied when County has provided to City the appropriate form ofdismissal (or simihu document) relieving the City from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe County' s obligations to indemnify and hold harmless the City.

9. ADMINISTRATION
The Mayor of City shall administer this Agreement on behalf of City, and the Sheriff shall administer this Agreement on behalf of County.

10. RECORDS
County shall maintain adequate records to discharge its responsibilities under this Agreement, and shall permit inspection of County' s appropriate records that relate to City services under this Agreement, as allowed by law. County shall provide City access to appropriate records pertaining to City services for approval, funding or auditing services, upon reasonable notice. County shall maintain such records for periods of time as provided by law or records retention schedules duly adopted by the appropriate legislative body. Covenants under this Section shall survive the termination of this Agreement.

11. ALTERATION OF TERMS
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties.

No waiver of any term or condition of this Agreement by either party shall be a continuing waiver thereof.
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12. NOTICES
Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below:

County Citv
Chad Bianco, Sheriff City of Palm Desert
Riverside County Sheriffs Department 73. 510 Fred Waring Drive Post Office Box 512 Palm Desert, California 92260
Riverside, California 92502 Attn: City Manager
or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be seat to:

Clerk of the Board of Supervisors
County of Riverside
4080 Lemon Street, I' Fluor
Riverside, California 92501
Notice shall be deemed given when in writing and delivered personally or mailed with confirming delivery receipt addressed as set out above.

13. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

14. STANDARD OF CARE
In performing the police services required by this Agreement, County agrees to use that degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers in performance of the duties required by this Agreement. All Sheriffs personnel who provide general and specialized law enforcement services to City pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation.

15. JURISDICTION AND VENUE
This Agreement shall be construed under the laws of the State of California. In the event any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County.

16. ENTIRE AGREEMENT
This Agreement is intended by the parties hereto as a final expression oftheir understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith.
192

17. ELECTRONICIDIGITAL SIGNATURES
This Agreement may be executed in any number of counterparts, each of which will be an original, but all ofwhich together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ( O CUETA") Cal. Civ. Code §§ 1633. 1 to 1633. 17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of electronic signature" as defined in subdivision ( i) of Section 1633. 2 ofthe Civil Code.

Signatures on Following Page]
193
IN WITNESS WHEREOF, the City of Palm Desert, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chair of, said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below.

CITY OF PALM DESERT
Dated: August 24, 2023 By:

Kathie Kelly, ay
ATTEST:

Anthony J. Mejia
City Clierk
By:

Best B Krieger, LLP
City Attorney

COUNTY OF RIVERSIDE
Kevin Jefferies
Chair of the Board of Supervisors
Riverside County Board of Supervisors
ATTEST: APPROVED AS TO FORM:

Kimberly A. Rector Minh Tran
Clerk of the Board County Counsel
By: By:

Deputy Amrit P. Dhillon
Deputy County Counsel
10 194
IN WITNESS WHEREOF, the City of Palm Desert, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chair of said Board and scaled and attested by the Clerk of said Board, all on the dates indicated below.

Dated: August 24, 2023
Dated: Q /
1/
23 ATTEST:

Kimberly A. Rector
Clerk the Board
By:

Deputy

CITY OF PALM DESERT
By:

Kathie Kelly, ay
ATTEST:

Anthony J. Mejia
City Clerk
By:

Best B Krieger, LLP
City Attorney

COUNTY OF RIVERSIDE
By.

Kevin Jefferies
Chair of the Board of Supervisors
Riverside County Board of Supervisors
IL
APPROVED AS TO FORM:

Minh Tran
CounntttyyCounsel
By: ` _
Amrit P. Dhillon
Deputy County Counsel
OCT 17 2023 3.33 195

ATTACHMENT A

CITY OF PALM DESERT

LEVEL OF SERVICE
Average Patrol Services
144 supported hours per day. ( Equivalent of 28 Deputy Sheriff positions Q 1, 884 annual productive hours per position)
Non -Dedicated Positions
One ( 1) Deputy Sheriff position (Commercial Enforcement) -Supported Cove Communities Shared Positions)
Two (2) Deputy Sheriff positions (Burglary Suppression) -Supported Dedicated Positions
One ( I) Sheriffs Lieutenant position
Two (2) Sheriffs Sergeant positions (Business District Team and Traffic) Four (4) Deputy Sheriff positions ( Motor Officers) -Supported Three ( 3) Deputy Sheriff positions ( SET) -Supported
Four ( 4) Deputy Sheriff positions (Business District) -Supported Two (2) Deputy Sheriff position (School Resource) -Unsupported One ( 1) Deputy Sheriff position (Violent Crime Gang Task Force) -Unsupported One ( 1) Deputy Sheriff position ( Coachella Valley Narcotics Task Force) -Unsupported Eleven (11) Community Service Officer II positions
11 196
ITEM: 3 5'1
(tD # 24534)
MEETING DATE:

Tuesday, April 30, 2024
FROM: SHERIFF-CORONER-PA
SUBJECT: SHERIFF-CORONER-PA: Approval of Contract Law Enforcement Rates for FY2O23-24, Districts All. [$5,513,973- Contract Law Enforcement 100%].

RECOMMENDED MOTION: That the Board of Supervisors:

1. Approve and adopt the rates as listed on Attachments A, B, and C for contract law enforcement personnel, facilities and vehicle mileage for FY 2023-24; reference to Board Policy B-4.

2. Approve and direct the Auditor-Controller to make the budget adjustment on the attached Schedule A.

ACTION:4/5 Vote Required, Policy
n rp n 4t22t2024
On motion of Supervisor Jeffries, seconded by Supervisor Gutierrez and duly carried by unanimous vote, lT WAS ORDERED that the above matter is approved as recommended.

Ayes:

Nays:

Absent
Date:
xc:

Jeffries, Spiegel, Washington, Perez and Gutierrez
None
None
April 30, 2024
Sheriff
Page I of 4 to* 24534 3.51

SUBMITTAL TO THE BOARD OF SUPERVISORS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

MINUTES OF THE BOARD OF SUPERVISORS
Kimberly A. Rector
Clerk of the Board
ey, r'|/*'n4 .,{'
oeoffy'
197

SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA
FINANCIAL DATA Curent FbcalYear Total Co6l: Ongolng Co3t $ 5,513,973 $0 $ 5,513,973 $0
NET COUNTY COST $0 $o $0 $0
SOURCE OF FUNDS: Contract Law Enforcement 100%
Budget Adjustment: Yes
For Fiscal Year: 23124
Prev. Agn. Ref.: 05/02/23 3.26
BR: 24-076
The Riverside County Sheriffs Department has a long history in providing contract policing services to communities large and small. The Sheriffs Department operates a flexible menu for selecting services uniquely suited to each community, and no two of the sixteen cities contract for police services in the same manner. Pursuant to California Government Code section 51350, the County shall charge any city pursuant to contract or as authorized by law, for all costs incurred in providing the services so contracted or authorized, and any general overhead costs that is attributable to services made available to all portions of the county, as determined by resolution of the board of supervisors, or which are general overhead costs of operation of the county government regardless of whether or not the county provided a service under contract to a city, are not charged to that city under contract.

Each year the Sheriffs Department does an analysis of just its patrol operations and determines real costs effectively through its sheer size. Other requirements of the Sheriff such as jail operations, court operations, and coroner operations are not involved in the determination ofthe yearly contract rates.

The contract law enforcement rates are adjusted annually. The fully supported rate increased

2.45o/o from last fiscal year's rate. lf approved, the personnel and mileage rates are retroactive to July 1 , 2023. All contract entities will receive billing adjustments from that date.

All personnel costs are current fiscal year costs incurred and services and supplies (Class ll) are real costs incurred in the previous fiscal year. Salaries and benefits for all Sheriffs personnel are negotiated directly between the various labor groups and the Board of Supervisors. The largest cost component in the contract rate are personnel costs.

Page 2 of 4 ends

C.E.O. RECOMMENDATION: Approve
BACKGROUND:

Summarv
The Sheriffs Department is submitting lhe FY 2023-24 computations of the contract law enforcement rate for personnel, facilities, and vehicle mileage. The Sheriffs Department is required, by Board policy B-3, to obtain full cost recovery on any cost incurred through contract city policing operations.
cosT

3.51 198

SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA
The Sheriffs Department is requesting the following budget adjustments for the divisions within the organization which makeup the contract law enforcement rates.

The fully suppoded contract law enforcement rates include the entire systemic costs involving the running of a police department. They include the cost of the patrol deputies, investigators that support the deputies, supervisors, and managers that oversee those police operations just as any police department would incur. The rate also includes dispatch services, recruiting, and clerical support all based on agreed upon service hours conkacted by the entity.

The Facility Rate is an annual amount charged to Sheriffs contract entities for expenses at the buildings that house stations, Central and Coachetla Valley Dispatch, the Professional Standards Bureau, Accountang and Finance, lnformation Services Bureau, Personnel, the Technical Services Bureau, the Central Homicide Unit and the Grants Unit. This rate is calculated separately for each contract entity and varies according to the level of service provided.
lmpact on Residents and Businesses
Conkact law enforcement is a practical means of obtaining quality service at a reasonable cost.

The Riverside County Sheriffs Department has been conkacting law enforcement services since 1964. Contract law enforcement has evolved into a sophisticated method for contract partners to meet their statutory obligation to supply a total law enforcement program for their community. The Riverside County Sherifls Department offers a wide range of programs and service levels to meet the specialized needs and population sizes of the communities within Riverside County.

Additional Fiscal lnfomation
Attachment A: This table details contract personnel rates charged cities, school districts, county service areas and Tribal groups. Lastly, Attachment A details hourly differentials for K-9 and motor offlcers and vehicle mileage rates.

Attachment B: This table includes the law enforcement personnel rates for RUHS Attachment C: This table includes the annual facility charge billed to cities, the lvlorongo Band and county seNice areas.

ATTACHMENTS:

1. Schedule A

2. Attachment A - Contract Law Enforcement Rates

3. Attachment B - Hospital Contract Law Enforcement Rates

4. Attachment C - Annual Facility Charge

Page 3 of 4 ends

199

SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA
SCHEDULE A-FY23124
Regular Salaries
lntrafund - Sal Reimb
Professional Services
lntrafund - Sal Reimb
Regular Salaries
Maintenance - Buildings & lmprovements
lntrafund - Sal Reimb
Regular Salaries
$ 323,592 $ (3e2)
$ 467,108
$ 740
$ 4,610,085
$ 63,537
$ (14,134)
$ 63.437
$ 5,513,973
lncrease Estimated Revenue
1 0000-25001 00000-7 7 3520
1 0000-25001 00000-773560
1 0000-25001 00000-7 7 3s7 0
1 0000-2500200000-7 7 3520
1 0000-2500200000-773560
1 0000-2500200000-773570
1 0000-2500300000 -7 7 3520
't 0000-2500300000-773560
1 0000-2500300000-7 7 357 0
1 0000-2500400000-773560
Contract City Law Enforcement
RUHS Security Law Enforcement
School Services Law Enforcement
Contract City Law Enforcement
RUHS Security Law Enforcement
School Services Law Enforcement
Contract City Law Enforcement
RUHS Security Law Enforcement
School Services Law Enforcement
RUHS Security Law Enforcement
$ 310,885
$ 3,023
$ 9,292
$ 419,292
$ 6,522
$ 42,034
$ 4,312,297
$ 73,649
$ 273,542
$ 63,437
$ 5,513,973

Page 4 of 4 ends

I ncrease Appropriations
1 0000-25001 00000-51 0420
1 0000-25001 00000-573400
1 0000-2500200000 -525440
1 0000-2500200000-s73400
1 0000-2500300000-51 0420
1 0000-2500300000-52231 0
1 0000-2500300000-573400
1 0000-2500400000-5 1 0420
200
V1.0 w/Filled= (2023-2024). *** 23/24 ***

A T T A C H M E N T -- A
CONTRACTS Page 1 of 2
2023/2024 2023/2024 2022/2023 2022/2023 Percentage Change Position Rate per O/T Rate Rate per O/T Rate Rate per O/T Rate Hour per Hour Hour per Hour Hour per Hour
Sheriff's Patrol Officer (SUP-B) 214.47 74.21 209.35 76.54 2.45% -3.05% Sheriff's Patrol Officer (SDP-B) 214.47 74.21 209.35 76.54 2.45% -3.05% Sheriff's Patrol Officer (SDC-B) 183.54 74.21 179.17 76.54 2.44% -3.05% Sheriff's Patrol Corporal (SUP) 237.48 96.73 228.63 95.89 3.87% 0.87% Sheriff's Patrol Corporal (SDC) 203.23 96.73 195.67 95.89 3.87% 0.87% Tribal Patrol Officer (TSUP-B) 181.65 74.21 182.21 76.54 -0.31% -3.05% Tribal Patrol Officer (TSDC-B) 155.45 74.21 155.95 76.54 -0.32% -3.05% Intermediate Patrol Officer (ISUP-B) 155.59 74.21 158.96 76.54 -2.12% -3.05% Intermediate Patrol Officer (ISDC-B) 133.15 74.21 136.04 76.54 -2.12% -3.05% Sheriff's Corporal (UDP) 145.76 96.73 139.89 95.89 4.20% 0.87% School Resource Officer (UDP-B) 122.85 74.21 120.74 76.54 1.75% -3.05% Sheriff's Deputy (UDP) 124.16 78.05 125.24 83.22 -0.86% -6.22% Sheriff's Deputy (UDC) 106.25 78.05 107.19 83.22 -0.88% -6.22% Sheriff's Corporal (UDC) 124.73 96.73 119.72 95.89 4.19% 0.87% Sheriff's Investigator 141.34 107.16 134.26 104.53 5.27% 2.51% Sheriff's Sergeant 146.60 114.24 141.39 113.22 3.68% 0.91% Sheriff's Lieutenant 165.29 0.00 159.35 0.00 3.73%
Sheriff's Captain 182.74 0.00 180.23 0.00 1.39%
Sheriff Service Officer II 54.35 36.99 48.54 34.49 11.97% 7.27% Community Services Officer II 66.27 50.44 62.32 49.96 6.34% 0.97% Other Rates as noted: 2023/2024 2022/2023 Percentage Change Differentials: Traffic/Motor Sgt 2.94 / Hour 2.93 / Hour 0.34% Differentials: K9 & Motor Officer 1.98 / Hour 1.97 / Hour 0.51% Differentials: K9 Daily Special Rate 17.80 / Day 17.72 / Day 0.45% Differentials: SRO 1.98 / Hour 1.97 / Hour 0.51%
Vehicles: Black & White Units: 1.03 / Mile 1.00 / Mile 3.00% Vehicles: Plain Units: 0.65 / Mile 0.70 / Mile -7.14%
Vehicles: Other: 0.65 / Mile 0.70 / Mile -7.14%

R I V E R S I D E C O U N T Y S H E R I F F ' S D E P A R T M E N T FY 2023-2024 CONTRACT LAW ENFORCEMENT RATES
3/13/2024 LEGEND 23-24 EL 1 of 3201
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A T T A C H M E N T -- A
CONTRACTS Page 2 of 2
2023/2024 2023/2024 2022/2023 2022/2023 Percentage Change Position Rate per O/T Rate Rate per O/T Rate Rate per O/T Rate Hour per Hour Hour per Hour Hour per Hour
Sheriff 911 Comm Officer II 61.04 54.38 57.65 53.31 5.88% 2.01% Sr Sheriff 911 Comm Officer 77.12 72.29 76.14 73.93 1.29% -2.22% Sheriff Communications Supv 93.07 89.78 90.35 90.06 3.01% -0.31% Telephone Rpt Unit Officer II 48.31 40.44 43.00 37.58 12.35% 7.63% Supervising Telephone Rpt Unit Officer 63.10 52.82 57.40 51.17 9.93% 3.23% Crime Analyst 71.17 66.94 67.09 65.70 6.08% 1.89%
Sr Crime Analyst 79.00 76.61 73.68 73.44 7.22% 4.32%
Crime Analyst Supervisor 81.27 79.24 78.25 78.43 3.86% 1.03% Accounting Assistant II 42.23 34.21 38.95 33.18 8.42% 3.11% Sr Accounting Asst 53.32 46.06 48.66 43.89 9.58% 4.94%
Accounting Technician I 57.31 50.60 52.65 48.27 8.85% 4.83% Accounting Technician II 48.06 40.77 50.44 46.23 -4.72% -11.80% Sheriffs Accounting Site Supv 63.56 57.27
Sheriffs Records Clerk II 43.23 34.22 39.72 33.58 8.84% 1.91% Sr Sheriffs Records Clerk 49.30 41.21 44.29 38.46 11.31% 7.17% Supv Sheriffs Records Clerk 55.62 46.60 51.19 43.97 8.65% 5.99% Aircraft Mechanic 74.86 72.09 75.21 74.56 -0.47% -3.30% Supv Aircraft Mechanic 92.64 87.81 88.16 86.79 5.08% 1.18% Forensic Technician II 67.15 62.32 62.24 59.77 7.89% 4.27% Supv Forensic Technician 86.68 84.36 81.96 82.73 5.76% 1.97%

R I V E R S I D E C O U N T Y S H E R I F F ' S D E P A R T M E N T FY 2023-2024 CONTRACT LAW ENFORCEMENT RATES
3/13/2024 LEGEND 23-24 EL 2 of 3202
V1.0 w/Filled= (2023-2024). *** 23/24 ***

A T T A C H M E N T -- B

HOSPITAL
2023/2024 2023/2024 2022/2023 2022/2023 Percentage Change Position Rate per O/T Rate Rate per O/T Rate Rate per O/T Rate Hour per Hour Hour per Hour Hour per Hour
Hospital Rates
Hospital Patrol Officer (HUUP) 120.22 78.05 123.24 83.22 -2.45% -6.22% Hospital Officer (HUDC) 102.88 78.05 105.47 83.22 -2.46% -6.22% Hospital Sheriff's Sergeant 143.22 114.24 139.67 113.22 2.54% 0.91% Hospital Correctional Deputy II 79.28 57.87 76.28 56.43 3.93% 2.55% Hospital Correctional Corporal 95.58 74.35 93.14 73.52 2.62% 1.12% Hospital Correctional Sergeant 109.60 86.61 107.08 85.65 2.35% 1.12% Hopsital Sheriff Service Officer II 54.35 36.99 48.54 34.49 11.97% 7.27% Hospital Community Service Officer II 66.27 50.44 62.32 49.96 6.34% 0.97% Hopsital Accounting Assistant II 42.23 34.21 38.95 33.18 8.42% 3.11%

R I V E R S I D E C O U N T Y S H E R I F F ' S D E P A R T M E N T FY 2023-2024 HOSPITAL CONTRACT LAW ENFORCEMENT RATES
3/13/2024 LEGEND 23-24 EL 3 of 3203

ATTACHMENT C

ANNUAL FACILITY COST CHARGED CONTRACT ENTITIES
FY 2022-23 TO FY 2023-24 FACILITY COST COMPUTATIONS
CONTRACT ENTITY FY 2022-23 FY 2023-24 CHANGE ($) CHANGE (%) City of Calimesa $71,573.84 $63,809.10 -$7,764.74 -10.85% City of Canyon Lake $24,554.05 $25,817.42 $1,263.37 5.15% City of Coachella $187,342.08 $189,855.88 $2,513.80 1.34% City of Eastvale $187,792.38 $222,836.93 $35,044.55 18.66% City of Indian Wells $99,447.21 $71,029.14 -$28,418.07 -28.58% City of Jurupa Valley $328,619.40 $395,217.46 $66,598.06 20.27% City of Lake Elsinore $213,697.30 $230,004.70 $16,307.40 7.63% City of La Quinta $325,386.11 $287,948.04 -$37,438.07 -11.51% City of Moreno Valley $131,327.00 $130,198.58 -$1,128.42 -0.86% City of Norco $44,813.53 $53,441.29 $8,627.76 19.25%
City of Palm Desert $379,560.28 $279,840.78 -$99,719.50 -26.27% City of Perris $578,385.01 $593,642.86 $15,257.85 2.64% City of Rancho Mirage $181,030.03 $151,707.00 -$29,323.03 -16.20% City of San Jacinto $44,030.34 $48,389.69 $4,359.35 9.90% City of Temecula $418,474.64 $409,336.45 -$9,138.19 -2.18% City of Wildomar $80,728.43 $84,697.85 $3,969.42 4.92%
Morongo $9,296.20 $8,486.34 -$809.86 -8.71%
De Luz CSD $1,099.90 $1,089.07 -$10.83 -0.98%
South Coachella Valley CSD $1,649.86 $1,629.95 -$19.91 -1.21% Jurupa CSD $1,099.90 $1,089.07 -$10.83 -0.98%
204

Page 1 of 2 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 9, 2025
PREPARED BY: Sarah Sullivan, Accountant
Veronica Chavez, Finance Director
SUBJECT: RESOLUTION FOR RECOGNIZED OBLIGATION PAYMENT SCHEDULE

AND ADMINISTRATIVE BUDGETS FOR THE FISCAL PERIOD FROM
JULY 1, 2025, THROUGH JUNE 30, 2026, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED

ACTIONS
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY APPROVING

A RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET FOR THE FISCAL PERIOD FROM JULY 1, 2025 THROUGH JUNE 30, 2026, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS.”
BACKGROUND/ANALYSIS:

Approval of these items is required pursuant to dissolution law in order to fund the approved enforceable obligations of the Successor Agency to the Palm Desert Redevelopment Agency in the 2025-26 Fiscal Year.

Health and Safety Code (“HSC”) Section 34177 requires that the Successor Agency prepare a Recognized Obligation Payment Schedule (“ROPS”) annually, listing the anticipated payments for enforceable obligations to be made from July 1 through the following June 30. The Successor Agency must also prepare a proposed administrative budget for each six-month period, that includes: (1) estimated amounts for Successor Agency administrative costs for the applicable six-month fiscal period; (2) proposed sources of payment for the administrative costs; and (3) proposals for arrangements for administrative and operations services provided by the City of Palm Desert (the “City”) or another entity.

All ROPS and Administrative Budgets must be approved by the Riverside County Countywide Oversight Board and submitted to the DOF for review. During their review, the DOF may eliminate or modify any item on the ROPS before approving the ROPS. The process timeline, pursuant to HSC Section 34177 is as follows:

January 9, 2025 ROPS/Admin Submitted to SARDA for approval January 16, 2025 ROPS/Admin Submitted to County OSB for approval February 1, 2025 ROPS/Admin due to DOF and CAC for approval April 15, 2025 Deadline for DOF to provide approval
205
City of Palm Desert
(2025-26 SARDA ROPS and Admin Budgets)

Page 2 of 2 ends

April 20, 2025* SARDA can file Meet and Confer to dispute any item June 1, 2025 First distribution of RPTTF for 2025-26
January 2, 2026 Second distribution of RPTTF for 2025-26 June 30, 2026 Final expenditures related to 2025-26
The County Auditor-Controller is required to make Redevelopment Property Tax Trust Fund (RPTTF) disbursements to the Successor Agency pursuant to the DOF-approved ROPS for Fiscal Year 2025-26 on June 1, 2025 and January 2, 2026.

Staff recommends that the Board of Directors of the Successor Agency adopt the resolution approving the ROPS and Administrative Budgets for Fiscal Year 2025-26 and taking certain related actions.

Legal Review:

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

FINANCIAL IMPACT:

The preparation and submittal of ROPS and Administrative Budgets for Fiscal Year 2025-26 are necessary to allow the Successor Agency to pay its enforceable obligations for the period from July 1, 2025 to June 30, 2026.

The “administrative cost allowance” is the amount of administrative costs that may be paid by the Successor Agency from moneys received from the RPTTF. Subject to the Dissolution Act, the permitted administrative cost allowance is the greater of: (i) $250,000 per fiscal year, or (ii) up to 3 percent of the prior year RPTTF distribution less administrative cost allowance and repayments of city loans; provided it does not exceed 50% of the prior year RPTTF distribution.

ATTACHMENTS:

1. Resolution

2. ROPS 25-26 Submission

3. ROPS 25-26 Administrative Budgets
206
RESOLUTION NO. SA-RDA

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR

AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY

APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND
ADMINISTRATIVE BUDGETS FOR THE FISCAL PERIOD FROM JULY 1, 2025 THROUGH JUNE 30, 2026, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS
RECITALS:

A. Pursuant to Health and Safety Code (“HSC”) Section 34177(o), the Successor Agency to the Palm Desert Redevelopment Agency (the “Successor Agency”) must prepare a Recognized Obligation Payment Schedule listing the anticipated payments for enforceable obligations to be made by the Successor Agency during the fiscal period from July 1, 2025 through June 30, 2026 (“ROPS 25-26”) and submit ROPS 2025-26 to the oversight board of the Successor Agency for approval.

B. Pursuant to HSC Section 34179(j), commencing on and after July 1, 2018, the Riverside Countywide Oversight Board (the “Oversight Board”) has jurisdiction over the Successor Agency.

C. Pursuant to HSC 34177(l)(2)(B), at the same time that the Successor Agency submits ROPS 25-26 to the Oversight Board for approval, the Successor Agency must submit a copy of such ROPS 2025-26 to the State Department of Finance (the “DOF”), the County administrative officer, and the County Auditor-Controller.

D. Pursuant to HSC Section 34177(j), the Successor Agency must prepare a proposed administrative budget for each six-month fiscal period (commencing each January 1 and July 1) and submit each proposed administrative budget to the Oversight Board for approval.

E. Each proposed administrative budget shall include all of the following: (1) estimated amounts for Successor Agency administrative costs for the upcoming sixmonth fiscal period; (2) proposed sources of payment for the costs identified in (1); and (3) proposals for arrangements for administrative and operations services provided by the City of Palm Desert or another entity.

F. Pursuant to HSC Section 34177(l)(2)(C) and Section 34177(o)(1), the Successor Agency must: (i) submit the Oversight Board-approved ROPS 2025-26 to the DOF, the Office of the State Controller, and the County Auditor-Controller no later than February 1, 2025, and (ii) post a copy of the Oversight Board-approved ROPS 2025-26 on the Successor Agency’s website.
207
Resolution No. SA-RDA Page 2

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (THE “BOARD”), HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. ROPS 2025-26, substantially in the form attached hereto as Exhibit A, is hereby approved.

SECTION 3. Each of Administrative Budget 2025-26A (covering the period from July 1, 2025 through December 31, 2025) and Administrative Budget 2025-26B (covering the period from January 1, 2026 through June 30, 2026) (together, “Administrative Budgets 2025-26”), substantially in the form attached hereto as Exhibit B, is hereby approved.

SECTION 4. The Executive Director of the Successor Agency, in consultation with the Successor Agency’s legal counsel, may modify ROPS 2025-26 and/or the Administrative Budgets 2025-26 as the Executive Director or the Successor Agency’s legal counsel deems necessary or advisable.

SECTION 5. Staff is hereby authorized and directed to submit a copy of ROPS 2025-26 to the Oversight Board for approval and, at the same time, transmit a copy of ROPS 2025-26 to the DOF, the County Auditor-Controller and the County administrative officer as designated by the County.

SECTION 6. Staff is hereby authorized and directed to also submit the proposed Administrative Budgets to the Oversight Board for approval.

SECTION 7. Staff is hereby authorized and directed to submit a copy of Oversight Board-approved ROPS 2025-26 to the DOF, the Office of the State Controller, and the County Auditor-Controller. If the Oversight Board has not approved ROPS 2025-26 by February 1, 2025, Staff is hereby authorized and directed to transmit ROPS 2025-26 to the DOF, the Office of the State Controller, and the County Auditor-Controller by February 1, 2025, with a written notification regarding the status of the Oversight Board’s review.

Written notice and information regarding the action of the Oversight Board shall be provided to the DOF by electronic means and in a manner of DOF’s choosing.

SECTION 8. This Board hereby represents and warrants to the Oversight Board that it examined all of the items on the ROPS 2025-26 and finds that each of them is necessary for the continued maintenance and preservation of property owned by the Successor Agency until disposition in accordance with the Dissolution Act, the continued administration of the ongoing enforceable obligations, or the expeditious wind-down of the affairs of the former Palm Desert Redevelopment Agency by the Successor Agency.

SECTION 9. Staff is hereby authorized and directed to post a copy of the Oversight Board-approved ROPS 2025-26 on the Successor Agency’s Internet website (being a page on the Internet website of the City of Palm Desert).

208
Resolution No. SA-RDA Page 3
SECTION 10. The officers and the other Staff members of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including but not limited to requesting additional review by the DOF and an opportunity to meet and confer on any disputed items, and making adjustments to ROPS 2025-26 and/or Administrative Budgets 2025-26 pursuant to the DOF’s instructions, and any such actions previously taken are hereby ratified and confirmed.

ADOPTED ON JANUARY 9, 2025
_________________________________

JAN HARNIK
CHAIR
ATTEST:

________________________________
ANTHONY J. MEJIA

SECRETARY

SUCCESSOR AGENCY TO THE

PALM DESERT REDEVELOPMENT AGENCY

I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. SA-RDA -__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on January 9, 2025, 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
209
Resolution No. SA-RDA Page 4

EXHIBIT A

SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY

RECOGNIZED OBLIGATION PAYMENT SCHEDULE
(July 1, 2025 – June 30, 2026)

210
Resolution No. SA-RDA Page 5

EXHIBIT B

SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY

ADMINISTRATIVE BUDGETS
(July 1, 2025 – December 31, 2025); and
(January 1, 2026 - June 30, 2026)

211
212
Recognized Obligation Payment Schedule (ROPS 25-26) - Summary Filed for the July 1, 2025 through June 30, 2026 Period Successor Agency: Palm Desert
County: Riverside
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
25-26A Total
(July -
December)
25-26B Total
(January -
June)
ROPS 25-26
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 9,373 $ - $ 9,373 B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds 9,373 - 9,373
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 9,614,557 $ 11,089,601 $ 20,704,158 F RPTTF 9,614,557 11,089,601 20,704,158
G Administrative RPTTF - - -
H Current Period Enforceable Obligations (A+E) $ 9,623,930 $ 11,089,601 $ 20,713,531 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Exhibit "A"
213
Palm Desert
Recognized Obligation Payment Schedule (ROPS 25-26) - ROPS Detail July 1, 2025 through June 30, 2026

Desert Rose,
Etc. PDHA
subsidy for
1,100 Afford
Units
1 221,173,384 N $- - - - - - $- - - - - - $-
43 Agency
Owned
Properties
Property
Maintenance
07/01/
2013
06/30/2028 Utilities,
Maint
Services,
HOA Dues,
Etc.

Agency
owned
properties
monthly
carrying
costs prior to
disposition.
1 400,000 N $80,000 - - - 40,000 - $40,000 - - - 40,000 - $40,000 44 Additional
Disclosures
on TAB's
Fees 07/01/
2013
06/30/2042 Willdan Additional
disclosures
that will be
required to
report
changes in
the
allocation of
tax
increment
and the
payment on
tax allocation
bonds due to
AB 26.

These
disclosures
would not
have been
necessary
without this
legislative
change.
1 30,000 N $1,500 - - - 750 - $750 - - - 750 - $750
214

Vineyards,
Emerald
Brook (Palm
Desert 103)
PDHA
subsidy for
1,100 Afford
Units
2 63,072,039 N $- - - - - - $- - - - - - $-
119 Stipulated
Judgement
Case No.
51124
Litigation 11/20/
1991
07/15/2038 Various Duties
required
under said
court order.

Falcon Crest
Afford
Housing Dev
-
Homeowners
at lots 1
through 93,
et al. PDHA
Subsidy for
1,100
Affordable
Units
3 16,602,589 N $- - - - - - $- - - - - - $-
160 Stipulated
Judgement
Case No.
51124
Litigation 11/20/
1991
07/15/2038 Various Duties
required
under said
court order.

PDHA
subsidy for
1,100
Affordable
Units
4 49,236,464 N $- - - - - - $- - - - - - $-
189 Project Area
Administration
Admin Costs 11/25/
1981
07/19/2044 Various Allowable
Costs per
Admin Plan1-4 6,626,342 N $580,033 - - 9,373 254,976 - $264,349 - - - 315,684 - $315,684 215

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
25-26 Total
ROPS 25-26A (Jul - Dec)
25-26A
Total
ROPS 25-26B (Jan - Jun)
25-26B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
staff, utilities,
professional
services, etc.
190 Costs
Associated
with
Disposition of
Assets
Property
Dispositions
07/01/
2013
06/30/2028 City of Palm
Desert
Remediation
of Health
and Safety
Issues and
costs related
to sale of
properties
owned by
former RDA
1-4 325,000 N $30,500 - - - 15,250 - $15,250 - - - 15,250 - $15,250 192 2017 NHA
Tax Allocation
Refunding
Bond Issue -
$52,390,000
Bonds
Issued After
12/31/10
01/23/
2017
10/01/2033 US Bank Semi-Annual
Debt Service
Payment
1-4 32,865,750 N $7,357,750 - - - 4,181,500 - $4,181,500 - - - 3,176,250 - $3,176,250 193 2017 NHB
Tax Allocation
Refunding
Bond Issue -
$140,130,000
Bonds
Issued After
12/31/10
01/23/
2017
10/01/2041 US Bank Semi-Annual
Debt Service
Payment
1-4 99,893,791 N $9,864,956 - - - 4,391,372 - $4,391,372 - - - 5,473,584 - $5,473,584 194 2017 HA Tax
Allocation
Refunding
Bond Issue -
$7,365,000
Bonds
Issued After
12/31/10
01/23/
2017
10/01/2031 US Bank Semi-Annual
Debt Service
Payment
HA 4,708,466 N $683,393 - - - 343,009 - $343,009 - - - 340,384 - $340,384 216
Palm Desert
Recognized Obligation Payment Schedule (ROPS 25-26) - Report of Cash Balances July 1, 2022 through June 30, 2023
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 22-23 Cash Balances
(07/01/22 - 06/30/23)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/22)
RPTTF amount should exclude "A" period distribution
amount.
953,209 (4,255) 427,812 Other funds of FY 22/23 $611,063 + FY 23/24 $153,220 + FY 24/25 $188,926 (revised from
FY24/25 DOF Letter) = $953,209 ($4,255) is
from the overstatement of Other Funds from
DOF letter FY 24/25 Prior PPA's of FY22/23
$87,582 + FY 23/24 $202,267 + FY 24/25
$137,963 = $427,812
2 Revenue/Income (Actual 06/30/23)
RPTTF amount should tie to the ROPS 22-23 total
distribution from the County Auditor-Controller
13,628 27,206,681 $13,628 from accounts 703-3611000 $257.07 + 703-3611400 $8,556.15 + 703-3611500
$4,815 $27,206,681 from RPTTF's FY 22/23A
$13,513,349 + FY 22/23B $13,693,332
3 Expenditures for ROPS 22-23 Enforceable Obligations
(Actual 06/30/23)
514,206 27,228,542 $514,206 from actual other funds PPA FY 22/ 23 $27,228,542 from PPA RPTTF
$26,478,911 + RPTTF Admin $749,631
4 Retention of Available Cash Balance (Actual 06/30/23) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
439,003 340,230 $439,003 from other funds of $611,063 - $514,206 exp = $96,857. Then adding
$153,220 + $188,926 + $96,857 $340,230
from Prior PPA's FY 23/24 $202,267 + FY 24/
25 $137,963
217
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

Non-Admin
and Admin
5 ROPS 22-23 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 22-23 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/23)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $9,373 $65,721 $65,721 matches current PPA FY 25/26 Will put $9,373 to admin other funds
218
Palm Desert
Recognized Obligation Payment Schedule (ROPS 25-26) - Notes July 1, 2025 through June 30, 2026
Item # Notes/Comments
9 32 Do not retire
43 44
56 61 Do not retire
86 Do not retire
119 Do not retire
160 Do not retire
189
190
192
193
194
219
220
Exhibit "B"
BASED ON PY RPTTF DEPOSIT ROPS 25-26A ROPS 25-26B
Jul 1 - Dec 31, 2025 Jan 1 - June 30, 2026
Administrative Cost Allowance 264,349 315,684
ROPS 25-26A
Budget
ROPS 25-26B
Budget Source of
ADMINISTRATIVE COSTS Jul 1 - Dec 31, 2025 Jan 1 - June 30, 2026 Payment Auditing Service 7,500 7,500 A
Bank Fees 2,500 10,000 A
Consulting Services 10,000 5,000 A
Legal Services 25,000 25,000 A
Personnel Expenditures1
219,349 2 268,184 2 A, B
Total Administrative Costs 264,349 315,684
A - Administrative Allowance, B - City General Fund
1 Includes salaries, training, travel, meetings, supplies, equipment, etc.

Successor Agency to the
Palm Desert Redevelopment Agency
ROPS 2025-2026
2City staff time reimbursement costs in excess of SARDA allowable administrative costs (as adjusted per Department of Finance) will be borne by the City's General Fund. 12/17/2024
5:11 PM Proposed Administrative Budgets A&B - FY 25-26 221 222

Page 1 of 3 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 9, 2025
PREPARED BY: Erica Powell, Management Analyst
Thomas Soule, Public Affairs Manager
SUBJECT: APPROVE SPONSORSHIP FOR THE 2025 DESERT X EXHIBITION IN THE AMOUNT OF $35,000
RECOMMENDATION:

1. Approve sponsorship in the amount of $35,000 with The Desert Biennial for its 2025 Desert X Exhibition to be held March 8 to May 11, 2025.

2. Authorize staff to finalize negotiations of the Sponsorship Agreement with The Desert Biennial.

3. Authorize the City Manager to execute the Sponsorship Agreement and any associated documents, subject to the approval as to form by the City Attorney.

4. Waive all permit and inspection fees associated with Desert X.

BACKGROUND/ANALYSIS:

The City has received a sponsorship request from The Desert Biennial for the 2025 Desert X Exhibition, scheduled to run from March 8 to May 11, 2025. Beginning in 2017, the City of Palm Desert has actively participated in and sponsored this internationally acclaimed event.

Installations hosted in Palm Desert have consistently been ranked among the most well attended during the last three biennial exhibitions. Recognizing the significance of this event, the Cultural Arts Committee included the 2025 Desert X Sponsorship as a priority in its Fiscal Year 2024-25 Workplan, which was approved by the City Council on March 28, 2024.

For 2025, Desert X has proposed two potential installations to be sited on City-owned properties at the following locations:
 Cap Homme / Ralph Adams Park: Previously the site of Claudia Comte’s Curves and ZigZags and Superflex’s Dive-In.
 Northeast corner of Portola Avenue and Frank Sinatra Drive: Previously the site of Phillip K. Smith’s The Circle of Land and Sky and Eduardo Sarabia’s The Passenger.

Desert X Impact
According to Desert X’s 2022 Exhibition Report:
 The 2021 Desert X exhibition attracted 650,000 site visits to 10 installations located throughout the Coachella Valley over a nine-week period.  Of the 15,000 visitors surveyed during Desert X 2021:
o Over 50% traveled 50-250 miles specifically to attend the event. o 40% stayed in hotels or Airbnb accommodations.
o More than 90% expressed their intent to visit Desert X in the future. 223
City of Palm Desert
2025 Desert X Exhibition Sponsorship

Page 2 of 3 ends

Given these impactful numbers and the ongoing success of Desert X in drawing tourism and enhancing cultural engagement in Palm Desert, this request represents an opportunity to continue supporting a key cultural and economic driver for the region.

Strategic Plan Objective:

Sponsorship of the 2025 Desert X Exhibition contributes to the Arts & Culture Mini-Vision contained in the Strategic Plan, which states:
“Palm Desert is the cultural core of the Coachella Valley. Cultural tourism drives economic growth in Palm Desert. The community is host to internationally recognized cultural events that bring significant economic benefits to the City. Palm Desert is a leader in arts education, ensuring a well-rounded population that possesses high levels of creativity and critical thinking skills.”
Commission Recommendation:

At its regular meeting of December 11, 2024, the Cultural Arts Committee (CAC) unanimously recommended that the City Council approve a sponsorship request for the 2025 Desert X Exhibition, with a vote of 7-0, with Committee Members Adney, Boren, Flint, Hauer, Mitze, Rose, and Simley voting aye.

Additionally, at its regular meeting of January 7, 2025, staff presented an informational report on the 2025 Desert X Exhibition to the Parks and Recreation Commission of artwork being installed at Cap Homme / Ralph Adams Park. An update on the Commissions comments will be provided at the City Council meeting.

FINANCIAL IMPACT:

The Desert Biennial is requesting sponsorship in the amount of $35,000 for support of two land art installations and creation of free public programming in Palm Desert in relation to the 2025 Desert X Exhibition.

Comparisons of previous Desert X sponsorships:

YEAR AMOUNT
2023 $25,000
2021 $20,000
2019 $10,000
2017 $35,000
The increased sponsorship request for 2025 is due to the rising costs of materials and labor.

Funding in the amount of $25,000 is available in the Public Art Fund, Account No. 4364650- 4309200, and the remaining $10,000 is available in the City’s Marketing budget, Account No. 1104417-4322000. The only additional impact anticipated to the General Fund is the requested waiver of permit fees. The full cost to waive fees cannot be determined until the art installations are complete. Staff will collect the information and report back on the comprehensive waiver costs.
224
City of Palm Desert
2025 Desert X Exhibition Sponsorship

Page 3 of 3 ends

ATTACHMENTS:

1. Desert X 2025 Presentation

2. Desert X 2025 City of Palm Desert Funding Proposal

3. Draft Sponsorship Agreement

4. FY 24/25 Cultural Arts Committee Workplan
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
November 22, 2024
The City of Palm Desert
c/o Erica Powell
re. Desert X 2025 Funding Proposal
Dear Erica,
The Desert X team is full steam ahead at building Desert X 2025. Our internationally-renowned contemporary art exhibition will be held March 8 – May 11, 2025, throughout the Coachella Valley. As we gear up for Desert X 2025, we would like to submit a formal request and proposal for funding to the City of Palm Desert. Desert X is appreciative to the City of Palm Desert for past exhibition support and is hopeful that the city will renew its support in 2025.

Desert X would like to request $35,000 in exhibition support in 2025. Funds received will be utilized towards exhibition production and the organization of free public programming in Palm Desert.

Historically, Desert X has collaborated with the City of Palm Desert to present educational, enriching, and engaging public programming and experiences associated with each exhibition that activate public spaces within the city and promote art education & awareness. In 2017, Desert X organized a hike in Homme Adams’ Park that encouraged visitors to experience the installation, Curves and Zig Zags, from a different perspective with artist Claudia Comte and curator Neville Wakefield. In 2019, Desert X hosted a series of public activations of Superflex’s Dive-In and screenings with their senior programs. In 2021, though public programing was highly impacted by the COVID-19 pandemic, we engaged local and visiting audiences by deploying docents most Saturdays to popular installation sites and coordinating opportunities for visitors to meet with Desert X artists at their respective installations throughout the Coachella Valley, including a meet-and-greet with artist Eduardo Sarabia at his installation, The Passenger, in Palm Desert. In 2023, Desert X had trained docents every Saturday and Sunday morning at the two installations by Torkwase Dyson and Rana Begum, in the City of Palm Desert. Our team discussed the artists’ works and issues of representation, diversity, human rights, and art with the visitors of the exhibition. 261
PO Box 4050
Palm Springs, CA 92263 USA desertx.org
Thank you for your consideration and continued collaboration & support of Desert X. We look forward to discussing this proposal further. We are always open to new ideas and creative ways to bring our partnership to life.

Sincerely,
Jenny Gil
Executive Director
[email protected]
+1 760 567 3284
262
YES: 5
NO: 0
ABSTAIN: 0
CONFLICT: 0
ABSENT: 0

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Minute Action Summary
Palm Desert City Council - Regular Meeting
Agenda Number: 13.g.

Title: APPROVE CULTURAL ARTS COMMITTEE FISCAL YEAR 2024/25 WORK PLAN
Date: Thursday, March 28, 2024
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Approve the Cultural Arts Committee’s Fiscal Year 2024/25 Work Plan.

YES: 5 NO: 0 ABSTAIN: 0 CONFLICT: 0 ABSENT: 0
Motion Carried
Mayor Pro Tem Harnik
Mayor Quintanilla
Councilmember Kelly Councilmember
Nestande
Councilmember Trubee
263

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: March 28, 2024
PREPARED BY: Erica Powell, Management Analyst
REQUEST: APPROVE CULTURAL ARTS COMMITTEE FISCAL YEAR 2024/25

WORK PLAN
RECOMMENDATION:

Approve the Cultural Arts Committee's Fiscal Year 2024/25 Work Plan.

BACKGROUND/ANALYSIS:

On February 14, 2024, the Cultural Arts Committee (CAC) established the following priorities for the FY 2024/25 Work Plan.
• 2025/26 El Paseo Sculpture Exhibition - Located in the median on El Paseo between Hwy 74 and Portola, eighteen (18) sculptures are displayed for two (2) years. A $5,000 honorarium is awarded to each artist. One (1) year preparation from the Call for Entries to Installation. From July 2024 to early 2025, staff will be working with the new artists on contracting and plans for installation, as well as the current artists on plans for deinstallation and pick up of sculptures.
• San Pablo Phase II Roundabout Sculpture: Dueling Palms by Kyle Absolom - After the Call for Entries was released in early 2021 for a sculpture to be installed in the roundabout at San Pablo Avenue and San Gorgonio Way, the top two (2) finalists were selected by the City Council and the community voted on their favorite. The runner up, Dueling Palms by Kyle Absolom, was so well received by the community that the Cultural Arts Committee and the City Council suggested it be considered for installation in the San Pablo Phase II roundabout located at the entrance of the Civic Center and College of the Desert. Staff will bring this forward for review in the next few months and if approved, work will commence in FY 2024/2025.
• 2025 Desert X Sponsorship - Desert X is an internationally renowned contemporary art exhibition that runs biannually each spring throughout the Coachella Valley. Since its inception in 2017, the City has provided sponsorship funding and hosted at least two exhibition sites for each Desert X exhibition. Funds are normally used towards exhibition support and the creation of free public programming. This exhibition engages the local community and has worked to develop educational programming for the local school districts. If funding for the 2025 exhibition is approved, staff will work with the organizer on a sponsorship agreement and permitting for at least two (2) exhibition sites. 264
City of Palm Desert
Approve CAC FY 2024/2025 Work Plan
Strategic Plan:

The Cultural Arts Committee's FY 2024/25 Work Plan is in line with the Arts & Culture MiniVision contained in the Strategic Plan, which states:
"Arts and culture give a community its soul. Palm Desert is the cultural core of the Coachella Valley. Cultural tourism drives economic growth in Palm Desert. The community is host to internationally recognized cultural events that bring significant economic benefits to the City. Palm Desert is a leader in arts and education, ensuring a well-rounded population that possesses high levels of creativity and critical thinking skills.

FINANCIAL IMPACT:

Funding for the priorities listed in the CAC's FY 2024/25 Work Plan will be included in the FY 2024/25 Public Art Budget for the City Council's consideration.

ATTACHMENT:
1 . CAC Priorities FY 2024/2025 - Power Point Presentation 265
2024/2025 WORKPLAN GOALS
Palm Desert Cultural Arts Committee
February 14, 2024 - Regular Meeting
266
BACKGROUND - WHY ARE WE HERE?
• Receive Committee Input and Direction pertaining
to goals and priorities for the Fiscal Year
2024/2025
• Select three (3) priorities as a Committee
• Present items in the form of a workplan to Council
for approval
267

CULTURAL ARTS COMMITTEE PRIORITIES
Ranking Priority Justification
1 2
3 4
5 El Paseo Sculpture Exhibition
San Pablo Roundabout Phase 11 -
Dueling Palms
Desert X
Temporary Installation at the southeast
corner of Fred Waring and San Pablo Ave
Community Art Gallery, establish new
location and action plan
• The exhibition is in the central shopping district and receives frequent foot traffic.
• Exhibition adds elegance and style to El Paseo .
• Received community's involvement and support of
the City Council.
• Participate in an internationally recognized
contemporary art exhibition in associated with the
other communities in the Coachella Valley.
• The exhibition puts Palm Desert on the map as a
significant art and cultural destination.
• Attracts locals and tourists .
• Highly visible location.
268

DISCUSSION
2024/ 2025 WORKPLAN GOALS 4
Select three (3) top priorities

Page 148 of 382 ends

270
Contract No. ___________
1 Revised 01-2024
BBK 72500.00001\32374915.1

CITY OF PALM DESERT

SHORT-FORM SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 9th day of January, 2025, 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 Desert Biennial, a non-profit 501(c)3 organization, with its principal place of business at P.O. Box 4050, Palm Springs, California 92263 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
The City is a public agency of the State of California and is in need of services for the following project:
2025 Desert X Exhibition Project
(hereinafter referred to as “the Project”).

2. Terms and Conditions. The Parties shall comply with the Terms and Conditions attached hereto as Exhibit “A” and incorporated herein by this reference.

3. Scope of Services; Schedule. The Vendor shall be solely responsible for providing all materials, labor, tools, equipment, water, light, power, transportation, and superintendence of every nature and all other services and all facilities necessary to execute, complete, and deliver the services as particularly described in the Scope of Services (“Services”) attached hereto as Exhibit “B” and incorporated herein by this reference. The Services shall be completed in a timely manner and in accordance with the Schedule of Services set forth in Exhibit “B”.

4. Term. The term of this Agreement shall be from January 9, 2025, to June 30, 2025, unless earlier terminated as provided herein.

5. Compensation. Vendor shall receive compensation for Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by this reference. The total compensation shall not exceed Thirty-Five Thousand Dollars ($35,000) per fiscal year (“Agreement Price”). Vendor’s invoices shall include a detailed description of the Services performed. Invoices shall be submitted to the City on a monthly basis. The City shall review and pay all non-disputed and approved charges on such invoices in a timely manner.

Vendor shall submit its final invoice to the City within thirty (30) days from the last date of Services performed and failure to do so shall result in a waiver of payment from the City.

6. Insurance. In accordance with Exhibit A, Section C of the Terms and Conditions, Vendor shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies in a form satisfactory to the City.

Commercial General Liability Insurance:
$1,000,000 per occurrence/$2,000,000 aggregate.
$2,000,000 per occurrence/$4,000,000 aggregate.

Automobile Liability:
$1,000,000 combined single limit for bodily injury and property damage.

Workers’ Compensation:

DRAFT
271
Contract No. ___________
2 Revised 01-2024
BBK 72500.00001\32374915.1
Statutory Limits / Employer’s Liability $1,000,000 per accident or disease and a waiver of subrogation in favor of the City and their respective officers, agents, employees, volunteers, and representatives.

Professional Liability (Errors and Omissions):

Errors & Omissions liability insurance with a limit of not less than $1,000,000 per claim and in the aggregate.
[SIGNATURES ON THE NEXT PAGE]
DRAFT
272
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SIGNATURE PAGE TO SHORT FORM SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND DESERT BIENNIAL
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
DESERT BIENNIAL, A 501(C)3
By:

Its:

Printed Name:

City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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EXHIBIT “A”

TERMS AND CONDITIONS FOR SERVICES

1. Compliance with Law. Vendor shall comply with all applicable laws and regulations of the federal, state and local government.

Vendor 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. By its signature hereunder, Vendor 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. Vendor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment in violation of state or federal law. Vendor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the work is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Vendor agrees to fully comply with such Prevailing Wage Laws, including, along with subcontractors, being registered with the Department of Industrial Relations (Labor Code §§ 1725.1; 1771.1). It shall be mandatory upon the Vendor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code §§ 1771; 1774; 1775), employment of apprentices (Labor Code § 1777.5), certified payroll records (Labor Code §§ 1771.4; 1776), hours of labor (Labor Code §§ 1813; 1815) and debarment of contractors and subcontractors (Labor Code § 1777.1). This Agreement may be subject to compliance monitoring and enforcement.

2. Standard of Care. The Vendor shall perform the Services in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession practicing under similar conditions.

3. Insurance. If required by Section 6 of this Agreement, the Vendor shall take out and maintain during this Agreement: A. Commercial General Liability Insurance for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001). 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 for bodily injury and property damage including coverage for owned, non-owned, rented, and hired vehicles, at least as broad as Insurance Services Office Form Number CA 0001 (ed. 10/13) covering automobile liability, Code 1 (any auto); C. Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance; and if applicable, as determined by the City’s Risk Manager, D. Professional Liability (Errors and Omissions) that covers the Services to be performed in connection with this Agreement.

Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Vendor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, and their elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against the City of Palm Desert or their elected or appointed officers, agents, officials, employees, volunteers, and representatives and shall require similar written express waivers and insurance clauses from each of its subcontractors. Workers’ compensation coverage shall have an endorsement in favor of the City of Palm Desert, and their respective officers, agents, employees, volunteers, and representatives. Insurance carriers shall be licensed and authorized to do business in California. Such insurance carrier shall have not less than an "A-:VII" rating according to the latest Best Key Rating unless otherwise approved by City’s Risk Manager. Vendor shall add the City, and their respective officers, officials, employees, agents, volunteers and representatives as additional insureds on Vendor’s Commercial General Liability, Automobile Liability, and if applicable, Pollution Liability and Cyber Liability policies. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. 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 (i.e., pollution, cyber, and fidelity coverages) required by giving the Vendor advance written notice of such change. If such change results in substantial additional cost to the Vendor, the City and Vendor may renegotiate Vendor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice.

4. Indemnification. To the fullest extent permitted by law, Vendor shall defend (with counsel of City’s choosing), indemnify and hold the City, and their respective officials, officers, employees, volunteers, agents and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death (collectively, “Claims”), in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Vendor’s Services, the project, or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Vendor’s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant or the City, or their respective officials, officers, employees, agents, volunteers or representatives. If Vendor’s obligation to defend, indemnify, and/or hold harmless arises out of Vendor’s performance as a “design professional” (as that term is defined under Civil Code § 2782.8), then, and only to the extent required by Civil Code § 2782.8, which is fully incorporated herein, Vendor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Vendor, and, upon Vendor obtaining a final adjudication by a court of competent jurisdiction, Vendor’s liability for such claim, including the cost to defend, shall not exceed the Vendor’s proportionate percentage of fault.

5. Laws; Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.

6. Termination. The City may terminate the whole or any part of this Agreement for any or no reason by giving three (3) calendar days written notice to Vendor. In such event, the City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for the work. The City shall pay Vendor the reasonable value as determined by the City of any portion of the Services completed prior to termination. The City shall not be liable for any costs DRAFT
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other than the charges or portions thereof which are specified herein. Vendor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of the Services. Vendor may terminate its obligation to provide further work under this Agreement upon thirty (30) calendar day’s written notice to the City only in the event of the City’s failure to perform in accordance with the terms of this Agreement through no fault of Vendor.

7. Changes. By written notice, the City may from time to time, make changes to the Services furnished to the City by Vendor. If such change causes an increase or decrease in the Agreement Price or in the time required for performance, Vendor or the City shall promptly notify the other party thereof and assert its claim for adjustment within fifteen (15) days after the change is ordered, and an equitable adjustment shall be made. However, nothing in this clause shall excuse the Vendor from proceeding immediately with the Agreement as changed.

8. Miscellaneous Terms. Vendor shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City. This Agreement may not be modified or altered except in writing signed by the Parties. There are no intended third-party beneficiaries of any right or obligation of the Parties. This is an integrated Agreement representing the entire understanding of the Parties as to those matters contained herein and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. 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. The captions of the various 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. The unenforceability, invalidity, or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the Parties to the addresses set forth in this Agreement. Vendor is retained as an independent contractor and is not an employee of the City. No employee or agent of Vendor shall become an employee of the City. Vendor warrants that the individual who has signed this Agreement has the legal power, right, and authority to make this Agreement and bind the Vendor hereto.

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EXHIBIT “B”
SCOPE OF SERVICES; SCHEDULE OF SERVICES

1. Contractor shall provide and install a minimum of two (2) sculptures within the City of Palm Desert on either City or private property.

2. Contractor shall work with City staff to comply with the Americans with Disabilities Act (ADA) requirements.

3. Contractor shall be responsible for obtaining all appropriate permits and/or inspections from City or any other appropriate agency.

4. Contactor will ensure that Sculpture is available to the public from dawn until dusk and into the evening, if appropriate, seven (7) days per week unless otherwise mutually agreed upon by both parties.

5. Contractor shall advertise and promote the City of Palm Desert within its preexhibition advertising, onsite, post-exhibition, and online advertising through the following:
a. Inclusion of the City of Palm Desert's logo on the Desert X website and all appropriate print and digital materials;
b. Recognition of the City of Palm Desert's sponsorship in signage at the location of the installation;
c. Mention of the City of Palm Desert as a sponsor on all press releases; and d. Any other appropriate locations/outlets as negotiated by both Parties.

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EXHIBIT “C”

COMPENSATION

1. The City shall pay the Vendor a sponsorship fee in the amount of $35,000. The payment shall be remitted as follows:
a. If Sculpture installed on Private Property, 2 Site Locations: $17,500 due within thirty (30) days of fully executed contract, and $17,500 due by May 11, 2025;
i. If only one site location is used, only one payment of $8,750 due within thirty (30) days of fully executed contract, and $8,750 due by May 11, 2025.
b. If Sculpture installed on City Property, 2 Site Locations: $17,500 due within thirty (30) days of fully executed contract, $8,750 by April 30, 2025, and $8,750 within thirty (30) days of deinstallation and restoration of the installation site(s).
i. If only one site location is used, a payment of $8,750 due within thirty (30) days of fully executed contract, and $8,750 due within thirty (30) days of deinstallation and restoration of the installation site(s).

2. In addition to in kind staff support through the City permitting process, the City shall waive all permit and inspection fees associated with the Exhibition.

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 9, 2025
PREPARED BY: Lucero Leyva, Senior Project Manager
Ryan Gayler, Capital Projects Manager
SUBJECT: AWARD CONSTRUCTION CONTRACT FOR PROJECT CFA00010 FIRE STATION 102 NEW BUILD AND ONSITE IMPROVEMENTS
RECOMMENDATION:

1. Find the bids submitted by TBSC System Alarms, Inc., and Keystone Builders, Inc., to be non-responsive.

2. Award Construction Contract in the amount of $14,838,686 to Caliba, Inc., of Stanton, CA, for the Fire Station 102 – Onsite Improvements Project CFA00010.

3. Authorize the Director of Finance to set aside a contingency in the amount of $1,484,000.

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

5. Authorize the Director of Finance to appropriate $16,000,000 from Fire Fund 230, Unobligated Funds to account 2304220-4400200, Fire Fund Capital Projects.

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

7. Authorize the City Manager to execute the agreement and any documents necessary to effectuate the actions taken herewith

8. 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:

In 2021, the City Council authorized staff to retain The Matrix Consulting Group to conduct a Fire Station Location Study for the City of Palm Desert. On February 14, 2022, staff presented the Matrix Study findings to the City Council, which concluded that unit utilization and call volumes were high in Stations 71 and 33, negatively impacting response times. It was recommended that the City plan and construct a fourth fire station just north of the intersection of Gerald Ford Drive and Frank Sinatra Drive to better serve the existing and developing communities around it. The Fire Station 102 – New Build and Onsite Improvements Project CFA00010 design contract was awarded to PBK Architects on January 26, 2023. Since its award, the following actions have been taken in support of this effort:
 January 9, 2024 – The Architectural Review Committee approved the design package of Fire Station 102
 February 6, 2024 – The Planning Commission approved the project’s entitlement package  June 10, 2024 – PBK initiated the plan review process with the Planning and Building and Safety Departments
 November 7, 2024 – Chief Building Official approved the Fire Station 102 building plans 279
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Request for Bids:

City staff advertised the project on November 7, 2024, via the City’s procurement site, OpenGov.

The following bids were received on December 17, 2024, at 2 pm:

Contractor Location Total Bid
TBSC System Alarms, Inc. Palm Desert, CA $25,000
Keystone Builders, Inc. Anaheim, CA $10,856,000
Caliba, Inc. Stanton, CA $14,838,686
Oakview Constructors, Inc. Calimesa, CA $15,568,000
FEC Future Contractors and Engineers, Inc. Irvine, CA $15,787,262 RC Construction Services Redlands, CA $16,180,919
The construction manager's estimate for the construction of Fire Station 102 is $12,000,000.

Staff reviewed all the bids submitted and determined that TBSC System Alarms bid was disqualified due to providing an incomplete bid package. Keystone Builders notified City staff on December 18, 2024, of their request to withdraw their bid proposal citing Public Contract Code 5103. The contractor stated that an error was made in filling out the bid, making their bid materially different than intended. Legal counsel has reviewed the letter and recommended that the request be approved, making the bid non-responsive.

The fourth lowest bidder, Oakview Constructors, Inc., submitted a protest letter asserting that Caliba, Inc.’s bid should be found non-responsive, claiming that Caliba lacks the necessary specialty license for certain parts of the project work. However, after reviewing the protest letter and Caliba's response, our City attorney’s office has determined that Caliba holds a Class B license, which is sufficient for self-performing the specialty work. Additionally, Caliba has confirmed that they do not plan to use a subcontractor for the specialty work.

Given this information, Oakview's protest lacks merit, as Caliba, Inc. meets the necessary licensing requirements for the project. Therefore, based on the review, Caliba’s bid should be considered responsive.

City staff contracted with Anser, one of the City’s on-call construction management vendors, to review and analyze the bid package submitted by Caliba, Inc. Upon completing their review, Anser agreed that Caliba, Inc., was the lowest responsive bidder. References were contacted, and they confirmed that the contractor has successfully completed projects of similar scope, within budget and on schedule.

Staff recommends awarding the contract to Caliba, Inc., in the amount of $14,838,686.

Strategic Plan:

This project will allow the city to meet the “Public Safety & Emergency Service – Priority 1:

Enhance the delivery of public safety services” of the strategic plan.

Legal Review:

This report has been reviewed by the City Attorney’s Office. 280
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FINANCIAL IMPACT:

Funds for this project were included in the Fiscal Year 2024/25 Capital Improvement Project (CIP) Budget, however, staff requests appropriations from the Fire Fund to prioritize the appropriate funding source. The contract to construct the new fire station will not utilize general fund dollars. However, the ongoing costs associated with the operation and maintenance of Fire Station 102 are an estimated $38 million over the next five years.

The following table provides the current project budget:

Description Account Budget Cost
FY 24/25 Budget - Fire Station 102 2304220-4400200 $ 2,745,900 Requested Appropriation 2304220-4400200 16,000,000
Pending GC Contract $14,838,686
Contingency 1,484,000
Remaining Budget for Other Costs 2,423,214
Totals $18,745,900 $18,745,900
ATTACHMENTS:

1. CFA00010 FS 102 – Onsite Improvements Contract

2. CFA00010 FS102 – Payment and Performance Bonds

3. Caliba, Inc. Bid

4. FS 102 Vicinity Map

5. FS 102 Rendering
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CITY OF PALM DESERT

CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into this 9th day of January, 2025, 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 Caliba, Inc., a Corporation, with its principal place of business at 8031 Main Street, Stanton, CA 90680 ("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:

FS 102 New Build and Onsite Improvements Project
Project No. CFA00010
(hereinafter referred to as “the Project”).

Construct a fourth fire station, Fire Station #102. The facility is approximately 11,380 square feet, one story structure that will include 3 Apparatus Bays for emergency vehicles, a day room, kitchen, sleeping quarters, a fitness room, and offices, to be constructed in accordance with the plans and specifications provided.

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 260 working 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 Fourteen Million, Eight Hundred Thirty-Eight Thousand, Six Hundred Eighty-Six Dollars ($14,838,686). 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 Calendar Day completion of the Project is delayed beyond the Contract Time. Because of the 283
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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 $1,500.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents.

Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. 284
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All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

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

ARTICLE 7. INDEMNIFICATION AND INSURANCE
A. Indemnification

1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify, and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against:
(a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to 285
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faithfully perform the Work and all of Contractor’s obligations under Contract.

Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

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

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

B. Insurance

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

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

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

4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automotive liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
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A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
(a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

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

6. Fidelity Coverage. 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.
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3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

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

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

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

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

9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any 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 288
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type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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

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

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

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

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

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

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

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.
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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]
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SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND CALIBA, 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
CALIBA, INC., A CORPORATION
By:

Adam Othman
President
By:

Adam Othman
CEO

Contractor’s License Number and
Classification

DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
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Contract No. ___________
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 Caliba, Inc, (hereinafter referred to as the “Contractor”) an agreement for CFA00010 FS102 New Build and Onsite Improvements (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 November 7, 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, Caliba, 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 Fourteen Million, Eight Hundred Thirty-Eight Thousand, Six Hundred Eighty-Six Dollars, ($14,838,686), 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 293
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]
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Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
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.
295
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
296
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
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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 January 9, 2025, has awarded to Caliba, Inc, hereinafter designated as the “Principal,” a contract for the work described as follows:

CFA00010 FS102 New Build and Onsite Improvements 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 November 7, 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 Fourteen Million, Eight Hundred ThirtyEight Thousand, Six Hundred Eighty-Six Dollars, ($14,838,686) 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 298
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]
299
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.
300
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
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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
302
CFA00010 - Fire Station 102 New Construction and Onsite Improvements Caliba, Inc.

Line Item Description Quantity
Unit of
Measure Unit Cost Total
1 Division 1 - General Requirements 1 LS $747,564.00 $747,564.00 2 Division 2 - Site Work 1 LS $84,750.00 $84,750.00
3 Division 3 - Concrete 1 LS $562,740.00 $562,740.00
4 Division 4 - Masonry 1 LS $615,341.00 $615,341.00
5 Division 5 - Metals 1 LS $1,068,980.00 $1,068,980.00
6 Division 6 - Woods and Plastics 1 LS $1,548,100.00 $1,548,100.00 7 Division 7 - Thermal and Moisture Protection/Methane
Mitigation 1 LS $441,265.00 $441,265.00
8 Division 8 - Doors and Windows 1 LS $968,975.00 $968,975.00 9 Division 9 - Finishes 1 LS $1,467,836.00 $1,467,836.00 10 Division 10 - Specialties 1 LS $203,965.00 $203,965.00 11 Division 11 - Equipment 1 LS $380,810.00 $380,810.00 12 Division 12 - Furnishings 1 LS $24,295.00 $24,295.00 13 Division 21- Fire Suppression 1 LS $109,610.00 $109,610.00 14 Division 22 - Plumbing 1 LS $565,000.00 $565,000.00
15 Division 23 - Heating, Ventilating and Air Conditioning 1 LS $696,080.00 $696,080.00 16 Division 26 - Electrical 1 LS $2,299,550.00 $2,299,550.00 17 Division 27 - Communications 1 LS $254,250.00 $254,250.00 18 Division 28 - Electronic Safety and Security 1 LS $85,880.00 $85,880.00 19 Division 31 - Earthwork 1 LS $565,000.00 $565,000.00 20 Division 32 - Exterior Improvements 1 LS $1,255,995.00 $1,255,995.00 21 Division 33 - Utilities 1 LS $892,700.00 $892,700.00 Total $14,838,686.00
303
304
North Sphere Fire Station (FS 102)
75665 Gerald Ford Drive
1 2.5-acre site
owned by City

COOK STREET

FRANK SINATRA DRIVE
305
306
307
308

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 9, 2025
PREPARED BY: Angelique Hodges, Management Aide
Shawn Muir, Community Services Manager
Chris Escobedo, Assistant City Manager
SUBJECT: APPROVE AMENDMENT NO. 8 TO CONTRACT NO. C36620 WITH

FAMILY YMCA OF THE DESERT FOR MANAGEMENT OF THE PALM

DESERT AQUATIC CENTER
RECOMMENDATION:

1. Approve Amendment No. 8 to Contract No. C36620 to update the terms, management fee, and scope of work with the Family YMCA of the Desert (YMCA), of Palm Desert, California.

Contract term is July 1, 2025 to June 30, 2030, with the option to extend for three additional one-year terms, ending June 30, 2033.

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

3. Authorize the City Manager to execute Amendment No. 8 for Contract No. C36620.

Funds will be included as part of the proposed FY 2025-26 Annual Budget in the Aquatic Center Special Revenue Fund Accounts as referenced in the Fiscal Impact.

BACKGROUND/ANALYSIS:

The Palm Desert Aquatic Center (PDAC) is a year-round public recreational facility located in Palm Desert, California, that serves as a valuable resource for both residents and visitors. The center offers a wide range of aquatic activities, including leisure swimming, water safety training, fitness programs, and competitive events. The Family YMCA of the Desert has been the contract management and staffing provider for PDAC since its opening in 2011.

Recently, Contract No. C36627 (Amendment No. 7) was executed to extend the YMCA's management under the 2018 original executed agreement, Contract No. C36620. This current contract has been amended several times, with seven extensions addressing various elements such as scope of services, fee adjustments, and contract term extensions. Over the past year, City staff has worked closely with YMCA staff to develop monthly key performance indicators, improve financial reporting, and assess operational and capital needs at PDAC. Revenue has increased through strategic fee adjustments, special events (e.g. Dive-In Movies and 4th of July), increasing food items at the cafe, facility rentals, and collaborating with our marketing teams through various social media channels.

Through these negotiations, staff has refined the scope of work with the YMCA, particularly in areas such as reporting requirements and clearly defined roles and responsibilities. Additionally, City staff has received a detailed breakdown of the management fee and its components. The proposed contract term extension aims to provide greater stability, reaffirming the City’s 309
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commitment to maintaining high-quality service at the facility while setting clear expectations for the future.

In addition to the ongoing improvements at the Aquatic center, a pool pump room renovation project is planned in the new year, with an estimated eight week construction timeframe. This will involve necessary upgrades to the outdated pool equipment and other component to the pool, aimed at enhancing the facility and providing a better experience for all visitors. During this period, services at the facility may be temporarily suspended to accommodate the renovation work, and City staff will communicate these changes clearly with the public.

The City is fully committed to facilitating the success of this project and ensuring that the upgrades are completed as efficiently and smoothly as possible. City staff will work closely with the YMCA management team, the contractors, and the public to provide all relevant information and support throughout the duration of the closure. This collaboration will include timely updates on project milestones, effective communication with the community regarding the temporary suspension of services, and assistance in minimizing any disruptions to the overall operations of PDAC. Additionally, City staff will ensure that all logistical and operational requirements are met to ensure the facility’s safe and prompt reopening after the upgrade.

To mitigate the impact of the closure on YMCA staff, the City has established a not-to-exceed amount of $250,000 to cover any unemployment-related costs incurred by the YMCA in order to retain staff. This provision will support staff during the temporary halt of operations, allowing them to receive necessary assistance while enabling the YMCA to resume its services seamlessly once the pool room upgrade is completed. This proactive approach underscores the City’s ongoing commitment to supporting both the facility’s employees and the community, ensuring that PDAC continues to provide high-quality services upon reopening.

Legal Review:

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

Strategic Plan:

Maintaining high-quality facility management and staffing at the Palm Desert Aquatic Center (PDAC) is essential to preserving the City's premier recreational asset. The proposed action aligns with the Strategic Plan’s objectives by enhancing access to comprehensive recreational opportunities for both residents and visitors.

FINANCIAL IMPACT:

The costs associated with amending the contract, management fee adjustment, and scope of services are included in the Exhibit to Attachment 9 (Amendment 8 “Scope of Services.”) The YMCA is not requesting any increase in its management fee as approved in the FY 2024-25 contract (Amendment No. 7). The proposed management fee will be reduced from the FY 2024- 25 fee due to cost savings in Management Personnel and other overhead from $210,442 to $177,889.20 annually and paid monthly at $14,824.10 per month. The management fee breakdown is below:
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PDAC Management Fee Breakdown PDAC Cost per item
Management Personnel (3 staff part time) $103,760
Payroll Software 13,200
Operating/Accounting Software 5,250
Accounts Payable Software 180
Finance& Accounting 27,000
Information Technology 9,900
Human Resources 6,000
Annual YMCA Dues 12,600
Total Fixed Annual Management Fee $177,889.20
Other costs for the operation of the PDAC such as staff salaries, supplies, performance consultant support services and maintenance will be included in the Public Works FY 2025-26 Annual Budget request.

ATTACHMENTS:

1. Original Executed Agreement (C36620)

2. Executed Amendment No. 1 (C36621)

3. Executed Amendment No. 2 (C36622)

4. Executed Amendment No. 3 (C36623)

5. Executed Amendment No. 4 (C36624)

6. Executed Amendment No. 5 (C36625)

7. Executed Amendment No. 6 (C36626)

8. Executed Amendment No. 7 (C36627)

9. Proposed Amendment No. 8 (C36628)
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I I T y Of Fn'! M 73-
510 FRED WARING DRIVE PALM
DESERT, CALIFORNIA gzz60-z578 TEL:
76o 346—o6ii info@cityofpalmdesert.
org June
11, 2018 Family
YMCA of the Desert 43-
930 San Pablo Avenue Palm
Desert, California 92260 Dear
Sir or Madam: Subject:

Contract No. C36620 — Professional Services for Management and Staffinq of the Palm Desert Aquatic Center At
its regular meeting of May 10, 2018, the Palm Desert City Council, by Minute Motion: 1) Awarded subject contract for Professional Services to Family YMCA of the Desert, Palm Desert, California, for management and staffing of the Palm Desert Aquatic Center; 2) authorized the Mayor toexecute said agreement. Enclosed is a fully executed Agreement for your records. If you have any questions orrequire additional information, please do not hesitate tocontact us. Sincerely,

RACHELLE
D. KLASSEN, MMC CITY
CLERK RDK:
mgs Enclosure (
as noted) cc/
enc: Johnny Terfehr, Management Analyst Finance
Department A0
ll L

PAINTED DN RE( I(LED PAPER
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c. ONTRACT N0. C36620
AGREEMENT:

THIS AGREEMENT, made and entered into this 10th day of May, 2018., by: and between THE CITYOF PALM DESERT, a. municipal corporation, hereinafter referred to as " CITY" and- FAMILY YMCA OF— THE DESERT;- hereinafter referred to . as CONSULTANT".

WITNESSETH: .

WHEREAS;: CONSULTANT i a corporation, the principal members of which are Professional CONSULTANTS duly registered under the laws of. the State of California; and
WHEREAS,: CITY desires: to. engage CONSULTANT to render. certain technical and professional services as.:set forth in Exhibit " A" ( CONSULTANT'S Proposal of Services) in • connection with the management . and operation of the City of Palm Desert.

Aquatic Center, Exhibit " B" ( Request for Proposal for :Contract No. C36620 . issued January 10,-2018), and within the financial constraints of the Palm -Desert Aquatic Center Program Budget as forth in Exhibit:"C" ( as may be:'amended from year to year by the City Councilthrough the annual budget process). Exhibit A, Exhibit B, and Exhibit- C. are all attached hereto and by reference incorporated herein and made a part hereof..:

NOW, THEREFORE, the parties hereto agree as follows:
1) TERM:.

1. 1) The term: of this Agreement shall commence on July . 1.; : 2018 Commencement Date") and continue through June 30; 2019 (` Termination Date"). 314

RECEIVED

CITY CLERK' S OFFICE
PALM DESERT, C;;
2010 JUN - I AM 8: 47
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1. 2) The CITY, at its option, may extend the -term of this Agreement for up to four 4) one-year_ contract extensions based on CONSULTANT' S performance and mutual agreement. In .the event of the .exercise of. such .option by the CITY, all other terms of this. Agreement shall. remain the same, except for -the new.Termination Date, as -agreed to by the Parties.
2) CITY hereby agrees to engage : CONSULTANT- to - perform the, technical and/ or professional services -as hereinafter -set forth. 3) CONSULTANT shall perform all- work : necessary within _ the schedules provided herein to complete the services. set forth in Exhibit " A" attached hereto and by reference incorporated herein and made a part hereof. 4) All information, data, reports and records and maps as are existing and available from the CITY and necessary for the carryings out of the work outlined in.

Exhibit "A" hereof shall be furnished to. CONSULTANT without charge by CITY and CITY shall cooperate in every way:.reasonable in, the carrying out .of :th:e work without: delay.

CONSULTANT agrees to work closely with City staff in :the performance .of services and shall be available to City's staff ,:cons ultants 'and, other staff at' allreasonable times. 5) CONSULTANT represents that, it employs or will employ at its own expense, all personnel required- in performing the services under this Agreement.

CONSULTANT certifies that' it is aware of the provisions of Secti6n: 3700 of the California Labor Code which: require every employer to be -insured against liability for Worker' s Compensation or to .undertake self-insurance in accordance with the provisions -of that Code, and..agrees to comply with such provisions before commencing the performance 316
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of the services. CONSULTANT verifies 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.
6) All of the services required hereunder will be performed by CONSULTANT or under its direct supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted understate and local law to perform such services. CONSULTANT shall perform all. services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

CONSULTANT represents and maintains that it is skilled in the professional calling necessary to perform the services. CONSULTANT warrants that all employees and subconsultants shall have sufficient skill and experience to perform the services assigned to them. As provided for in the indemnification provisions of this Agreement, CONSULTANT shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the CONSULTANT' s failure to comply with the standard of care provided for herein. Any employee of the CONSULTANT or its sub -consultants who is determined by the City to be uncooperative, incompetent, 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 by the CONSULTANT and shall not be re- employed to perform any of the services.
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7)' The execution : of: this Agreement bV the parties: hereto does not:
constitute. anauthorization toproceed. CITY' s:Director of Community Development, has not authorized. CONSULTANT toproceed. 8)
Designee ofthe City: Until such. time as CONSULTANT shall have received written notice to -the. contrary, the "designee ofthe City: as that term is used herein, shall .be the City Manager: 9)
The CONSULTANT warrants that he has not employed orretained any company or person, other than a bona fide employee : working solely. for the consultant,. to solicit or secure this Agreement, and that he has not paid or agreed to.pay any company or person, other. than a bona fide employee working solely for the consultant, any fee, commission, percentage; brokerage . fee, gifts, or any: other consideration, contingent upon or: resulting from the award or making ofthis Agreement.: For breach or violation ofthis warranty, CITY shall have the right to annul this -Agreement without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 10)
The right is. reserved by the CITY toterminate. the Agreement.at any time and without cause upon seven (7).. days written notice to CONSULTANT of such termination,:
and s eci g: in ' the Y effective date thereof.: In : an such. CONSULTANT case the p shall. be paid the reasonable value_of the services rendered, based uporl. a pro rata -portion of CONSULTANT'SFixed : Management Fee;. up to the: time of the termination..

The CONSULTANT shall Keep adequate records to. substantiatecosts and 318
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provide copies of original timecards in the event of termination or suspension.

CONSULTANT may not terminate this Agreement except for cause. 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.
11) All documents including tracings, drawings, estimates, reports, investigations and computations shall be delivered to and become the property of the CITY. CITY acknowledges and agrees that all plans, specifications, reports. and other design documents prepared by CONSULTANT pursuant to this Agreement shall be used exclusively on this project and shall not be used for any other work without the written consent of CONSULTANT. In the event CITY and CONSULTANT permit the re -use or other use of the plans, specifications, reports or other design documents, CITY shall require the party using them to indemnify and hold harmless CITY and CONSULTANT regarding such re -use or other use, and CITY shall require the party using them to eliminate any and all references to CONSULTANT from the plans, specifications, reports and other design documents.
12) The CONSULTANT shall comply with all federal, state and local laws, ordinances and regulations applicable to work and shall give all notices required by law. CONSULTANT shall be liable for all violations of such laws and regulations in connection with services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom. CONSULTANT shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, 319
NTRACT NO. C36620
pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 13) No change in the character or extent of the work to be performed by the CONSULTANT shall be made except by supplemental authority in writing between CITY and the CONSULTANT. The supplemental authority shall set forth the changes of work, extension of time and adjustment of the fee to be paid by CITY to the CONSULTANT, if any.
14) In connection with the execution of this Agreement, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The CONSULTANT shall take affirmative actions to insure equal employment opportunity and that employees are treated, during their employment, without regard to their race, religion, color, sex or national origin. Such actions shall include, but not limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation and selection for training, including apprenticeship. This clause shall be included in each related subcontract, if any, awarded by the CONSULTANT.
15) The CITY agrees to pay the CONSULTANT a fixed Management Fee for the period of this Agreement to the expiration of the term, CONSULTANT shall receive a " Fixed Management Fee" of $ 13,750.00 per month. The Fixed Management Fee shall be paid monthly, in arrears, within 30 days of receipt of the invoice. 320
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In: addition to the Fixed: Management. Fee, the CITY shall, on a monthly basis, reimburse :.

CONSULTANT for costs and_ expenses incurred by CONSULTANT in performing =the services. under this' Agreement as identified in. Exhibit " A of. this. Agreement. However; CONSULTANT. shall not ' exceed the- Palm Desert Aquatic Center Program Budget Program : Budget") amount without priorconsent of the City :Council. The Program Budget is included herein as Exhibit." C"
16) Aquatic Center Accounts —The Aquatic Center shall cause -to be . established bank accounts for. the operations of the Aquatic Center of a banking institution which banking : institution shall be determined by the City), such accounts to be in the City's name: CONSULTANT will collect and deposit daily in the Aquatic Center Accounts designated by the City all monies: received from the operations of the Aquatic Center.

16. 1) All revenues generated by the Aquatic Center shall be the property of the City.: Revenue collection procedures shall be in accordance with the: method approved by the City.: - The deposit shall be made with'..the bank no later -than the next business day following the date on which -the revenues are collected. A duplicate' copy of - the deposit receipt identifying, the amount' collected by CONSULTANT and. its deposit with the bank shall be delivered by CONSULTANT to the designee of the City on a weekly basis, or, .at the option of the City, CONSULTANT shall provide the City with a weekly bank. deposit report via a computerized " on- line" reporting system.

Until such monies .or other=things. of. value have been .deposited in the City's account and. verified by the. bank. in accordance with this Agreement, CONSULTANT bears_ all risk of. loss_ therefore, including, but not limited to, damage destruction, disappearance, theft, fraudulent, or any dishonest or unlawful act,: or other 321
NTRACT NO. C36620
hazard, irrespective of location and whether by CONSULTANT' s employees or any other person or entity. Should such an event or act occur, CONSULTANT shall notify as soon as possible the designee of the City and the County Sheriff and CONSULTANT shall prepare a report of such incident. CONSULTANT shall notify the City of any operational changes deemed necessary by CONSULTANT to safeguard the City' s monies or things of value.

16. 3) CONSULTANT shall require of the bank holding the City' s funds that all funds be secured to such an extent and in such a manner as is required by applicable law in connection with the deposit of funds of a public entity.

16. 4) Accounting System: CONSULTANT shall design, establish, implement and maintain procedures for the accounting and control of the revenues from the time of their collection by CONSULTANT to the time of deposit at the bank. This shall include a system of internal controls to account for all gross revenues. Such procedures shall include each of the accounting and cash control processes identified recommended by CONSULTANT and approved by the designee of the City, which approval shall not unreasonably be withheld.

16. 5) Books and Records: CONSULTANT shall maintain in accordance with GAAP ( Generally Accepted Accounting Principles) adequate books of account with respect to its management and operations of the facilities and shall maintain such books at its local offices in Palm Desert, California. CONSULTANT shall keep full an accurate books of account and such other records as are necessary to reflect the results of the operation of the Aquatic Center. For this purpose, CONSULTANT agrees it will make available to the City at all times all books and records in CONSULTANT' s possession 322
It"
11 ) NTRACT NO. C36620
relating to the Aquatic Center, including contract documents, invoices and construction records. All accounting records shall be maintained in accordance with GAAP and shall be maintained in a cash format for each Operating Year. All such books, records, and reports shall be maintained separately from other facilities operated by CONSULTANT.

CONSULTANT agrees to maintain reasonable and necessary accounting, operating, and administrative controls relating to the financial aspects of the Aquatic Center, and such controls shall provide checks and balances designed to protect the Aquatic Center, CONSULTANT, and the City. CONSULTANT shall maintain all financial and accounting books and records for a period of at least three years after the expiration or earlier termination of this Agreement, and the City shall have the right to inspect and audit such books and records during such period as provided below.

CONSULTANT shall provide the City with a verification and accounting system as directed by the City for all monies, gross receipts, revenues, fees and charges collected at the Aquatic Center. Such system shall include:
a) Recordation of all sales by means of a cash register, which will display the amount of each sale and automatically issue a customer' s receipt. The cash registers used by CONSULTANT shall be approved by the City. Said cash registers shall in all cases have locked in sales total transaction counters that are constantly accumulating and which cannot, in any case, be reset, and in addition, a tape loaded within the cash registers on which transaction numbers and sales details are imprinted.

Beginning and ending cash register readings shall be made a matter of daily record. In the event of a mechanical or electrical failure of cash register, CONSULTANT shall record by hand all collections and issue a customer receipt in like manner. 323
Y) NTRACT NO. C36620
b) Entry of each and every Aquatic Center users name on entry log. c) Totaling of Aquatic Center users at the end of each day and reconciliation of fee category totals on cash register detail tapes. d) Maintenance of a daily log book detailing the number of Aquatic Center users by fee category and total amount of cash collected by fee category.

16. 6) Inspection: The City or its authorized agents, auditors, or representatives shall have the right during normal business hours to review, inspect, audit, and copy the books, records, invoices, deposit receipts, canceled checks, and other accounting and financial information maintained by CONSULTANT in connection with the operation of the Aquatic Center. All such books and records shall be made available to the City at the Aquatic Center, unless the City and CONSULTANT agree upon another location. The CONSULTANT, at its own expense, shall have the right to retain an independent accounting firm to audit the books and records of the Aquatic Center on an annual basis. The City's rights under this Section shall continue after termination of this Agreement.

16. 7) Reports to City: CONSULTANT shall deliver to the City the following financial statements, in a form reasonably acceptable to the City:

16. 7. 1) Within 20 days after the end of each calendar month, a statement of Gross Revenues, showing the results of operation of the Aquatic Center for such month and for the Operating Year to date, which statement shall include sufficient detail to reflect all Gross Revenues, Aquatic Center Expenses and the Fixed Management Fee. Such statements shall include a budget comparison, a variance report, and such other customary reports as may reasonably be requested by the City. Such statement shall be 324
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certified as correct by an authorized financial officer of CONSULTANT. Such statement shall be in a form reasonably acceptable to the City; and

16. 7. 2) Within 30 days after the end of each Operating Year, a statement of profits, losses, and Gross Revenues, showing the results of operation of the Aquatic Center for such Operating Year which statement shall include sufficient detail to reflect all Gross Revenues, Aquatic Center Expenses, the Fixed Management Fee, and the Percentage Management Fee ( if applicable) for such period. Such statement shall be certified as correct by an authorized officer of CONSULTANT. Such statements shall include a budget comparison, a variance report, and such other customary reports as may reasonably be requested by the designee of the City. If requested by the designee of the City, and at the sole expense of the City, these financial statements shall be certified by an independent certified public accountant acceptable to the designee of the City and provided to the City within 90 days after the end of the Operating Year. CONSULTANT shall provide to the designee of the City, within 30 days of end of each calendar month, that calendar month' s payroll register by department and individual.

If CONSULTANT fails to provide to the City any monthly or annual statement at the time and in the manner specified in this Agreement, this failure shall constitute a material default under this Agreement and the City shall have the right, in addition to any other rights or remedies it may have under this Agreement, to conduct an audit to determine these sales, and CONSULTANT shall immediately reimburse the City for the cost of the audit on written demand by the City. If the actual monthly or annual Gross Revenues shown by any audit of the City ( whether hereunder or under Sections

16. 5 or 16. 6) is found to be three percent or greater than the amount of the Gross 325
1 NTRACT NO. C36620
Revenues shown on the statement provided by CONSULTANT, or if there are any other material irregularities, the overstatement or such irregularities shall be deemed willful and the City may terminate this Agreement upon written notice given at any time within 60 days after receipt of the audit by the City. If at any time CONSULTANT causes an audit of CONSULTANT' s business at the Aquatic Center to be made by an independent accountant, CONSULTANT shall furnish the City a copy of the report of this audit at no cost to the City, within ten days after CONSULTANT' s receipt of the audit report.

16. 8) CONSULTANT Payroll and Accounting Software: CONSULTANT shall provide the City with all computerized data in a format acceptable to the designee of the City.
17) Publicity: Any commercial advertisements, press releases, articles, or other media information using the City' s name shall be subject to the prior approval of the City, which approvals shall not be unreasonably withheld. 18) This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney' s fees and all other costs of such action.
20) This Agreement shall be binding on the successors and assigns of the parties, but it shall not be assigned by the CONSULTANT without written consent of the CITY.
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21) The CONSULTANT shall be an independent contractor, not an employee of the CITY. The services shall be performed by CONSULTANT or under its supervision. Consultant will determine the means, methods and details of performing the services subject to the requirements of this Agreement. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT' s officers, employees, or agents, except as set forth in this Agreement. CONSULTANT shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. CONSULTANT shall be 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.
22) Prohibited interests are as follows:

No officer, member or employee of the CITY during his tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The parties hereto covenant and agree that to their knowledge no member of the City Council, officer or employee of the CITY has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in business of the contracting party other than the CITY, and that if any such interest comes to the knowledge of either party at any time a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under applicable laws. 327
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The CONSULTANT hereby covenants that ' he has, at the time of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work no person having any such interest shall be employed by the CONSULTANT.
23) To the fullest extent permitted by law, CONSULTANT shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of CONSULTANT, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the CONSULTANT's services, the project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney' s fees and other related costs and expenses.

To the fullest extent permitted by law, CONSULTANT shall defend, with counsel of City' s choosing and at CONSULTANT' s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered directly above that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. CONSULTANT shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. CONSULTANT 328
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shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers 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. CONSULTANT shall reimburse City and its directors, officials, officers, employees, agents, and/ or volunteers, for any and all legal expenses and costs incurred by. each of them in connection therewith or in enforcing the indemnity herein provided. CONSULTANT' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

The CONSULTANT shall submit to CITY, prior to the issuance of the Notice to Proceed, certification of adequate coverage for " errors and omission" insurance in amounts approved by the City Attorney. Any such insurance shall not be canceled prior to written notice to and approval from the CITY.
24) The City shall not be responsible for payment for services by the CONSULTANT that are directly related to addressing discrepancies, errors, omissions, ambiguities, etc. in services provided by the CONSULTANT. 25) In case of conflicts within the contract documents, the document precedence shall be as follows:
a) This Agreement;
b) The Request for Proposal issued January 10, 2018 attached as Exhibit B.
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c) The CONSULTANT' S Proposal of Services, and any written modifications thereto attached as Exhibit A.
26) 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. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties. 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.

CONSULTANT 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.
27) CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective party. This Agreement may be signed in counterparts, each of which shall constitute an original. 330
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IN WITNESS WHEREOF, said parties have executed this Agreement the date first hereinabove written.

CITY OF PALM DESERT
Municipal Corporation
Date: & 0 - () F - Wi g
ATTEST:

R LE D: KLAS M. CITY CL RK
CITY OF PALM1DESERT, CALIF NIA
APPROVED AS TO CONTENT:

RYAN STENDELL
Director of Community Development

FAMILY YMCOTESERT
uthorized Signature
Date: —/
8 331
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 2)V166iAi% )
On . Mi+ L,/ before me, A& r Aw6 iD in I i
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Date Here Insert Name and Title of the Officer
personally appeared A,+I trI J
Name of Signerp
who proved to me on the basis of satisfactory evidence to be the persono whose name() is/ ap subscribed to the within instrument and acknowledged to me that he/ sVe/they executed the same in his/ hfr/th r authorized capacity(iVs), and that b his/ I r/ tVeir signature) n the instrument the personfs), or the entity upon behalf of which the person(4acted, executed the instrument.

ABLE ARCE DIAZ
Commission # 2118402
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Notary Public - California z
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Riverside County D
My Comm. Expires Jul 5, 2019
Place Notary Seal Above
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 , 4d.1_l4w /&fi
Signature of N& y Public

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Cd it, ( Q'lo Document Date: ! D— 1* 1 Number of Pages: ' SS Signer( s) Other Than Named Above: -- Capacity(ies) Clai ed by Signer(s)
Signer' s Name: " d6zZ_ 56w-G/ AftGP
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National Notary Association - www. NationaiNotary. org - 1- 800- US NOTARY (1-800- 876- 6827) Item # 5907 332
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CONSULTANT' S PROPOSAL
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Family YMCA ofthe Desert
Proposal to City of Palm Desert
Aquatic Center
Letterof Transmittal...................................................................................... pg. 1 Qualifications, Related Experience and References of Consultant................................. pg. 2 Management Approach ( Tab 1)
Key Personnel Proposed to Perform Work....................................................... pg. 4 Proposed Subcontractors.................................................................................. pg. 5 Staff References, Resumes, and Certifications
Please see attached appendix................................................ pg. 1 Project Organization Chart
Please see attached appendix................................................. pg. 13 Statementof Intent............................................................. . ............................ pg. 6 Proposed On -site Non -management Staffing Levels................................................. pg. 6 Proposed Services ( Tab 2)
Management and Operations of the Aquatic Center.................................................. pg. 8 Water Slide Daily Operation Checklist
Please see attached appendix................................................ pg. 14 Weekly Cleaning Checklist
Please see attached appendix................................................ pg. 15 334
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Multi -Use Room
Please see attached .appendix ............................................ pg. 17 Financial:Operations .......................................... ...:..................... :..:..................... pg. l I Risk Management.....,........ . ............... ....................... .. ........... pg. 12 .

Evacuation Routes
Please see attached appendix ................................................. pg. 18 Emergency Action Plan Flowchart
Please see attached appendix ...................................... pg. 14 Fecal Incident Response Log
Please see attached appendix .................................. pg. 20 Water'C
l
b:istry Test Log Sheet :.

I .. ..

Please see attached appendix............:..::.:.:.:..............:.::....::.. pg. tl Annual Pool: Tarp Training
Please:see attached appendix ..... ............................................. pg.- 22.

Policy Development... . ............. • ............... pg. 13 Swim Testing
lease see attached appendix...................................:............ pg. 23.

Facility Rental Policies
Pleasesee attached appendix.-..::..:....................................... pg.. 25 Facility Rental Group Use Requirements . .

Please see attached appendix...................................................... pg. 26. 335
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x
p _
Facility Rental Pricing Structure
Pleasesee attached appendix................................................. pg. 30 SignPhilosophy.......................................................................................... pg. 14 Recruitment and Hiring Process....................................................................... pg. 14 Day to Day Operations and Training.................................................................. pg. 16 Lifeguard In-service 2018 Dates and Policy
Please see attached appendix................................................ pg. 31 2018 In -Service Training Schedule
Please see attached appendix................................................ pg. 32 Lifeguard Training P -ogram and Lifeguard Rotation Process..................................... pg. 17 11 Guard potation Map
Please see attached appendix................................................ pg. 33 Program Development..................................................................:............... pg. 18 Online Facility Calendar
Please see attached appendix................................................ pg, 34 Pool Maps
Please see attached appendix ........................... I............... I .... pg. 35 Swim Lesson Evaluation Form
Please see attached appendix................................................ pg. 36 YMCA Program/ Registration and Fitness Class Waiver Form Please see attached appendix................................................ pg. 37 336
ATRACT NO. C36620
8 Marketing......................................................................... a ..................... pg. 21 Procurement Planning Proposed Services............................................................ pg. 21 FeeSchedule............................................................................................ pg. 21 Current Fee Schedule
Pleasesee attached appendix................................................ pg. 38 Conflictof Interest...................................................................................... pg. 22 Exceptions/ Deviations................................................................................... pg. 22 Appendix ( Tab 3)
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CONTRACT NO. C36620
w

LETTER OF TRANSMITTAL
TO: Johnny Terfehr, Management Analyst
City of Palm Desert
FROM: Family YMCA ofthe Desert
A. Robert Ballew, CEO
Family YMCA ofthe Desert
43- 930 San Pablo Ave.

Palm Desert CA, 92260
Telephone No.: 760- 341- 9622
Fax No.: 760- 779- 9651
E- Mail: Desertvmcaceo( a?,aoi. com
B. None
C. Our proposal will remain valid for no less than 120 days from submittal D. Signati a of :authorized YMCA Representative
Signa a of authorized YMCA Representative
E. I a st that the information in this proposal is true and correct.

Rob allew, CEO, Family YMCA ofthe Desert
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CONTRACT NO. C36620
YMCA ofthe Desert' s current budget is $8, 486, 160. 00. As of January 2018 our long term and fixed assets total $397, 118. 70 and we currently have $ 1, 642, 847. 40 in reserve and savings accounts. Our total liabilities as of January 2018 are $ 491, 173. 16. This organization does not have any conditions such as bankruptcy, office closures, mergers, or litigations that would adversely affect it.

Firm' s Experience: YMCA' s have always lead the charge in sports and exercise. Aquatics has been one ofthe strong points of the YMCA dating back to 1907 when the Detroit YMCA started the first organized swim lessons in the country. From 1907 to now the YMCA has taught more people to swim than any other organization in the country. The Family YMCA of the Desert has operated pool programming for 35 years around the desert. Including, but not limited to the city ofPalm Desert and the city of La Quinta pool operations. We have provided trained staff, from lifeguards to swim instructors and nanagement level staff from finance to HR., to run the complete programming and swir4 operations. In 2011 the Family YMCA ofthe Desert had the pleasure of assisting the city ofPalm Desert in the development and the opening of the Palm Desert Aquatic Center. The Family YMCA ofthe Desert has been overseeing the operations and management of the aquatic center since its inception and for the past 7 years. The PDAC has seen as many as 115, 000 guests through the gates in a years' time and few emergencies of any kind have happened. All emergencies that have taken place have been dealt with swiftly, professionally and with no loss of life. All state and county inspections have been passed. As well, there has never been a state/ county forced closure to any ofthe pools, rides, or concessions.

Proposed subcontractors: There are no proposed subcontractors at' this time.

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David has been instrumental in the development and expansion of all programming at the Aquatic Center.

Mike Marshall, Maintenance Supervisor — Ongoing
a Mike has been with the Family YMCA ofthe Desert for 6 years. He was hired to oversee the maintenance operations of the Palm Desert Aquatic Center. He has extensive knowledge and a daily working understanding of all pool and facility related equipment and maintenance operations.

Vanessa Walker, CFO — Ongoing
Vanessa has direct oversite of all revenue and expenses ofthe Palm Desert Aquatic Center. She has been with the Family YMCA ofthe Desert for 16 years and was a key component in the initial budget development. She is the financial liaison to the city. 1 Alisa Willi s, HR— Ongoing
Alisa has been with the Family YMCA ofthe Desert for 10 years. As the Human - Resource Director for the Family YMCA ofthe Desert she has employee oversite of all employees through the YMCA including the 60+ staff at the Aquatic Center.

Cassidy Hadden, Lifeguard Supervisor — Ongoing
Cassidy has worked for the Aquatic Center through the Family YMCA ofthe Desert for 2 years. She oversees the Lifeguard staff operations and trainings.

Alexandria Espinosa Program Manager — Ongoing

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Lifeguard staff increases as the bather load increases or conditions warrant.

Swing Instructors — Preschool class age operates at a 1 to 4 ratio. Elementary class age operates at a 1 to 6 ratio. Keeping the instructor to student ratio is imperative for safety, learning, fiscal responsibility and best practices. All swim classes follow the Red Cross Learn -to -Swim curriculum covering ages 6 mo.- 17 years of age. These include Parent -child, Preschool levels 1- 3, Grade school levels 1- 5 and Rec Swim Team.

Fitness Instructors — One instructor per adult fitness class. Classes include water exercise, yoga, spin, land exercise, masters swim, personal training, adult learn to swim. When a class has less than three attendees the class is cancelled.

Front Desk — During operational hours there is always one or two people at the front desk depending on the season and busyness. They handle check -ins, answering questions, cash I
transactions, registration for programs, taking p o e calls.

Concessions — Concessions is open seasonally. ); wring open hours there is always two and up to four staff members depending on the season and busyness. One staff takes orders and handles transactions, and the other staff member handles and distributes food. As business increases staff increases as well. All concession staff have food handler cards.

Janitorial — Slow season October — March, there is one PT staff cleaning locker rooms, unisex changing areas and offices thoroughly 2x per week. Busy season April -September there are two PT staff sharing the work load 2x per week.

Maintenance — Along with the FT Maintenance Supervisor two PT staff share a 24 hour work week as they clean deck space, pools, play structures and deck furnishings.

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ONTRACT NO. C36620
while engaged in surveillance. An emergency whistle code will be employed and understood by all lifeguards.
o Rescue hip packs must be worn at all times. Packs will be adequately supplied with resuscitation mask and non -latex gloves.
0 Backup Duty Lifeguard
o When not needed on deck or to assist customers, they check dressing rooms for behavior problems or horseplay. Assist in rendering first aid to injured persons, assist deck lifeguard as required, do clean up or maintenance as necessary. o If numbers do not justify a full complement of staff, the supervisor on duty may release excess lifeguards from work.

No lifeguard should work more than 8 hours in one day.

For all injuries, complP±e injury reports form(s) are required and passed on to the supervisor who gets it to the Aqu- tic Manager.
f
See lifeguard rotation mlal appendix page 33
Water Chemistry:

Lead Lifeguard is required to check and record pool chemistry every 2 hours.

Water chemistry is adjusted by maintenance personnel as needed before opening, during duty hours and at closing.

Seeforms used appendix page 21
Communication:

Good communication is vital at the Palm Desert Aquatics Center. Communication includes verbal and non- verbal communication, hand signals, whistle blasts, radio contact, and written communication. Signs and brochures at the front desk communicate safety rules. Management

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Concessions:

The concessions stand adheres to all Riverside County health codes and regulations. All staff who handles unpackaged food has current Riverside County Food Handler cards and they are overseen by a Food Safety Manager. Concessions has consistently received an A rating from Riverside County Health.

Locker Rooms:

Children 5 years and over must use the locker room of their own sex. Ifthis presents a difficulty, family changing rooms are available.

Towel snapping, running, or rough play is not allowed in the locker rooms.

No food or drink allowed in the locker rooms.

Multi -use Room: See attached appendix page 17
Fiz,ancial Operations
Th.- Family YMCA of the Desert accounting department will Provide financial operations including but not limited to; budgeting payroll, collecting, reporting, and accounting for all re'venues and -expenditures, and detailed budget preparation of al- income aad expenses statements. In order to achieve organizational accountability, reconciliations are completed monthly for all asset and liability accounts. Payroll is processed on the fifth and twentieth of every month. Accounts payable processes. checks weekly and purchase orders are used for purchasing. All checks over $ 1, 500. 00 require two signatures. As well, financial statements are printed for department heads to review for accuracy and planning. The Financial Committee meets monthly and reviews the income statement, along with a balance sheet and cash flow for the organization. The income statement is then forwarded to the Executive and Board Committee for approval.

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ITRACT NO. C36620
Risk Management
The following bulletpoints have detailed procedures that the Family YMCA ofthe Desert developed for the Palm- Desert Aquatic Center in 2011. These procedures are currently in use and . stated in the Palm Desert Aquatic Center Emergency Action Plan (EAP) and the Palm Desert Aquatic Center Lifeguard Policy and Procedure Manual (PPM)..A copy ofthe EAP and PPM will be provided upon request.

PPM:

Pool Chemical Parameters
Chlorine Room Emergency Procedures
Hazard Identification and Communication
Safety and First Aid Equipment
Facility and Pool Cleanliness
Health Regulations
Discipline Policy and Procedure
Child Abuse -Policy and Procedure .
p Lost and Found
Media Communication Policy .

Pool Water Contamination and Response Procedure
Biohazard Disposal Procedure
Report Writing
EAP:

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CONTRACT NO. C36620m
Incident/Injury Reporting
Injury Response and Emergency Procedures
Injury Response and Emergency Procedures for Slides
Minor Injury Procedures
Fire Emergency
Criminal Activity
Severe Weather and Natural Disasters
Thunder/Lightning Storms
Power Failure
Chlorine Spill or. Leak Procedure
Evacuation Routes — See attached appendix page 18
Emergency Action Plan Flowchart — See attached appendix page 19 Fecal Incident Response Log — See attar, red appendix page 20 Water Chemistry Test Log Sheet — See attached appendix page 21 Annual Pool Tarp Training — See attached appendix page 22 Policy Development
The following bullet points have detailed procedures that the Family YMCA of the Desert developed for the Palm Desert Aquatic Center in 2011. These procedures are currently in use and stated in the Palm Desert Aquatic Center Lifeguard Policy and Procedure Manual ( PPM). A copy ofthe PPM will be provided upon request.

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CONTRACT NO. C36620
within the community, depending on the positions being filled. We utilize high school and - college job boards and actively network with leaders in the community or in their field to stay abreast of qualified candidates. High school water polo and swim teams are targeted directly to give youth of the community job experience opportunities utilizing the skills they have mastered through their teams. We' ve ensured that the job description for each job being filled is accurate and current and identifies the core competencies needed for the job. We' ve established a written screening process that ensures all hires meet the YMCA' s highest standards and possess the core competencies for success in their positions at the YMCA. Systematically we use screening techniques, the employment application, background checks, reference checks, etc. — to screen out applicants who are at'risk to abuse youth or vulnerable adults. We' ve developed and maintain an updated recruiting plan to anticipate and meet the YMCA' s current and future staffing needs.

We employ a variety of legal, effective tools and techniques, beyond the basic :.nterview, to assess a candidat.' s qualifications for the position; this may include online tools, interview guides, phone sci eening, swim testing etc.

The minimum age for employment is sixteen ( 16) with a valid work permit. Al, employees over the age of eighteen ( 18) are to be fingerprinted upon hire. After fingerprints have been processed through the State of California Department of Justice, and FBI, results will be received by the Human Resource Department and held confidential. Continued employment is subject to fingerprinting clearance. Any employee is subject to termination of employment ifthe Criminal History warrants such action. Additionally, employees must notify the Association ofany arrest and/or convictions other than minor traffic violations, withinfive (5) days, Failure to do so may result in disciplinary action up to and including termination. The YMCA recognizes its responsibility to help provide a safe and productive work environment for all employees. In

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VTRACT NO. C36620
support o£ this responsibility, the YMCA has a concern about substance abuse, since it may affect and employee' s productivity and efficiency;. jeopardize the safety ofthe employees, co-. workers, guests, volunteers; members, -vendors and business partners; or violate State or Federal Statutes. Therefore, we are committed to remain a drug free workplace. In addition, new employees -are. required to attend a YMCA Employee Orientation and Child Abuse:Prevention training within 30 days -of being hired. Furthermore. new employees will be mandated to attend safety training. at their specific work site.

Day -to -Day Operations and Training
The:following bullet points have detailed procedures that the Family YMCA ofthe Desert developed for the Palm Desert Aquatic Center in 2011. These procedures are currently in use and stated in the Palm Desert Aquatic Center Lifeguard: Policy and Procedure Manual ( PPM). A copy of the PPM will be provided upon request.

Personal Requirements
General Staff Responsibilities
Lifeguard Responsibilities
Supervisor/ Lead Guard Responsibilities
Swim Instructor Responsibilities
Swim Lesson. Supervisor Responsibilities
Fitness
Customer Service
Day-to-day Operation/Staffing Plan/Orientation

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x. _......... _:.

CONTRACT NO. C36620
Refer to Key Personnel and Proposed Work and Proposed Non -Management Positions (pages 4- 8) for the staffing plan.

Refer to the Recruitment and Hiring Process ( page 14) for the orientation process.

Pre -Service and In -Service Training Plan:

Refer to the Recruitment and Hiring Process and the Lifeguard Training Program, ( page 14, 17).

Lifeguard In-service 2018 Dates and Policy - See attached appendix page 31 2018 In- service Training Schedule - See attached appendix page 32 Lifeguard Training Program and Lifeguard Rotation Process — Employed lifeguards shall hold in good standing the American Red Cross Certification for iifeguarding also known as lifeguard for the Professional Rescuer which includes Lifeguarding, CPR, AED and First -Aid.

In addition to this certification, guards who have guarded for a year or are returning after one season must have and maintain a Title 22 certification. Swimming ability is one ofthe most important prerequisites to become a Red Cross lifeguaru: and guard at a pool with a depth of 15 feet. The guard must be able to swim breaststroke and front crawl and have the endurance to swim for long distances during the testing process. The swimming test includes 300 yards of non-stop swimming, 100 yards offront crawl, 100 yards of breaststroke and another 100 yards of either breaststroke or front crawl. Because ofthe depth ofthe pool, guards are also required to perform a time trial test consists of swimming 20 yards, surface diving to 15 '/ 2 feet, retrieving a ten pound weight and treading with the weight held out ofthe water with both hands on the weight 20 yards back to the starting point, placing the weight on the deck and exiting the water from the deck going into a standing position in 1 minute and 46 seconds or less. In addition to

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yWTRACT NO. C36620
swimming proficiency, the, guard.needs to demonstrate solid emergency: medical skills; they are trained. and tested in standard first aid; cardio- pulmonary resuscitation. CPR and automated . .. external defibrillator ( AED): These, skills are tested through drills conducted both in and out of the water: A written test concludes the proficiency Testing. A score of 80 percent or higher on the written exam is required. .

Guard. Coverage Policy
See Proposed Onsite Non -Management Staffing Levelsror Lifeguards (page 6 Guard Rotation Map -See attached appendixpage 33.

Program Development -' The Family YMCA of the Desert uses the entire facility to create programs for the Aquatic. Center. The multi -use room holds 3 yoga classes,; 2 senior adult land. classes weekly, and: Red Cro certification: courses as scheduled: The recreational pool ho ds 2 arthritis classes, 2 shallowfw, iter classes and l waterclass specifically geared for indivic is living with Multipole Sclero::is weekly. In addition, the recreational pool is also utilized far group and private swim lessons as well as lap swimming and Iane rentals: The lap pool holds deep water, shallow water, Rec. Swim Team, Adult -Learn -to -Swim and US Ivlasters:Swan classes; _lap: swim, and rentals. Additionally the YMCA has supplied the Aquatic Centerwith . spin. bikes to. create anon deck cycling class. The. deck. is an -area we are. expanding programs. onto seasonally. Upcoming biogramsInclude Splashball ( intro into water nnln) nive4n mrMes nights; and Weekly Water Games:

The hours of operation for the general public are: Monday - Friday 5:30am to 7pm, May - September Saturday' s lain -:7pm and Sunday' s Sam to 7pm. During October through April Satur ay s are open from lam - pin,an Sunday' s $ am:- 5pm. Throughout the.year-different

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CONTRACT NO. C36620
user groups rent out space and we adjust operational hours as it is financially beneficial. User groups have the opportunity to rent space at the facility with a 24 hours' notice. All of this requires the pool schedule to be fluid. Programs are scheduled using an online calendar that is shared with the general public. See an example attached appendixpage 34. Detailed lane availability is also put on a MAP. See example in the attached appendix page 35.

Flow to make swimming classes responsive and/ or inclusive to persons with disabilities:

1. Safe entries into the water via a hoist, lift, or supported entry down a ramp.

2. Specific instructions for aids in the water, so they can help with activities for children with physical disabilities in a planned and structured way.

3. Information for people with disabilities in the class, particularly ifthey are swimming for the first time at the facility.

4. Group activities for peo le with physical disabilities which take their needs into account eg. rolling front to bacl:, learning to maintain body position, being comfortable using an aid to float).

5. Individual activities which are designed as an exercise for people with a disability, such as push off from the wall and float into a glide position, or doing a safe slide into the pool, or learning to propel in the water wearing a life jacket.

6. Swim class lessons planned in advance to best accommodate children with disabilities without compromising the skills they will learn.

7. Safe exit from the pool.

Monitoring and evaluating programs for improvements and fiscal responsibility:

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Marketing — The YMCA will use various forms of social media to keep all audiences engaged throughout the year. Target audiences will vary based on the season. March -September we will target families for our group swim lessons, and recreational swim. Public and Private schools are targeted April -June for school field trips and full facility rentals. The YMCA advertises through our website, social media, constant contact, and has recently purchased billboard space to advertise the Aquatic Center.

Procurement Planning Proposed Services — Our standard purchase policy would stay in place, for items over $ 1, 000. 00 we would require 3 bids and PO' s need purchaser' s signature along with those ofthe department head and CEO. Items are inspected at time of delivery and once accepted that are logged in as assets. The YMCA will continue to write grants to enhance equipment for programs, life- saving equipment, first aid supplies, lifeguard supplies and facility manag ' ment supplies. Labor needs will be handled by our Human Resources department. We adverti. a our available jobs to the public through a variety of announ: ements. Selection is based on qualifications; we do not discriminate due to race, age, religion or sex. Furthermore, Aquatic positions may require several certifications and those will be inspected for current status. All YMCA employees are fingerprinted and checked through the State Attorney General' s office for any convictions. All new YMCA personnel will receive child abuse training and certification along with first aid and customer service training. Safety training will be ongoing on a weekly basis and simulated emergency drills will be conducted on a regular basis.

Fee Schedule
The City developed a fee structure for general admission in 2011 that is still in place and has not seen any increases. We suggest that a cost of living study be done to look at possible fee

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CONTRACT NO. C36620
Family YMCA ofthe Desert
Proposal to City ofPalm Desert
Aquatic Center
Index
Staff Resumes and Certifications........................................................................ pg. 1 Project Staff Organization Chart ..................................... ................................... pg. 13 Water Slide Daily Operation Checklist... ............................................................ pg. 14 Weekly Cleaning Duties Checklist.................................................................... pg. 15 Facility User/ Staff Checklist ............................. ............................................... Pg. 17 Evacuation Routes...................................:................................................... pg. 18 Emergency Action Plan Flowchart .................................................................... pg. 19 Fecal Incident Response Log........................................................................... pg. 20 Water Chemistry Test Log Sheet ............... ...................................................... pg. 21 Annual Pool Tarp Training...............:............................................................. pg. 22 SwimTesting .................................. I............................................ I ............. pg. 23 FacilityRental Policies.............................................................................. pg. 25 Facility Rental Group Use Requirements............................................................ pg. 26 Facility Rental Pricing Structure ............ ............................................................ pg. 30 Lifeguard In-service 2018 Dates and Policy......................................................... pg. 31 2018 In-service Training Schedule..................................................................... pg. 32 11 Guard Rotation Map ..................................... .............................................. pg. 33 Online Facility Calendar................................................................................ pg. 34 Pool Maps ................. pg• 3 -
Swim Lesson Evaluation Form ............................... :......................................... pg. 36 YMCA Program/ Registration Form and Fitness Class Waiver Form..............:.............. pg. 37 FeeSchedule..................................................................... ...................... pg. 38 360
NT RACT - NO. C36620
David .. eye. s.
43547 Campo. Place_ _a indio, CA 92203 • davidkevestadesertvmca org-e 760.534.0206 EDUCATION: .•:

High School Diploma Graduation: Datee June 2004
Pplm, Desert High School Palm Desert,, CA
EXPERIENCE:

Aquatic -Manger April 2017— Present .

Family YMCA of the Desert: Palm Desert,: CA
Oversees all operations including, but not limited to staff schedules, customer -service relations; facility rentals, purchasing,. pool operations, w.ebsite, and monthly cash flow statements Prepares the annual fiscal budget
Works consistently with city assigned marketing firm to promote: the facility in all aspectsAttends all .facility related meetings.and collaborations :.

Teach lifeguard classes and assist in monthly in-service trainings.for.staff Works in various aquatic departments as necessary
Manages Front Desk ..:.. -
Teaches Child Abuse Prevention and Sexual HarassmentTreining to all staff.

Aquatic Assistant Manager February 2016—March 2017 .

Family YMCA of the Desert ..- . Palm Desert, CA
Assisted in marketing
Attended facility MO tings as necessary
Budgeted payroll for Front desk, lifeguard;:and.Instructor staff Collaborated with pr vious:managerto work on annual:tiscal budget Continued all duties.( isted under Aquatic. Program, Manager .....

Aquatic Program Manager and Lifeguard. Supervisor May 2015 - January 2016 Family YMCA of the Desert Palm Desert; CA
Continued to create and 4mplament new programs
Assisted in creation current version of inrWW.bd000l. com Managed 30 =.70 lifeguards by organizing work schedules, provided adequate training through regular in - services; and: evaluating their performance
Held monthly in- service training for lifeguard staff
0 :. Regulated staff skills through drills and evaluations Continued. all duties listed under Aquatic Program: Manager Managed Front Desk.. ..

Aquatic Program Manager May 2014- April 2015:

Family YMCA of the Desert Palm Desert, CA
Created ' an: d implemented new programs
Scheduled pool space:for various user.groups and PDAC programs by -creating the pool map to avoid overbooking pool space
Oversaw swim instructors
P.:. Reconciliation of monthly rental income .

Acted as Manager on Duty as necessary.

Appendix: Page 11
361
CONTRACT NO. C36620
Aquatic Front Desk Manager January 2012 — April 2014
Family YMC4 of the Desert Palm Desert, CA
Managed Front Desk staff and operations e
Implemented ongoing policies and procedures
Hired, evaluated, disciplined and terminated Front Desk staff as necessary Trained staff in customer service and the P. O. S. system Aquatic Front Desk and Concessions Manager April 2011— December 2011 Family YMCA of the Desert Palm Desert, CA
Created rates for retail, food and beverage items
Oversaw merchandise, inventory, purchasing, and handling food Oversaw both front desk and concessions -staff
Trained concessions and front desk staff prior to the facility opening in customer service and P. O. S. system CERTIFICATIONS: "
Aquatic Facility Operator (AFO)
American Red Cross Lifeguard Instructor
American Red Cross Lifeguard/ CPR/ First Aid/ AED
American Red Cross First Aid for Public Safety Personnel ( Title 22) REFERENCES:

Karen Creasey karen uC) karencreasev. com
Former Palm Desert Aquatic C
e,iter Manager
Mario Garcia
Knorr Systems Inc. Field Supervsor
Stephanie Greene steohanie( cDfacreative. com
CEO FG Creative
Laurie King
Lap Swim Patron
760) 218- 3640
714) 681- 3041
760)773- 1707
760) 641- 9099
Appendix Page 12
362
i,,-, ATRACT NO. C36620
and
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Facility Operator American
Red
Goss Certificate
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Page 13 ends

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CONTRACT NO. C36620
Mike Marshall
52290 Silver Star Trail • La Quinta, CA • mmarshall. vmcaPgmail. com • 760. 504. 5108 EDUCATION:

Bachelor of Arts in Early Childhood Education Graduated 2003 San Diego State University San Diego, C4
San Diego Fire Academy
Miramar College
EXPERIENCE: -
Maintenance Supervisor
Family YMCA of the Desert
Owner/ Operator
Precision Aquatics
Technician and Repair Manager
Golden State Pools
Technician
Guaranteed Pools
Techr ician
Bills Faol Service
Ufegiard
Scripps Ranch Swim and Racquet Club
CERTIFICATIONS:
2008- 2010
San Diego, CA
2012 — Present
Palm Desert, C4
2009 — 2011
Son Diego, C4
2005 — 2011
San Diego, C4
2002 — 2005
San Diego, CA
1998 — 2003
San Diego, CA
1994 — 1999
San Diego, C4
Aquatic Facility Operator ( AFO)
Certified Pool Operator ( CPO)
American Red Cross Lifeguard instructor
American Red Cross Lifeguard/ CPR/ First Aid/ AED
American Red Cross First Aid for Public Safety Personnel ( Title 22) Lochinvar Heater Certified
Scissor and Boom Lift Certified
Professional Pool Operators of America ( PPOA)
National Recreational Parks Association (NR.PA)
Heating Vacuum and Air Conditioned Trained
PROFESSIONAL SUMMARY:

Certified Commercial Swimming Pool Operator with over 20 years of related experience. Detail and result oriented, hands on professional. High energy, goal based leader with 5 years of on- site management offacility and staff. Core Appendix Page 4
364
ATRACT NO. C36620
strengths in safe compliant water quality, preventative . maintenance, -methods of approach, time allocation, budget considerations and effectivecornmuriication.

TRAINED AND QUALIFIED IN PALM DESERT AQUATIC CENTER SYSTEMS:

Annual Service Maintenance

1. Pool Filters x3 .
2: Water Slides ( QSI-..Qualified Safety Inspection)

3. Splash Pool Features and Wheel Assembly .
4: Diving Boards

5. Starting Platforms
y 6. Colorado Time Systems

7. Heaters x 5
Swimming Pools
1_. Filtration- ( DE- Diatomaceous Earth)
I, Backwashing-_ Media Recovery

3. Chlorination- Metering pumps and plumbing

4. Acid- PH Balancing

5. Alkalinity- Sodium Bicarbonate

6. Heaters- Boosters and Interface

7. Coolers- Motors and Fans

8. Ultra Violet System

9. Surge, Pit_ and Automatic W tar Fill Lines

10. Flag Set Compliance,

11. Pool Tile Replace: and Repair

12. Lane Line Repair
Building Systems

1. Lighting- Exterior and Interior

2. : Solar Panel Operation and Maintenance

3. Air Conditioning Units

4. Locker Room: Shower Boilers

5. . Power and Relay System ( Overhead, Lighting)
R'.,` C7? rRa:fPi`1PC. Aitl FT1' 1 Pi'gPl'1!` y Pn PrC, rrly .

7. Circuit Breakers and Power Distribution

8. Colorado Time Systems
REFERENCES:

Joe fluette ioefl@knorrsystems. com ( 714) 754- 4044
Technical_Director- KnorrSystems, Inc.

Appendix Page S
365
CONTRACT NO. C36620
9 Anthony Bingham tonvbinshamsd@gmail. com
1T Manager- City of Dallas, TX
William Howell whowelIPwilliamihowell. com
Attorney
858) 386- 2676
619) 994- 2398
147tNDoal Recreation and Park Associ4an
Alike B Marshall
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Service Trainino, CertificatQ
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Cross American
Tr
Red J Cross Certificate
of Completion Certificate of Completion Mike
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ATRACT NO. C36620
A exam riapEs inosa
40-600 Washington- St..Apt. G- 37 • Bermuda Dunes;' CA alexrenee19@hotmail, com .* 760.534.4628. .

EDUCATION:.. . ..

Bachelor' s Degree :. _ . Graduation Date:;; anuary 2017 University: of La Verne La Verne . G4 -
Completed CourseWork .. May 2014
College of the Desert Palm. Desert, C4
High school Diploma.. Graduation Date: May 2011
Palm DesertHigh School Palm Desert, G4 - EXPERIENCE:

Aquatic
Programs. Manager May 2017- Present Family
YMG4 of the Desert...: Palm Desert,. C4. Create
and.implement new, programs:_ .: Promote -
programs using different forms of media: Oversee
user group'sschedules, contracts, -and monthly rental Income. Manage instructors ofland and water programs. Hostess
September 2015 - Present= LG'
s Prime Steakho%se . La Quints; CA Graciously
I
reet ali guests upon arrival. Answerhnes
andtake detailed information forreservation bookings.. Problem= solve guests concerns orissues. Develop
ral port withguests; generated repeat business with a friendly deme 3nor and welcoming experience. Lifeguard Supervisor February 2016 — April 2017 Family
YMG4 of the Desert .... .. Palm Desert, C4 Hire,
train, evaluate; discipline, and terminate staff. Manage staff -and create schedules. (30=60 people Providemonthly in-service trainings inaccordance to.Ai, ierican Red Cross guidelines. Create asafe and positive environment for staff and patrons.: Lifeguard/ Swim Instructor May 2013 = February 2016 Family
YMCA ofthe Desert Palm. Aesert, CA Actively
scan areas o€responsibility. Prevent
injuries ondeck and in. water. Enforce
rules -' offacility ina courteous manner. Teach
swim lessons inaccordance to American. Red Crossguidelines, . File Clerk/ Receptionist February 201.2--May 2614 Las
Polmos OB/GYN Rancho, Mirage, C4 Scan
Medical records: into electronic medical records system,, Answer high volume of phone calls. Appendix

Page 17 ends

367
CONTRACT NO. C36620
Schedule appointments for a large medical practice.

Multi -task in a fast paced environment.

CERTIFICATIONS:

American Red Cross Lifeguard Instructor
American Red Cross Lifeguard/ CPR/ First Aid/ AED
American Red Cross Water Safety Instructor
International Food Safety Manager
American Red Cross First Aid for Public Safety Personnel ( Title 22) REFERENCES:

Veronica Bayne
Las Palmas OB/ GYN — Of Manager
Ed Lerma
LG' s Prime Steakhouse — LQ Manager
bav603CcDaol. com
ed Cap IsEsprimesteakhouse. com
Kathie Maxwell connectionsareus( @hotmail. com
Palm Desert Aquatic Center— Private Swim Lesson Client
760. 485. 3078
760. 771. 9911
415. 990. 7693
Ameriean
Red Cross
American
Red Cross
CI rU: ate of Completion Ce I(( c ate of completion
Alexandria Espinosa Alex 3ndrin Espinosa
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368
4TRACT -NO.. C36620
Cassidy A,,- Hadden
65773 Seventh St, Desert Hot Springs, CA 92240 cahaddenC?a ho#mail: com 760. 902. 1022 EDUCATION:... ..

Bachelor of Science in Accounting ( Emphasis in Business) Graduation Date:. July 2013 Brigham Young University - Idaho Rexburg, ID .

EXPERIENCE:

Lifeguard Supervisor May 2017 — Present
Family YMCA of the Desert Palm Desert, CA
Managed 30, 55 lifeguards. by.organizing work schedules, provided adequate training through regular in - services, and evaluating their performance
a : Prevented injuries and accidents by training lifeguards how to help patrons to follow facility safety measures. and rules
Co -instructor during American Red Cross lifeguard training courses Taught Water Exercise classes on a weekly basis
Provided, suggestions to the.facility management' for new programs and activities.to stait at our. facility Lifeguard October 1016 _ May 2017
YMCA at Palm Desert Aquotic:Center Palm Desert; L4
Ensured a safe environment for members and participants; that entered the facility by preventing dangerous situations through enforcing policies and procedures,:, Worked as a team to setup pools in a.tirriely manner according to the daily schedule Kept the facility neat,:clean and well organized
Swim Instructor :. September 2016- May 2017
Desert Recreation District —Aquatics, Ready Set Swim Progrem Desert Hot Springs, CA Provided a safe environment for. students ages 1- 1 Ito develop a level of comfort in the water, .

Helped students to progress to the. next level from their current swim ming. capacity Taught each -student safety skills for when they are in and around water Trained and gave feedback to instructors as necessary
Assistant Pool Manager Seasonal May 2015 - May 2017
Al! Desert Aquatics, Inc. of IA/ ardman Park Pool Desert Hot Springs, CA Recorded and analyzed :finances to ensure that the programs were sustainable Worked. in partnership with the. Aquatics Director to analyze and improve weekly, monthly, and. seasonal statistics regarding patron and: financial goals
Successfully supervised '2 facilities and our lifeguard team byorganizing schedules, providing.customer service and ensuring. that the needs of the community and our. employees were met Projected costs to plan forsucceeding years
Asked for and applied feedback from employees and:patrons to improve the experience at each facility CERTIFICATIONS:

American Red Cross lifeguarding/ CPR/ AEq/ First Aid/ Bloodborne. Pathogens/ Administering Emergency Oxygen:
4 American Red Cross Water Safety Instructor
Appendix: Page l 9
369
ONTRACT NO. C36620
American Red Cross Lifeguard Instructor
American Red Cross First Aid for Public Safety Personnel ( Title 22) REFERENCES:

Rene Hickey info (M renesaouatics. com
All Desert Aquatics, Inc. —Aquatics Director
Bob Bell bellbob( @hotmaii. com
Ecclesiastical Leader
Kyle Pleming ki) lemins( a?drd. us. com
Desert Recreation District — Aquatics Director
Leslie Greasby beach babv6UDgmail. com
Coachella Valley Unified School District — Lifeguard
Juba[ Lotze iuballotze( ftmail. com
Director ofInstitutes
American
J Red Cross
Certificate of Completion
Cassidy Hadden
has Scant rr cm+tdatad req W= W nh tar
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Appendix Page 110
370
jNTRACT NO: C36620'
Kath.enne-FL0renz-:-:
44z79. Corfu Court • Palm Desert, CA Ilorenz@dc. rr.corn • 025. 200. 0310 .

EDUCATION;
High School Diploma Graduation Date:: June 1970
Menlo -Atherton High School . Atherton,. CA
EXPERIENCE:

Administration/ Concessions Supervisor September 2fl11— Present .

Family YMC4 ofthe Desert Palm Desert, CA
Use computers for various applications, such as database management and: word: processing.

Previously performed:,payroll functions, such as maintaining timekeeping information; processing and submitting. payroll.

Answerr telephones and give information to callers, take messages, or transfer calls to appropriate individuals.

Collect and deposit money into accounts.. Process invoices and purchase orders; keep records, and ensure accounts are balanced_
Operate office equipment, such as fax machines, copiers,. or phorie systems and arrange- forrepairs with . equipment malfunctions. Greet -
visitors or callers, and handle their inquires or direct them to the -appropriate persons according totheir needs Complete
forms inaccordance with:company procedures., Schedule
concession staff And confirm state/local regulations andhealth: standards are met and safety procedures are.followed. Coordinate
meetings'or sp scial events; suchas luncheons orYMCA board meetings. Conduct searches tofind nseded information, using such -sources as the interneL Establish. work procedures or schedules and keep trackof daily work of clerical staff,... order and dispense supplies Prepare
conference or event materials, such as flyersorinvitations. Store Merchandiser -March 2006 — December 2011 - latent
Strategic Merchandising, Pleasanton, CA: . Develop
ideas for merchandise displays toincrease sales: . Maintain store inventory, inspection product for imperfections, replacing damaged merchandise when. necessary.

Process
new orders toreplenish and maintain inventory levels..:: Develop relations with store management. Payroll -
and Office Administrator January 199S — January 2006 . Hallmark Personnel .. - Palo Alto, _C4 Perform
payroll functions, such as maintaining timekeeping information andprocessing andsubmitting. payroll. AnSW2r telephones and.give information tocallers, take -messages, ortransfer calls toappropriate individuals. Collect anddeposit: rnoney intoaccounts,:disburse funds from cash: accounts topay bills orinvoices, keep records of collections and disbursements, and ensure accounts are balanced: Create,:
maintain, and enter information into databases: Setup
and manage. paperwork filing systems, recording information, updating paperwork; or maintaining _ documents, such as attendance records, correspondence, or other material. PP A - endix Page 11
371
CONTRACT NO. C36620
Complete forms in accordance with company procedures.
0 Review work done by others to check for accuracy and ensure that company format policies are followed, and recommend revisions.

Prepare and mail checks
Order and dispense supplies
SKILLS AND CERTIFICATIONS:

Troubleshooting • Food and -Merchandise Purchasing
Accounts Payable and receivable • Staff Supervision
a Customer Service • English Language
Self -Motivator • Riverside County Food Handler Certificate e Operation and Inventory Control
PROFESSIONAL SUMMARY:

Accomplished and energetic Administrator. Motivated with strong organizational and prioritization abilities. Areas of expertise include Customer Service, Inventory Control, and Maintaining Cash Handling Policies and Procedures.

REFERENCES:

Carol ( Boeddiker) Marx
707. 812. 3796
Tom Boeddiker
650. 867. 5449
Karen Creasey
760. 2i8. 3640
tlr. 1:,,,
i
1:

I
W t4ll t' lny.ljp.w; vl' j IIYY•1' Cctefl S»,. n' r, rt x; s. w,:r+v.ldf.. ft Katherine Lorenz
4mu x+.lPlwr)+iY1 la.. 11• uaknn J. n.+ i>., r.+n; a. n• 1...,. I1+ q" - y
r 4 fntt. rk+: «. . rti+• i rr ussn
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Appendix Page 112
J. _ _ . _ ... _-.........- ........._
372
TRACT NO. C36620
Project Staff. Organization. Chart
Project Manager
Family YMCA of the Desert David Keyes Family YMCA ofthe Desert Director of Finance Will oversee all -expertise
HR Director
Vanessa Walker managers/ supervisors, marketing, — Alisa Williams Red Crass certifications, safety.
policies, front ;desk, security, and
operations ofthe facility _ • .

Maintenance
j
1 Program Manager Lifeguard. Administration &
Supervisor Supervisor Concessions
Alexandria Espinosa
Supervisor
Mike Marshall Cassidy Hadden
Will oversee all Katherine Lorenz
Will oversee all programs, facility Will oversee all
maintenance and rentals, training of lifeguards lifeguard Will oversee all overall cleanliness swim instructors, traing, and merchandise, of Lhe facility and schedule ofthe lifeguard inventory,. and facility recrukinent concession. oneration
Maintenance Swim Front Desk Staff Lead Concession
Lifeguards Staff
Janitorial Fitness Security Guard(s) &
Staff Instructors Lifeguards
Appendix.Page j 13:
373
CONTRACT NO. C36620
Water Slide( s)/ Pool Inspection
Daily Operation
Date: Technician:

BEFORE SLIDES ARE TURNED'ON:

Test " e" Stop for Proper Operation
Clean and remove any trash or debris on stairs and
platform I .

Visually and Physically inspect stairway, ramps and tower structure for any lose bolts, joint movement, stair cracking, loose or missing caulk, and any other unsafe structural issues. Record and report any findings to proper
maintenance personnel
Walk/crawl both slides with bare feet. Check for debris or obstructions, chips or cracks, bubbles on slide surface, rough seems, and slide joints missing caulk material.

Verify rubber guard over lip of closed slide entr6tice
Check all signage intact and not faded ( height, n,les, occupancy, weight requirements)
48" Height requirement ruler on base of stairs and top
platform
Check swimming pool water levels
Check and Record Recreation Pool water sample, record in lop book -
Verify Location of all related safety equipment
Backboard, Life Ring and Hook),
Inspect and verify pool drains intact and not loose -
Lifeguard required in water with bare feet

AFTER SLIDES ARE TURNED
ON:

Check and record slide flowmeters - Blue/ Open:

Report any leaks in plumbing slide joints
Report any unsafe conditions to supervisor
Air Horn and Rescue Tube to top of slides guard station Appendix Page 114
374
wNTRACT NO.. C36620
Weekly Cleaning Duties Check list ElG tnicials
cx.-•,.rrA-4 Mor Trams Wed Thers Fri Sat" Go -
IC Trash .

I A Rtstock
C Toilets
l .

Id Maroc-.... ..

I M Swetp "
O Spider Wcb. l
t
C kove
IC S:. LICI:: w. T•ll: ..

I
a.uthwKitow"
IC' Trash
A Restock .. t
C Toilets.:.:. I
C . Mirror: 1
C Sink:
t
I
tM Sweep.....
t M Brush White Tilt-. 1
E O Spider Webs
1 I C" Ross . -
IC a.. i•i. ua:. lrs.+i.
r..... a....• .•.. 1
C Trash
1 IA Rtaock.." j
IC Toilets t .

IC Mirrors
C Sinks "
Am Swetp .

I M :. Brush WhiteTilts

1. O Spider Webs 1
IC Rosc
t '
Deck
t
t
10' Trash Can:
j A Trash Pickup t
10 WinkintrawA44. i
1 10 wa....p..: J. o. q, I"
Appendix Page15
375
CONTRACT NO. C36620
Weekly Cleaning Duties Check List LLG Initial.
i CA r.. Mora Ttes hied Tksrs Fri Sat Son
10 Chair. E
j M Tables
l
0 Spider Web:
c
f
101m Hose
1 M. Ir:•... l..w 1
l01H Tca. h
t
1404 R&rtack94%hraun E
101H Sweep Bathroom j
o1H Toilet I
101H Sink, l
i o! H Mirror
1 I
S
10 Vacuum Carpet E
10 Chau:: 1
1 0
Table:
t
10 Windows ( ln; idcj I
E
1 Parlcirq Lot
t
1 A Trash Can E
j 0 Windows I
G A
Trash Pick- up
I
i
I M Sweep Entryway
j M Hose Entryway i
10 c... nt. t. c.........

I
O......... l
j A
tFirrt Aij Reams
Tn. h
1 A Ft" tachSsthroom
t
I A QrlOnir B tArtaam I
A Sink 1
I A
Toilet 1
A Sweep
1 A Table.

A RCfriCerator E
1 1 A Chairs 1
j A Lockcra
I A Laundry
I A Oraani: e Room
t
I
A tt:. t.. li.taus.s..
t
Appendix Page 116
376
ATRACT NO. C36620
Facility User/Staff Checldist
Facility: Date: .

Group: Arrival Time.

Pre -use. Inspection:, Building is O.K.

Customer' s Signature/ PDAC Staff Signature
Pre -use Comments:

Set- up ofthe:facility ( staff)
Vacuum multi -use room floor (staff)
Wipe down multi -use room restroom (staff)
Empty trash bags into dumpster ( staff)'
Clean multi -use room windows. ( stall)
Put. away tables and chairs (staff)
Tables: wipe clean ( customer)
Chairs: wipe clean ( customer)
Straighten furniture ( customer)
Pick up trash ( customer)
Bag and trash set outside door (customer)
Clean counters and appliances ( customer)
Remove string, tape and covers from walls, chairs, tables and deck ( customer) Verify there are no nails, tacks, or push pins in multi -use room walls Icustomer%staff} No.Mul .- use room carpet. stains ( customer/ staff)
Post -Use Inspection: - Departure Time:

PDAC. Staff Signature: .

Customer Signature; .

Post -use Comments:

Appendix Page 1' 17
377
CONTRACT NO. C36620

EVACUATION ROUTES
Evacuation route maps have been posted in each work area: The following information is marked on the evacuation maps:

I. Emergency exits

2. Primary and secondary evacuation routes

3. Location of fire extinguishers

4. Location of AED

5. Assembly points

6. Site personnel should know at least two evacuation routes. cPrcofPQlM Dmw
Chic center
Aquatte Canter
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1 LLJ
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f
n •- .= k"_= G 3: s•9 ii @x r= & C 3 51:.;:-_. u.; 7a°,.. i-t uHp+ Aw ana l of ; S r+Hinp e, i•.re
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Appendix Page 118
378
379
CONTRACT NO. C31
CYNIC Palm Desert Aquatics
Fecal Incident response Log.

Person Conducting contamination Response
Supervisor on Duty
Date ( mmfd.4fyM) of Incident Response
Tame of Incident Response
Water Feature or Area Contaminated
Type/ Form of Contamination -in Water:

Fecal Iricident ( Formed Stop! or Diarrhea), Vomit,
plood
Tune that Water Feature was Closed
Stabs ter Used in Water Feat are (Yes/ nho)
Water Ruaft Measurements
1 2 1d a
Free Residual Chlorine
1-4 are measurements spread evenly thru the
closure tone).

PH
11-4 are measurements spread evenly thru the
cioaure tirnej
Date ( mm/ AWMW that Water Feature was
Reopened'
Tune that Water Feature was Reopened
Total Contact Time
Time from when dishfeaart reached desired level
to when disinfectant levels were reduced prior to
opeft)
Remedation Procedure( S) Used and
Camments/ ivotes
Appendix Page 120
380
381
CONTRACT NO. C36620
Name:

Date:

Training Time:

Annual Pool Tarn Training
am/pm TO
Title:
am/ pm
Staff Member use only -
I, , have become familiar with the operations ofthe tarp reels. I am confident in my knowledge concerning tarping and un-tarping the pools, covering the tarp reel, using the hand cranks, anchoring the reel with the safety stop, and having demonstrated this to my supervisor. I have properly demonstrated tarping procedures under my supervisor' s supervision and will maintain all the rules from here forth.

Tarp Supervisor use only below -
I, , do affirm that this employee has been visibly observed to have the ability to properly tarp on all pools. This employee has demonstrated the ability, knowledge, and confidence to rve tarps in accordance with the Palm Desert Aquatic Center operating procedures and is authorized to tarp the pools.

Supervisor Signature: Date:

Un-Tarp Supervisor use only belowi, , do affirm that this employee has been visibly observed to have the ability to properly un-tarp all pools. This employee has demonstrated the ability, knowledge, and confidence to use tarps in accordance with the Palm Desert Aquatic Center operating procedures and is authorized to un-tarp the pools.

Supervisor Signature: Date:

Appendix Page 122
382
qql
ATRACT NO.. C36620
Swim Tests
Here at the:Palrn Desert aquatics center we conduct swim tests for anyone under' the age of 18 wanting to swim in the deep water or use the: diving boards.: Any lifeguard may conduct a swan test. -On busy. days; the swim tests are often conducted by a lifeguard or a supervisor. in order to accommodate large groups at one time.

Frequently asked Questions

1. Who may take a swim test?
Any person under the age of 18 years old needs to take a swim test to swim in the deep_ water or use the diving boards:

2.. Do I need 'a swim test ifI want to go off ofthe diving boards? Yes; if you are under the age of 18.. .

3. Do 'I need a swim test ifI and 32 and want to go off ofthe diving boards? No::

4. Do I need: a swim test to swim in.the shallow end ofthe big pool? = No:

5. Can aaifeguard ask a customer to re -take a swim: test ev ,n ifthe lifeguard knows they were here before? .

Y S.

6. What is the swim test?
A lifeguard may use any section ofthe pool to conduct a swim test. The test needs to include swimming 'the equivalent of 20yds; any type of stroke except. backstroke.: The person may swim with or without their face inthe water: After completing. the swim portion; treading water. for 30 seconds in required. Ifthey complete both tasks, they: have. passed the swim test.

7. What happens after they pass the swim test?
Ln'u illcgu3rd, Whu. cund, uUtcd Ulu Swim lust" Will 1ssuu u b m= d lUC Ll1C SW1111111C17 LU WUM throughout the. day.
8: Do I need to take :the swim test to go on:the water slides? No, but swimming ability is expected and 48" height, is required

9. Can I doggie: paddle and pass the swim test?
Appendix Page 23
383
CONTRACT NO. C36620
It is up to the lifeguard conducting the test to determine ifthe swimmer is strong enough to be safe in deep water.

10. When is, the swim test conducted?
On a busy day, swim tests are conducted on a regular schedule such as every 15 minutes, or every hour. However, a lifeguard may provide good customer service by offering a swim test at any time they are available to do so.

11. What if a customer does not pass the swim test?
They are not given a bracelet so they must swim in the shallow areas. They may try again at a future time.

Appendix Page 124
384
wNTRACT NO. C36620:

PDAC Facility Use/Rental Rules
USERS agree to abide by and help enforce the following rules:

1. No alcohol and no -smoking allowed on the premises or in parking lot.: .

2. No outside. food, drinks ( with the, exception of bottled water), coolers; drugs,. alcohol or glass containers are allowed within the facility.

3. The service- or sale of food, or. refreshment. will not -be permitted .on PDAC property except. by written permission and with the acquisition ofappropriate Health Code Permits.

4. - Minimum, rental. usage of -lanes shall be. no less than one( 1) hour:

5. A guest: list must be provided to the PDAC front desk and kept current by USER..

6. Except for certified service dogs; animals are not permitted:

7. No structures, electrical: modifications, mechanical apparatus, :or- any staples, nails, screws, or, other similar. devices may be erected on, installed on, or attached to aquatic center property.

8. Building and(or pool deck must be: left cleaned, free of debris, and ready for. next user within rental time. This means. that the clean- up must begin ten minutes before_ the time that the arm is to be vacated.

9. All equipment must be returned to its proper place:

10. Throwing objects such as balls or other items is not allowed outside ofsupervised activities.

11. ' CONTRACTOR or PDAC property is not,to,be removed from the premises.

12. USERS/Guests are: not -allowed to traffic :in and out of the facility, without getting a hand. stamp from the. front desk. .

13. CONTRACTOR/ CITY reserves the right to cancel any scheduled events without prior notice.

14.. USER may provi& locked cage #o' store limited team" equipment within cage in facility storage units upon management approval.

15.: The CONTRACTOR/ CITY is not responsible for lost or stolen items or damage. to property.

16. Cancellations due to weather condition will be solely determined by the PDAC staff. In the event.ofan electrical storm,, or lighting sighted, it is mandatory that an event besuspended and all f people cleared from the pools for a ofin' mum ofA minutes. 17: USER may. not enter rented facility _sF ace until the time. stated 'in this agreement. and must exit lanes at, the end time stated on: this agreement. USER: will be. eharged to the next half hour ifthey over exceed their booked facility space by 10.minutes.
is. Coaches must be on the grounds before participants enter the water.

19. IfUSER intends to utilize rented space for anything other.than what is listed.in this. contract; the CONTRACTOR' S consent isxequired:

20. Any and all USER coaches/ referees/ ins tructors/leade.rsmust- hold appropriate certifications . . . accordine tocurrent industry standards. . 21:

Any and all.USER' coaches/ refereestinstructors/ leaders must be listed on this. form.. . 22.

All events must end by . closing unless written, . prior. approval . is: received by . CONTRACTOR/ CITY. . 23.

In the event that USER must terminate USER'scontract, USER must notify CONTRACTOR in writing thirty 30y days riot p _- _.. .... _. . 24. to. the cancellation date.. - .. - irty USER must follow all pool rules. " d
ix Appen Page j 25
385
CONTRACT NO. C36620
PDA.0 Facility Use/ Rental Requirements
USERS agree to abide by the following space navment requirements:

1. USERS renting the facility on a consistent basis will be required to pay the full monthly rent by the 1" of each month or by the date on the current invoice for the current month use.

2. Nonpayment may be sent to collections and may result in denial of subsequent applications for all future use of any PDAC facilities.

3. Ifthe full monthly rent or any other charges are not received by the CONTRACTOR on or before 5 business days after the full monthly rent due date, the USER must pay a $ 50. 00 late fee in addition to the full monthly rent.

4. All payments must be received by the 50' business day of the immediate month following use.

Note: ifthe payment is late on or before the 5 h business day of the month the late fee will be charged.

5. A $150. 00 security deposit is required upon acceptance by Contractor ofthis Facility Use Agreement to rent facilities. This deposit can be applied towards the first month' s rent ( if long term agreement is accepted) or be returned to USER within 2 working weeks following event providing no damage to property was incurred. Under certain approved circumstances, CONTRACTOR may waive the deposit.

6. Sub -letting of any and all space to any club or organization other than the USER appearing on this agreement is strictly prohibited.

7. Any facility space booked after hours may be subject to increased rates.

8. A 30 day advanced notice is required for termination of this contract. The last month' s rent payment will be expected to be paid in ful

9. A 24 hour notice for lane or use additions and/ or cancellations is required. If a 24 hour cancellation notice is not given the USER will be charged for Ianes and/or use booked for that day. Contracts can be initiated with 24 hour notice, provided there is space available and all contract requirements are met, with an additional charge of three times the regular rental fee.

10. The accepted forms of payment are: Cash, Check*, Visa, MasterCard or American Express.

Payments must be made at the Palm Desert Aquatic Center or mailed to The Family YMCA of the Desert Attn. Palm Desert Aquatic Center. 43930 San Pablo Drive Palm Desert CA, 92260

11. Return checks will incur a $ 50. 00 fee.

12. USER 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, including without limitation, blanket contractual liability. CONTRACTOR & CITY, their officers, officials, agents, and employees shall be included as insured on the policy. USER shall file certificates of such insurance with the CONTRACTOR/ CITY which shall be endorsed to provide thirty ( 30) days' notice to the CONTRACTOR/ CITY of cancellation or any change of coverage or limits. If a copy of the insurance certificate is not on file prior to the event, CONTRACTOR/ CITY may deny access to the facility. USER shall report any personal injuries or property damage arising at any time during and/ or arising out of or in any way connected with USER' s use or occupancy of the CONTRACTOR/ CITY facilities and adjoining property to the CONTRACTOR Manager or his/ her designee, in writing and as soon as practicable.

Appendix Page 126
386
387
CONTRACT NO. C36620

PALM DESERT
AQ00CENTER
CODE OF CONDUCE':

The Palm Desert Aquatic Center ( PDAC) is owned by the city of Palm Desert, but the day- today management of the PDAC is operated by the Family YMCA of the Desert ( YMCA). The City of Palm Desert provides the daily Admission Fee structure, the direction to bring in outside groups and teams, the finances to operate the facility, and input on some policy issues. The YMCA staff is in charge of setting operational policies and procedures, rules and regulations, and providing oversight of safety and use. Program fees ( differing from daily Admission Fees) are set by the YMCA in consultation with the City ofPalm Desert.

While on the deck of the PDAC, all patrons renting facility space must adhere to the following Code of Conduct:

1. The PDAC encourages an atmosphere of working together with mutual respect between staff and all patrons. We expect all patrons and staff member' s to treat each other professionally, based on mutual respect, trust, and individual dignity.

2. It must be viewed to be a privilege to use or work at the Aquatic Center. Failure to utilize or work at the facility professionally, or discuss issues professionally can result in dismissal from the PDAC.

3. Bullying will not to be tolerated in any form. (as defined by USA Swimming)

4. Aggressive and/ or abusive behavior and/ or profanity is not permitted.

5. The Aquatic Manager or her/his designee has complete authority to' close: the pool if safety is a cc nCem or for the following reasons: I
Water L-inperature
Unsafe Weather Conditions
Water quality
Structural, equipment failure, or maintenance requirements Full facility rental or special program use warranting a closure

6. The Aquatic Manager or her/his designee will make concerted efforts to communicate pool schedules, maintenance issues, and pertinent information to coaches and patrons.

PIease direct all concerns and/ or questions to the Aquatic Manager.

7. For all user groups that are coached: Coaches must sign in at the front desk upon arrival.

All subsequent program users are also required to check -in at the front desk upon arrival.

8. Swimmers with a group/team swimming in rented space are not allowed to enter the water until a coach is present on deck.

9. All program coaches must sign off on Lane Use Sheet following program use.

10. AlI patrons must comply with facility rules, policies, and procedures at all times.

11. All user groups are expected to be considerate and clean up after use while at the PDAC.

12. In the interest of swimmer safety, coaches and patrons must refrain from engaging in conversation with or distracting lifeguards while they are on duty.

13. It is expected that all coaches, staff, and users give and distribute accurate and true information regarding the PDAC facility, the users of the facility and the use of the facility.

Appendix Page 128
388
389
CONTRACT NO. C36620
S Zarr3- Recreational Pool
s
MOD par lane per hour 25 yard short course r_5 yards)
SS5. 04p• 3_ r.- tS 110. 00p I: r a. far slides
SSOAOp^ hc" 15105. 40p. hr •- for 25 card shcn eouae lase rase all five leas) - ith Zero depthpoal ( does not izcada therapy." catch pool)
For use of the entire recreational poolsrith slides:
5155, 00p, -.- I SIS0. 00p:$ f.g" for less fan 50
SIS0, 00p?=."/ 5' OS. 00p hr,-' ior51- 75
5205, 00P hr." 1 S230. 00p>lm" for 76- 100
S230. 00p1r.' I S255. 00p:Im - for I01-125
Please esll for groups larger rhea M people
Gtrteral Pool lnfarrnacion
The two slides errs be tuod s: iththis pool
one dosed tabs slide and one open uba slide)
Pool nzW besu3 v: three : gwrare: ecnon«
zero dapth emtr•• madiagpool (* pieally used for disability class and, sent- chu classes) One there, ypool ( tppieallyu. sed for thefspy and aerobics ezerc°ses) 5) 25 nerd shortcotrsa lma typically- used car lap
s ; m
Pool typicsl-% operates st a teraparaure of S4 degree .

Splash Playground:

SSO. Obp•iu."IS10500phr!"- - - ..
lbrtist:3oc
w ....-
50 Meter Commtita- e Pool_
SS. 0opeflanepeshourshottcotxst
25 yards, non- exclusive pool tie)
S10. 00par1meporhour 1=3eebutsa 50
meters, non-=clusa apoaIusa) Exclusive
sue of the shalIotr sacdou: 535.
00p lm-15d5, 00p, iss,-" aclusire
use of the diving boards: Ss0.
00p..,hr.• 15105A4p is" Exdusire
use of the entire 30 meter competition pool without
diving boards or:tasting blocks: 330A0p
Ir.' 1 S430. 00p:'hr,"' Exclusive
use of the entire 50 meter competition pool with
diving boards and/orstartingbloclm S3
SO. 00p > r II 1 S505. 00p:•l:r,— GenrralPoofInfo
nna&n PoolasaFbetut- wed
meter toe; course lanes
into (16)
Poolhears)
25yatdshortcaoaelanasor
Imeter
3) 30
diving bot:dsand fr)3soeterdiving boards Pool is
3`
6" to 4* 6" at the shalo= and ird pro grass a sto15' 6" at+ e dmpast end, PooI rpiealk operates
atatempem- are of 81degrees m P&M
parr Fc dtr= F "ti orrP. c' d0-- FallFacs7itti Rental
S600. 00phrg.S50.
00pir•— .... i .. - Full facility rental
includes recreatknpool, 10mpool, di - tngboards, aatersides, splashpis piAud,tochirvems, and multiuse loom.

Full tads-t_•
r-muls are msde by faquest, and stproval must b-33ntad. A minimmn oft
hours mostberented. Home Team Swim
Aleet Rental Rates Home team meet
fee is S2600. 00 for theda;•. This includes 4 lifeguards, l 1Lmapr on Duty gi:t Supervisor, I Front Desk staff Fraagir:
ma aerczarnentreses
the right to
qtlSe attritional lifeguards at S20) per hr.
iP'?P: De:at
A.
a: idsr_• u 1'o,t? ::: dam.: Appendix Page 130
390
391
CONTRACT NO. C36620
ti
January 13th
CAP ( review/ first
time)
Chapter 10 - First Aid
Extrications w/CPR
May 12th
Chapter 11 -
Caring for Head, Neck
Spinal Injuries
Scanning Drills/ Zone
Coverage
Spinal
July 28th
Chapter 9 -
Cardiac Emergencies
CPR Practice
2018 In -Service Training Schedule
February 10th March 10th
Chapter 3 - Chapter 9 -
Surveillance and
Recognition Cardiac Emergencies
Spinal
May Z6th
Chapter I --
The Professional
Lifeguard
Chapter 7 -
Before Providing
Care
and Victim
Ass ssment
S
Rp1 Policy
Enfo
st
ent
Aug8th
Water Polo Set- up
Paper Plate Awards
Weather Reminder
November 10th
Chapter 9 -
Cardiac Emergencies
Extrications w/CPR
SWIM fully clothed
Rule/ Policy Enforcement
SWIM
June 14th
All Staff In -Service
CAP (first time)
EAP drills w/ Front Desk
Staff
Attendance Policy/ Calling
Out
September 15th
Chapter 3 -
Surveillance and
Recognition
Stroke/ Heart Attack
SWIM -
December 15th
Chapter 1 -
The Professional
Lifeguard
Chapter 8 -
Breathing Emergencies
Conscious and
Unconscious Choking
SWIM
April 14th
Chapter 2 -
Facility Safety
Reports and
Forms
Fecal
Contamination
Simple Active
Rescues
July 14th
Chapter 4 -
Injury Prevention
Chapter 10 - First
Aid
Policies and
Procedures
SWIM
October 13th
Tarp Training
Appendix Page 132
392
uoNTRACT NO. C38820.
j % tkmM9kthRa rtA+ yca r |
Y.
t
r
j--... __
j \
j _ tj
Appendix Page 133
393
CONTRACT NO. C36620
m
Tue Feb 6 5: 30am — 7: 00am
8: 15am — 9: 15am
8: 50am — 9: 45am
10: 00am— 10: 45am
11: 00am — 4: OOpm
3: 15pm — 5: 45pm
3: 30pm — 5: 00pm
4: OOpm — 5: 00pm
4: 00pm — 5: 00pm
5: 00pm — 6: 00pm
5: 00pm — 6: 00pm
6: OOpm — 6: 30pm
6: 00pm — 7: OOpm
6: 15pm — 7: 00pm
Wed Feb 7 5: 30am — 6: 30am
8: 00am— 10: 00arn
9: 00am — 9: 45am
10: 50am — 11: 45am
1 1: OOam— 12: 00pm
11: 00am— 1: OOprn
3: OOpm — 5: 00pm
3: 15pm — 5: 45pm
3: 30pm — 4: 30pm
4: OOpm — 6: OOpm
5: 00pm — 6: 00pm
6: 00pm — 7: 30pm
6: 00pm — 8: 00pm
6: 30pm — 7: 30pm
7: 00prn — 8: 00pin
D Piranhas - Lap Pool Lanes 6- 8 17 0
G, Restorative Yoga - Multi -Use Room 0 n
O Deep Water Exercise - Lap Pool Lanes 12- 16 0 ,a
z7j Arthritis Water Exercise - Rec. Pool 0 P
T Desert Swim Academy - Rec. Pool Lane 5 0 P
G Xavier Water Polo - Lap Pool Lanes 9-16 0 Q
D PDSC - Lap Pool Lanes 1- 8 0 d0
G PDSC - Rec. Pool Lanes 1- 3 0 9
D Desert Swim Academy - Rec. Pool Lanes 4 0 ,Q
t71PDSC - Lap Pool Lanes 1- 6 0 4
E. Desert Swim Academy - Rec. Pool Lane 5 0
D PDSC - Lap Pool Lanes 3- 6 0 a
DTrtions - Lap Pool Lanes 9 & 10 0 .0
Q Shallow Water Exercise - Shallow End & Lanes 1 & 2 0 P C Tritons - Lap Pool lanes 7 & 8 0 LP
r' Tritons - Lap Pool Lane 3 G .0
E Shallow Water Bootcamp - Rec. Poo 0
D Deep Water Boot Camp - Lap Pooj Lanes 12- 16 0 n
E PDAC Masters - Lap Pool Lanes 6- 8 13 0
7ij Management Meeting - Multi -Use Ro ) m 0 0
E PDSC - Lap Pool Lanes 1- 6 0 0
G, Xavier Water Polo - Lap Pool Lanes 10-16 0 0
G> PDAC Rec. Swim Team - Lap Pool Lanes 7- 9 13 40
PDSC = Lap Pool Shallow End Lane A 19 p
T PDSC - Lap Pool Lanes 1- 8 0 io
E! Piranhas - Lap Pool Lanes 1 & 2 0 a
C! Scorpions Water Polo - Lap Pool Lanes 7- 16 0 P
C- Piranhas - Lap Pool Lanes 3- 6 a 4
r Tritons - Lap Pool Lane 4 0 :g
Appendix Page 134
394
ITRACT NO.. C3662Q,
SoMeterpool
t. l. ndt=f -0i21t6
Tithe
Lan"
s. n:. t 2 3 4 5 6 71 . 8 S I 10 1 lI ! fl. A: 13 1 K I K I i6 sm Lap Lap Lap : Lap Lap Lap Tritons.: 6:
00 Sri Sri Sri Sul Sri Sri 5: 30- 6-.30 6:
30LC:: m .. : m-' m m m m Lap i Lap Meaux
LC LC LC Lc LC Sri 1 Sri 7.
30 Turning M b 8:
00 Open
I
COD 8:00- 8:15 LapLap Lap Lap HO: Sr Sri Sri Ste! 30aft In, m m in COD *
30- 10: 45 Se -
r a,»' Up for Diving n
Deep Water Boot Camp. 11:00- PDAC .: La' pLap Lap Lap Sri Sri Sri uM..

IL' 45 USMS . Sri m
m m Tritons
In
Lap
Diving Buatds 17:00- A
Lap;: :.:. Lap Lip Lap.: Lap Site 3 bb 130
in Sri Lap Lap Sri Sri Sri Sri ' m . 20Qpn
In Sri Sri. m m In ni 2
n m M. 00
8 pDSC
330 5 0 n..
s.. t.r... a: ae as• Lap Xavier Swim Team 3:15- 4:45 4. 30 ' r ooe 1 one Lap Lap Sri
50 a
p- S 046 00 Sri
I m Sri
Lap Lap. L L L4I5 Iv
m S J m Sri Sri Sul fi'
pirarF.' s P; sC6: l)%h8: 3 6
A
o: fSQ•.: c30 Lap Lap L. lp a
7 Sri Sri Sri. Twit.' T3
Sri Sri m m m otls 8D
o sho" 1 I 2 3 4 5 6 7 1 8 : 1 9 1 10 1 11 1 12 1: 73 1 14 1 15 1 1S Alec Pacl/7.lultiuse Room Moreday.
412l18:. Time
Lanels
Time 3
1 4 :- 1 5 ZeroDpth Catch PoolS 451%Pool Slides MuMuseRoom 5:
30am Sc30am 6:

OOam 6
Oam ` f
6:
30arti 6: 30am ' . _ . 7:

OOart Closed 700am 7:
30am Open. 7. 30am8:
00am Clow d Closed : Closed atoam 8:
30am- 9:

OOam Shallow Hater Boot Camp 9:00- 9: 00ain 430atti
9e45 9: 30am . . 11MOam
Closed dvMSite
tOi, Wtn tlr
wm akers Ioay. 1La0am
AlTS : 1L603m
1L30am
IP. SOamt200oe
m 1t
m 10opm
Lap Lap'. Lap Up Open m
k30pm
Srim Swim Swim Swim Lap m pp
Sxim 2 00230pm..

Open..:- Closed . Clow Open3o m3:

OOpm gyp
m 4:
30pm Youth Swim Lessons;:OQ- YSL.

Youth Swito
4' W pMG.

ALTS Lesson m
Wopm'
s
Mom.

Lap SWAM . 630om
Swim I Swim. Swim Swim Swim 000m 7.
0opm 7:
30ott) 7• 8.
8: OOpm m Appendix

Page 135 ends

395
CONTRACT NO. C36620
Swim. Lesson Evaluation Form
Thank you forjoining the Palm Desert Aquatic Center this session we have enjoyed working with you and we hope to see you again!
Please fill out this evaluation of our program as we would love any feedback provided! Thank you and have a great day!
Participant Name:

Participant Class time:

Participant Class name ( Please circle):

Parent -child A B
Pre- school 1 2 3
Level 1 2 3 4 5 Rec.

Team
Instructor Name:

Date:

Did your child enjoy his/her instructor? (1, lowest, 10 highest) 1 2 3 4 5 6 7 8 9 10
Did your child' s swimming abilities improve while in the session? 1 2 3 4 5 6 7 8 9 10
Did your child enjoy this class?
1 2 3 4 5 6 7 8 9 10
Was the instructor on time and prepared for the lesson? 1 2 3 4 5 6 7 8 9 10
Would you return for another session? Yes No
Would you recommend this program to a friend? Yes No
Any additional comments:

Appendix Page 136
396
w VTRACT NO.' C3662q,' -
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CONTRACT NO. C36620
Fee Schedule:

General Admission
Adult ( 13- 59)
Palm Desert Resident - $ 4. 00
Non -Resident - $ 6. 00
Youth/ Senior ( 6- 12 & 60+)
Palm Desert Resident - $ 3. 00
Non -Resident - $ 4. 50 '
Junior (2- 5)
Palm Desert Resident - $ 2. 50
Non -Resident - $ 3. 75
Proerams
Water Exercise Drop -In
Palm Desert Resident - $ 6. 00
Non -Resident - $ 8. 00
Masters Swim Drop -In

10. 00
Restorative Yoga Drop -In

15. 00
Passes
Adult Punch Card 25
Palm Desert Resident - $ 94.00
Non -Resident - $ 142. 00
Youth/ Senior Punch Card 25
Palm Desert Resident - $ 65. 00
Non -Resident - $ 98. 00
Adult 3 Month Pass
Palm Desert Resident - $ 150. 00
Non -Resident - $ 225. 00
Youth/ Senior 3 Month Pass
Palm Desert Resident - $ 110. 00
Non -Resident - $ 165. 00
Adult Annual Pass
Palm Desert Resident - $ 550. 00
Non -Resident - $ 825. 00
Youth/ Senior Annual Pass
Palm Desert Resident - $ 420.00
Non -Resident -, $ 630. 00
Water Exercise Pass
Palm Desert Resident - $ 65. 00
Non -Resident -- $ 85. 00
Masters Monthly Pass
Adult - $ 50. 00
Student ( COD & CSUSB) - $ 40. 00
Fitness Pass
All Fitness Classes & Lap Swim)

99. 00
Group Swim Lessons
Palm Desert Resident - $ 60. 00
Non -Resident - $ 80. 00
Private Swim Lessons .
2 hr. Palm Desert Resident - $ 30.0(

2. hr. Non -Resident - $ 40. 00
Mr. Palm Desert Resident - $ 50. 00
Ihr. Non -Resident - $ 60. 00
Z hr. 1 Opk. Palm Desert Resident - $ 270. 00
z hr. lOpk. Non -Resident - $ 360. 00
Ihr. IOpk. Palm Desert Resident - $ 450. 00
1hr. I Opk. Non -Resident - $ 540. 00
Appendix Page 138
398
4TRACT NO. C36620
This page has intentionally been left blank.]
399
CONTRACT NO. C36620
Family YMCA of the Desert
Palm Desert Aquatic Center Cost Proposal. 2018. 2019
p. h es,,
Salaries Manager 65, 000 . Office Supplies. _ 3,000
Salaries Instructors 99, 948 Janitorial Expense 5, 900
f Salaries fife Guards 299, 713. Supplies First Aid 1, 000 j. Salaries Concession: 22, 870 Program Supplies 6, 514 Salaries Supervisor Programs 51,000 Concession Supplies 2, 500 Salaries LG: Supervisor 50,000 Food Expense 180500
Salaries Customer Service 80, 518 Beverage Expense 61500- Salaries Pool Admin 37, 622 Merchandise/ Soft Goods 7, 000 j Salaries Maintenance Supervisor 60, 000 Managers Cell Phone Expense 216 Salaries Maintenance/ Janitor 20055.0. Fingerprints/ Medical. Clearance 2,000.

Salaries_ Security. 10, 638 Maintenance & Repair Building 17, 200 Health Insurance 22, 500 Rental Equipment 1, 000
Retirement 21, 090 .. Other Special Event Expense 800".

Payroll Tax 61,0.36. - P/ R Marketing Expense 200
Unemployment Expense 19,946 Printing 900
Workers Comp Expense 39,893 Transportation Expense 425
Total Salaries 962,323 Training/ Conference : 3;500
Dues/ Organizational 175
Bank Charges 9, 085
Insurance Expense 21, 960
Miscellaneous Expense 700
Employment Promo/ Staff Appraisal 400 ,- -
e . e
Employee Uniform
IF
Expense
d
41800 .

Total Salaries 962, 323 Management U . 500.

Total Other Exp 279, 275, Administration ost 52 500
uses
Total Salaries/ Other Expense 1, 241,598 I Total Other Expenses 279, 275 400
VTRACT NO. C36620

25. P/ R Marketing —This has not always been needed but at times additional marketing is utilized.

26. Printing— Rack cards printed for the 3 seasons. '

27. Transportation — Reimbursement for staff that go out to pick up supplies, food, beverage or go to a meeting/ training.

28. Training/ Conference — Planning for Title 22 trainer certification, lifeguard instructor trainer certification, water safety instructor trainer certification, adult learn to swim instructor, and heat exchanger training.

29. Dues— Cost to renew Costco membership.

30. Bank Charges These are the fees for credit card services and bank activity fees.

31. Insurance Expense — This is an estimate based on prior year.

32. Miscellaneous —This line item is needed at times; therefore a small amount has been budgeted.

33. Employment Promo —This is to recognize employee of the month, and to reimburse items for employee meetings.

34. Employee Uniform —Uniform expense not only includes shirt and shorts but also items such as whistle, badge, rescue tube and hip pack.

35. Management & Administration — An analysis was completed based on number of hours that administration dedicates to PDAC for areas such as Human Resources and Finance.

Additionally costs for computer support; office supplies, audit costs, utilities and P/ R Marketing have been incorporated. Reflecting back to the original reimbursement amount set in 2013, a 25% increase is needed.
401
CONTRACT NO. C36620
TO: Johnny Terfehr
FROM: David Keyes — Aquatics Manager
Rob Ballew — Executive Director
Vanessa Walker— Director of Finance
2018- 2019 COST PROPOSAL NARRATIVE
SALARIES:

1. Manager — No increase added.

2. Instructors —This increase is due to state pay increases and additional private swim lessons that we plan an having.

3. Life Guards — Less staff are budgeted as a new Supervisor will take on additional duties, but due to pay increases this line item has increased.

4. Concessions — Only needed March — Sept. when concessions is open.

S. Supervisor Programs — Oversees all lane/ facility rentals, supervises swim and fitness instructors and completes trainings for staff.

6. Lifeguard Supervisor — Supervises all lifeguards and serves as back up for administration.

7. Customer Service — Only state pay increases were added; staffing stayed steady.

8. Pool Admin — Hourly full time position to complete deposit, oversee inventory and purchase food, beverage and retail items. Oversees concessions staff during season.

9. Maintenance Supervisor/ Janitor/ Security — This includes the Maintenance Supervisor with a needed increase, staff that clean the facility and security needed during season.

10. Health Insurance — This is an estim to based on prior year as new rates have not been completed.

11. Retirement — Retirement is only Ifo full time employees that have worked over 1, 000 hours in 2 consecutive years. They earn 1 % in retirement benefits.

12. Payroll Tax/ Unemployment— Calculated at current rates.

13. Workers Comp Expense — We have yet to receive updated rates. Budgeted based on prior year actuals.

OTHER EXPENSES:

14. Office Supplies — David feels that based on their current needs; this is accurate.

15. Janitorial — This is budgeted to only go up slightly.

16. First Aid — Expenses slightly higher due to needs.

17. Program Supplies —This is budgeted to only go up slightly as we would like to purchase new mannequins for the Red Cross/ Lifeguard Certification classes.

18. Concessions/ Food/ Beverage — Kept consistent to prior year.

19. Merchandise — This has gone up as there have been more need for kick boards, goggles and pull buoys.

20. Cell Phone — Budget amount decreased. Will only be needed to reimburse 25% of David' s phone.

21. Fingerprint/ Medical Clearance — Every new hire must be fingerprinted and TB tested.

22. Maintenance & Repair— Staying close to prior year actual.

23. Rental Equipment — This is for the purchase of fins, life vests, locks, kickboards, and life buoys. Purchases made in the spring and summer.

24. Other Special Event — Items purchased in the fall for Y Be Fit and in the spring for the Underwater Easter Egg Hunt.
402
ATRACT NO. C36620
0 FAMILY YMCA OF TIE DESERT
Financial Statements
Year ended June 30, 2017
With Independent Auditors' Report Thereon)
t
I
0 403
CONTRACT NO. C36620

FAMILY YMCA OF THE DESERT
Financial Statements
Year ended June 30, 2017

TABLE OF CONTENTS
Page
Independent Auditors' Report 1
Financial Statements:

Statement ofFinancial Position 3
Statement ofActivities 4
Statement of Functional Expenses 5
Statement of Cash Flows 7
Notes to the Financial Statements 8
Supplementary Information:

Schedule ofFederal and State Awards 20
Combining St itement ofFinancial Position 21
Combining Statement of Activities 22
Schedule of Expenditures by State Categories 23
Reconciliatiou of CDE and GAAP Expense Reporting 24
Schedule of Reimbursable Equipment Expenditures 25
Schedule of Reimbursable Renovation and Repair Expenditures 26 Schedule of Reimbursable Administrative Costs . 27
Audited Attendance and Fiscal Report for California State Preschool Program 28 Audited Reserve Account Activity Report 31
Notes to Supplementary Information 32
Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 33 Schedule of Findings and Questioned Costs 35
Status of Prior Year Audit Findings 36
I
404
ATRACT NO. C36620
c:) I DavisFa rr

CERTIFIED PUBLIC ACCOUNTANTS
Board Members
Family YMCA of the Desert
Palm Desert, California
Independent Auditors' Report
Report on the Financial Statements
Davis Farr LLP
2301 Dupont Drive i Suite 200 i mine, CA 92612
Main: 949.474.2020 1 Fax: 949.263.5520
We have audited the accompanying financial statements of the Family YMCA of the Desert, which comprise the statement of financial position as of June 30, 2017, and the related statements of activities, functional expenses and cash flows for the year then ended and related notes to the financial statements.

Management' s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation ofthese financial statements in accordance with accounting principles generally accepted in the United States of America; this . includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation offinancial statements that are free from material misstatement, whether due to fraud or error.

Auditors' Responsibility
Our responsibility is to express an opinion on th= financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General, of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity' s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity' s internal control.

Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.
405
CONTRACT NO. C36620
Opinion
In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Family YMCA of the Desert as of June 30, 2017 and the changes in its net assets and its cash flows for the year then ended, in conformity with accounting principles generally accepted in the United States of America.

Report on Summarized Comparative Information
We have previously audited the Family YMCA of the Desert 2016 financial statements, and we expressed an unmodified audit opinion on those audited financial statements in our report dated October 14, 2016. In our opinion, the summarized comparative information presented herein as of and for the year ended June 30, 2016 is consistent, in all material respects, with the audited financial statements from which it has been derived.
01her Matters
Supplementary Information
Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The accompanying supplementary information, as required by the California Department of Education, is presented for purposes of additional analysis and is not a required part of the consolidated financial statements. Such information is the responsibility ofmanagement and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and in conformity with the Guide for Auditing Child Development, Nutrition, andAdult Basic Education Programs issued by the California Department ofEducation. In our opinion, the information is fairly stated, in all material respects, in relation to the financial statements as a whole.

Other Reporting Requirements Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated September 11, 2017 on our consideration of the Family YMCA of the Desert' s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Family YMCA of the Desert' s internal control over financial reporting and compliance.

A 94-'t- aP
September 11, 2017
Irvine, California
406
ATRACT NO. C36620
Family YMCA ofthe Desert
Statement of Financial Position
June 30, 2017
with comparative totals as of June 30, 2016)
2017 2016
Assets
Cash and cash equivalents 3, 472, 054 3, 286, 939
Investments (note 3) 452, 925 451, 347
Unconditional promises to give ( note 4) 24, 164 73, 195 Accounts receivable 306, 893 365, 124
Prepaid expenses 33, 677 38, 549
Inventory 4, 546 4,485
Other assets ( note 4) 50, 085. 49,587
Buildings and equipment, net ( note 5 and 6) 317, 386 322, 208 Total assets 4, 661, 730 4,591, 434
Liabilities and Net Assets
Accounts payable 75, 114 169, 876
Accrued expenses 282, 518 302, 151
Agency funds - aquatic program (note 12) 249, 050 326, 362 Unearned revenue ( note 10) 128, 093 118, 670
Total liabilities 734, 775 917, 059
Net assets ( note 13):

Unrestricted:

Undesignated 2, 733, 441 2, 466, 983
Board designated 313, 156 353, 069
Total unrestricted net assets 3, 046, 597 2, 820, 052
Temporarily restricted 880, 358 854, 323
Permanently restricted
Total net assets 3, 926, 955 3, 674,375
Total liabilities and net assets 4, 661, 730 4, 591, 434 See accompanying notes to financial statements
3 407
CONTRACT NO. C36620
Family YMCA of the Desert
Statement ofActivities
Year, ended June 30, 2017
with comparative totals for the year ended June 30, 2016) Temporarily Permanently Totals
Unrestricted Restricted Restricted 2017 2016
Support and Revenue:

Contributions 903, 181 23, 000 - 926, 181 855, 198
Private foundation grants 411, 065 411, 065 452, 633
Government grants 361, 087 361, 087 226, 739
CDE childcare contracts and grants 1, 275, 827 1, 275, 827 1, 061, 891 ASES childcare contracts 2, 042, 266 2, 042, 266 2,004, 824 United way 45, 138 45, 138 43, 757
Special events, net ( note 15) 164, 564 164, 564 178, 902 Memberships 45, 223 45, 223 47, 943
Program services 2, 628, 447 2, 628, 447 2, 694, 483
Interest and dividends 6,241 3, 035 - 9, 276 7, 863
Other income 246 246 3, 124
Total support and revenues 7, 883, 285 26, 035 - 7, 909, 320 7, 577, 357 Expenses:

Program Services:

ASES child cane 2, 137, 475 2, 137, 475 2, 047, 993
State CDE preschool 1, 146, 853 1, 146, 853 979, 413
General child care 1, 318, 999 1, 318, 999 1, 339, 669
Aquatics 974,237 974, 237 861, 044
Other programs 1, 671, 590 1, 67I, 590 1, 617, 385
Total program services expenses 7, 249, 154 7,249, 154 6, 845, 504 Supporting services
Management and general 180, 422 180, 422 147, 941
Fundraising 227, 164 227, 164 188. 180
Total supporting services expenses 407, 586 407, 586 336, 121 Total expenses 7,656,740 7, 656. 740 7, 181, 625
Increase ( decrease) in net assets 226, 545 26,035 - 252, 580 395, 732 Net assets at beginning of year 2,820,052 854, 323 - 3, 674, 375 3, 278. 643 Net assets at end of year 3, 046, 597 880, 358 - 3.926.955 3, 674,375 See accompanying notes to financial statements
4 408
CONTRACT NO. C36620
Family YMCA ofthe Desert
Statement of Functional Expenses
Year ended June 30, 2017
with comparative information for the year ended June 30, 2016) Program Services
ASES State CAE General Other
Child Care Preschool Child Care Aquatics Programs
Salaries and wages 1, 417, 869 650, 070 679, 396 728, 149 749, 429 Audit and legal 14, 485 3, 223
Bad debts
Bank charges
Depreciation and amortization 63, 465
Employee benefits . 42, 091 32, 894 42, 724 23, 770 32, 607 Equipment maintenance 8, 288 18, 000 17, 611 76, 528
Food 56, 522 48, 390 22, 335 19, 678
Insurance 81, 683 51, 300 67, 984 54, 888 103, 255
National fees 83, 140
Occupancy expenses 26,586 41, 613 222,284 1, 870 46, 184 Office expenses 7, 512 3, 405 13, 496 10, 838
Organizational development 2,411 449 23, 570
Other program expenses 4, 107 819 189, 016
Outside services 407, 851 50, 505 73, 323 57, 928
Payroll taxes 107, 047 47, 983 50, 364 54, 118 52, 516
Pension plan contributions 17, 510 40, 484 37, 718 23, 440 39, 165 Printing 330 4,459
Supplies 25, 262 49, 216 55, 347 26, 460 84, 403
Sustaining campaign expenses
Taxes and licenses 3, 247 2, 559 7, 295 1, 944 2, 900
Training.and conferences 797 2, 65.6. 2,221 4, 070 2, 031 Transportation 7, 532 3, 406 6, 441 488 27, 255
Admin allocation 84, 949
Total expenses 23137, 475 1, 146, 853 1, 318, 999 974, 237 1, 671, 590 See accompanying notes to financial statements
5 409
CONTRACT NO. C36620
Family YMCA of the Desert
Statement of Functional Expenses
Year ended June 30, 2017
with comparative information for the year ended June 30, 2016) Supporting Services
Management Totals
Subtotal and General Fundraising Subtotal 2017 2016
4,224,913 78, 191 129, 158 207, 349 4,432, 262 4,278, 772 17, 708 6, 115 6, 115 23, 823 32, 302
13, 144 13, 144 13, 144 17, 579
21, 440 21, 440 21, 440 16, 237
63, 465 11, 200 11, 200 74, 665 67, 225
174, 086 1, 665 2,750 4,415 178, 501 130, 526
120, 427 4, 485 1, 164 5, 649 126, 076 89, 102
146, 925 146, 925 145, 678
359, 110 8, 164 6, 447 14, 611 373, 721 286, 222
83, 140 9, 781 4, 891 14, 672 97, 812 55, 526
338, 537 8, 382 2, 794 11, 176 349, 713 335, 915
35, 251 7, 327 1, 582 8, 909 44, 160 46, 580
26, 430 5, 892 5, 892 32, 322 32, 930
193, 942 19, 430 19, 430 213, 372 238, 472
589,607 58, 493 1, 030 59, 523 649, 130 533, 399
312, 028 5, 398 8, 918 14, 316 326, 344 315, 901
158, 317 6,050 9,992 16, 042 174,359 154, 288
4, 789 836 279 1, 115 5, 904 4,454 -
240, 688 213 213 240, 901 270, 980
51, 050 51, 050 51, 050 48, 715
17, 945 597 597 18, 542 16, 774
11, 775 2, 031 2, 031 13, 806 16, 033
45, 122 2,429 1, 217 3, 646 48, 768 48, 015
84,949 84, 949) 84, 949)
7, 249, 154 180, 422 227, 164 407,586 7, 656, 740 7, 181, 625 See accompanying notes to financial statements
6 410
CONTRACT NO. C36620
Family YMCA ofthe Desert
Statement of Cash Flows
Year ended June 30, 2017
with comparative totals for the year ended June 30, 2016) 2017 2016
Cash flows from operating activities:

Increase in net assets 252, 580 395, 732
Adjustments to reconcile increase ( decrease) in net assets to net cash provided by operating activities:

Depreciation and amortization 74,665 67, 225
Net unrealized and realized ( gain) loss on investments 1, 503) 1, 484) Proceeds from disposal of fixed assets 3,000
Increase) decrease in unconditional promises to give 49, 031 30,387) Increase) decrease in accounts - receivable 58, 231 99, 487 Increase) decrease in prepaid expenses 4, 872 1, 273)
Increase) decrease in inventory 61) 616
Increase) decrease in other assets 498) 268)
Increase ( decrease) in accounts payable 94, 760) 114, 308 Increase ( decrease) in accrued expenses 19, 634) 62, 088) Increase (decrease) in agency funds - aquatic program 77, 312) 50, 817 Increase ( decrease) in unearned revenue 9, 423 31, 005 Net cash provided by operating activities 255, 034 666, 690 Cash flows from investing activities:

Proceeds from sale of investments 44, 288
Purchase of fixed assets 69, 843) 45, 562)
Net cash flows provided ( used) by investing activities 25,555) 45, 562) Net increase ( decrease) in cash and cash equivalents 229, 479 621, 128 Cash and cash equivalents at beginning of year 3, 286, 939 2, 665, 811 Cash and cash equivalents at end of year 3, 516, 418 3, 286, 939 There were no significant noncash investing and financing activities for the years ended June 30, 2017 and 2016.

See accompanying notes to financial statements
7 411

FAMILY YMCA OF THE DESERT
Notes to the Financial Statements
Year ended June 30, 2017
1) Nature of Oreanization
CONTRACT NO. C36620
Family YMCA ofthe Desert (the " Organization") was incorporated on July 19, 1982, for the purpose of providing recreational and other programs for the benefit of its members and for the community at large. The corporate office is located in Palm Desert, California.

The Organization offers program services in Palm Desert and at various sites and childcare facilities throughout the Coachella Valley region of Southern California. The Organization is both publicly and privately funded. The Organization has childcare service contracts with local school districts and with the California Department of Education ( CDE). The Organization receives grants from local city governments, private donations, membership fees and program service fees. The Organization also has an operating agreement with the City of Palm Desert ( the " City") to manage the City' s Aquatics Center. Child care fees represent the largest component of program service income. After -school preschool and child care contracts with local school districts represent the largest component of government grants.
2) Summary of Significant Accounting Policies
a) Basis ofAccounting
The financial statements of the Family YMCA of the Desert have been prepared on the accrual basis of accounting in accordance with accounting principles generally accepted in the United States ofAmerica.
b) Financial Statement Presentation
The Family YMCA of the Desert has implemented the financial statement presentation recommended by the Financial Accounting Standards Boards ( FASB) in its Accounting Standards Codification ( ASC) 958- 205, Presentation of Financial Statements. Under ASC 958-205, the Family YMCA of the Desert is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. c) Sunuort and Revenue
Annual contributions are generally available for unrestricted use in the related year unless specifically restricted by the donor. Unconditional promises to give are recorded as revenue when received. Unconditional promises to give that are expected to be collected within one year are recorded at net realizable value.

Unconditional promises to give that are expected to be collected in future years are recorded at the present value of their estimated future cash flows. The discounts on those amounts are computed using risk -free interest rates applicable to the years in which the promises are received. Amortization of the discounts is included in contribution revenue. Conditional promises to give are not included as support until the conditions are substantially met. An allowance for uncollectible promises is provided based on management' s evaluation of potential uncollectible promises receivable at year- end.
412
CONTRACT NO. C36620

FAMILY YMCA OF THE DESERT
Notes to the Financial Statements
Year ended June 30, 2017
2) Summary of Significant Accounting Policies. ( continued) c) Suauort and Revenue. ( continued)
Grants and other contributions of cash and other assets are reported as temporarily restricted support if they are received with donor stipulations that limit the use of the donated assets. ,When a donor restriction expires, that is, when a stipulated time restriction ends or purpose restriction is accomplished, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. Endowment contributions are permanently restricted by the donor. Contributions of donated noncash assets are recorded at their fair value in the period received. Contributions of donated services that create or enhance nonfinancial assets or that require specialized skills, are provided by individuals possessing those skills, and would typically need to be purchased ifnot provided by donation, are recorded at their fair values in the period received.

Program service fees ( primarily childcare fees) are recorded when services are provided.
d) Cash and Cash Equivalents
The Family YMCA of the Desert considers cash, demand deposits, money market funds and all highly liquid debt instruments purchased with an original maturity of three months or less to be cash and cash, equivalents. The following items on the statement of financial position were considered cash and cash equivalents for purposes of the Statement of Cash Flows as of June 30, 2017:

Petty cash $ 1, 760
Demand deposits 3. 514.658
Total 3. 51 G. 41 g
These accounts may, at times, exceed federally insured limits. The Family YMCA of the Desert has not experienced any losses in such accounts and does not believe it is exposed to any significant credit risk on cash and cash equivalents. e) Investments
The Family YMCA of the Deseres investments are carried at fair value using quoted market prices with gains and losses included in the Statement ofActivities.

Investments can include certificates of deposit, equities, U.S. goverment bonds and corporate bonds. The funds are subject to gains or losses ofprincipal based on fluctuations in market prices.
9 d
413

FAMILY YMCA OF THE DESERT
Notes to the Financial Statements
Year ended June 30, 2017
J2) Summary of Significant Accounting Policies( ( continued) f) Fair Value Measurements
Accounting Standards Codification
defines fair value, establishes a frarr
disclosures about fair value measu
investments under ASC 820. The St
distinguishes between assumptions t
the Organization' s assumptions ( ui
asset or liability falls within that hie;
is significant to the fair value mea
pricing method used within either U
value measurement that effectively
hierarchy consists ofthree broad leve
Level I — Inputs to the v
prices for identical assets or
CONTRACT NO. C36620
ASC") 820, Fair Value Measurements,
work for measuring fair value and expands
ments. The Organization accounts for its
tement establishes a fair value hierarchy that
sed on market data ( observable inputs) and
bservable • inputs). Determining where an
trchy depends on the lowest level input that
irement as a whole. An adjustment to the
iel 1 or Level 2 inputs could generate a fair
alls in a lower level in the hierarchy. The
as follows:
methodology are unadjusted quoted
c in active markets.

Level 2 — Pricing inputs are other. than quoted prices in active markets, which are either directly or indirectly observable as of the reporting date, and fair value is determined tluough the use of models or other valuation methodologies.

Level 3 — Pricing inputs are unobservable for the instrument and include situations where there is little, if any, market activity for the instrument.

The inputs into the deteniination of fair value require significant managementjudgment or estimation.

In some instances, the inputs used tlo measure fair value may fall into different levels of the fair value hierarchy. In I such instances, an instrument' s level within the fair value hierarchy is based on the lowest level ofinput that is significant to the fair value measurement.

Market price is affected by a number of factors, including the type of instrument and the characteristics specific to the instrument, as well as the effects of market, interest and credit risk. Instruments with readily available active quoted prices or for which fair value can be measured from actively quoted prices generally will have a higher degree of market price observability and a lesser degree of judgement used in measuring fair value. It is reasonably possible that changes in values of these instruments will occur in the near term and that such changes could materially affect amounts ' reported in the Organization' s financial statements.
10 414
CONTRACT NO. C36620

FAMILY YMCA OF THE DESERT
Notes to the Financial Statements
Year ended June 30, 2017
2) Summary of Sienificant Accountine Policies. ( continued) g) Receivables
Grants, contracts and accounts receivable are stated at the amount management expects to collect from outstanding balances. Management provides for probable uncoilectible amounts through a provision for bad debt expense and an adjustment to a valuation allowance based on its assessment ofthe current status ofindividual receivables from grants and contracts and individual accounts. Balances that are still outstanding after management has used reasonable collection efforts are written off through a debit to the valuation allowance and a credit to the applicable receivable.
h) Other Assets
Amounts reported as " other assets" include the expected value of a life insurance policy and a time-share unit that was donated. This asset was capitalized at its fair market value at the time of donation. This asset is not subject to depreciation. i) Pronertv and Eouinment
The OrgmAzation' s property and equipment are recorded at cost, or in the case of donated items, at estimated fair market value at the date of the gift. Maintenance and repairs are expensed when incurred and betterments are capitalized. Property and equipment are depreciated using the straight-line method over their estimated useful lives of three to thirty years. It is the policy of the Organization to' capitalize all assets $ 1, 500 and greater.
j} Capitalized Lease Cost
Capitalized lease cost is stated at cost and is being amortized over its useful life of thirty-five years using the straight-line method.
k) Donations and Contributions
Unconditional promises to give and contributions received are recognized as revenues or gams in the period received. Unconditional promises to give due in future years are recorded at their net realizable value.

Contributions with donor -imposed restrictions are reported as temporarily or permanently restricted revenues. Temporarily restricted net assets are reclassified to unrestricted net assets when an expense is incurred that satisfies the donor - imposed restriction or when a time restriction has been met. 415
CONTRACT NO. C36620

FAMILY YMCA OF THE DESERT
Notes to the Financial Statements
Year ended June 30, 2017
2) Summary of Sianificant Accountine Policies. ( continued) 0) Contributed Services. Materials and Facilities.

Contributions of services are recognized if the services received create or enhance non -financial assets or require specialized skills, are purchased by individuals possessing those skills, and would typically need to be purchased if not provided by donation. Contributions of donated noncash assets are recorded at their fair value in the period received. The Organization occupies and offers on -site program services at facilities owned by local cities. The Organization does not pay rent for the use of such facilities. The estimated fair rental value of contributed facilities is recorded as contribution revenue.

The Organization receives donated services from a variety of unpaid volunteers assisting the Organization in its program services and fundraising campaigns. No amounts for such donated services have been, recognized in the accompanying financial statements since no objective basis is available to measure the value of such services. Contributed services requiring specific expertise are recognized in the accompanying financial statements.

The Organization recognizes contributed rent expense on certain facilities.

Donated rent, supplies and vehicles for the year ended June 30, 2017 totaled 232, 652. The fair value of contributed rent, vehicles and supplies has been measured on a nonrecurring basis using quotes prices in active or inactive markets for the same or similar assets.
m) Income Taxes
The Organization is a California nonprofit corporation, which operates as a public charity and is exempt from Federal and State Corporate income taxes under Section 501 ( c)( 3) of the Internal Revenue Code and similar state statutes.

Therefore, no provision is made for current or deferred income taxes. The Organization uses the same accounting methods for tax and financial reporting.

U. S. Generally Accepted Accounting Principles provide accounting and disclosure guidance about positions taken by an organization in its tax returns that might be uncertain. Management has reviewed the significant tax positions taken by the Organization in its federal and state information, returns and believes that none of the tax positions taken by the Organization will result in contingent tax liabilities. The Organization' s tax and information returns are subject to examination by federal and state taxing authorities, generally for three and four years respectively, after they are filed.
n) EXDense Allocation
The costs of providing the various programs and other activities have been summarized on a functional basis in the Statement of Activities and in the Statement of Functional Expenses. Accordingly, certain costs have been allocated among the programs and supporting services benefited.
12 416
CONTRACT NO. C36620

FAMILY YMCA OF THE DESERT
Notes to the Financial Statements
Year ended June 30, 2017
2) Sumrnary of Sienificant Accountina Policies, ( continued) o) Net Assets
To ensure observance of limitations and restrictions placed on the use of financial resources available to the Family YMCA ofthe Desert, the accounts ofthe Family YMCA ofthe Desert are maintained in accordance with the principles of net asset accounting. This is the procedure by which financial resources for various purposes are classified for accounting and reporting purposes into net asset classification established according to their nature and purpose. Separate accounts are maintained for each net asset classification; however, in the accompanying financial statements, net asset classifications that have similar characteristics have been combined into net asset groups as noted below.

Net assets and revenue, gains, expenses, and losses are classified as unrestricted, temporarily restricted, or permanently restricted, as follows:

Unrestricted net assets represent the portion of net assets over which the governing board has discretionary control for general operations of the Organization. The only limits on unrestricted net assets are limits resulting from contractual agreements.

Temporarily restricted net assets consist of the portion of net assets resulting from contributions, pledges and -other inflows of assets whose use by the Organization is limited by donor -imposed restrictions that expire by passage of time or accomplishment of purpose. When the purpose/ time restrictions are accomplished, the temporarily restricted net assets are reclassified to unrestricted net assets.

Permanently restricted net assets consist of contributions, such as permanent endowment fluids, subject to donor imposed stipulations that the principal be maintained permanently by the Family YMCA of the Desert. Generally, the donors permit the Family YMCA of the Desert to use all or part ofthe income earned on these assets. - p) Use of Estimates
The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. However, management anticipates any -variances to be immaterial. 13 417
CONTRACT NO. C36620

FAMILY YMCA OF THE DESERT
Notes to the Financial Statements
Year ended June 30, 2017
2) Summary of Simi ficagAccountin¢ Policies. ( continued) q) Prior Year Data
Selected information regarding the prior year has been included in- the accompanying financial statements. Certain reclassifications have been made to prior year amounts in order to conform to the current year presentation. This information has been included for comparison purposes only and does not represent a complete presentation in accordance with generally accepted accounting principles. Accordingly, such information should be read in conjunction with the Family YMCA of the Desert' s prior year financial statements, from which this selected financial data was derived. 3) Investments
The following table presents investments recorded at fair value as of June 30, 2017 and indicates the fair value hierarchy ofthe valuation techniques used to measure fair value as described in note 2(f).

Total Level ) Level 2 Level 3
Cerificates of deposit $ 452. 925 - 452. 925 -
Total investments $ 5 - = 452. 925 . -
4) Unconditional Promises to Give and Split interest Aercements The amount of unconditional promises to give at June 30, 2017 was as follows:

Sustaining Campaign $ 24, 164
Less: allowance for uncollectible pledges -
Net unconditional promises to give
Amounts of unconditional promises to give due in:

Less than one year $ 24, 164
One to five years -
More than five years
Bad debts expense of $13, 144 was recorded during the year in connection with the sustaining campaign.
14 418
4)
5)
6)
CONTRACT NO. C36620

FAMILY YMCA OF THE DESERT
Notes to the Financial Statements
Year ended June 30, 2017
Unconditional Promises to Give and Split interest ALueements. ( continued) The YMCA has been named a beneficiary in a split interest agreement. The Organization' s beneficial interest in split interest agreements is reported as part of other assets and carved at fair value, which the Organization has estimated based on the present value of the expected future cash inflows. Based on donor life expectancy and discount rate of 4.5% based on the risk of the agreement, the fair value of the Organization' s interest is $39, 795 as of June 30, 2017.

PrOpertv and Equipment
Property and equipment at June 30, 2017 are summarized as follows:

Building Improvement and Modulars $ 719, 090
Leased Building 250,000
Office Equipment and Furniture 206, 155
Automobiles 172,520
Computer Equipment 31, 633
Program and Educational Equipment 197. 892
1, 577, 290
Less: Accumulated Depreciation ( 1, 259. 904)
317. 386
Depreciation and amortization expense was $ 74, 665 for the year ended June 30, 2017.

Capitalized Lease Cost
In May 1989, the Organization entered into a lease to occupy its current facility from the City of Palm Desert ( the " City"). The lease had an initial term of ten years commencing on May 1, 1990, with two options to extend the lease term for twenty- five years each. In February 1999, the lease term was subsequently modified to an initial term, of fifteen years. In August 2005, the lease terms were again modified to extend the initial lease term for one additional year to expire on May 1, 2006. Each twenty-five year option requires the Organization to pay for expansion of the facility by 5, 000 square feet. The Organization is responsible for all utilities, taxes and repairs to the facility as well as providing adequate insurance coverage.

During a previous year, additional negotiations between the Organization and the City of Palm Desert resulted in submission of facility expansion plans to the City. A final architectural design for the Organization' s existing facility has not yet been identified and a written lease extension contract has not yet been executed The initial consideration for the Organization to occupy -the facility was to deed two acres of Iand ( valued at $ 150, 000) to the City of Palm Desert as well as paying $ 100, 000 in cash, for a total of $250,000. Amortization expense for the year ended June 30, 2017 was 7, 143. Accumulated amortization at June 30, 2017, was $ 187, 500. The net value of the 15 419
I
CONTRACT NO. C36620

FAMILY YMCA OF TBE DESERT
Notes to the Financial Statements
Year ended June 30, 2017
capital lease at year end was $ 62,500 and was included with property and equipment on the statement offinancial position.
7) Operating Leases
The Organization leases certain office equipment, storage space and facilities under operating leases on a month -to -month basis and long-term leases with expiration dates reaching to June 2019.

Future minimum payments under operating lease arrangements are as follows:

Fiscalvear:
2018 $ 52,600
Total
Some of the Organization child care centers and day camp facilities are leased on an annual basis with cancellation clauses or on a month to month basis. The Organization also leases facilities owned by several local cities with annual rents of $1 or less.

Contributed rent expense is recognized on such lease arrangements. For the year ended June 30, 2017, contributed rent totaling $158,385 on various sites leased from local cities was recognized as contribution revenue and rent expense.

During 2011, the Organization entered into a one-year lease with a board member. The lease agreement has since been extended for each year since. Operating rent of $13, 200 was paid to this Board of Trustee member for the year ended June 30, 2017. Other rental expense for equipment, storage facilities, childcare and other program facilities for the year ended June 30, 2017 was $ 51, 210.
8) Emnlovee Benefit Plan
The Organization contributes on behalf of its employees to the YMCA Retirement Fund defined contribution pension plan. Under the plan, contributions were made based on 8% of the employee' s annual salary. All full-time employees, at least 21 years of age, become eligible to participate in the plan after two years and 1, 000 hours of service. Pension expense for the year ended June 30, 2017 was $ 174, 359. This plan is administered by the National YMCA.
9) Accumulated Vacation
Accumulated unpaid employee vacation benefits are recognized as accrued expenses in the accompanying financial statements. The liability is recognized in the program to which the liability relates. The value of accumulated vacation leave at June 30, 2017 is as follows:

Non-CDE Sponsored Programs $ 75, 977
CDE Programs 16.503
16 420

FAMILY YMCA OF THE DESERT
Notes to the Financial Statements
Year ended June 30, 2017
10) Unearned Revenue
CONTRACT NO. C36620
Unearned revenue liability at June 30, 2017 is comprised ofthe following:

Childcare and general program fees $ 103, 350
Aquatics program fees 14, 802
Q1 S program fees $
12$.h941
Unearned revenue fees for childcare, aquatics and other general programs were applied towards program revenues in the next fiscal year.
11) CDE Child Develoument Reserves
Child development contractors with the California Department of Education are allowed, with prior CDE approval, to maintain a reserve account from unexpended child development contract funds. Transfers from a reserve account are considered restricted income for child development programs, but may be applied to any of the contracts that are eligible to contribute to that particular program type.

The Organization maintains a reserve account for its center based state preschool program and funds are deposited into an interest -bearing account. These funds are considered to be CDE funds, for which the Organization is merely acting as an agent holding the funds on behalf of the CDE. Upon termination of all child development center -based contracts with the CDE, unspent reserve funds have to be returned back to the CDE.
f12) Aaenev Funds
The Aquatics Program is supported by the City of Pahn Desert. City support funds in excess of program expenses are held in a separate account and are refunded back to the City periodically. Agency funds totaling $249, 050 have been reported as a liability in the statement offinancial position, since these funds are considered to be unearned amounts associated with contracts to provide an aquatic program for the community of Palm Desert.
13) Net Assets
Board designated and temporarily restricted net assets were available at June 30, 2017 for the following purposes: ,
17 421
9 FAMILY YMCA OF THE DESERT
Notes to the Financial Statements
Year ended June 30, 2017
13) Net Assets. ( continued)
New facilities fund
Future maintenance
Programs
Unemployment liability reserve
Unrestricted Board
Desip-nated
227, 113
55, 221

30. 822
3 CONTRACT NO. C36620
Temporarily
Restricted
862,713
17,645
During the past several years, the New Facilities Fund has borrowed from the Operating Fund to cover expenses related to capital campaign activities totaling $ 278, 796. A due tolfrom has been established in the books for tracking purposes, but has been eliminated for financial statement reporting purposes.
14) Related Party Transactions
As discussed in Note 7, facilities rent of $13, 200 was paid to a Board of Trustee member for the year ended June 30, 2017.

The Organization maintains banking relationships with several financial institutions. Two board members work at these institutions.

The Organization had outstanding employee loans of $1, 300 at June 30, 2017. This amount is made up of several staff that received training as part of their hiring requirements paid for by the Organization. The staff will reimburse the Organization through payroll deduction"in the next fiscal year.
15) Special Events
Golf Other
Hoedown Tournament Events Total
Special event revenue $ 219, 390 35, 751 88, 397 345, 266 Less direct expenses ( 81. 584) ( 9.314) ( 89. 904) ( 180. 702) Net support from special events - L.47) 4
16) Commitments and Contineencies
The YMCA is a defendant in a lawsuit. At date of issuance, it was premature to calculate outcome and range of loss related to this Iawsuit. The YMCA has insurance that they anticipate will cover the full range of potential loss. 17) Subsequent Events
Subsequent events have been evaluated through September 11, 2017, which is the date the financial statements were available to be issued.
18 422
CONTRACT NO. C36620

SUPPLEMENTARY INFORMATION
19 423
CONTRACT NO. C36620
Family YMCA of the Desert
Schedule of Federal and State Awards
Year Ended June 30, 2017
Federal Program Reimbursable State
CFDA Grantor' s of Award Revenue Disbursement/ Reserve
Grantor Number Number Amount Recognized Expenditures Fund U.S. Department orAericulture
Passed through California Department of Education,
Child and Adult Care Food Program 10. 558 S 96, 916 96, 916 112, 938 Total Department Expenditures 96, 916 96, 916 112, 938
Child Develooment Division
State Preschool 93. 596 and 93. 575 CSPP- 5340 1, 164, 132 1, 118. 376 1. 049, 937 68, 439 Total Department Expenditures 1, 164. 132 1, 118, 376 I, 049, 937 68, 439 Total Expenditures of Federal and State Awards 1, 261, 048 1, 215. 292 1, 162, 875 69, 439 See accompanying notes to the supplementary information 20 424
CONTRACT NO. C36620
Family YMCA ofthe Desert
Combining Statement of Financial Position
June 30, 2017
State Non CDE
Preschool Sponsored
Program Programs
Assets
Cash and cash equivalents
Investments
Unconditional promises to give, net
Accounts receivable
Prepaid expenses
Inventory
Other assets
Land, buildings and equipment, net
Interfund Receivable (Payable)
Total assets
Liabilities and Net Assets
Accounts payable
Accrued expenses
Agency funds - aquatic program
Deferred revenues
Total liabilities
Net assets:

Unrestricted:

Undesignated
Board designated
Total unrestricted net assets
Temporarily restricted
Permanently restricted
Total net assets
Total liabilities and net assets
71, 853
65, 314
58, 770
11, 270)
184,667
3, 400, 201
452, 925
24, 164
241, 579
33, 677
4, 546
50, 085
258, 616
11, 270
4,477, 063_
Total
3, 472, 054
452, 925
24, 164
306, 893
33, 677
4,546
50, 085
317, 386
4, 661, 730
12,599 62, 515 75, 114
43, 106 239, 412 282, 518
249, 050 249, 050
9, 941 118, 152 128, 093
65, 646 669, 129 734,775
119, 021 2,614, 420 2, 133, 441
313, 156 313, 156
119, 021 2,927, 576 3, 046, 597
880, 358 890, 358
119, 021 3, 807, 934 3, 926,955
184, 667 4,477, 063 4, 661, 730
See accompanying notes to the supplementary information 21 t
425
CONTRACT NO. C36620
Family YMCA of the Desert
Combining Statement of Activities
Year ended June 30, 2017
State Non CDE
Preschool Sponsored
Pro ram Programs Totals
Support and Revenue:

Program Revenues:

Program services 49, 447 2,579,000 2, 628, 447
Memberships 45, 223 45, 223
CDE childcare 1, 068, 115 42,090 1, 110, 205
CDE food contracts 96,916 68, 706 165, 622
QRIS childcare 27, 528 27, 528
ASES childcare 2,014, 738 2, 014, 738
Total program revenues 1, 242, 006 4,749,757 5, 991, 763 Other Support:

Contributions 1, 743, 471 1, 743, 471
Investment income, net 16 9,260. 9, 276
Gain on sale of assets 246 246
Special events, net of direct expenses 164, 564 164. 564 Total Other Support 16 1, 917, 541 1, 917, 557
Total support and revenues 1, 242, 022 6, 667, 298 7, 909, 320 Expenses:

Program Services:

Child Care 1, I46,853 3, 456, 474 4,603, 327
Aquatics 974, 237 974,237
Other Programs 1, 671. 590 1, 671, 590
Total program services expenses 1, 146, 853 6, 102, 301 7, 249, 154 Supporting services
Management and general 180, 422 180, 422
Fundraising 227, 164 227, 164
Total supporting services expenses 407, 586 407,586
Total expenses 1, 1463853 6, 509, 887 7, 656, 740
Increase ( decrease) in net assets 95, 169 157, 411 252, 580 Net assets at beginning of year 23, 852 3, 650, 523 3, 674, 375 Net assets at end of year 119, 021 3, 807, 934 3, 926, 955 See accompanying notes to the supplementary information 22 426
CONTRACT NO. C36620
Family YMCA of the Desert
Schedule ofExpenditures by State Categories
Year Ended June 30, 2017
State
Preschool
Program
1000 Certified salaries 355, 075
2000 Classified salaries 293, 002
3000 Employee benefits 159, 519
4000 Books and supplies 99, 926
4400 Non -capitalized equipment
5000 Services and other operating expenses 152, 188
6400 Other approved capital outlay
6500 New equipment 2, 194
Depreciation of use allowance
Start-up expenses
Indirect Costs 84,949
Total expenses claimed for reimbursement 1, 146, 853
We have examined the claims filed for reimbursement and the original records supporting the transactions recorded under the contracts listed above to an extent considered necessary to assure ourselves that amounts claimed by the contractor were eligible for reimbursement, reasonable, necessary, and adequately supported, according to governing Iaws, regulations and contract provisions.

See accompanying notes to the supplementary information 23 427
CONTRACT NO. C36620
Family YMCA of the Desert
Reconciliation of CDE and GAAP Expenses Reporting
Year Ended June 30, 2017
State
Preschool
Program
Reimburseable expenses per audited fiscal reports $ 1, 146, 853 Program expenses per GAAP financial reports 1, 146, 853 Difference
Different between CDE and GAAP reporting $
See accompanying notes to the supplementary information 24 428
CONTRACT NO. C36620
Family YMCA ofthe Desert
Schedule of Reimbursable Equipment Expenditures
Year Ended June 30, 2017
State
Preschool State
Program Grants
Unit cost under $7, 500 per item $
Unit cost over $7, 500 per item
with prior written approval
Unit cost over $7, 500 per item
without prior written approval
Total
See accompanying notes to the supplementary information 25 Total
429
CONTRACT NO. C36620
Family YMCA ofthe Desert
Schedule of Reimbursable Renovation and Repair Expenditures Year Ended June 30, 2017
State
Preschool State
Promatn Grant Total
Unit cost under $ 10, 000 per item $ - -
Unit cost over $ 10, 000 per item
with prior written approval - - -
Unit cost over $ 10, 000 per item
without prior written approval - - -
Total --
See accompanying notes to the supplementary information 26 430
CONTRACT NO. C36620
Family YMCA of the Desert
Schedule of Reimbursable Administrative Costs
Year Ended June 30, 2017
State
Preschool State
Program Grant Total
Director salaries S 26, 180 - 26, 180
Clerical salaries 22, 133 - 22, 133
Employee benefits 2, 445 - 2, 445
Payroll taxes 3, 566 - 3, 566
Insurance 2, 688 - 2, 688
Audit fees 14, 485 - 14, 485
Indirect costs:

Direct services 84, 949 - 84, 949
Total 156, 446 - 156, 446
See accompanying notes to the supplementary information 27 431
CONTRACT NO. C36620

AUDITED ATTENDANCE AND FISCAL REPORT
for California State Preschool Programs
Agency Name: FAMILY YMCA OF THE DESERT Vendor No. T774
Fiscal Year Ended: June 30, 2017 Contract No. CSPP- 6352 Independent Auditor' s Name: DAVIS FARR LLP
COLUMN A COLUMN 8 COLUMN C COLUMN D COLUMN E
SECTION I - CERTIFIED CHILDREN CUMULATIVEADJUSTEDDAYS AUDIT CtrMARPE E

FISCAUDIT ADJUSTMENT

DAYS OF ENROLLMENT FISCALYEARPER ADJUSTMENTS YEAR PER AUDR FACTOR

OF ENROLLMENT
PER Al1Drr FORM COFS a5o1
Three and Four Year Olds
Full- dme- plus 1. 1800
Full- time 12, 922 12, 922 1. 0000 12, 922. 000
Three- quademOme 0. 7500
On" alffkne 16, 146 16, 146 0.6196 10, 004. 062
Exceptional Needs
Fuil- timetplus 1. 4160
Fuq time 1. 2000
Three - quarters - time

0.9000
On" afldime 0.6196
Limited and Non -English ProAcient
Full- tim" lus 1. 2980
FuHma 4, 293 4,293 1. 1000 4. 722. 300
Three -quarters -time

0. 8250
One- haifdime 0. 6196
At Risk of Abuse or Neglect
Full- Ume- plus 1. 2980
Full-time 1. 100D
Three• quadem- tine 0. 8250
On" atf-time 0. 6196
Severely Disabled
FAtIme- plus 1. 7700
FulFtlme 1. 6000
Three- quadets- Ume 1. 1250
One- haN=time 0.6196
TOTAL DAYS OF 33, 361 33,361 E"r ,A, = 27. 648. 352
DAYS OF OPERA MOLLMENT p"
N.

DAYS OF ATTENDANCE ENE
0 NO NONCERTmm CHILDREN - Check box, omit page 2 & continue to Section III If no nonoltlRed children were enrolled : n the program.

Comments - If necessary, attach additional sheets to exptain adlustments:

AUD 8501, Page 1 of 4 ( FY 201847)
2a
Ceiiromia Department of Educatbo
432

AUDITED ATTENDANCE AND FISCAL REPORT
for Callfomia Stale Preschool Programs
Agency Name: FAMILY YMCA OF THE DESERT
Fiscal Year End: June 30. 2017

SECTION III - REVENUE

RESTRICTED INCOME
Child Nutrition Proarams
County Maintenance of Effort ( EC. 4 8279)
Uncashed Checks to Providers
Other { SpedfJVv):

Other ( Specity):

Subtotal
Transfer from Reserve - General I
Transfer from Reserve - Prof esslonall Development I
Subtotal
Family Fees for Certified Children
Interest Earned on Apportionments

UNRESTRICTED INCOME
FamiltFees for Noncerdfied Children
Head Start Program ( EC $ 8235( b))
Other ( SoedfX):

Other ( Specify), I

TOTAL REVENUE

SECTION IV -
REIM2aaries
RS} LE E PENSES
Direct Paryy,,m,ents toto is ( CH Only)
1000 Cerliflcated
2000 Classified Salaries
3000 Ern loyee Benefits
4000 Books and SuRRQp) les
500D B Other 0 ratl. Ex eases
fi efAp roved lfal LMF 1
66 ( Raw qutph+en ( pj J related) i
6500 Re ace I. I F,pp
end Prooram• related) I
Det ecla IN1 or Use Allowance I
Strut -Up Expenses (service level exemption) I
Buat Impasse Credit
IndirectCosts Rate: 8. 02% In. uusiocaumnm

TOTAL EXPENSES CLAIMED FOR
TOTAL ADMINISTRATIVE COSTS IIRmwintaxunwabmi REIMBURSEMENT FOR CDE- A& I USE ONLY: I
CONTRACT NO. C36620
Contract No. CSPP-5352

COLUMN A COLUMN B

CUMULATIVE AUDIT

FWALYEARPER ADJUSTMENT
FDRYcDF t" I

INCREASE OR

98. 916

96. 916
0 I

49. 447
16 I
I
I
146,379 1
355 0`75
29 pD2
1 4.519

99. 926
152, 1158
2, 194 1
I
I
I
I

84. 949 1
1, 146, 853
156, 446
Vendor No. 7774

COLUMN C
CUMULATIVE RStAL
YFAR PER AUDer
independent Audlices Assurancas on Agency s compUence with Contract Funding Terma and Conditions and Program Requirements at the California Department of Education, Ento Education and support D Wsfon:

EirDlbtEy, enrofYnem, andanendance records are being
maintained as regrded ( check YES or NO): COMMENTS - R naeesaary, attach additional sheets to axplaln editatmems:
0 YES
3 NO - Explaln any discrepancies.

Flaimbumable expamms ctrfined above are e141bfo far
reimbursement, reasonable, necessary, and adequarery
supported (aheck YES or NO):
0 YES
NO - Explain any diweparicim

96. 916
0 0
0 0
96, 916
0 0
0 49. 447
16 0
0 0
0 146. 379
SD
3555J 075
293, 002
159. 519

99. 926
152, 1B8
0 2, 194
0 0
0 0
84, 949

1. 146. 853
156. 446
NO SIPPLEMENTAL REVENUES OR EXPENSES - Check box and omit page 4 If Mere are no supplementer revenues or expenses to report AUD 8501. Page 3 W 4 ( FY 2016.17) California Department of Education 20 433
CONTRACT NO. C36620

AUDITED ATTENDANCE AND FISCAL REPORT
for California State Preschool Programs
Agency Name: FAMILY YMCA OF THE DESERT Vendor No. T774
Fiscal Year End: June 30. 2017 Contract No. CSPP- 8352

COLUMN A COLUMN B COLUMN C

CUMULATWEFISCAL AUDITADJUSTMENT CUMULATIVE FISCAL YEAR

SECTION V - SUPPLEMENTAL REVENUE

YEAR PER FORM COFS
5601

INCREASE OR

DECREASE)

PER AUDIT
Enha ement Funding 27, 528 27, 528
Other Specify): 0
Other Specify): 0
Other Specify j: 0
TOTAL SUPPLEMENTAL REVENUE 27,528 0 27,528

SECTION VI - SUPPLEMENTAL EXPENSES

EXPENSES RELATED TO SUPPLEMENTAL REVENUE
1000 Certificated Salaries
2000 Classified Salaries
3000 Employee Benefits
4000 Books and Su j es
5000 Services and Other Operating Expenses 27,528
6000 EgulpmentlOther Capital Outlay
De ( atlon or Use Allowance
I irect Costs

NONREIMBURSABLE EXPENSES
6100- 6500 Nonreimbursable Capital Outlay
Other e. g., tertainment Expenses
Other { 5
Other ( Specify):

TOTAL SUPPLEMENTAL EXPENSES $ 27.528
COMMENTS - If necessary, attach additional sheets to explaln adjustments.

AUD 8501, Page 4 of 4 ( FYY 2016- 17)
30 0
0 0
0 0

27.528
0 0
0 0
0 0
0 27,528
Califomia Department of Education
434
CONTRACT NO. C36620

AUDITED RESERVE ACCOUNT ACTIVITY REPORT
Agency Name: FAMILY YMCA OF THE DESERT.

Fiscal Year End: June 30, 2017 Vendor No. T774
IndependentAuditors Name: DAVIS FARR LL. P
RESERVE ACCOUNT TYPE (Check One}: COLUMN A COLUMN B COLUMN C Center Based AUDIT
Resource and Referral PER AGENCY ADJUSTMENT PER AUDIT INCREASE OR Alte allm Payment DECREASE)
LAST YEAR:

1. BeginningBalance( m e, atq>d galarwafro LagYeatsAUD 95300t i Plus Transfers from Reserve 15.
036 15, 036 ontrac
o ccount based
on IM year' s po* audit CDFS 9530. Sadon M: Contrad
No. CSPP- 6352 68. 439 68, 439 Contract
No. 0 Contract No. ) 0 Contract No, 1 0 I
Contract No. I
0 I
Contract No. 1
0 Total
Transferred from Contracts to Reserve Account 68, 439 0 68, 439 3.

Less Excess Reserve tobe Billed enter
as a pcukive emwad any excess amount calculated by CDFS on Iesl years past -audit 1 9530) 0 CDFS 4.'
Ending Balance on Last Year' s Post - Audit CDFS 900 83. 475 0 83. 475 TPIS YEAR: S.

Pius Interest Earned This Year on Reserve Funds column
A mud agree with this year's CDFS 9530,k Section iQ 4 4 6.

Less Transfers to Contracts from Reserve Account column Aamounts must agree with this years CDFS 9530-A, Section 111; and column Camourb must be reported on M years AUD tams for respective contracts): CSPP - General Contract
No. 0 Contract No. 0 CSPP -
Professional Development Contract
No. 0 Contract No. 0 Subtotal
0 O 0 Other
Contracts Contract
No. 0 Contract No. 0 Contract No. 0 Contract No. I
0 Contract No. I 0 Subtotal
0 0 0 Total
Transferred to Contracts from Reserve Account0 0 0 Ending Balance on June 30, 2017 column
A must agraa whh lids years CDFS 115304 Soctlan M83. 479 0 83, 479 COMMENTS - If necessary, attach additional shoats toexplain adjustments: AUD 9530-& Page I of 1 (FY 2016. 17) 31
California
Department of Educallon
435
I
CONTRACT NO. C36620 ;

FAMILY YMCA OF THE DESERT
Notes to Supplementary Information
2 Year ended June 30,' 2017
11 Summary of Sienificant Accounting Policies
a) Basis of Accountine
The accompanying combining statements of financial position, activities and changes in net assets have been prepared on the accrual basis of accounting in accordance with generally accepted accounting principles. Other supplementary schedules have been prepared in accordance with the Funding Terms and Conditions and Program Requirements of the California Department of Education ( CDE). b) Allowable Indirect Costs
Indirect costs are only applicable to the 1000- 5000 series of general ledger expenditure accounts in the California School Accounting Manual. In accordance with CDE Funding Terms and Conditions, indirect costs cannot be charged on capital outlay expenditures in the 6000 series accounts.
c) Use of Estimates
The preparation of supplementary information in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. 2) Federal Awards
The Agency' s federal awards for the fiscal year ended June 30, 2017 were Iess than $ 750, 000. 3) Eauipment and Property Purchased with CDE Funds
A capitalization threshold of $1, 500 is used for property and equipment acquired under CDE contracts. The CDE has a reversionary interest in property and equipment purchased with state funds.
4) Reconciliation of CDE and GAAP Expense Reportine
As discussed in Note 1 above, the CDE supplementary information is presented in accordance with CDE reporting requirements. CDE program funds expended for assets that would normally be capitalized and depreciated under GAAP are reported as program expenditures in the CDE schedules. To address such reporting differences, the supplementary information includes a Reconciliation ofCDE and GAAP Expense Reporting.
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jDavisFarr CERTIFIED PUBLIC ACCOUNTANTS
Board Members
Family YMCA ofthe Desert
Palm Desert, California
CONTRACT NO. C36620
Davis Farr LLP
2301 Dupont Drive 1 Suite 200 i Irvine. CA 92612
Main: 949. 474. 2020 ( rax: 949. 2G3. 5520
IndependentAuditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on anAudit ofFinancial Statements Performed in Accordance With Government Auditing Standards
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Family YMCA of the Desert ( the " Organization"), which comprise the statement of financial position as of June 30, 2017, and the related statements of activities and cash flows for the year then ended, and the related notes to the financial statements, and have issued our report thereon dated September 11, 2017.

Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the Organization' s internal control over financial reporting ( internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Organization' s internal control. Accordingly, we do not express an opinion on the effectiveness of the Organization' s internal control.

A deficiency in internal control exists ' when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity' s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Organization' s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed one instance of noncompliance or other matters that are required to be reported under Government Auditing Standards. 33 437
CONTRACT NO. C36620 i
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Board of Trustees
Family YMCA ofthe Desert

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Palm Desert City CouncilJanuary 9, 2025

Palm Desert City Council
January 9, 2025