Palm Desert City Council
April 10, 2025

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: April 10, 2025
PREPARED BY: Erica Powell, Management Analyst
SUBJECT: REJECT ALL PROPOSALS SUBMITTED FOR PUBLIC ART AND EL

PASEO SCULPTURE MAINTENANCE SERVICES AND AUTHORIZE THE

CITY MANAGER TO NEGOTIATE AN INTERIM SCULPTURE

MAINTENANCE AGREEMENT
RECOMMENDATION:

1. Reject all proposals submitted for Public Art and El Paseo Sculpture Maintenance Services.

2. Authorize staff to solicit new proposals for these services.

3. Authorize staff to negotiate and the City Manager to execute a six-month contract with Rice Construction from July 1, 2025, through November 30, 2025, to ensure continuity of service during the re-bidding process.

BACKGROUND/ANALYSIS:

The City of Palm Desert currently contracts with Same Day Express, a sole proprietor, for the maintenance of the City’s Public Art Collection and El Paseo Sculpture Exhibition at an annual cost of $55,200. The agreement expires on June 30, 2025.

On January 30, 2025, the City issued a Request for Proposals (RFP) for Public Art and El Paseo Sculpture Maintenance Services through its online bid management provider, OpenGov. The deadline for submissions was February 27, 2025, and four proposals were received:

PROPOSER ANNUAL COST
Crozier Fine Arts $1,339,063.44
A+ Window & Gutter Cleaning, LLC $450,000.00
Signature Sculpture dba Same Day Express $66,240.00
Rice Construction Incomplete Proposal
Following a comprehensive review of the proposals, staff identified the following concerns:
 Two proposals substantially exceeded the City's current contract amount, making them financially unfeasible.
 The proposal from the current provider, Same Day Express, raised concerns due to emerging and ongoing performance issues under the current contract.  Rice Construction submitted an incomplete proposal but has previously demonstrated its ability to perform the required scope of work.

Given these findings, staff recommends rejecting all proposals and re-opening the bidding process to secure a qualified contractor. To maintain continuity of service, staff requests 197
City of Palm Desert
(Reject All Proposals Submitted for Public Art and El Paseo Sculpture Maintenance Services)

authorization to negotiate a six-month contract with Rice Construction from July 1, 2025, through November 30, 2025, while a new competitive bidding process is conducted for a three-year contract.

Legal Review:

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

FINANCIAL IMPACT:

The budget for these services will be included in the FY 2025-26 Annual Budget request. There is no additional fiscal impact on the General Fund with this action. 198

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: April 10, 2025
PREPARED BY: Randy Chavez, Director of Public Works
SUBJECT: AWARD CONTRACT TO TRI-STAR CONTRACTING II, INC. OF DESERT

HOT SPRINGS, CALIFORNIA, FOR ON-CALL MAINTENANCE AND
REPAIRS FOR PUBLIC STREETS AND SPACES (PROJECT NO.

SST00001)
RECOMMENDATION:

1. Award a Maintenance Services Agreement with Tri-Star Contracting II, Inc., of Desert Hot Springs, California, in the amount not to exceed $150,000 for FY 2024-25, and $500,000 annually thereafter for a 38-month term with the option of (2) additional one-year extensions.

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

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

BACKGROUND/ANALYSIS:

Recent extreme weather has caused significant damage to city-maintained facilities, streets, and infrastructure. While City maintenance staff respond promptly, some cleanup efforts require specialized equipment and resources that the City does not currently have. In such cases, acquiring these resources can be challenging, particularly during emergencies when demand is high, and multiple agencies compete for vendor support.

To ensure a swift and efficient response to emergencies, securing a formal agreement with a vendor for on-call maintenance and repair services is essential. This would allow for the prompt addressing of urgent needs such as road maintenance, storm drain system repairs, and debris removal. Vendors are more likely to prioritize agencies with established agreements, enabling the City to mitigate damage, restore services, and enhance public safety more effectively.

Several agencies, including the City of Rancho Mirage, the City of Desert Hot Springs, Mission Springs Water District, and Coachella Valley Water District, have proactively implemented similar contracts.

In addition, staff aim to proactively address issues stemming from normal wear and tear while enhancing preventative maintenance efforts to minimize disruptions to city services. By supplementing routine maintenance with timely interventions, the City can extend the lifespan of critical infrastructure, reduce long-term repair costs, and ensure uninterrupted service delivery to the community.

Key tasks this contract aims to address include:
 Addressing excess sand buildup following wind events
 Maintenance and repair of storm channels and basins
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Award Contract for On-Call Repairs for Public Streets and Spaces

 Repair of large sinkholes and potholes that develop because of weather conditions or normal wear and tear
On February 13, 2025, a request for proposals (RFP) for the On-Call Maintenance and Repairs for Public Streets and Spaces Project was advertised through the City’s bid management portal OpenGov (Project ID: 2025-RFP-159). A mandatory pre-proposal meeting was held on February 19, 2025, with four vendors in attendance. On March 11, 2025, staff received two proposals electronically and both were evaluated based on the following criteria:
 Clarity and adherence to proposal requirements
 Proposer’s experience and performance
 Content of the proposal, including the work plan
 Team members’ experience and performance
 Comments by references
 Fee Proposal
The selection committee ranked the proposals numerically as follows:

CONTRACTOR LOCATION RANKING
Tri-Star Contracting II, Inc. Desert Hot Springs, CA 1
Sky Construction Services Bermuda Dunes, CA 2
Staff determined that Tri-Star Contracting II, Inc., who performed emergency repairs at various areas throughout the City after Hilary Storm, submitted a more complete proposal with competitive pricing. Based on this review, staff recommend awarding the three-year contract to Tri-Star Contracting II, Inc.

Legal Review:

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

The Fiscal Year 2024-25 Annual Budget includes $150,000 in Capital Project Account No. 4004370-5000903 for the Mid-Valley Channel Improvements Project, which will be completed through this contract. As a result, there is no additional financial impact on the general fund beyond the contract amount. Staff will budget and utilize available funds from various accounts as needed for on-call maintenance and repair services for the Mid-Valley Channel, public streets, and other City-maintained public spaces.

The table below outlines recent repairs and their associated costs, which were used to determine the subsequent Fiscal Years’ annual contract amount of $500,000:

Location Work Performed Cost
Cook Street Culvert cleaning following Hilary Storm $140,000.00 Gerald Ford Sinkhole repair $151,673.70
Haystack Channel Repairs following rain event $278,178.70 Freedom Park Field cleanup following Hilary Storm $818,705.47 200
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Award Contract for On-Call Repairs for Public Streets and Spaces

Funding for this agreement in future fiscal years is contingent upon City Council approval of the budget requests. request. By establishing a $500,000 annual maximum, any amount approved by City Council, equal to or less than this amount, would not require a contract amendment in addition to the approved budget application.

ATTACHMENTS:

1. Maintenance Services Agreement

2. Payment and Performance Bonds

3. Contractor Proposal
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CITY OF PALM DESERT

MAINTENANCE SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 10th day of April, 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 Tri-Star Contracting II, Inc., a Corporation, with its principal place of business at 15501 Little Morongo Road, Desert Hot Springs, California 92240 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Contractor.

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

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

2.2 Project.

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

On-Call Repairs for Public Streets and Spaces Project
Project No. SST00001
(hereinafter referred to as “the Project”).

3. Terms.

3.1 Scope of Services and Term.

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

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

3.1.2 Term. The term of this Agreement shall be from May 1, 2025, to June 30, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the 203
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means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

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

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

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

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

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

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

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

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein.

Any employee of the Contractor or its sub-contractors who is determined by the City to be 204
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uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

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

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

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

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

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

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

3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business 205
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Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

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

3.2.11 Insurance.

3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such 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 206
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general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Fidelity Coverage. Reserved.
(F) Cyber Liability Insurance. Reserved.
(G) Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.

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

City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. 207
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(C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
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provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its subconsultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the 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 209
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injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

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

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

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

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

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

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

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

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

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

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

3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been 211
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transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred and Fifty Thousand Dollars ($150,000) in Fiscal Year 2024/25 and Five Hundred Thousand Dollars ($500,000) per fiscal year thereafter without written approval of the City Council or City Manager, as applicable.

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

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

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

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

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

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

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

3.4 Termination of Agreement.

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

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by 213
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Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

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

3.5 General Provisions.

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

Contractor: Tri-Star Contracting II, Inc.
15501 Little Morongo Road
Desert Hot Springs, CA 92240
ATTN: Jordan Willis-Rodriguez, CFO
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Randy Chavez, Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

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

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

Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and 214
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representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees.

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

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

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

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

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

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

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

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

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

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, 215
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privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

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

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

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

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

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

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

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 Federal Provisions. Reserved.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND TRI-STAR CONTRACTING II, 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:

Chris Escobedo
Interim City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney
TRI-STAR CONTRACTING II, INC., A

CORPORATION
By:

Bryan Willis
President
By:

Daniel Willis
Secretary
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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Exhibit “A”
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EXHIBIT “A”

SCOPE OF SERVICES

1. General Overview
This scope of work outlines the provision of services for debris removal, rain event repairs, general street and infrastructure repairs, and specific road repairs (including potholes, sinkholes, and miscellaneous damage) on an as-needed basis. These services aim to address damage or issues caused by natural events such as storms, heavy rains, wind events, or normal wear and tear. The objective is to restore stormwater systems, streets, and other City-owned spaces to a safe and functional condition in a timely manner.

2. As-Needed Debris Removal

2.1. Objective:

To remove debris resulting from rain events, storms, wind events, or other weatherrelated incidents from stormwater systems, streets, and other City-owned spaces to ensure safety and accessibility for motorists and pedestrians.

2.2. Scope of Work:
 Types of Debris:
o Fallen trees, branches, limbs, and sand.
o Leaves, plant materials, and vegetation debris.
o Trash and other waste materials accumulated due to wind or rain.  Specific Areas of Focus:
o Drainage systems, retention basins, channels, and stormwater culverts. o Streets, parkways, and major arterials.
o Public amenities such as parking areas, sidewalks, and other infrastructure facilities affected by wind or sand.
 Equipment & Tools:
o Chainsaws, hand tools, leaf blowers, skid steers, and other specialized machinery.
o Trucks and trailers for debris transportation and disposal. o Street sweeper and Vactor truck.
o Asphalt repair and paving equipment.
o Traffic control equipment (e.g., cones, barricades, etc.). o Equipment for sand removal (e.g., skid steers, front loaders, sweepers).  Safety Measures:
o Site safety and hazard identification (e.g., downed power lines, hazardous trees). o Erecting barriers, cones, and signage for safety.

2.3. Response Time:
 Immediate response within 24 hours for high-priority events (major storms or flooding).  Routine debris removal and maintenance within five (5) business days, depending on severity.

3. Wind Event Repairs and Sand Removal

3.1. Objective:

To address and repair any damage caused by wind events and remove sand deposits that may accumulate in public spaces, streets, or stormwater infrastructure, ensuring public safety and accessibility.

3.2. Scope of Work:
 Wind Event Damage:
o Remove fallen trees, limbs, and debris from streets and public spaces. o Clear streets, storm drains, and public amenities from wind-blown trash and other debris.
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 Sand Removal:
o Remove accumulated sand from public streets, parking areas, and sidewalks affected by wind events.
o Ensure that storm drains, culverts, and other critical infrastructure are free from sand and debris blockages.
 Equipment & Materials:
o Skid steers, front loaders, sweepers, and other equipment for sand removal. o Traffic control devices to secure areas where sand removal is occurring.

3.3. Response Time:
 Critical repairs, such as clearing sand blockages in storm drains or streets, to be completed within 24 hours.
 Non-critical repairs or sand removal to be completed within five (5) business days, depending on the extent of the damage.

4. Rain Event Repairs

4.1. Objective:

To address and repair any damage caused by rain events, including erosion, flooding, and infrastructure issues that may affect usability and safety.

4.2. Scope of Work:
 Erosion Control:
o Repair and reinforce areas with significant erosion (e.g., road washouts, hillside and channel erosion).
o Install silt fences, temporary barriers, or erosion mats where necessary.  Flooding & Drainage Issues:
o Clear blocked storm drains, culverts, and ditches to prevent further flooding. o Re-grade and replant areas affected by excessive water flow.  Surface Repairs:
o Repair potholes or ruts in roads, parking lots, and pathways. o Minor repairs to damaged signage due to storm impacts.  Equipment & Materials:
o Soil, gravel, mulch, asphalt, and other materials for repairing eroded areas. o Small construction tools, compactors, and water pumps.

4.3. Response Time:
 Critical repairs, such as clearing drainage or fixing hazardous areas, to be completed within 24 hours.
 Non-critical repairs to be completed within five (5) business days, depending on the extent of the damage.

5. Road Repairs (Potholes, Sinkholes, and Miscellaneous Repairs)

5.1. Project Overview:

This project involves the repair and restoration of roads affected by potholes, sinkholes, and other miscellaneous damage. The goal is to ensure the road is safe and functional for all users.

5.2. Objectives:
 Safely repair damaged areas to restore road integrity.  Minimize risks to vehicles and pedestrians.
 Enhance the overall road surface to ensure long-term durability.

5.3. Location Where Work Is to Be Performed:
 Citywide roads and arterials
 City-owned or maintained parking lots
 Palm Desert Housing Authority Properties

5.4. Types of Repairs Needed:
 Pothole Repairs:
o Clean and prepare potholes for filling.
o Apply appropriate patching material (e.g., cold mix, hot mix asphalt). 219
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 Sinkhole Repairs:
o Excavate the sinkhole area and stabilize the surrounding ground. o Fill with appropriate materials (e.g., concrete, gravel) and compact. o Ensure proper drainage to prevent future occurrences.  Miscellaneous Repairs:
o Address other issues like cracks, surface deterioration, and drainage blockages. o Fill small cracks with sealant and address any subsurface drainage issues.

5.5. Timeline:
 Work to commence within five (5) working days of approval, unless otherwise agreed upon by City staff.
 Additional time may be allocated for materials procurement, site preparation, execution, and final inspection.

5.6. Resources and Equipment:
 Equipment may include excavators, patch trucks, asphalt spreaders, compactors, and trucks for material transportation.
 Special materials could include asphalt, concrete, gravel, or geotextile fabric for stabilization.

5.7. Environmental and Safety Considerations:
 Environmental Impact: Ensure proper disposal of old materials and minimize dust or noise pollution during work.
 Safety Protocols: Road work zones should have clear signage, traffic cones, and barriers to protect workers and motorists. Use flaggers or lane closures where necessary.

5.8. Quality Control and Inspections:
 Perform periodic inspections during the repair process to ensure the quality of materials and adherence to safety standards.
 Conduct a final inspection after repairs to confirm all work is complete and meets specifications.

5.9. Traffic Management Plan:
 Plan for temporary road closures, detours, or traffic diversions to minimize disruptions.  Clearly mark work zones with signs and provide updates to the public as needed.  Ensure smooth traffic flow while repairs are underway, with minimal impact on surrounding areas.

5.10. Final Deliverables:
 Repaired road sections with smooth, safe surfaces.
 Completed documentation of repairs, including before-and-after photos and inspection reports.
 Any necessary follow-up recommendations for maintenance or additional monitoring.

6. Reporting and Documentation
 Daily Logs: Contractors will provide daily reports detailing the work completed, materials used, and areas addressed.
 Photographic Evidence: Photos of pre- and post-repair conditions, if applicable, should be submitted.
 Completion Certification: A summary of completed tasks will be required for final billing and to ensure that work is done to satisfaction.

7. General Terms & Conditions
 Coordination with City Staff: The contractor shall work closely with City Staff or relevant authorities to prioritize tasks and ensure minimal disruption to public spaces.  Insurance and Liability: The contractor will maintain the necessary insurance coverage for any risks associated with the work.
 Performance Metrics: All work must be completed according to agreed standards and within the established timelines.
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EXHIBIT “C”

COMPENSATION
The total compensation shall not exceed One Hundred and Fifty Thousand Dollars ($150,000) for the first fiscal year and Five Hundred Thousand Dollars ($500,000) per fiscal year hereafter without written approval of the City Council or City Manager, as applicable. 221
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Tri-Star Contracting Change Order Worksheet
Material QTY Unit
Price
Amount WO#
Date 3/11/2025
$ - $ -
$ - $ - Description of work or
change
$ - $ -
$ - $ -
$ - $ -
Subtotal $ - Cost Markup Total
15%
Total Material Costs $ - $ - $ -
Prevailing Wage Labor Rate Hour Rate Total
Operator 3 (Bobcat) $ 93.80 $ -
Operator 3 OT $ 123.540$ -
Operator 3 OT2 $ 153.27 $ -
Operator 6 (Roller, Skiploader) $ 95.51 $ -
Operator 6 OT $ 126.10 $ -
Operator 6 OT2 $ 156.69 $ -
Grp 8 (backhoe, AC Paver, Grd Check) $ 95.62 $ -
Operator 8 OT $ 126.270$ -
Operator 8 OT2 $ 156.91 $ -
Grp 12 (Excavator, Loader, Scraper) $ 95.91 $ -
Operator 12 OT $ 126.70 $ -
Operator 12 OT2 $ 157.49 $ -
Labor 1 Shovel (July 2025 Rate) $ 75.09 $ -
Labor 1 OT $ 98.730 $ -
Labor 1 2OT $ 112.37 $ -
Labor 2 Finish Grade (July 2025 Rate) $ 75.64 $ -
Labor 2 OT $ 94.455 $ -
Labor 2 2OT $ 123.47 $ -
Labor 3 Wacker (July 2025 Rate) $ 76.19 $ -
Labor 3 OT $ 100.380$ -
Labor 3 2OT $ 124.57 $ -
Labor 4 Paving/Pipelayer (July 2025 Rate) $ 77.74 $ -
Labor 4 OT $ 102.710$ -
Labor 4 2OT $ 127.67 $ -
Cement Labor $ 73.52 $ -
Cement Labor OT $ 96.27 $ -
Cement Labor 2OT $ 119.02 $ -
Driver 3 (Dump Truck & 2 Axel W/T) $ 75.46 $ -
Driver 3 OT $ 95.395 $ -
Driver 3 OT2 $ 115.33 $ -
Driver 5 (3 Axel Water Truck) $ 75.68 $ -
Driver 5 OT $ 95.725 $ -
Driver 5 OT2 $ 115.77 $ -
Driver 6 (End Dump & Low Boy) $ 75.71 $ -
Driver 6 OT $ 95.77 $ -
Driver 6 OT2 $ 115.83 $ -
Apprentice per DIR Requirements $ 56.12 $ -
$ - $ - Taxes & Liabilities 19.19% $ -
$ - $ - Cost Markup Total
$ - $ - 15%
Total Labor Costs $ - $ - $ -
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Equipment Rental Rate Hours Rate Total
Bobcat/Kabota $ 89.50 $ -
Asphalt Zipper $ 120.00 $ -
623D Scraper $ 195.00 $ -
210 Skiploader $ 105.00 $ -
430 Backhoe $ 105.00 $ -
JD85G Midi-Excavator $ 128.00 $ -
966G Loader $ 175.00 $ -
140G Blade $ 135.00 $ -
Water Truck $ 65.00 $ -
950G Loader $ 142.00 $ -
321 Excavator $ 195.00 $ -
470 Hitachi Excavator $ 287.50 $ -
Asphalt Paver $ 105.00 $ -
Roller $ 95.00 $ -
Dump Truck $ 65.00 $ -
End Dump $ 85.00 $ -
40 Ton Haul Truck $ 210.00 $ -
Crew Truck Per Day $ 300.00 $ -
Lowboy w/driver equipment move $ 125.00 $ -
Non Production foreman $ 94.00 $ - Cost Markup Total
Non Production Office $ 84.00 $ - 15%
Total Equipment Cost$ - $ - $ -
Subcontracts Amount
Cost Markup
Tot
al 15%
$ -
$ -
$ -
$ -
$ -
Total Subcontracts
Costs
$ - $ - $ -
Sub Total Change Order $ -
Bonding Markup 2.5% $ -
Total Change Order $ -
Labor rates to be adjusted per DIR requirement
223
Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
Material QTY Unit Price Amount WO# 1
Dump fees 1 $ 500.00 $ 500.00 Date 3/11/2025
Traffic Control 1 $ 350.00 $ 350.00 Description of work or change $ - $ -
$ - $ - Emergency call with small equipment (skip
$ - $ - Loader) cleanup
Subtotal $ 850.00 Cost Markup
15%
Total
Total Material Costs $ 850.00 $ 127.50 $ 977.50
Prevailing Wage Labor Rate Hour Rate Total
Operator 3 (Bobcat) $ 93.80 $ -
Operator 6 (Roller, Skiploader) 8 $ 95.51 $ 764.08
Grp 8 (backhoe, AC Paver, Grd
Check)
$ 95.62 $ -
Grp 12 (Excavator, Loader, Scraper) $ 95.91 $ -
Labor 1 Shovel (July 2025 Rate) 8 $ 75.09 $ 600.72
Labor 2 Finish Grade (July 2025
Rate)
$ 75.64 $ -
Labor 3 Wacker (July 2025 Rate) $ 76.19 $ -
Labor 4 Paving/Pipelayer (July 2025
Rate)
$ 77.74 $ -
Cement Labor $ 73.52 $ -
Driver 3 (Dump Truck & 2 Axel W/T) 8 $ 75.46 $ 603.68
Driver 5 (3 Axel Water Truck) $ 75.68 $ -
Driver 6 (End Dump & Low Boy) $ 75.71 $ -
Apprentice per DIR Requirements $ 56.12 $ -
$ - $ - Taxes &
Liabilities

19.19% $ 377.75
$ - $ - Cost Markup Total
Total Labor Costs $ 2,346.23 $ 351.94 15%
$ 2,346.23 $ 351.94 $ 2,698.17
Equipment Rental Rate Hours Rate Total
Bobcat/Kabota $ 89.50 $ -
Asphalt Zipper $ 120.00 $ -
623D Scraper $ 195.00 $ -
210 Skiploader 8 $ 105.00 $ 840.00
430 Backhoe $ 105.00 $ -
JD85G Midi-Excavator $ 128.00 $ -
966G Loader $ 175.00 $ -
140G Blade $ 135.00 $ -
Water Truck $ 65.00 $ -
950G Loader $ 142.00 $ -
321 Excavator $ 195.00 $ -
470 Hitachi Excavator $ 287.50 $ -
Asphalt Paver $ 105.00 $ -
Roller $ 95.00 $ -
Dump Truck 8 $ 65.00 $ 520.00
End Dump $ 85.00 $ -
40 Ton Haul Truck $ 210.00 $ -
Crew Truck Per Day 1 $ 300.00 $ 300.00
Lowboy w/driver equipment move $ 125.00 $ -
Non Production foreman $ 94.00 $ - Cost Markup Total
Non Production Office $ 84.00 $ - 15%
Total Equipment Cost $ 1,660.00 $ 249.00 $ 1,909.00
Sub Total Change Order $ 5,584.67
Bonding Markup 2.5% $ 139.62
Total Change Order $ 5,724.29
224
Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
Material QTY Unit Price Amount WO# 2
Dump fees 1 $ 500.00 $ 500.00 Date 3/11/2025
Traffic Control 1 $ 350.00 $ 350.00 Description of work or change $ - $ -
$ - $ - Emergency call with large equipment (Loader)
$ - $ - cleanup
Subtotal $ 850.00 Cost Markup
15%
Total
Total Material Costs $ 850.00 $ 127.50 $ 977.50
Prevailing Wage Labor Rate Hour Rate Total
Operator 3 (Bobcat) $ 93.80 $ -
Operator 6 (Roller, Skiploader) $ 95.51 $ -
Grp 8 (backhoe, AC Paver, Grd
Check)
$ 95.62 $ -
Grp 12 (Excavator, Loader, Scraper) 8 $ 95.91 $ 767.28
Labor 1 Shovel (July 2025 Rate) 8 $ 75.09 $ 600.72
Labor 2 Finish Grade (July 2025
Rate)
$ 75.64 $ -
Labor 3 Wacker (July 2025 Rate) $ 76.19 $ -
Labor 4 Paving/Pipelayer (July 2025
Rate)
$ 77.74 $ -
Cement Labor $ 73.52 $ -
Driver 3 (Dump Truck & 2 Axel W/T) 8 $ 75.46 $ 603.68
Driver 5 (3 Axel Water Truck) $ 75.68 $ -
Driver 6 (End Dump & Low Boy) $ 75.71 $ -
Apprentice per DIR Requirements $ 56.12 $ -
$ - $ - Taxes &
Liabilities

19.19% $ 378.37
$ - $ - Cost Markup Total
$ - $ - 15%
Total Labor Costs $ 2,350.05 $ 352.51 $ 2,702.56
Equipment Rental Rate Hours Rate Total
Bobcat/Kabota $ 89.50 $ -
Asphalt Zipper $ 120.00 $ -
623D Scraper $ 195.00 $ -
210 Skiploader $ 105.00 $ -
430 Backhoe $ 105.00 $ -
JD85G Midi-Excavator $ 128.00 $ -
966G Loader $ 175.00 $ -
140G Blade $ 135.00 $ -
Water Truck $ 65.00 $ -
950G Loader 8 $ 142.00 $ 1,136.00
321 Excavator $ 195.00 $ -
470 Hitachi Excavator $ 287.50 $ -
Asphalt Paver $ 105.00 $ -
Roller $ 95.00 $ -
Dump Truck 8 $ 65.00 $ 520.00
End Dump $ 85.00 $ -
40 Ton Haul Truck $ 210.00 $ -
Crew Truck Per Day 1 $ 300.00 $ 300.00
Lowboy w/driver equipment move 4 $ 125.00 $ 500.00
Non Production foreman $ 94.00 $ - Cost Markup Total
Non Production Office $ 84.00 $ - 15%
Total Equipment Cost $ 2,456.00 $ 368.40 $ 2,824.40
Sub Total Change Order $ 6,504.46
Bonding Markup 2.5% $ 162.62
Total Change Order $ 6,667.08
225
Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
Material QTY Unit Price Amount WO# 3
Asphalt 5 $ 120.00 $ 600.00 Date 3/11/2025
Traffic Control 1 $ 350.00 $ 350.00 Description of work or change $ - $ -
Emergency call For Asphalt Patch
$ - $ -
$ - $ -
Subtotal $ 950.00 Cost Markup
15%
Total
Total Material Costs $ 950.00 $ 142.50 $ 1,092.50
Prevailing Wage Labor Rate Hour Rate Total
Operator 3 (Bobcat) $ 93.80 $ -
Operator 6 (Roller, Skiploader) 8 $ 95.51 $ 764.08
Grp 8 (backhoe, AC Paver, Grd
Check)
$ 95.62 $ -
Grp 12 (Excavator, Loader, Scraper) $ 95.91 $ -
Labor 1 Shovel (July 2025 Rate) 16 $ 75.09 $ 1,201.44
Labor 2 Finish Grade (July 2025
Rate)
$ 75.64 $ -
Labor 3 Wacker (July 2025 Rate) $ 76.19 $ -
Labor 4 Paving/Pipelayer (July 2025
Rate)
$ 77.74 $ -
Cement Labor $ 73.52 $ -
Driver 3 (Dump Truck & 2 Axel W/T) 8 $ 75.46 $ 603.68
Driver 5 (3 Axel Water Truck) $ 75.68 $ -
Driver 6 (End Dump & Low Boy) $ 75.71 $ -
Apprentice per DIR Requirements $ 56.12 $ -
$ - $ - Taxes &
Liabilities

19.19% $ 493.03
$ - $ - Cost Markup Total
$ - $ - 15%
Total Labor Costs $ 3,062.23 $ 459.34 $ 3,521.57
Equipment Rental Rate Hours Rate Total
Bobcat/Kabota $ 89.50 $ -
Asphalt Zipper $ 120.00 $ -
623D Scraper $ 195.00 $ -
210 Skiploader 8 $ 105.00 $ 840.00
430 Backhoe $ 105.00 $ -
JD85G Midi-Excavator $ 128.00 $ -
966G Loader $ 175.00 $ -
140G Blade $ 135.00 $ -
Water Truck $ 65.00 $ -
950G Loader $ 142.00 $ -
321 Excavator $ 195.00 $ -
470 Hitachi Excavator $ 287.50 $ -
Asphalt Paver $ 105.00 $ -
Roller $ 95.00 $ -
Dump Truck 8 $ 65.00 $ 520.00
End Dump $ 85.00 $ -
40 Ton Haul Truck $ 210.00 $ -
Crew Truck Per Day 1 $ 300.00 $ 300.00
Lowboy w/driver equipment move $ 125.00 $ -
Non Production foreman $ 94.00 $ - Cost Markup Total
Non Production Office $ 84.00 $ - 15%
Total Equipment Cost $ 1,660.00 $ 249.00 $ 1,909.00
Sub Total Change Order $ 6,523.07
Bonding Markup 2.5% $ 163.08
Total Change Order $ 6,686.15
226
Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
Material QTY Unit Price Amount WO# 4
Water 1 $ 500.00 $ 500.00 Date 3/11/2025
$ - $ - Description of work or change
$ - $ -
Emergency call For Dust Control
$ - $ -
$ - $ -
Subtotal $ 500.00 Cost Markup
15%
Total
Total Material Costs $ 500.00 $ 75.00 $ 575.00
Prevailing Wage Labor Rate Hour Rate Total
Operator 3 (Bobcat) $ 93.80 $ -
Operator 6 (Roller, Skiploader) $ 95.51 $ -
Grp 8 (backhoe, AC Paver, Grd
Check)
$ 95.62 $ -
Grp 12 (Excavator, Loader, Scraper) $ 95.91 $ -
Labor 1 Shovel (July 2025 Rate) $ 75.09 $ -
Labor 2 Finish Grade (July 2025
Rate)
$ 75.64 $ -
Labor 3 Wacker (July 2025 Rate) $ 76.19 $ -
Labor 4 Paving/Pipelayer (July 2025
Rate)
$ 77.74 $ -
Cement Labor $ 73.52 $ -
Driver 3 (Dump Truck & 2 Axel W/T) 8 $ 75.46 $ 603.68
Driver 5 (3 Axel Water Truck) $ 75.68 $ -
Driver 6 (End Dump & Low Boy) $ 75.71 $ -
Apprentice per DIR Requirements $ 56.12 $ -
$ - $ - Taxes &
Liabilities

19.19% $ 115.85
$ - $ - Cost Markup Total
$ - $ - 15%
Total Labor Costs $ 719.53 $ 107.93 $ 827.46
Equipment Rental Rate Hours Rate Total
Bobcat/Kabota $ 89.50 $ -
Asphalt Zipper $ 120.00 $ -
623D Scraper $ 195.00 $ -
210 Skiploader $ 105.00 $ -
430 Backhoe $ 105.00 $ -
JD85G Midi-Excavator $ 128.00 $ -
966G Loader $ 175.00 $ -
140G Blade $ 135.00 $ -
Water Truck 8 $ 65.00 $ 520.00
950G Loader $ 142.00 $ -
321 Excavator $ 195.00 $ -
470 Hitachi Excavator $ 287.50 $ -
Asphalt Paver $ 105.00 $ -
Roller $ 95.00 $ -
Dump Truck $ 65.00 $ -
End Dump $ 85.00 $ -
40 Ton Haul Truck $ 210.00 $ -
Crew Truck Per Day $ 300.00 $ -
Lowboy w/driver equipment move $ 125.00 $ -
Non Production foreman $ 94.00 $ - Cost Markup Total
Non Production Office $ 84.00 $ - 15%
Total Equipment Cost $ 520.00 $ 78.00 $ 598.00
Sub Total Change Order $ 2,000.46
Bonding Markup 2.5% $ 50.02
Total Change Order $ 2,050.48
227
Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
Material QTY Unit Price Amount WO# 5
Water 1 $ 500.00 $ 500.00 Date 3/11/2025
Traffic Control 1 $ 350.00 $ 350.00 Description of work or change $ - $ -
$ - $ - Emergency call For Blow Sand Removal and
$ - $ - Spreading per Day
Subtotal $ 850.00 Cost Markup
15%
Total
Total Material Costs $ 850.00 $ 127.50 $ 977.50
Prevailing Wage Labor Rate Hour Rate Total
Operator 3 (Bobcat) $ 93.80 $ -
Operator 6 (Roller, Skiploader) $ 95.51 $ -
Grp 8 (backhoe, AC Paver, Grd
Check)
$ 95.62 $ -
Grp 12 (Excavator, Loader, Scraper) 16 $ 95.91 $ 1,534.56 Labor 1 Shovel (July 2025 Rate) 16 $ 75.09 $ 1,201.44
Labor 2 Finish Grade (July 2025
Rate)
$ 75.64 $ -
Labor 3 Wacker (July 2025 Rate) $ 76.19 $ -
Labor 4 Paving/Pipelayer (July 2025
Rate)
$ 77.74 $ -
Cement Labor $ 73.52 $ -
Driver 3 (Dump Truck & 2 Axel W/T) 16 $ 75.46 $ 1,207.36 Driver 5 (3 Axel Water Truck) $ 75.68 $ -
Driver 6 (End Dump & Low Boy) $ 75.71 $ -
Apprentice per DIR Requirements $ 56.12 $ -
$ - $ - Taxes &
Liabilities

19.19% $ 756.73
$ - $ - Cost Markup Total
$ - $ - 15%
Total Labor Costs $ 4,700.09 $ 705.02 $ 5,405.11
Equipment Rental Rate Hours Rate Total
Bobcat/Kabota $ 89.50 $ -
Asphalt Zipper $ 120.00 $ -
623D Scraper $ 195.00 $ -
210 Skiploader $ 105.00 $ -
430 Backhoe $ 105.00 $ -
JD85G Midi-Excavator $ 128.00 $ -
966G Loader $ 175.00 $ -
140G Blade 8 $ 135.00 $ 1,080.00
Water Truck 8 $ 65.00 $ 520.00
950G Loader 8 $ 142.00 $ 1,136.00
321 Excavator $ 195.00 $ -
470 Hitachi Excavator $ 287.50 $ -
Asphalt Paver $ 105.00 $ -
Roller $ 95.00 $ -
Dump Truck 8 $ 65.00 $ 520.00
End Dump $ 85.00 $ -
40 Ton Haul Truck $ 210.00 $ -
Crew Truck Per Day $ 300.00 $ -
Lowboy w/driver equipment move $ 125.00 $ -
Non Production foreman $ 94.00 $ - Cost Markup Total
Non Production Office $ 84.00 $ - 15%
Total Equipment Cost $ 3,256.00 $ 488.40 $ 3,744.40
Sub Total Change Order $ 10,127.01
Bonding Markup 2.5% $ 253.18
Total Change Order $ 10,380.19
228
Contract No. ___________
Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
Material QTY Unit Price Amount WO# 6
Plywood 1 $ 500.00 $ 500.00 Date 3/11/2025
$ - $ - Description of work or change
$ - $ -
Abandoned home board-up
$ - $ -
$ - $ -
Subtotal $ 500.00 Cost Markup
15%
Total
Total Material Costs $ 500.00 $ 75.00 $ 575.00
Prevailing Wage Labor Rate Hour Rate Total
Operator 3 (Bobcat) $ 93.80 $ -
Operator 6 (Roller, Skiploader) $ 95.51 $ -
Grp 8 (backhoe, AC Paver, Grd
Check)
$ 95.62 $ -
Grp 12 (Excavator, Loader, Scraper) $ 95.91 $ -
Labor 1 Shovel (July 2025 Rate) 24 $ 75.09 $ 1,802.16
Labor 2 Finish Grade (July 2025
Rate)
$ 75.64 $ -
Labor 3 Wacker (July 2025 Rate) $ 76.19 $ -
Labor 4 Paving/Pipelayer (July 2025
Rate)
$ 77.74 $ -
Cement Labor $ 73.52 $ -
Driver 3 (Dump Truck & 2 Axel W/T) $ 75.46 $ -
Driver 5 (3 Axel Water Truck) $ 75.68 $ -
Driver 6 (End Dump & Low Boy) $ 75.71 $ -
Apprentice per DIR Requirements $ 56.12 $ -
$ - $ - Taxes &
Liabilities

19.19% $ 345.83
$ - $ - Cost Markup Total
$ - $ - 15%
Total Labor Costs $ 2,147.99 $ 322.20 $ 2,470.19
Equipment Rental Rate Hours Rate Total
Bobcat/Kabota $ 89.50 $ -
Asphalt Zipper $ 120.00 $ -
623D Scraper $ 195.00 $ -
210 Skiploader $ 105.00 $ -
430 Backhoe $ 105.00 $ -
JD85G Midi-Excavator $ 128.00 $ -
966G Loader $ 175.00 $ -
140G Blade $ 135.00 $ -
Water Truck $ 65.00 $ -
950G Loader $ 142.00 $ -
321 Excavator $ 195.00 $ -
470 Hitachi Excavator $ 287.50 $ -
Asphalt Paver $ 105.00 $ -
Roller $ 95.00 $ -
Dump Truck $ 65.00 $ -
End Dump $ 85.00 $ -
40 Ton Haul Truck $ 210.00 $ -
Crew Truck Per Day 1 $ 300.00 $ 300.00
Lowboy w/driver equipment move $ 125.00 $ -
Non Production foreman $ 94.00 $ - Cost Markup Total
Non Production Office $ 84.00 $ - 15%
Total Equipment Cost $ 300.00 $ 45.00 $ 345.00
Sub Total Change Order $ 3,390.19
Bonding Markup 2.5% $ 84.76
Total Change Order $ 3,474.95
229
230
Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Tri-Star Contracting II, Inc., (hereinafter referred to as the “Contractor”) an agreement for OnCall Repairs for Public Streets and Spaces (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 April 10, 2025, (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, Tri-Star Contracting II, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of One Hundred Fifty Thousand ($150,0000) in Fiscal Year 2024/25 and Five-Hundred Thousand Dollars, ($500,000) thereafter, said sum being not less than one hundred percent (100%) of the total annual 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
231
Contract No. ___________
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
232
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.
233
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
234
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
235
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 April 10, 2025, has awarded to Tri-Star Contracting II, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:

On-Call Repairs for Public Streets and Spaces (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 April 10, 2025, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of One Hundred Fifty Thousand ($150,000) in Fiscal Year 2024/25 and Five-Hundred Thousand Dollars, ($500,000) thereafter 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 236
Contract No. ___________
relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
237
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.
238
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
239
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
240
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-159
On-Call Repairs for Public Streets and Spaces
RESPONSE DEADLINE: March 11, 2025 at 5:00 pm
Report Generated: Wednesday, March 19, 2025
Tri-Star Contracting II, Inc. Response

CONTACT INFORMATION
Company:

Tri-Star Contracting II, Inc.

Email:
[email protected]
Contact:

Rodney Owens
Address:
15501 Little Morongo Rd
Desert Hot Springs, CA 92240
Phone:
(760) 251-5454
Website:

N/A
Submission Date:

Mar 11, 2025 8:23 AM (Pacific Time)
241
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-159
On-Call Repairs for Public Streets and Spaces
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Repairs for Public Streets and Spaces

ADDENDA CONFIRMATION
No addenda issued

QUESTIONNAIRE

1. Proposal (WITH COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:

A. Cover Letter

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

B. Experience and Technical Competence

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

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

C. Firm Staffing and Key Personnel

1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.

2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual.
242
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-159
On-Call Repairs for Public Streets and Spaces
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Repairs for Public Streets and Spaces

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

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

D. Proposed Method to Accomplish the Work

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

City_of_Palm_Desert_-_Cover_Letter.doc
City_of_Palm_Desert_Experience_and_Technical_Competence.doc City_of_Palm_Desert_Firm_Staffing_and_Key_Personnel.doc City_of_Palm_Desert_Proposed_Method_to_Accomplish_the_Work.doc

2. Fee Proposal*
Please provide hourly rates for labor, supervision, equipment, etc. to complete task indicated in the Scope of Services. The fee proposal shall include hourly rates and ancillary rates that will be utilized so submit estimates for tasks. (as such term is defined in the proposed Agreement attached herein).

Palm_Desert_-_T&M_work_scenarios.pdf

3. Non-Collusion Declaration*
The undersigned declares:

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

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, 243
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-159
On-Call Repairs for Public Streets and Spaces
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Repairs for Public Streets and Spaces

communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

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

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

Confirmed

4. Iran Contracting Act Certification*
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option selected below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct.

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.

The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or a financial instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. 244
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-159
On-Call Repairs for Public Streets and Spaces
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Repairs for Public Streets and Spaces

5. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 909195
Click to Verify Value will be copied to clipboard

6. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000004952
Click to Verify Value will be copied to clipboard

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

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

N/A

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

N/A
245
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-159
On-Call Repairs for Public Streets and Spaces
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Repairs for Public Streets and Spaces

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

Maximum response length: 5000 characters
N/A

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

City_of_Palm_Desert_Project_Team_Resumes.doc

12. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
Bryan Willis
President
15501 Little Morongo Road
Desert Hot Springs, CA 92240
246
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-159
On-Call Repairs for Public Streets and Spaces
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Repairs for Public Streets and Spaces

[email protected]
760-251-5454
Jordan Willis-Rodriguez
CFO
15501 Little Morongo Road
Desert Hot Springs, CA 92240
[email protected]
760-251-5454
Dainel Willis
Secretary
15501 Little Morongo Road
Desert Hot Springs, CA 92240
[email protected]
760-251-5454

13. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* Confirmed
247
Tri-Star Contracting II, Inc.
15501 Little Morongo Rd., Desert Hot Springs, CA 92240
Phone (760) 251-5454 Fax (760) 251-5458
License # 909195 A FED# 20-816-8300
DIR# 1000004952
Wednesday, March 19, 2025
Tri-Star is a local Coachella Valley company with experience working with all the local utility districts and municipalities in the area.

We specialize in civil and public improvements including: Watermains and Services, Sewer, Storm Drain, Dry Utilities, Site Grading, and Road & Sidewalk Repairs.

We also have years of experience in storm and emergency cleanup including work done for most of the cities, and many community organizations withing the Coachella Valley.

Our approach to the work can be done in multiple methods; either as a bid per project or as an open work order based on a time and material basis as directed by the city. We own our equipment and transport for equipment making for the ability to mobilize to projects quickly.

We are available to meet with the city’s staff as needed to discuss any of the projects, and can often recommend methods that would be most cost effective to the city.

Thank you for considering Tri-Star for your project and we look forward to working with you on this and future projects.

Sincerely,
Tri-Star Contracting II, Inc.
248
Bus (760) 251-5454 15-501 Little Morongo Road, Desert Hot Springs, CA. 92240 Fax (760) 2515458 e-mail:[email protected]
Tri-Star Contracting II, Inc.

Wednesday, March 19, 2025
Experience and Technical Competence

1. Background: Tri-Star Contracting II, Inc. has been a locally owned and operated construction company for over 17 years. Most recently our crews assisted the City of Palm Desert, City of Desert Hot Springs and City of Rancho Mirage with consulting which resulted in clean-up work during and in the aftermath of Tropical Storm Hillary. Prior to Tropical Storm Hillary our crews responded to the City of Palm Springs and City of Desert Hot Springs in the aftermath of the Valentines Day flooding in 2019, consulting and facilitating the re-opening of Indian Canyon Drive just south of I-10, Gene Autry Trail, Vista Chino and the rebuilding of Farrell Dr.

2. References:

1. City Of Palm Desert
Randy Chavez/Deputy Director of Public Works (760) 776-6450 Job Location - Gerald Ford retention basin, Cook Street, Portola & Haystack and Painters Path.

Description of work - Emergency Response to aftermath of Tropical Storm Hillary. Assisted with clearing mud and storm debris from intersections and roadways.

2. City of Rancho Mirage
Justin Ruberg/Public Works (760) 324-4511
Job Location - Bob Hope Drive and Wash at Frank Sinatra.

Description of work - Emergency Response to aftermath of Tropical Storm Hillary. Assisted with clearing stockpiled dirt at N/E corner of Bob Hope & Ramon Road and graded wash at Frank Sinatra wash and exported excess fill.

3. City of Desert Hot Springs
Danny Porras/ Assistant City Manager (760) 932-6411
Job Location – N Indian Canyon, Dillon Road, Mission Lakes Blvd Description of work – During Tropical Storm Hillary our crews assisting emergency responders crossing flood waters and attempted to keep roadways clear. Once storm passed our crews assisted City officials securing damaged roadways, cleared mud and debris from roads, intersections and repaired shoulders.

Contracting, Excavation, Grading
“We dig the Coachella Valley”
249
Bus (760) 251-5454 15-501 Little Morongo Road, Desert Hot Springs, CA. 92240 Fax (760) 2515458 e-mail:[email protected]
Tri-Star Contracting II, Inc.

Wednesday, March 19, 2025
Firm Staffing and Key Personnel

1. Staffing: Tri-Star Contracting II, Inc. is a locally owned and operated company. 95% of employees are local and can respond to emergency situations in a professional and timely manner. a) Victor Conteras – 30+ year’s experience as a heavy equipment operator and has been a lead foreman for Tri-Star Contracting II, Inc. since 2007. Mr. Conteras is 30hr OSHA certified along with confined space and trench safety certified and oversees a crew of 4-7 operator/laborers. b) Micheal Carr – 45+ year’s experience as a heavy equipment operator and a lead grading foreman for Tri-Star Contracting II, Inc. since 2007 while overseeing a crew of 4-7 operators/laborers.

2. Key Personnel:
a) Bryan Willis – President
Mr. Willis has over 35 years experience in the construction industry with a vast knowledge of all aspects of grading, excavation, sewer and water main repair and installation. and has been the president of Tri-Star Contracting II, Inc. since 2007.
b) Dan Willis – Secretary/Superintendent
Mr. Willis has 16 years of experience in the construction industry with a vast knowledge of all aspects of grading, excavation, sewer and water main repair and installation.

3. Team Organization:
a) Bryan Willis/President - Oversee all aspects of consulting and project management b) Dan Willis/ Secretary/Superintendent - On-site contact between Tri-Star Contracting II, Inc. and City officials
c) Rodney Owens/Estimator – Responsible for preparing all proposed work with input from Bryan Willis and Dan Willis
d) Laura Davenport/Office Manager – Contract administrator, billing, CPR

4. Subcontractors: Tri-Star Contracting will only utilize subcontractors as needed with CSBL contractors that are also DIR certified.

Contracting, Excavation, Grading
“We dig the Coachella Valley”
250
Bus (760) 251-5454 15-501 Little Morongo Road, Desert Hot Springs, CA. 92240 Fax (760) 2515458 e-mail:[email protected]
Tri-Star Contracting II, Inc.

Wednesday, March 19, 2025
Proposed Method to Accomplish the Work
Tri-Star Contracting II, Inc. approach to the work can be done in multiple methods; either as a bid per project or as an open work order based on a time and material basis as directed by the city. Tri-Star Contracting II, Inc. is a locally owned and operated company with 95% of our employees living within the Coachella Valley, our fleet is 100% owned making for the ability to mobilize to projects quickly.

We are available to meet with the city’s staff as needed to discuss any of the projects, and can often recommend methods that would be most cost effective. We pride ourselves in the facts that we have efficiently and effectively helped multiple City’s with storm cleanup over the last 17 years to ensure the residence of the city have safe and cleared roadways and been able to make repairs to infrastructure to help minimize any further damage from storms in the future.

Contracting, Excavation, Grading
“We dig the Coachella Valley”
251

Tri-Star Contracting II, Inc.
15501 Little Morongo Rd., Desert Hot Springs, CA 92240
Phone (760) 251-5454 Fax (760) 251-5458
License # 909195 A FED# 20-816-8300
Tuesday, March 11, 2025
Following are a few scenarios that can be dispatched for emergency call outs.

The following are examples of work we can perform but is not a complete list of all services Tri-Star can provide:

Sheet 1: T&M Rate sheet
Sheet 2: Small equipment crew
Sheet 3: Larger equipment crew
Sheet 4: Dust Control
Sheet 5: Blow Sand Removal
Sheet 6: Abandoned home board-up
Tri-Star can assemble a crew to meet the city’s needs for most situations.

Sincerely,
Tri-Star Contracting II, Inc.
252
Tri-Star Contracting Change Order Worksheet
Material QTY Unit Price Amount WO#
$ - - $ Date
$ - - $
$ - - $
$ - - $
$ - - $
Subtotal - $ Cost Markup Total
15%
Total Material Costs - $ - $ - $
Prevailing Wage Labor Rate Hour Rate Total
Operator 3 (Bobcat) $ - 93.80 $
Operator 3 OT $ - 123.540 $
Operator 3 OT2 $ - 153.27 $
Operator 6 (Roller, Skiploader) $ - 95.51 $
Operator 6 OT $ - 126.10 $
Operator 6 OT2 $ - 156.69 $
Grp 8 (backhoe, AC Paver, Grd Check) $ - 95.62 $
Operator 8 OT $ - 126.270 $
Operator 8 OT2 $ - 156.91 $
Grp 12 (Excavator, Loader, Scraper) $ - 95.91 $
Operator 12 OT $ - 126.70 $
Operator 12 OT2 $ - 157.49 $
Labor 1 Shovel (July 2025 Rate) $ - 75.09 $
Labor 1 OT $ - 98.730 $
Labor 1 2OT $ - 112.37 $
Labor 2 Finish Grade (July 2025 Rate) $ - 75.64 $
Labor 2 OT $ - 94.455 $
Labor 2 2OT $ - 123.47 $
Labor 3 Wacker (July 2025 Rate) $ - 76.19 $
Labor 3 OT $ - 100.380 $
Labor 3 2OT $ - 124.57 $
Labor 4 Paving/Pipelayer (July 2025 Rate) $ - 77.74 $
Labor 4 OT $ - 102.710 $
Labor 4 2OT $ - 127.67 $
Cement Labor $ - 73.52 $
Cement Labor OT $ - 96.27 $
Cement Labor 2OT $ - 119.02 $
Driver 3 (Dump Truck & 2 Axel W/T) $ - 75.46 $
Driver 3 OT $ - 95.395 $
Driver 3 OT2 $ - 115.33 $
Driver 5 (3 Axel Water Truck) $ - 75.68 $
Driver 5 OT $ - 95.725 $
Driver 5 OT2 $ - 115.77 $
Driver 6 (End Dump & Low Boy) $ - 75.71 $
Driver 6 OT $ - 95.77 $
Driver 6 OT2 $ - 115.83 $
Apprentice per DIR Requirements $ - 56.12 $
$ - - $ Taxes & Liabilites 19.19%
$ - - $ Cost Markup Total
$ - - $ 15%
Total Labor Costs - $ - $ - $
Equipment Rental Rate Hours Rate Total
Bobcat/Kabota 89.50 $ - $
Asphalt Zipper 120.00 $ - $
623D Scraper 195.00 $ - $
210 Skiploader 105.00 $ - $
430 Backhoe 105.00 $ - $
JD85G Midi-Excavator 128.00 $ - $
966G Loader 175.00 $ - $
140G Blade 135.00 $ - $
Water Truck 65.00 $ - $
950G Loader 142.00 $ - $
321 Excavator 195.00 $ - $
470 Hitachi Excavator 287.50 $ - $
Asphalt Paver 105.00 $ - $
Roller 95.00 $ - $
Dump Truck 65.00 $ - $
End Dump 85.00 $ - $
40 Ton Haul Truck 210.00 $ - $
Crew Truck Per Day 300.00 $ - $
Lowboy w/driver equipment move 125.00 $ - $
Non Production foreman 94.00 $ - $ Cost Markup Total
Non Production Office 84.00 $ - $ 15%
Total Equipment Cost - $ - $ - $
Amount
$ -
$ -
$ -
$ Cost - Markup Total
$ 15% -
Total Subcontracts Costs - $ - $ - $
Sub Total Change Order - $
Bonding Markup 2.5% - $
Total Change Order - $
Labor rates to be adjusted per DIR requierments
3/11/2025
Subcontracts
Description of work or change
$ -
253
Tri-Star Contracting Change Order Worksheet
Material QTY Unit Price Amount WO#
Dump fees 1 500.00 $ 500.00 $ Date
Traffic Control 1 350.00 $ 350.00 $
$ - - $
$ - - $
$ - - $
Subtotal 850.00 $ Cost Markup Total
15%
Total Material Costs 850.00 $ 127.50 $ 977.50 $
Prevailing Wage Labor Rate Hour Rate Total
Operator 3 (Bobcat) $ - 93.80 $
Operator 6 (Roller, Skiploader) 8 95.51 $ 764.08 $
Grp 8 (backhoe, AC Paver, Grd Check) $ - 95.62 $
Grp 12 (Excavator, Loader, Scraper) $ - 95.91 $
Labor 1 Shovel (July 2025 Rate) 8 75.09 $ 600.72 $
Labor 2 Finish Grade (July 2025 Rate) $ - 75.64 $
Labor 3 Wacker (July 2025 Rate) $ - 76.19 $
Labor 4 Paving/Pipelayer (July 2025 Rate) $ - 77.74 $
Cement Labor $ - 73.52 $
Driver 3 (Dump Truck & 2 Axel W/T) 8 75.46 $ 603.68 $
Driver 5 (3 Axel Water Truck) $ - 75.68 $
Driver 6 (End Dump & Low Boy) $ - 75.71 $
Apprentice per DIR Requirements $ - 56.12 $
$ - - $ Taxes & Liabilites 19.19%
$ - - $ Cost Markup Total
$ - - $ 15%
Total Labor Costs 2,346.23 $ 351.94 $ 2,698.17 $
Equipment Rental Rate Hours Rate Total
Bobcat/Kabota 89.50 $ - $
Asphalt Zipper 120.00 $ - $
623D Scraper 195.00 $ - $
210 Skiploader 8 105.00 $ 840.00 $
430 Backhoe 105.00 $ - $
JD85G Midi-Excavator 128.00 $ - $
966G Loader 175.00 $ - $
140G Blade 135.00 $ - $
Water Truck 65.00 $ - $
950G Loader 142.00 $ - $
321 Excavator 195.00 $ - $
470 Hitachi Excavator 287.50 $ - $
Asphalt Paver 105.00 $ - $
Roller 95.00 $ - $
Dump Truck 8 65.00 $ 520.00 $
End Dump 85.00 $ - $
40 Ton Haul Truck 210.00 $ - $
Crew Truck Per Day 1 300.00 $ 300.00 $
Lowboy w/driver equipment move 125.00 $ - $
Non Production foreman 94.00 $ - $ Cost Markup Total
Non Production Office 84.00 $ - $ 15%
Total Equipment Cost 1,660.00 $ 249.00 $ 1,909.00 $
Amount
$ -
$ -
$ -
$ Cost - Markup Total
$ 15% -
Total Subcontracts Costs - $ - $ - $
Sub Total Change Order 5,584.67 $
Bonding Markup 2.5% 139.62 $
Total Change Order 5,724.29 $
Labor rates to be adjusted per DIR requierments
$ 377.75
1 3/11/2025
Subcontracts
Description of work or change
Emergency call with small equipment (skip
Loader) cleanup
254
Tri-Star Contracting Change Order Worksheet
Material QTY Unit Price Amount WO#
Dump fees 1 500.00 $ 500.00 $ Date
Traffic Control 1 350.00 $ 350.00 $
$ - - $
$ - - $
$ - - $
Subtotal 850.00 $ Cost Markup Total
15%
Total Material Costs 850.00 $ 127.50 $ 977.50 $
Prevailing Wage Labor Rate Hour Rate Total
Operator 3 (Bobcat) $ - 93.80 $
Operator 6 (Roller, Skiploader) $ - 95.51 $
Grp 8 (backhoe, AC Paver, Grd Check) $ - 95.62 $
Grp 12 (Excavator, Loader, Scraper) 8 95.91 $ 767.28 $
Labor 1 Shovel (July 2025 Rate) 8 75.09 $ 600.72 $
Labor 2 Finish Grade (July 2025 Rate) $ - 75.64 $
Labor 3 Wacker (July 2025 Rate) $ - 76.19 $
Labor 4 Paving/Pipelayer (July 2025 Rate) $ - 77.74 $
Cement Labor $ - 73.52 $
Driver 3 (Dump Truck & 2 Axel W/T) 8 75.46 $ 603.68 $
Driver 5 (3 Axel Water Truck) $ - 75.68 $
Driver 6 (End Dump & Low Boy) $ - 75.71 $
Apprentice per DIR Requirements $ - 56.12 $
$ - - $ Taxes & Liabilites 19.19%
$ - - $ Cost Markup Total
$ - - $ 15%
Total Labor Costs 2,350.05 $ 352.51 $ 2,702.56 $
Equipment Rental Rate Hours Rate Total
Bobcat/Kabota 89.50 $ - $
Asphalt Zipper 120.00 $ - $
623D Scraper 195.00 $ - $
210 Skiploader 105.00 $ - $
430 Backhoe 105.00 $ - $
JD85G Midi-Excavator 128.00 $ - $
966G Loader 175.00 $ - $
140G Blade 135.00 $ - $
Water Truck 65.00 $ - $
950G Loader 8 142.00 $ 1,136.00 $
321 Excavator 195.00 $ - $
470 Hitachi Excavator 287.50 $ - $
Asphalt Paver 105.00 $ - $
Roller 95.00 $ - $
Dump Truck 8 65.00 $ 520.00 $
End Dump 85.00 $ - $
40 Ton Haul Truck 210.00 $ - $
Crew Truck Per Day 1 300.00 $ 300.00 $
Lowboy w/driver equipment move 4 125.00 $ 500.00 $
Non Production foreman 94.00 $ - $ Cost Markup Total
Non Production Office 84.00 $ - $ 15%
Total Equipment Cost 2,456.00 $ 368.40 $ 2,824.40 $
Amount
$ -
$ -
$ -
$ Cost - Markup Total
$ 15% -
Total Subcontracts Costs - $ - $ - $
Sub Total Change Order 6,504.46 $
Bonding Markup 2.5% 162.62 $
Total Change Order 6,667.08 $
Labor rates to be adjusted per DIR requierments
$ 378.37
2 3/11/2025
Subcontracts
Description of work or change
Emergency call with large equipment (Loader)
cleanup
255
Tri-Star Contracting Change Order Worksheet
Material QTY Unit Price Amount WO#
Asphalt 5 120.00 $ 600.00 $ Date
Traffic Control 1 350.00 $ 350.00 $
$ - - $
$ - - $
$ - - $
Subtotal 950.00 $ Cost Markup Total
15%
Total Material Costs 950.00 $ 142.50 $ 1,092.50 $
Prevailing Wage Labor Rate Hour Rate Total
Operator 3 (Bobcat) $ - 93.80 $
Operator 6 (Roller, Skiploader) 8 95.51 $ 764.08 $
Grp 8 (backhoe, AC Paver, Grd Check) $ - 95.62 $
Grp 12 (Excavator, Loader, Scraper) $ - 95.91 $
Labor 1 Shovel (July 2025 Rate) 16 75.09 $ 1,201.44 $
Labor 2 Finish Grade (July 2025 Rate) $ - 75.64 $
Labor 3 Wacker (July 2025 Rate) $ - 76.19 $
Labor 4 Paving/Pipelayer (July 2025 Rate) $ - 77.74 $
Cement Labor $ - 73.52 $
Driver 3 (Dump Truck & 2 Axel W/T) 8 75.46 $ 603.68 $
Driver 5 (3 Axel Water Truck) $ - 75.68 $
Driver 6 (End Dump & Low Boy) $ - 75.71 $
Apprentice per DIR Requirements $ - 56.12 $
$ - - $ Taxes & Liabilites 19.19%
$ - - $ Cost Markup Total
$ - - $ 15%
Total Labor Costs 3,062.23 $ 459.34 $ 3,521.57 $
Equipment Rental Rate Hours Rate Total
Bobcat/Kabota 89.50 $ - $
Asphalt Zipper 120.00 $ - $
623D Scraper 195.00 $ - $
210 Skiploader 8 105.00 $ 840.00 $
430 Backhoe 105.00 $ - $
JD85G Midi-Excavator 128.00 $ - $
966G Loader 175.00 $ - $
140G Blade 135.00 $ - $
Water Truck 65.00 $ - $
950G Loader 142.00 $ - $
321 Excavator 195.00 $ - $
470 Hitachi Excavator 287.50 $ - $
Asphalt Paver 105.00 $ - $
Roller 95.00 $ - $
Dump Truck 8 65.00 $ 520.00 $
End Dump 85.00 $ - $
40 Ton Haul Truck 210.00 $ - $
Crew Truck Per Day 1 300.00 $ 300.00 $
Lowboy w/driver equipment move 125.00 $ - $
Non Production foreman 94.00 $ - $ Cost Markup Total
Non Production Office 84.00 $ - $ 15%
Total Equipment Cost 1,660.00 $ 249.00 $ 1,909.00 $
Amount
$ -
$ -
$ -
$ Cost - Markup Total
$ 15% -
Total Subcontracts Costs - $ - $ - $
Sub Total Change Order 6,523.07 $
Bonding Markup 2.5% 163.08 $
Total Change Order 6,686.15 $
Labor rates to be adjusted per DIR requierments
$ 493.03
3 3/11/2025
Subcontracts
Description of work or change
Emergency call For Asphalt Patch
256
Tri-Star Contracting Change Order Worksheet
Material QTY Unit Price Amount WO#
Water 1 500.00 $ 500.00 $ Date
$ - - $
$ - - $
$ - - $
$ - - $
Subtotal 500.00 $ Cost Markup Total
15%
Total Material Costs 500.00 $ 75.00 $ 575.00 $
Prevailing Wage Labor Rate Hour Rate Total
Operator 3 (Bobcat) $ - 93.80 $
Operator 6 (Roller, Skiploader) $ - 95.51 $
Grp 8 (backhoe, AC Paver, Grd Check) $ - 95.62 $
Grp 12 (Excavator, Loader, Scraper) $ - 95.91 $
Labor 1 Shovel (July 2025 Rate) $ - 75.09 $
Labor 2 Finish Grade (July 2025 Rate) $ - 75.64 $
Labor 3 Wacker (July 2025 Rate) $ - 76.19 $
Labor 4 Paving/Pipelayer (July 2025 Rate) $ - 77.74 $
Cement Labor $ - 73.52 $
Driver 3 (Dump Truck & 2 Axel W/T) 8 75.46 $ 603.68 $
Driver 5 (3 Axel Water Truck) $ - 75.68 $
Driver 6 (End Dump & Low Boy) $ - 75.71 $
Apprentice per DIR Requirements $ - 56.12 $
$ - - $ Taxes & Liabilites 19.19%
$ - - $ Cost Markup Total
$ - - $ 15%
Total Labor Costs 719.53 $ 107.93 $ 827.46 $
Equipment Rental Rate Hours Rate Total
Bobcat/Kabota 89.50 $ - $
Asphalt Zipper 120.00 $ - $
623D Scraper 195.00 $ - $
210 Skiploader 105.00 $ - $
430 Backhoe 105.00 $ - $
JD85G Midi-Excavator 128.00 $ - $
966G Loader 175.00 $ - $
140G Blade 135.00 $ - $
Water Truck 8 65.00 $ 520.00 $
950G Loader 142.00 $ - $
321 Excavator 195.00 $ - $
470 Hitachi Excavator 287.50 $ - $
Asphalt Paver 105.00 $ - $
Roller 95.00 $ - $
Dump Truck 65.00 $ - $
End Dump 85.00 $ - $
40 Ton Haul Truck 210.00 $ - $
Crew Truck Per Day 300.00 $ - $
Lowboy w/driver equipment move 125.00 $ - $
Non Production foreman 94.00 $ - $ Cost Markup Total
Non Production Office 84.00 $ - $ 15%
Total Equipment Cost 520.00 $ 78.00 $ 598.00 $
Amount
$ -
$ -
$ -
$ Cost - Markup Total
$ 15% -
Total Subcontracts Costs - $ - $ - $
Sub Total Change Order 2,000.46 $
Bonding Markup 2.5% 50.02 $
Total Change Order 2,050.48 $
Labor rates to be adjusted per DIR requierments
$ 115.85
4 3/11/2025
Subcontracts
Description of work or change
Emergency call For Dust Control
257
Tri-Star Contracting Change Order Worksheet
Material QTY Unit Price Amount WO#
Water 1 500.00 $ 500.00 $ Date
Traffic Control 1 350.00 $ 350.00 $
$ - - $
$ - - $
$ - - $
Subtotal 850.00 $ Cost Markup Total
15%
Total Material Costs 850.00 $ 127.50 $ 977.50 $
Prevailing Wage Labor Rate Hour Rate Total
Operator 3 (Bobcat) $ - 93.80 $
Operator 6 (Roller, Skiploader) $ - 95.51 $
Grp 8 (backhoe, AC Paver, Grd Check) $ - 95.62 $
Grp 12 (Excavator, Loader, Scraper) 16 95.91 $ 1,534.56 $ Labor 1 Shovel (July 2025 Rate) 16 75.09 $ 1,201.44 $
Labor 2 Finish Grade (July 2025 Rate) $ - 75.64 $
Labor 3 Wacker (July 2025 Rate) $ - 76.19 $
Labor 4 Paving/Pipelayer (July 2025 Rate) $ - 77.74 $
Cement Labor $ - 73.52 $
Driver 3 (Dump Truck & 2 Axel W/T) 16 75.46 $ 1,207.36 $ Driver 5 (3 Axel Water Truck) $ - 75.68 $
Driver 6 (End Dump & Low Boy) $ - 75.71 $
Apprentice per DIR Requirements $ - 56.12 $
$ - - $ Taxes & Liabilites 19.19%
$ - - $ Cost Markup Total
$ - - $ 15%
Total Labor Costs 4,700.09 $ 705.02 $ 5,405.11 $
Equipment Rental Rate Hours Rate Total
Bobcat/Kabota 89.50 $ - $
Asphalt Zipper 120.00 $ - $
623D Scraper 195.00 $ - $
210 Skiploader 105.00 $ - $
430 Backhoe 105.00 $ - $
JD85G Midi-Excavator 128.00 $ - $
966G Loader 175.00 $ - $
140G Blade 8 135.00 $ 1,080.00 $
Water Truck 8 65.00 $ 520.00 $
950G Loader 8 142.00 $ 1,136.00 $
321 Excavator 195.00 $ - $
470 Hitachi Excavator 287.50 $ - $
Asphalt Paver 105.00 $ - $
Roller 95.00 $ - $
Dump Truck 8 65.00 $ 520.00 $
End Dump 85.00 $ - $
40 Ton Haul Truck 210.00 $ - $
Crew Truck Per Day 300.00 $ - $
Lowboy w/driver equipment move 125.00 $ - $
Non Production foreman 94.00 $ - $ Cost Markup Total
Non Production Office 84.00 $ - $ 15%
Total Equipment Cost 3,256.00 $ 488.40 $ 3,744.40 $
Amount
$ -
$ -
$ -
$ Cost - Markup Total
$ 15% -
Total Subcontracts Costs - $ - $ - $
Sub Total Change Order 10,127.01 $
Bonding Markup 2.5% 253.18 $
Total Change Order 10,380.19 $
Labor rates to be adjusted per DIR requierments
$ 756.73
5 3/11/2025
Subcontracts
Description of work or change
Emergency call For Blow Sand Removal and
Spreading per Day
258
Tri-Star Contracting Change Order Worksheet
Material QTY Unit Price Amount WO#
Plywood 1 500.00 $ 500.00 $ Date
$ - - $
$ - - $
$ - - $
$ - - $
Subtotal 500.00 $ Cost Markup Total
15%
Total Material Costs 500.00 $ 75.00 $ 575.00 $
Prevailing Wage Labor Rate Hour Rate Total
Operator 3 (Bobcat) $ - 93.80 $
Operator 6 (Roller, Skiploader) $ - 95.51 $
Grp 8 (backhoe, AC Paver, Grd Check) $ - 95.62 $
Grp 12 (Excavator, Loader, Scraper) $ - 95.91 $
Labor 1 Shovel (July 2025 Rate) 24 75.09 $ 1,802.16 $
Labor 2 Finish Grade (July 2025 Rate) $ - 75.64 $
Labor 3 Wacker (July 2025 Rate) $ - 76.19 $
Labor 4 Paving/Pipelayer (July 2025 Rate) $ - 77.74 $
Cement Labor $ - 73.52 $
Driver 3 (Dump Truck & 2 Axel W/T) $ - 75.46 $
Driver 5 (3 Axel Water Truck) $ - 75.68 $
Driver 6 (End Dump & Low Boy) $ - 75.71 $
Apprentice per DIR Requirements $ - 56.12 $
$ - - $ Taxes & Liabilites 19.19%
$ - - $ Cost Markup Total
$ - - $ 15%
Total Labor Costs 2,147.99 $ 322.20 $ 2,470.19 $
Equipment Rental Rate Hours Rate Total
Bobcat/Kabota 89.50 $ - $
Asphalt Zipper 120.00 $ - $
623D Scraper 195.00 $ - $
210 Skiploader 105.00 $ - $
430 Backhoe 105.00 $ - $
JD85G Midi-Excavator 128.00 $ - $
966G Loader 175.00 $ - $
140G Blade 135.00 $ - $
Water Truck 65.00 $ - $
950G Loader 142.00 $ - $
321 Excavator 195.00 $ - $
470 Hitachi Excavator 287.50 $ - $
Asphalt Paver 105.00 $ - $
Roller 95.00 $ - $
Dump Truck 65.00 $ - $
End Dump 85.00 $ - $
40 Ton Haul Truck 210.00 $ - $
Crew Truck Per Day 1 300.00 $ 300.00 $
Lowboy w/driver equipment move 125.00 $ - $
Non Production foreman 94.00 $ - $ Cost Markup Total
Non Production Office 84.00 $ - $ 15%
Total Equipment Cost 300.00 $ 45.00 $ 345.00 $
Amount
$ -
$ -
$ -
$ Cost - Markup Total
$ 15% -
Total Subcontracts Costs - $ - $ - $
Sub Total Change Order 3,390.19 $
Bonding Markup 2.5% 84.76 $
Total Change Order 3,474.95 $
Labor rates to be adjusted per DIR requierments
Abandoned home board-up
$ 345.83
6 3/11/2025
Subcontracts
Description of work or change
259
Bus (760) 251-5454 15-501 Little Morongo Road, Desert Hot Springs, CA. 92240 Fax (760) 2515458 e-mail:[email protected]
Tri-Star Contracting II, Inc.

Wednesday, March 19, 2025

11. Project Team Resumes
a) Bryan Willis – President
Mr. Willis has over 35 years experience in the construction industry with a vast knowledge of all aspects of grading, excavation, sewer and water main repair and installation. and has been the president of Tri-Star Contracting II, Inc. since 2007.
b) Dan Willis – Secretary/Superintendent
Mr. Willis has 16 years of experience in the construction industry with a vast knowledge of all aspects of grading, excavation, sewer and water main repair and installation. AQMD Dust Control & Confined Space and Trench safety certified.
c) Victor Conteras – 30+ year’s experience as a heavy equipment operator and has been a lead foreman for Tri-Star Contracting II, Inc. since 2007. Mr. Conteras is 30hr OSHA, AQMD Dust Control & Confined Space and Trench Safety certified and oversees a crew of 4-7 operator/laborers. d) Micheal Carr – 45+ year’s experience as a heavy equipment operator and a lead grading foreman for Tri-Star Contracting II, Inc. since 2007 while overseeing a crew of 4-7 operators/laborers Contracting, Excavation, Grading
“We dig the Coachella Valley”
260

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: April 10, 2025
PREPARED BY: Kalaina Perez, Management Analyst
SUBJECT: APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C41450 WITH

HINDERLITER, DE LLAMAS AND ASSOCIATES (HDL) TO CONTINUE BUSINESS LICENSE TAX AND FEES ADMINISTRATION.

RECOMMENDATION:

1. Approve Amendment No. 2 to Contract No. C41450 with HdL to extend the term for one (1) year.

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

3. Authorize the City Manager or designee to execute any amendments to the agreement.

BACKGROUND/ANALYSIS:

In May 2021, the City entered into a contractual agreement with HdL to outsource business license services. This decision was made in response to significant operational challenges posed by the COVID-19 pandemic, which resulted in a substantial backlog of business license applications and strained internal resources.

On January 9, 2025, during a study session, the City Council and staff reviewed concerns regarding the current processing of business licenses and explored the benefits of bringing these services back in-house. A key factor in this transition is the City's investment in Clariti software, which will enable a more efficient and streamlined approach once the business license module is fully implemented in the first quarter of 2026.

As the current four-year contract with HdL expires on April 30, 2025, a one-year contract extension is necessary to maintain services until they can be brought back in-house. This extension will provide the required time to implement the Clariti Software, enhance operational efficiency, and ensure uninterrupted service delivery.

The following four services are provided under the current contract:

1. Operations Management Services - Processing of renewals and new applications.

2. Online Payment Processing – Handling credit card and eCheck transactions.

3. Discovery Services – Identifying businesses subject to business licensing requirements.

4. Collection Services – Collecting outstanding business license-related debts.

Staff recommends keeping all four services in the contract; however, at this time, authorization will only be given for Operations Management Services and Online Payment Processing (items 1 and 2). Staff from the Development Services and Finance Departments will continue to monitor the contract and assess the need for Discovery and/or Collection Services. 261
City of Palm Desert
Approve an amendment to Contract No. C41450 with HDL

HdL’s Client Services Team has made significant progress in collaboration with staff, further supporting the need for a smooth transition. Therefore, staff recommends approving a one-year contract extension with HdL to support the implementation of Clariti and ensure an efficient transfer of business licensing back in-house.

Legal Review:

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

FINANCIAL IMPACT:

Funds in the amount of $180,000 have been requested as part of the FY 2025-26 Annual Budget in Account No. 1104421-4309300 for this purpose. There is no additional impact on the General Fund.

ATTACHMENTS:

1. HdL Draft Amendment No. 2

2. HdL Amendment No. 1

3. HdL Contract No. C41450
262
Contract No. C41451
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PALM DESERT

AND HINDERLITER DE LLAMAS AND ASSOCIATES

1. Parties and Date.

This Amendment No. 1 to the Professional Services Agreement is made and entered into as of this 24th day of March, 2022, by and between the City of Palm Desert (“ City”) and Hinderliter De Llamas and Associates ( also known as HdL Companies), a Corporation with its principal place of business at 120 S. State College Boulevard, Suite 200, Brea, California 92821(“ Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled Professional Services Agreement, Contract No. C41450” dated April 30, 2021 (“ Agreement” or Contract”) for the purpose of retaining the services of Consultant to provide business license administration services.

2.2 Amendment. The City and Consultant desire to amend the Agreement to extend the term.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.1.2 of the Agreement.

3. Terms.

3.1 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:

The term of this agreement shall be from April 30, 2021 to April 30, 2023, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than two (2) additional one- year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedule and deadlines.”

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “ Agreement” or “ Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue 263
Contract No. C41451

Revised 11-2-20
BBK 72500. 00001\ 32445060. 1
in full force and effect.

3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

SIGNATURES ON FOLLOWING PAGE]
264
Contract No. C41451

Revised 11-2-20
BBK 72500. 00001\ 32445060. 1
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF PALM DESERT

AND HINDERLITER DE LLAMAS AND ASSOCIATES
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the Professional Services Agreement as of the day and year first above written.

CITY OF PALM DESERT
Approved By:

L. Todd Hileman
City Manager
Attested By:

Anthony J. Mejia, MMC
City Clerk
Approved As To Form:

By:

Best Best & Krieger LLP
City Attorney

HINDERLITER DE LLAMAS AND

ASSOCIATES
Signature
Name
Title
Signature
Name
Title
Insurance ID# 1Review
QC: 2Review
MN
n/a
CIO, Director of Tax & Fee Administration
robert gray
Robert Hargreaves (Apr 8, 2022 13:37 PDT)
Robert Hargreaves
Todd Hileman ( Apr 8, 2022 13: 39 PDT)
265
266

CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT
Contract No. C41450

1. PARTIES ANC DATE
This Agreement is made and entered into this 30th day of Apnl , 20 21 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. County of Riverside, State of California (" City") Hinderliter De Llamas and Associates ( also known as HdL Companies), with its principal place of business at 120 S State College Blvd , Suite 200, Brea, CA 92821 (" Consultant") Crty and Consultant are sometimes individually referred to herein as " Party" and collectively as " Parties " 2 RECITALS. 21 Project
The City is a public agency of the State of California and is in need of professional services for the following project

BUSINFSS LICENSE ADMINISTRATION
hereinafter referred to as "the Project")

2. 2 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement Consultant is duly licensed and has the necessary qualifications to provide such services

3. TERMS 31 Scope of Services and Term
3 1 1 General scone of Servirq , Consultant promises and agrees to furnish to the City all labor, matenals, fools. equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services") The Services are more particularly described in Exhibit " A" attached hereto and incorporated herein by reference All Services shall Ise subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws. rules and regulations
3 1 2 Term The term of this Agreement shall be from April 30, 2021 to Apnl 30, 2022, unless earlier terminated as provided herein The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three ( 3) additional one- year terms Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines

3. 2 Responsibilities of Consultant.
3 2 1 InderjFndent Cnntrartor Cnntrnl anri Pat ment of Snhnrrtinatas The Services shall be performed by Consultant or under its supervision Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement City retains Consultant on an independent contractor basis and not as an employee Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant' s exclusive direction and control Consultant shall pay all wages, salanes, and other amounts due such personnel in connection with their performance of Services under this 267
Contract No. C41450
Agreement and as required by taw Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance
3 2 2 Schedule of Services Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit " B" attached hereto and incorporated herein by reference Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services
3 2 3 Conformance to A/\ table Renuirementc All work prepared by Consultant shall be subject to the approval or City
3 2 4 Substitution of Kev Personnel Consultant has represented to City that certain key personnel will perform and coordinate the Services Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon wntten approval of City In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause The key personnel for performance of this Agreement are as follows Connor Duckworth, Client Advisor
3 2 5 City' s Representative The City hereby designates Janet Moore, Director of Finance, or his/ her designee, to act as rts representative in all matters pertaining to the administration and performance of this Agreement (" City' s Representative") City' s Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3 3 of this Agreement Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/ her designee 3 2 6 Consultant' s Representative Consultant hereby designates Connor Duckworth, Client Advisor or his/ her designee, to act as its representative for the performance of this Agreement (" Consultant' s Representative") Consultant' s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement The Consultant's Representative shall supervise and direct the Services, using his/ her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement
3 2 7 Cnordinatinn of 4prvires Consultant agrees to work closely with City staff in the performance of Services and shall be available to City' s staff, consultants and other staff at all reasonable times
3 2 8 Standard of Care Performance of Emnlovees 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 G trdSNarprca Tapa+F, ranceasinee6 License Secs s4ldL Ar7Oament 0: 21 Rare 0.30. 21 err commend Onx
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shall have sufficient skill and experience to perform the Seances assigned to them Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant' s failure to comply with the standard of care provided herein Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re- employed to perform any of the Services or to work on the Project
3 2 9 Period of Performance Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 31 2 above (" Performance Time') Consultant shall also perform the Services in stnct accordance with any completion schedule or Project milestones described in Exhibits " A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones') Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/ or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3210 Laws and Reaulatinns Fmp/In = eiI ahnr fsrtrfiratinn Consultant shall keep itself fully informed of and rn compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by law Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement All violations of such laws and regulations shall be grounds for the Crty to terminate the Agreement for cause 3 2 10 1 Emi tpvmant FY.eibility nsult' t Consultant certifies that it fully complies with all requirements and restnrons of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same Consultant certifies that it has not committed a violation of any such law within the five ( 5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement 3 2 10 2 Equal Opportunity Employment Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination Consultant shall also comply with all relevant provisions of City' s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted
3 2 10 3 Safety Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations. and shall exercise all necessary precautions for the safety of employees appropnate to the nature of the work and the conditions under which the work is to be performed il' enelVeron ea TerisffIrerRe1Bue, neca - mono Sereee:..WI. Ageen mt 512: Rey 4 30. 2' wconmer[:. docx

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3 211 Insurance
3 211 1 Minimum Recirements Without limiting Consultant s indemnification of City, and prior to commencement of the Seances, Consultant shall obtain, provide and maintain at its own expense dunng the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City A) General Liability Insurance Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1, 000, 000 per occurrence, $ 2. 000, 000 general aggregate, for bodily injury, personal injury, and property damage The policy must include contractual liability that has not been amended Any endorsement restricting standard ISO insured contract" language will not be accepted
B) Autpmobile Liabih [ insurance Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $ 1, 000, 000 combined single limit for each accident The City' s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/ her duties under this Agreement C) Professional Liahilt ( Frrnrs R Omiaainna) insurancee Consultant shall maintain professional liability insurance { hat covers the Services to be performed in connection with this Agreement, in the minimum amount of $ 1 000, 000 per claim and in the aggregate Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement D) Workers' Com nsation Insurance Consultant shall
maintain Workers' Compensation Insurance ( Statutory and Employer' s Liability Insurance with limits of at least $ 1, 000, 000) Consultant shall submit to City, along with the certrficate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers and representatives
E) Umbrella or Excess Liability insurance Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements In such circumstances, Consultant shall obtain and maintain an umbrella or excess liabdrty insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer' s liability Such policy or policies shall include the following terms and conditions
1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for any reason,
2) Pay on behalf of wording as opposed to reimbursement, 3) Concurrency of effective dates with pnmary policies, and oledtnVeronca Tenelrnacel2es' Mss 1. r» servReilH2 lgieee,en

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4) Policies shall " follow form" to the underlying primary policies
5) Insureds under primary policies shall also be insureds under the umbrella or excess policies
G) Cyber Liability Insurance Consultant shall procure and maintain Cyber Liability insurance with limits of $ 1. 000, 000 per occurrence/ loss, which shall include the following coverage
1) Liability arising from the theft, dissemination and/ or use of confidential or personally identifiable information, including credit monitonng and regulatory fines arising from such theft, dissemination or use of the confidential information
2) Network security liability arising from the unauthorized use of, access to, or tampenng with computer systems
3) Liability ansing from the failure of technology products software) required under the contract for Consultant to properly perform the services intended
4) Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name
infringement or improper deep -linking or framing, and
infringement or violation of intellectual property rights 5) Liability arising from the failure to render professional services
If coverage is maintained on a claims -made basis, Consultant shall maintain such coverage for an additional period of three ( 3) years following termination of the Agreement 3 211 2 Other Provisions or Reouirements
A) Proof of Insurance Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation Insurance certificates and endorsements must be approved by City' s Risk Manager prior to commencement of performance Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time
S) Duration of Coverane Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injunes to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/ her agents, representatives, employees or subconsultants C) Pnmary/ Non- C ntributirne Coverage provided by
Consultant 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 G HdalVerorlp Tapia%FiranceeBu, ress Lceneo $ eruexstH4L. Agweaant 6 '. 21 Rev 4.30 21 w coRUlmt4ocn
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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 setfinsurance shall be called upon to protect it as a named insured D) Citv' s Rlphts of Enforcement In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments In the alternative, City may terminate this Agreement
E) Acceptable Insurers AU 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 Bests Key Rating Guide, unless otherwise approved by the City's Risk Manager
F) Waiver of Subrogation All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss Consultant hereby waives its own nght of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants
G) Enforcement of Contract Provisions ( non Astor oil
Consultant acknowledges and agrees that any actual or alleged failure on the part of the Cr y to inform Consultant of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder
H) Rqquirements Not Limiting Requirements of specific
coverage features or limits contained in khis Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shalt be available to the City 1) Notice of Cancellation Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty ( 30) day notice of cancellation except for nonpayment for which a ten ( 10) day notice is required) or nonrenewal of coverage for each required coverage
J) Additional Insured Status General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims G? RlaWcralce Terie' Fifls» t3usmess License $ nnicas5t01 Acre * iI 5 1. 21 Roo 430.2' w camm, ra.doc.
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arising out of the performance of the Agreement, under such policies This provision shall also apply to any excess/ umbrella liability policies
K) Prohibition of Undisclnsed Cnverane Limitatinns None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing
L) Separation of Insureds A severability of interests provision must apply for all additional insureds ensuring that Consultant' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurers limits of liability The policy( ies) shall not contain any cross -liability exclusions M) Pass Throuoh Clause Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant Consultant agrees to monitor and review all such coverage and assumes all responsibilrty for ensuring that such coverage is provided in conformity with the requirements of this section Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review
N) CitVs Richt to Revise Soecifiratinns The City and the City' s Risk Manager reserve the right at any lime during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety ( 90) days advance written notice of such change If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant' s compensation If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice 0) Self -Insured Retentions Any self -insured retentions must be declared to and approved by City City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible Self- insurance will not be considered to comply with these specifications unless approved by City P) Timely Notice of Claims Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant' s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies
0) Additional Insurance Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services

3. 3 Fees and Payments.
3 31 Compensation Consultant shall receive oompensafon, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit " C" attached hereto and incorporated herein by reference The total compensation shall not exceed proposed amount included in consultant proposal (Exhibit B) without wntten approval of the City Council or City Manager as applicable
3 3 2 Payment of Compensation Consultant shall submit to City monthly Cx lidalVoinwra Tapla1FIMIlOe1:, nCY. ulcer*. SeMCO* IdL rccm4n1 5121 Rev 4.3021 w commode. nw doca
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invoices which provide a detailed descnption of the Services and hours rendered by Consultant City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges If the City disputes any of Consultant' s fees, the City shall give written notice to Consultant within thirty ( 30) days of receipt of an invoice of any disputed fees set forth therein Consultant shall submit its final invoice to City within thirty ( 30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment Payment shall not constitute acceptance of any Services completed by Consultant The making of final payment shall not constitute a waiver of any ctairns by the City for any reason whatsoever

3.3 3 Reimbursement fj, r Expenses Consultant shall not be reimbursed for any expenses unless authorized in writing b9 City, or included in Exhibit " C" of this Agreement 3 3 4 Extra Work At any time during the term of this Agreement, City may request that Consultant perform Extra Work As used herein, " Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but winch the Parties did not reasonably anticipate would be necessary at the execution of this Agreement Consultant shall not perform, nor be compensated for. Extra Work without written authonzation from the City.

3. 4 Labor Code Requirements.
3 41 Prevailing Wages Consultant is aware of the requirements of California Labor Code Section 1720, et seq , and 1770. et seq , as well as California Code of Regulations, Title 8, Section 16000, et seq , (" Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on " public works" and " maintenance" projects If the Services are being performed as part of an applicable " public works" or maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant' s principal place of business and at the project site It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777 5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability ansing out of any failure or alleged failure to comply with the Prevailing Wage Laws
3 4 3 )_ abor Certifications By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker' s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services
3 5 Accounting Records
3 5. 1 Mainterl nce an Ind ection Consultant shall maintain complete and accurate records with respecfto all costs aria expenses incurred under this Agreement All such records shall be clearly identifiable Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other 3': ba1Ve' onca 7avoisFn> 1raUSUdnee: Ltonse $ lMteV41d. Pgrtomonl 3 1 21 Rev 4.30.11' A' oon'mels.da$
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documents created pursuant to this Agreement Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three ( 3) years from the date of final payment under this Agreement
3 6 General Provisions.
3 6 1 Termination of Anreement

3. 6. 1. 1 r: rnrindc for Termination, City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least sixty ( 60) days before the effective date of such termination Consultant may, by written notice to City, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to City of such termination, and specifying the effective date thereof: at least ninety ( 90) days before the effective date of such termination Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation 3 61 2 Effect of Termination If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement Consultant shall be required to provide such document and other information within fifteen ( 15) days of the request 3 61 3 Additional Services In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated 3 6 2 Delivery of Notices All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in wnting for this purpose Consultant
City
1- idL Companies
120 S State College Blvd., Suite 200
Brea CA 92821
ATTN George Bannrn, Sales and Marketing
abonnin tbdlcompanies corn
City of Palm Desert
73- 510 Fred Wanng Drive
Palm Desert, CA 92260
ATTN Janet Moore, Director of Finance
imoore n cttvoloalmdesert oft)
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U S Mail, first class postage prepaid and addressed to the party at its applicable address Actual notice shall be deemed adequate notice on the date actual notice occurred. regardless of the method of service
3 6 3 rlwnprchin of Materials and Confidentiality
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3. 6 31 Documents & Data Licensing of Intellectual Pr ertv This Agreement creates a non- exclusive and perpetual license for Crdy, copy, use, moty, reuse, tor sublicense any and all copyrights, designs, and other intellectual property embodied inplans, specifications, studies, drawings, estimates, and other documents orworks of authorship fixed inany tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded oncomputer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data") All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission Within thirty (30) days following the completion, suspension, abandonment ortermination of this Agreement, Consultant shall provide to City reproducible copies ofall Documents & Data, inaform and amount required byCity City reserves the right to select the method of document reproduction and toestablish where the reproduction will beaccomplished The reproduction expense shall beborne by City at the actual cost of duplication In the event ofadispute regarding theamount of compensation to which the Consultant is entitled under thetermination provisionsofthis Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount Consultant shall have no nght to retain or fail to provide to City any such documents pending resolution ofthe dispute In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion ofthe Project, and shall make copies available toCity upon the payment of actual reasonable duplication costs Before destroying the Documents & Data following this retention period, Consultant shall make areasonable effort tonotify City andprovide City withthe opportunity to obtainthe documents 3.6 3 2 Pr9rwietary Information of Consultant As used in this Section, the term "proprietary information means any information that relates to Consultant' s computer or data processing programs, data processing applications, routines, subroutines, techniques or systems, or business processes City shall hold inconfidence and shall not disclose toany other party any of Consultant' s proprietary information inconnection with this Agreement, or otherwise learned or obtained by City in connection with this Agreement, unless disclosure isrequired under federal orstate law including without limitation the Freedom of Information Actorthe Public Records Request Act Consultant shall retain ownership and rights to all proprietary information. The obligations imposed by this Sectton shall survive any expiration or termination of this Agreement 3 6
3 3 Subconsultants Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents Data the subconsuttant prepares under this Agreement Consultant represents and warrants that Consultant has thelegal right to license any and all Documents & Data Consultant makes nosuch representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsuttants, or those provided to Consultant by the City 3 6 3 4 Right to Use City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement oron a project other than this Project without employing theservices of Consultant shall beat City' s sole nsk. If City uses or reuses the Documents & Data on any project other thanthis Project. ashall remove the Consultant'sseal from the Documents & Data and indemnify and holdharmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City G S, da\ Ve, men Tapaimer. thRunness 1.,m,a a $e, vi: edlbl. AO, marrt 5121 ROY

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upon completion, suspension, abandonment or termination Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant

3. 6 3 5 Indemnification — Documents and Data Consultant shall defend, indemnify and hold the City, its directors, officials, officers. employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary nght of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted
3 6 3 6 Confidentiatdv All ideas, memoranda, specifications, plans procedures, drawings, descriptions, computer program data, input record data, written information. and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant Such materials shall not, without the pnor written consent of City, be used by Consultant for any purposes other than the performance of the Services Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known. to the related industry shall be deemed confidential Consuttant shall not use City' s name or insignia, photographs of the Project, or any publrcrty pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City 3 6 3 7 Confidential Information The Cdy shall refrain from releasing Consultant' s propnetary information (" Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information Consultant shall have five (5) working days after receipt of the release notice to give City wntten notice of Consultant' s objection to the City' s release of Proprietary Information Consultant shall indemnify, defend and hold harmless the City, and its officers, directors employees, agents, volunteers and representatives from and against all liability, loss, cost or expense ( including attorney' s fees) arising out of a legal action brought to compel the release of Proprietary Information City shall not release the Proprietary Information after receipt of an objection notice unless either ( 1) Consultant fails to fully indemnify, defend ( with City' s choice of legal counsel), and hold City harmless from any legal action brought to compel such release. and/ or (2) a final and non -appealable order by a court of competent junsdiction requires that City release such information
3 6 4 Cnnneration Further Acts The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes ofthis Agreement 3 6 5 Cookvrative Purchasmo City acknowledges and agrees that any other public agency within the Slate ( e g , city, county. district, public authority, public agency, municipality or other political subdivision) may procure services that are substantially similar to any of the Services set forth in this Agreement, provided that such public agency executes a separate agreement with Consultant wherein the fees payable for the services rendered to such public agency are the responsibility of such public agency and not City i.VdolWronoa TogoffiMrx' SauneesUanse Serncdw1d1 Ageemmt 5 11 Rev 4.30. 21 a eommeats docx
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3 6 6 Indemnification
3 6 6 1 To the fullest extent permitted by law, Consultant shall defend ( with counsel approved by the City), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and ail claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials officers, employees, subconsultants or agents in connection with the performance of the Consultant' s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attomey' s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City Consultant' s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restncted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents volunteers or representatives
3 6 6 2 If Consultant' s obligation to defend, indemnify, and/ or hold harmless arises out of Consultant' s performance as a " design professional" ( as that term is defined under Civil Code section 2782 8), then, and only to the extent required by Civil Code section 2782 8, which is fully incorporated herein, Consultant' s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant' s liability for such claim, including the cost to defend, shall not exceed the Consultant' s proportionate percentage of fault 3 6 7 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements
3 6 8 Governing Law This Agreement shall be governed by the laws of the State of California Venue shall be in Riverside County
3 6 9 Time of Essence Time is of the essence for each and every provision of this Agreement

3. 610 Citv' s Riaht to Froqlow Other Consultants City reserves right to employ other consultants in connection with this Project
3 611 Successors and Assians This Agreement shall be binding on the successors and assigns of the Parties
3 612 As"vanment Suhrontractina Consultant shall not assign, sublet, or transfer this Agreement or any nghts under or interest in this Agreement without the written consent of the City, which may be withheld for any reason Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement
3 6 13 Constniction References Cat ions Since the Parties or their agents have participated fully in the preparation of this Agreemen;, the language of this Agreement shall be G: WnlVeroeieo Tapaffinannel8uaneet Ueenee SOrvbenMldL/ grconxnt

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construed simply, according to its fair meaning, and not stnctly for or against any Party Any term referencing time, days or penod for performance shall be deemed calendar days and not work days All references to Consultant include all personnel, employees, agents, and subconsuttants of Consultant. except as otherwise specified in this Agreement All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as otherwise specified in this Agreement The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or descnbe the scope, content, or intent of this Agreement
3 614 Amendment Modification No supplement, modification, or amendment of this Agreement shall be binding unless executed in wnting and signed by both Parties. 3 615 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition No waiver, benefit, pnvilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise
3 616 No Third -Party Reneficianes There are no intended third party beneficiaries of any right or obligation assumed by the Parties 3 617 Invalidity, Severability If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent junsdiction, the remaining provisions shall continue in full force and effect
3 618 Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability For the term of this Agreement, no member, officer or employee of City, dunng the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom
3 619 Authority to Enter Ac eement Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party 3 6 20 Counterparts This Agreement may be signed in counterparts, each of which shall constitute an original
3 6 21 Survival All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including; but not limited to, the indemnification obligations, shall survive any such expiration or termination SIGNATURES ON NEXT PAGE]
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Contract No. C41450

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND HDL COMPANIES
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 HDL COMPANIES
By L. TODD HILEMAN

CITY MANAGER
ATTEST
By City Clerk

APPROVED AS TO FORM
obeli ' fangneaver
By Best Best & Krieger LLP
City Attorney

REVIEWED BY

JANET M MOORE
Director of Finance
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PLEASE SEE THE

ATTACHMENT
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Contract No.

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 kJ' Anle--61
On Mft S Sem' 20Z1 before me, easy". 04N''` r- Notary Public, personally ppeared n8 4.. j
who proifed to me on the basis of satisfactory
evidence to be the peson se ann{(eher) is/are' subscnbed to the within instrument and acknowledged to me that helsMe1the r executed the same in histhew heirauthonzed capacity( ies) rand that by his/ hoc/ thew stgnature( sjin the instrument the persortescor the entity upon behalf of which the person($ - acted, executed the instrument
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Les Angeles County
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I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true WITNESS and correctmy 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
Partner( s)
Title( s)
Limited
r. General
Attorney -In -Fact
II Trustee( s)
t,i Guardian/ Conservator
Signer 11 Other is representing
Name Of Person(s) Or Entfy(tes)
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Title or Type of Document
Number of Pages
Date of Document
Signer( s) Other Than Named Above
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EXHIBIT " A"

SCOPE OF SERVICES

HDL COMPANIES PROPOSAL
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Contract No.
282
City of Palm
Desert, CA

TAX & FEE ADMINISTRATION SERVICES
April 27, 2021
HdL° Companies

SUBMITTED BY
HdL Companies
120 S. State College Blvd., Suite 200
Brea, CA 92821
hdlcompanies. com
CONTACT Connor Duckworth
T: 714- 879- 5000
E: cduckworth@hdlcompanies. com
283
Scope of Service
BACKGROUND: HdL Companies was founded in 1983 and since then has helped cities, counties, and special districts maximize revenues through allocation audits, financial and economic analysis As local tax experts, the firm also assists municipalities with Business License Administration Services, Business License Compliance and Audit Management, TOT Management, Short Term Rentals Discovery and Administration, Operations Support, Fee and Ordinance Analysis and other analytical services that allow cities and counties to expand the effectiveness of related internal operations Most of HdL's key staff members have extensive local government experience, having previously held positions in city management, finance, planning, economic development, or revenue collection As proposed, HdL will work with the City business license staff to assist with the administration of the City's business license program utilizing HdL's state of the art cloud -based business license software HdL's proposal for business license administration and management includes Business License Tax Oneratinns Management
HdL will transfer the City' s existing databases as they relate to business license tax into HdL' s internal administration tools. HdL will maintain the data and provide access to or copies of data or reports atihe City's request While access to online systems will be available for the City to use at their discretion, the City will not be required to use or maintain any software in house for managing the business license registry HdL will work in conjunction with the City during the implementation, and on an ongoing basis, to establish clear primary roles for the City and HdL to jointly facilitate the program prior to implementation The City and HdL will mutually agree on procedures for administering the business tax on an ongoing basis Renewal Processing — Send active business license accounts a renewal notice within 45 days of the renewal period ending Accounts will receive all applicable forms necessary to complete the renewal process.

New Account Processing — HdL will process any new business license applications and complete the new account registration process in a timely fashion HdL will also facilitate intra- city departmental approvals such as zoning, code compliance, fire inspection, and other regulatory related functions Delinquent Account Processing — HdL will endeavor to collect delinquent accounts through a senes of City approved processing methods This will include at minimum two follow up delinquent notices and up to two additional contacts via letter, email, or telephone Delinquent accounts will be collected with full penalties as allowed by the Municipal code or through current City practices Accounts that remain delinquent will be processed through the City approved processes established in HdL' s collections component of the Compliance Management Program
On -Line Filing & Payment Processing — HdL registers a City approved domain name which will serve as the starting point for all web -based activities This City specific site is designed to look and feel like the City' s own web pages and ensures a level of continuity between the business community, the City, and HdL With HdL Flex File businesses can choose to file their new business registration as well as renew their license and make payments via our on- line filing portal In addition to filing and paying for taxes, businesses can obtain copies of applications, general support and FAQs, schedule appointments and request copies of their tax registration all with the click of a button Our on- line services underscore HdL' s commitment to excellence in customer service and education by continually improving the registration and payment experience for the business community
Payment Posting/Processing — HdL will process mail, online and phone payments in an expedited manner The City will process payments received in person at the counter License accounts will be updated daily with 284
payment information and revenues received by HdL will be disbursed to the City net HdL' s service fees at an interval to be determined with the City during project implementation. HdL' s payment acceptance process accepts the following payment types
Check / Money Order! Cashier' s Check
Credit E- Debit CheckCards Cards (Visa, Mastercard, Discover, & American Express) Check by Phone
Business Support Center — HdL will provide businesses with multiple support options far registenng, renewing, making payments and for general inquiries A toll -free number will be provided to businesses in order to access one of our license specialists Monday -Friday 8 00am to 5 Oopm Pacific Businesses will also have access to support via, e- mail, fax, and via the Business Support Center On -Line HdL constantly monitors quality control points to ensure courteous customer service, minimal hold times under 2 minutes and the return of voice messages the same business day
Business License Tax - Revenue Discovery
Enriched Data Portfolio / Lead Identification — Utilizing data provided by the City, as well as the HdL Enriched Data Portfolio ( EDP), HdL' s team builds an enhanced listing of entities subjected to Iicensure or taxation including, but not limited to, those businesses physically located in the City, itinerant businesses, and entities participating in the sharing economy such as short-term rentals ( STRs), drive sharing services and others. These entities are electronically matched to the existing files of the City using advanced data matching algonthms, allowing HdL staff to identify which entities are compliant and which entities require follow up Field Surveys — Experienced field crews, equipped with the most advanced tools available ( mobile mapping/GPS systems, tablet computers pre -loaded with various City and state-wide databases, etc) may canvass commercial areas of the City to develop and enhance the leads identified in the EDP Field Surveys provide additional inventories of active businesses as well as to provide on -site venfications of data culled from other sources
Exception Resolution — Records are reviewed by our skilled team members, filtenng out records that may lead to erroneous contacts This extra step allows staff to find additional revenues not otherwise identifiable through electronic means and assists in reducing potential complaints levied at City staff and management from pursuit offalse positives
Compliance Communication and Outreach — Upon exception resolution, HdL staff initiates contact with the identified entities through a senes of City approved communication methods HdL makes every effort to simplify the process for taxpayers and utilizes a variety of mediums for communication including mail, telephone, email, and web -site access Potential non -compliant entities are notified of their options to comply or dispute their non -compliant status Initial notification packets include everything a business needs to become compliant and multiple methods of resolving their accounts Business Support Center — HdL operates a business support and service center where the business community can access expert staff during normal business hours Businesses calling our toll -free line can expect minimal hold times along with access to a variety of options which include filing support, payment options, resolution of specific tax issues and other services designed to reduce the burden of registering and filing taxes Our team of experts, including our resident Certified Revenue Officers ( CRO), implements a business friendly and education centric approach to supporting the business community in all aspects of the management and compliance process
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Business Support Center —Online — Businesses are encouraged to take advantage of the range of services available on- line, 24 hours a day, seven days a week. With HdL Flex File, businesses can choose to file their new business registration as well as make payments via our on- line filing portal In addition to filing and paying for taxes, businesses can obtain copies of applications, general support and FAQs, schedule appointments and request copies of their tax registration all with the click of a button Our on- line services underscore HdL' s commitment to excellence in customer service and education by continually improving the registration and payment experience for the business community
Document Submission / Processing — Whether the taxpayer chooses to respond by mail, email or our online filing website, each application submission is reviewed for completion and accuracy prior to processing Any additional documentation needed to complete the approval of a submission, such as a home occupation pennd, can also be requested or forwarded to other City departments either as a pre -requisite or as a courtesy to the business All submissions are filed and stored electronically and made available to the City via standard reporting processes or upon request
Invoicing — Once an application is approved, invoices are forwarded to the taxpayer indicating detailed tax calculations and balances owed Taxpayers are provided the opportunity to pay their balances via mail, online, or over the phone services Taxpayers will also have continued access to our Business Support Center for any questions or disputes ansing from the invoice process Registry Update — Upon collection of all requirements which may include the payment, application and/ or other documentation, HdL will prepare a Registry Update package to include payment as well as copies of all taxpayer correspondence and other relevant information Data in the City registry file stored in the HdL Prime Software Suite is updated daily with packages from the Compliance Management Services Once completed, the business will be processed through the standard processes approved through the HdL Operations Management Component.

Business License Tax — Audits Only
Analysis & Selection — Audit candidates are selected using a variety of selection methodologies developed by our audit team using decades of business license tax audit expenence Preliminary analysts reports on each business selected are shared with the City prior to moving through the audit phases Audit Notification & Scheduling — Businesses selected by HdL and approved by the City are sent a letter notifying them of a scheduled Compliance Analysis Audit Every effort is made to promote a positive experience for the taxpayer A detailed description of the requirements and relevant documentation required for the audit is provided to the business 2 weeks in advance of the proposed audit date If the business is unable meet the audit date selected by the City all efforts to reschedule the audit to a more accommodating date will be made Businesses are also afforded the opportunity to schedule flexible appointment times by contacting the Business Support Center or visiting our online support center Compliance Analysis & Audit — The HdL audit team will audit the financial records of the business to determine compliance with business tax regulations HdL validates taxing variables such as gross receipts and other relevant information for determining compliance In addition to identifying underreporting issues, the HdL Audit Program will also focus on other compliance related issues such as assunng correct classifications, multiple location allocation, apportionment issues, and identifying business to business relationships that may create tax liability for 3nd parties
Audit & Compliance Report — Upon completion of the audit and analysis, and pnor to additional actions, a compliance report will be generated and reviewed with the City The report will indicate specific results of the review and recommended future actions Documentation that substantiates the findings in the report will be included with the report to assist the City and HdL in determining next step of the process 286
Deficiency and Commendation Notification — Upon final review of the audit and analysis report businesses that are found to have deficiencies will be notified of the findings as well as the payment and appeal processes HdL will also work with businesses found to be defiaent to explain the current findings and educate taxpayers on proper future filing procedures so as to prevent future errors and deficiencies Businesses found to be in compliance, will be sent a commendation letter thanking them for their compliance Invoicing & Collections — Business found to be underreporting are invoiced through the standard City approved collections process Balances are collected and remitted along with supporting documentation to the City through the approved remittance processes
Transient Occupancy Tax — Operations Management Services HdL' s transient occupancy tax administration service goes beyond scheduled cyclical audits, providing compliance monitoring of each return as it is filed while unburdening the City from the day- to- day administration of the TOT revenue program Continual monitonng of returns is the optimal way to increase compliance: while maintaining positive relations with the City' s lodging providers The program is education focused, ensunng that lodging providers are clear on reporting requirements and methodology HdL' s tax administration professionals are available as needed to support both the City's team and the Citys lodging providers The City is kept up to date, with 24x7 online access to HdL' s client portal containing real time access to registration and filing data, and management reporting HdL' s TOT administration service incorporates all of the following
Tax Registration Database Management— HdL will transfer the City' s existing databases as they relate to TOT into HdL' s internal administration tools HdLwill maintain the data, software, online filing portal for lodging providers, and online client portal for the City
Return Processing — HdL will process TOT filings within 5 days of submission Accounts will receive all applicable forms necessary to complete the renewal process New Account Processing — HdL will process any new TOT registrations for Lodging Establishments that change hand or newly offered properties
Payment Posting 1 Processing — HdL will process all payments made for new and existing lodging providers Accounts will be updated with payment information and revenues will be remitted to the City net HdL' s fees on no less than a monthly basis
On -Line Filing & Payment Processing — With input from the City, HdL crafts a customized website and domain for the City' s taxpayers to submit online forms, returns, and payments along with other customer support related items
Compliance Monitoring & Lodging Provider Audits — HdL will ensure accurate filings of TOT returns by consistently monitoring returns and educating lodging providers on filing requirements HdL will also provide cyclical compliance audits as mutually agreed to by the City and HdL, ensuring all providers are audited at least once every three years
Reports — HdL' s TOT administration service includes a variety of standard reports demonstrating account activity and filing trends Dunng service implementation HdL will work with the City to identify reporting requirements and frequency/ method of delivery and will supplement our standard service with custom reports as needed to meet the City' s requirements
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Progress Payments — HdL' s TOT administration service is billed monthly based on activity completed during the prior month. If standalone audits are conducted, they are billed only upon completion of the audit.

Customer Support Center — HdL will provide lodging providers with muttiple support options for registering, filing returns, making payments and for general inquiries A toll -free number will be provided to businesses in order to access one of our tax specialists Lodging providers will also have access to support via e- mail, fax, and the online Business Support Center
Annual Audit Plan — During implementation, HdL gathers all the historical data available from the City and leverages internal data sources and expertise to provide an analysis of all lodging providers, along with a recommended audit schedule This allows HdL to work cooperatively with the City to identify the entities that require attention first HdL works directly with the City to ensure consensus on the audit schedule for the program.

Transient Occupancy Tax - Audit Onlv Service
HdL' s Transient Occupancy Tax Audit Service employs a business- fnendly approach which educates hoteliers in transient occupancy tax regulations and filing procedures, ensures compliance, and maximizes agency revenues The process incorporates the following
Ordinance and Filing Procedure Review — Analysis of Transient Occupancy Tax ordinances and agency procedures are conducted to identify possible deficiencies or other administration related issues Recommendations are made by the audit team for items such as to best practices, form design, and potential ordinance modifications to insure the most effective policies and controls Analysis Report— HdL' s audit team will obtain and conduct a review of the most recent 36 months of transient occupancy tax filings In order to verify and augment the data, the audit team will compile a variety of supplemental information on each property, including number of rooms, occupancy rate, physical condition, and business dynamics Data is then further scrutinized in order to identify unusual or suspicious reporting and/ or other variables that indicate cause for further review Information and findings are documented in the analysis report for review with the Agency
Analysis Review— Upon completion of the analysis report, meetings are scheduled with the agency to review the results as well as identify and recommend lodging providers who require additional investigation or examination to determine their compliance with the Agency' s ordinance Audit Notification & Scheduling — Lodging providers selected by HdL and approved by the Agency for an audit are sent a letter and scheduled for a Compliance Analysis Audit Every effort is made to promote a positive experience for the taxpayer Lodging providers will be reminded of the documents required for the audit that were discussed in webinars and previous communications Lodging providers are afforded the opportunity to schedule flexible appointment times by contacting the Business Support Center or visiting our online support center
Compliance Analysis & Audit — The HdL audit team reviews the books and records of the lodging provider to determine compliance with transient occupancy tax regulations HdL validates taxable gross rents, exemptions, bank statements, daily/ monthly summanes, and other relevant information for determining compliance Supporting documentation for relevant items such as exemptions will also be documented for accuracy
Audit & Compliance Report — Upon completion of the audit and analysis, and prior to additional actions, a compliance report is generated and reviewed with the Agency The report indicates specific results of the reviews and recommended actions Documentation will be included with the report to assist the Agency and HdL in determining next steps
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Deficiency and Commendation Notification — Upon final review with the Agency, lodging providers that are found to have deficiencies are notified of the findings as well as payment and appeal processes Appointments are also scheduled to review the findings and educate taxpayers on proper filing procedures designed to prevent future errors and deficiencies Lodging providers found to be compliant are sent a commendation letter thanking them for their cooperabon and compliance Invoicing & Collections — Lodging providers found to be underreporting are invoiced through the standard Agency approved collections process identical to the procedures approved for other Programs Balances are collected and remitted along with supporting documentation to the Agency through approved remittance processes
Short Term Rental - Operations Management Services
The Short -Term Rental ( STR) Program provided by HdL takes a unique approach In ensuring compliance and educating lodging providers, including short term rental hosts ( STR Hosts), in transient occupancy tax regulations and filing procedures, regulatory permits and licensing, and other City specific goals and objectives HdL' s program involves a modular, customer service centric approach, that reduces Crty administrative costs and provides the City with assurances of future compliance and reporting practices from the City' s short-term rental lodging industry
HdL' s modular approach starts with a detailed analysis of STR listing on a vanety of published methods:
including Airbnb, Home Away, VRBO: etc This process creates a full inventory of short-term rentals within the City' s proscribed geographic boundary, including the full name of the owner and the physical address of the unit. Each STR is tracked and updated nightly with valuable data that can include items such as number of nights rented, average occupancy rates, room rates, as well as trend and usage reporting Following identification, HdL conducts a targeted education and compliance campaign designed to inform STR Hosts of their obligations to file and remit taxes and other requisite licenses and permits as may be needed Each lodging provider is provided a full overview of the requirements and how to best comply both in the present and the future During the registration process, HdL offers a variety of support options to the community including online filing, file -by -phone, email, and registration via standard mail HdL tax and license specialists are available throughout the process to provide support to the STR community and to assist in the registration process
Once registered, accounts move into a standard administration process. HdL manages the filing of tax returns and other prerequisites on a quarterly or monthly basis, depending on City requirements This includes mailing of tax returns, processing of payments, customer support, delinquency follow up, and the development and management of an online portal for registration, filing, payments, and other support related needs STR Identification & Monitoring
HdL compiles a Irst of all actively posted short term rentals available from a wide array of sources Lists are compiled and aggregated to accommodate duplicate listings from various sites During the identification and monitoring process. HdL will
Scan over 20 different rental sites, including global aggregators like HomeAwayNRBO Airbnb, Turnkey coin, and Booking corn, national aggregators like Vacasa and Turnkey and small, local property management firms ,
Match Listings to specific parcels using GIS and property tax assessor data 289
Create comparison reports to determine which properties may already be compliant or registered and paying taxes
Provide visual map of all listings within the City
Record listing details such as start date, various sites linked to, other information necessary for documenting evidence of STR activity, and Continually monitor actively to identify and record new listings and closures to ensure accurate real-time identification and monitoring
Edrrcatinn. Raoistration and Comnliance
Using the list of active STR listings, HdL conducts a series of City approved education - based programs ranging from mailers to direct phone contacts Each packet contains all the information necessary to obtain registration and comply with local requirements HdL assists STR hosts throughout the program with information and support with all aspects of becoming compliant. During this program, HdL will Validate listing to ensure proper identification and filter out records that may lead to erroneous contacts
Notify non -compliant entities with a senes of education - based packets designed to garner compliance
Provide a support center for assistance with general questions, support and assistance with filing and paying returns
Provide online portal with links to FAQs, education packets, and support for registering, filing returns, and making payments online
Follow up with non -compliant accounts to obtain registration Work with City to identify additional requirements and ensure collection of data necessary to enforcement procedures
Establish optional implementation items such as amnesty programs, back tax and penalty provisions, and other pre- registratron programs
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EXHIBIT " B"

COMPENSATION
Business License Tax & Fee
Administration Services
Business License Operations Management
Hybrid software implementation, hosting, use
andsupport
Business Tax Compliance ( Discovery/Audits)
Business Tax Collections
Payment processing fees
15 001processed account + CPI
15, 000 1 ° t year, $ 8, 000 + CPI per year
thereafter
35% of all collected revenue
25% of all collected revenue
Agency funded - 2 9% credit cards, $0 50
eCheck Convenience fee - 2 9%. minimum $ 2 00

POTENTIAL FUTURE ADDITIONAL SERVICES
Short Term Rental Operations Management $ 15 OO\ monthly filing + CPI Short Term Rental Permitting S20\ penmt application + CPI Short Term Rental Compliance Services 35% of all revenue collected Multiservice Discount Opportunity
Eligible if bundled with HdL Sales Tax
Services attime of agreement
1s1 year hybnd access cost is reduced to
58, 000 ( a $ 7, 000 savings)
In the event that this Agreement is renewed pursuant to Section 31 2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Pnce Index, All Urban Consumers. Los Angeles -Riverside -Orange Counties ] utdawmcrica- 0.ffinsntezusbcs: L,cmle S ivcc: t: dt : V OKIII r[ 51. 2f Rev A. 30. 21 w codnie t6do2x 291
Business License Service Agreement
Final Audit Report 2021- 05- 07
Created 2021- 05- 07
By Veronica Tapia ( vtapia@cityofpalmdesert org)
Status Signed
Transaction ID CBJCHBCAABAAe1 H5_ nF5hKseToPNBsIAVAO7VDafUK5U Business License Service Agreement" History
t Document created by Veronica Tapia ( vtapia@cityofpalmdesert. org) 2021- 05- 07 - 4 54. 59 PM GMT- IP address 64 60 5. 80
E. Document emailed to Todd Hileman ( thileman@cityofpalmdesert. org) for signature 2021- 05- 07 - 4. 56. 21 PM GMT
t Email viewed by Todd Hileman ( thileman@cityofpalmdesert. org) 2021- 05- 07 - 5. 07.48 PM GMT- IP address 104 143 198 160 Oe Document e- signed by Todd Hileman ( thileman@cityofpalmdesert org) Signature Date 2021- 05- 07 - 5:08 07 PM GMT - Time Source server- IP address 47 184 100 74 O Agreement completed.
2021- 05- 07 - 5: 08: 07 PM GMT
0 Adobe Sign 292
Business License Service Agreement - signed
Final Audit Report 2021- 05- 07
Created 2021- 05- 07
By Janet Moore gmoore@cityofpalmdesert. org)
Status Signed
Transaction ID CBJCHBCAABAAgkSu5mcMzN0Y90AgiuvJU38yunHLvGlb Business License Service Agreement - signed" History
in Document created by Janet Moore (jmoore@cityofpalmdesert org) 2021. 05. 07 - 6: 31 38 PM GMT- IP address 64 60 5. 80
A Document e- signed by Janet Moore ( jmoore@cityofpalmdesert org) Signature Date 2021- 05- 07 - 6: 33 03 PM GMT - Time Source server- IP address 64 60. 5. 80 Document emailed to Gloria Sanchez ( gsanchez@cityofpalmdesert org) for signature 2021- 05- 07 - 6. 33. 07 PM GMT
in Email viewed by Gloria Sanchez ( gsanchez@cityofpalmdesert org) 2021- 05- 07 - 7.22. 21 PM GMT- IP address 104 128. 25 28 A Document e- signed by Gloria Sanchez ( gsanchez@cityofpalmdesert. org) Signature Date 2021- 05- 07 - 7. 22. 49 PM GMT - Time Source server- IP address 64 60. 5. 80 c'. Document emailed to Robert Hargreaves ( robert hargreaves@bbklaw com) for signature 2021- 05- 07 - 7 22 53 PM GMT
9 Email viewed by Robert Hargreaves ( robert hargreaves@bbklaw com) 2021- 05- 07 - 8: 12. 58 PM GMT- IP address 45. 41 142 15 4 Document e- signed by Robert Hargreaves ( robert. hargreaves@bbklaw com) Signature Date 2021- 05- 07 - 8 14 08 PM GMT - Time Source server- IP address 74 116. 243. 2 O Agreement completed
2021. 05. 07 - 8. 14. 08 PM GMT
0 Adobe Sign 293
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Contract No. C41450

BBK 72500.00001\32445060.1
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE

CITY OF PALM DESERT AND HINDERLITER, DE LLAMAS AND ASSOCIATES

1. Parties and Date.

This Amendment No. 2 to the made and entered into on April 10, 2025, between the City of Palm Desert (“City”) and Hinderliter, De Llamas and Associates (also known as HdL Companies), a Corporation, with its principal place of business at 120 S. State College Blvd., Suite 200, Brea, CA. 92821 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1(a) Agreement. The City and Hinderliter, De Llamas and Associates have entered into an agreement entitled “Professional Services Agreement” dated April 30, 2021. (“Agreement” or “Contract”) for the purpose of retaining the services of Hinderliter, De Llamas and Associates to provide Business License Tax and Fees Administration.

2.2(b) Amendment No. 2. The City and Hinderliter, De Llamas and Associates desire to amend the Agreement to Extend the Term.

2.3(c) Amendment Authority. This Amendment No. 2 is authorized pursuant to Section

3.6.14 of the Agreement.

3. Terms.

3.1(a) Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:

The term of this agreement shall be from April 30, 2021, to April 30, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedule and deadlines.

Exhibits “A” and “B” are hereby deleted in their entirety and replaced with Exhibit “A-1”, attached hereto and incorporated herein by reference.

3.2(b) Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.3(c) Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.4(d) Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or Amendment Number Amendment
Description
Amendment Date
1 Extend Term 03/24/2022
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Contract No. C41450

BBK 72500.00001\32445060.1
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5(e) Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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Contract No. C41450

BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF PALM DESERT

AND HINDERLITER, DE LLAMAS AND ASSOCIATES
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the Professional Services Agreement as of the day and year first above written.

CITY OF PALM DESERT
By:

Chris Escobedo
Interim City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

HINDERLITER, DE LLAMAS AND
ASSOCIATES, A CORPORATION.

By:

Richard Park
CFO
By:

Joshua Davis
VP of TFA
City Clerk QC: _____
Contract QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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Business License Tax and Fees Administration

SCOPE OF SERVICES
Consultant will provide the following Services relative to Client’s business license tax administration.

1. Operations Management Services

1.1. Maintain a database of Client businesses.

1.2. Receive and process applications, renewals and payments in a timely fashion.

1.3. Send renewal notices to active businesses within 30 days of the renewal period end date.

1.4. Provide multiple options for businesses to submit applications, renewals, or payments and to request support (including via website, email, mail, phone, and fax.) Consultant license specialists will be available for live interactions Monday through Friday, 8:00am to 5:00pm Pacific.

1.5. Remit revenue no less than monthly to Client.

1.6. Provide Client staff access to website portal offering business registry inquiry, reporting, and electronic department approval capabilities.

2. Compliance Services: 1) Identify and register businesses which are subject to licensure or taxation, 2) collect known debt as pertains to business license or tax.

2.1. Discovery Services – Applicable to accounts in Discovery process as of or prior to March 31, 2025.

2.1.1. Notify non-compliant businesses of their options to comply or dispute their noncompliant status. Notification and support to businesses will be facilitated through the website, mail, email, phone and fax.

2.1.2. Review information and forms submitted by the business for completion and accuracy, inclusive of any additional required documentation (i.e. home occupation permit). All submissions are filed and stored electronically and made available to Client upon request.

2.1.3. Provide businesses with detailed invoicing and options to pay via website, mail, and phone.

2.1.4. Remit revenue to Client no less than monthly, along with all business applications and any additional documentation.

2.2. Collection Services

2.2.1. Identify businesses subject to Client licensure or taxation which have known debt to Client and have failed to pay within an appropriate time frame.

2.2.2. Notify businesses of their options to comply or dispute their non-compliant status.

2.2.3. Provide businesses with detailed invoicing and options to pay via website, mail and phone.

2.2.4. Remit revenue to Client no less than monthly.

3. Online Payment Processing – Consultant’s services include PCI compliant payment processing services which support both credit card and eCheck transactions.

3.1. Client Responsibilities

3.1.1. As a condition to its receipt of the Service, Client shall execute and deliver any and all applications, agreements, certifications or other documents required by Consultant’s payment processor, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by Consultant’s payment processor. “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.

Exhibit "A-1" 298

3.1.2. Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights.

FEES

1. Operations Management Services

1.1. Fees for performing operations management Services shall be $20.00 for each processed account, which is any account for which an application or renewal/return was processed, or active account which was sent a renewal notice.

1.2. If this contract is extended beyond April 2026, then fees will be increased as of January 1st of each calendar year (beginning January 1, 2027) with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), West Region, as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”). Each annual increase in the Fees will be equal to the greater of two percent (2%) or the actual CPI Change and the lesser of ten percent (10%) or the actual CPI Change. For example, if the actual CPI Change is 1.5%, then the annual increase will be 2%, if the actual CPI Change is 3.5%, then the annual increase will be 3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10%.

1.3. Fees related to travel and lodging expenses are billed at cost and apply to all meetings (including implementation, training, operations and support). Travel expenses only apply to out-of-scope travel and must therefore be pre-approved by Client.

1.4. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.

2. Compliance Services

2.1. Fees for performing compliance Services apply to all monies received for the current tax/license period and any other prior period collected (including monies received for taxes, penalties, interest, and fees).

2.1.1.Fees for performing discovery Services shall be a contingency Fee of 40% of the revenues received as a result of the Services.

2.1.2.In the event that Client discovers a non-compliant business and reports the business to Consultant (including a calculation of all taxes/fees due), Consultant will categorize the business as a collection service effort and thus apply the lower collection Services contingency Fee rate.

2.1.3.Fees for performing collection Services shall be a contingency Fee of 25% of the revenues received as a result of the Services.

2.2. Consultant recognizes Client’s authority to waive or reduce the tax/fee debt of a business. Should Client decide to do so for a business whose deficiency was identified by Consultant, Consultant shall be entitled to compensation in the amount of one half (1/2) of the Fees Consultant would have otherwise earned. Deficiencies which are uncollectable due to insolvency or dissolution of the business, or for deficiencies which are otherwise incapable of collection (i.e. statute of limitation or other legal defense) shall not be considered a Client voluntary election to waive, and thus, Consultant would not be entitled to compensation related thereto under this provision.

2.3. The fee shall be paid notwithstanding any related Client assistance, work in parallel, and/or incurrence of attorneys’ fees or other costs or expenses in connection, with the relevant Services.

Exhibit "A-1" 299

2.4. Fees related to travel and lodging expenses are billed at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by Client.

2.5. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.

3. Payment Processing – Consultant will configure payment processing services to utilize either a taxpayer funded model (convenience fee) or Client funded model, as directed by Client. Client may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here.

3.1. Taxpayer funded model – Client authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.

3.1.1.Credit and debit card processing – 2.9% of transaction amount, minimum of $2.00

3.1.2.ACH/eCheck processing - $2.50 per transaction

3.2. Client funded

3.2.1.Credit and debit card processing – 2.9% of transaction amount

3.2.2.ACH/eCheck processing - $0.75 per transaction

3.3. Returned payments/NSF fee – Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account.

3.4. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service.

Exhibit "A-1" 300

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: April 10, 2025
PREPARED BY: Daniel Hurtado, Public Safety Analyst
Angelique Hodges, Management Aide
SUBJECT: AMENDMENT NO. 1 TO CONTRACT NO. C47070 WITH FLOCK SAFETY

FOR EXPANSION OF AUTOMATED LICENSE PLATE RECOGNITION
(ALPR) SYSTEM; APPROPRIATION AND USE OF CITIZENS OPTION

FOR PUBLIC SAFETY/SUPPLEMENTAL LAW ENFORCEMENT

SERVICES FUNDS
RECOMMENDATION:

1. Approve Amendment No. 1 to Contract No. C47070 with Flock Safety in the amount of $138,750 for the purchase and installation of 44 additional cameras.

2. Authorize appropriation in the amount of $133,000 from Fund 229-Public Safety Supplemental Law Enforcement Services Fund Balance (COPS/SLESF) to Account No. 2294210-4391400.

3. Authorize the City Manager to execute Amendment No. 1 and any necessary documents, and to make non-monetary modifications as needed.

BACKGROUND/ANALYSIS:

On February 15, 2024, the City Council approved a five-year agreement (Contract No. C47070) with Flock Safety to consolidate earlier phases of the City's ALPR program and secure a fixed subscription rate of $2,500 per camera per year for 113 units through June 30, 2029.

Due to the program’s ongoing success in aiding real-time investigations, recovering stolen property, and deterring crime, staff recommends expanding the City’s Automated License Plate Recognition (ALPR) system by 44 additional cameras. Deployment will be based on input from the Riverside County Sheriff’s Department (RSO), with priority on ingress/egress locations and public safety corridors.

The Live View cameras will be implemented as part of a 90-day pilot program, designed to evaluate the system’s operational value, community acceptance, and governance framework.

The program includes:
 Community outreach and education to increase transparency and awareness  Public engagement through surveys and scheduled public viewing sessions  Policy development and oversight refined in coordination with RSO  Feedback collection from residents, businesses, and stakeholders 301
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Flock Amendment No. 1 C47070

At the end of the pilot, the City Council will review the results and may choose to:
 Continue the program as proposed
 Halt further implementation
 Modify its scope or governance
This approach balances innovation with public input and ensures alignment with City values and community expectations.

To secure favorable pricing and eliminate implementation fees, the City submitted a non-binding Letter of Intent (LOI) to Flock Safety. The LOI locks in current pricing through June 30, 2029 and provides a 100% waiver of implementation fees through April 15, 2025, generating $10,400 in cost savings.

Hardware Costs (One-Time Purchase)
Camera Type Quantity Unit
Price
Subtotal
Standard ALPR Captures license plate data and vehicle
characteristics
29 $3,000 $87,000
Fixed/Flex ALPR Location-flexible license plate recognition for temporary coverage
3 $3,250 $9,750
Live View Cameras Evidence-capturing devices in real-time 9 $3,000 $27,000 Long-Range ALPR Captures clear images of vehicles
traveling at high speeds over long
distances
3 $5,000 $15,000
Gross Total for
New Cameras
44 — $138,750
*All cameras feature ALPR capabilities, with variations in range, mobility, and live video functionality Annual Subscription Costs
Group Qty Rate/Camera Annual Breakdown 5-Year Total
Existing (Locked Rate) 113 $2,500 $282,000 $1,412,500
New (Current Rate) 44 $3,000-$5,000 $138,750 $693,750*
Combined 157 — $421,250 $2,106,250
*This amount reflects the 48-months remaining in the 5-Year Agreement.

The COPS/SLESF program (AB 3229) provides a minimum annual grant allocation of $100,000 to cities for frontline law enforcement purposes.

As of the date of this report, the City has sufficient funding available. Staff request an appropriation of $133,000 from the COPS/SLESF Fund Balance (229) to support this purchase.

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

Strategic Plan:

This project directly supports Priority 1 of the City’s Strategic Plan: Enhance the Delivery of Public Safety Services, by leveraging technology to strengthen law enforcement efforts, improve response times, and support investigative operations.

FINANCIAL IMPACT:

The allocation of COPS/SLESF monies will fund the new equipment. The Riverside County Auditor Controller allocates the grant award in the County’s Supplemental Law Enforcement Services Account (SLESA) annually.

The funds are then deposited into Fund 229 COPS/SLESF Grant Monies, established by the City. While there is currently a small fund balance on the account, an appropriation in the amount of $133,000 to Account No. 2294210-4391400 is necessary to facilitate this request. There is no direct financial impact to General Fund with this action. The annual subscription cost will be included as part of the FY 2025-26 Annual Budget request.

ATTACHMENTS:

1. FLOCK Agreement C47070 (Original)

2. Palm Desert Police Department (RSO) SLESF Expenditure Plan

3. California Government Code Section 30061

4. Flock Amendment No. 1 C47070 DRAFT
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Contract No. C47070

CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 15th day of February, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73- 510 Fred Waring Drive, Palm Desert, California 92260- 2578 (" City") and FLOCK GROUP INC DBA FLOCK SAFETY, a Corporation, with its principal place of business at 1170 Howell Mill Road, NW Suite 210, Atlanta, Georgia 30318 (" Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as " Parties."

2. Recitals.

2. 1 Project.

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

Automated License Plate Recognition Software Subscription hereinafter referred to as " the Project").

2. 2 Consultant.

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

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

3. Terms.

3. 1 Scope of Services and Term.

3. 1. 1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit " A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit " A- 1" and attached hereto and incorporated herein by reference (" Federal Requirements"). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/ or the provisions of state law, the more stringent requirement shall control.

3. 1. 2 Term. The term of this Agreement shall be from July 1, 2024, to June 30, 2029, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

3. 2 Responsibilities of Consultant.

3. 2. 1 Independent Contractor• Control and Payment of Subordinates.

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

Any personnel performing the Services shall not be employees of City and shall at all times be Revised 07-2023
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under Consultant' s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3. 2. 2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit " B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2. 3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3. 2. 4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.

The key personnel for performance of this Agreement are as follows: Tonia Crump, Customer Success Manager, Major Accounts..

3. 2. 5 City' s Representative. The City hereby designates L. Todd Hileman, City Manager, or his/ her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (" City' s Representative"). City' s Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City' s behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant' s total compensation subject to the provisions contained in Section 3. 3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City' s Representative or his/ her designee.

3. 2. 6 Consultant's Representative. Consultant hereby designates Tonia Crump, Customer Success Manager, Major Accounts, or his/ her designee, to act as its representative for the performance of this Agreement (" Consultant' s Representative").

Consultant' s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant' s Representative shall supervise and direct the Services, using his/ her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3. 2. 7 Coordination of Services.

City staff in the performance of Services and shall be
other staff at all reasonable times.
2 Consultant agrees to work closely with
available to City' s staff, consultants, and
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3. 2. 8 Standard of Care: Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant' s failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re- employed to perform any of the Services or to work on the Project.

3. 2. 9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3. 1. 2 above (" Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits " A" or " B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant (" Performance Milestones").

Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/ or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

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

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

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

3.2. 10 Laws and Regulations, Employee/ Labor Certification. Consultant shall 3 Revised 07. 2023
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keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3. 2. 10. 1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub- subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five ( 5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.

3. 2. 10. 2 Egual Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City' s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3. 2. 10. 3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3. 2. 11 Insurance. RESERVED

3. 2. 11. 1 Minimum Requirements. Without limiting Consultant' s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.

A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1, 000,000 per occurrence, $2, 000, 000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO insured contract" language will not be accepted.

B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $ 1, 000,000 combined single limit for each 4 Revised 07- 2023
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accident. The City' s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/ her duties under this Agreement.

C) Professional Liability ( Errors & Omissions) Insurance.

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $ 1, 000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement.

D) Workers' Compensation Insurance. Consultant shall
maintain Workers' Compensation Insurance ( Statutory Limits) and Employer' s Liability Insurance with limits of at least $ 1, 000, 000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives.

E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer' s liability. Such policy or policies shall include the following terms and conditions:
1) A drop -down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncoilectible in whole or in part for any reason;
2) Pay on behalf of wording as opposed to reimbursement; 3) Concurrency of effective dates with primary policies; and 4) Policies shall " follow form" to the underlying primary policies.
5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

F) Fidelity Coverage. RESERVED
G) Cyber Liability Insurance,. Consultant shall procure and maintain Cyber Liability insurance with limits of $ 1, 000,000 per occurrence/ loss, which shall include the following coverage:
1) Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination, or use of the confidential information.
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2) Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
3) Liability arising from the failure of technology products software) required under the contract for Consultant to properly perform the services intended.
4) Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name
infringement or improper deep -linking or framing, and
infringement or violation of intellectual property rights. 5) Liability arising from the failure to render professional services
If coverage is maintained on a claims -made basis, Consultant shall maintain such coverage for an additional period of three ( 3) years following termination of the Agreement.

3. 2. 11. 2 Other Provisions or Reauirements.

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

B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/ her agents, representatives, employees or subconsultants.

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

D) City' s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement.

E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, Revised 07-2023
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with an assigned policyholders' Rating of A- ( or higher) and Financial Size Category Class VII ( or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City' s Risk Manager.

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

G) Enforcement of Contract Provisions ( non estoppel).

Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

H) Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 1) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation except for nonpayment for which a ten ( 10) day notice is required) or nonrenewal of coverage for each required coverage.

J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/ umbrella liability policies.

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

L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy( ies) shall not contain any cross -liability exclusions. 7 Revised 07-2023
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M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.

N) City' s Right to Revise Specifications. The City and the City' s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety ( 90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant' s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 0) Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these specifications unless approved by City.

P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant' s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

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

3. 2. 12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City' s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act ( 33 U. S. C. 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.

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

3. 3 Fees and Payments,

3. 3. 1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit " C" attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE MILLION, FOUR HUNDRED TWELVE THOUSAND, FIVE HUNDRED E
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DOLLARS ($ 1, 412, 500. 00) without written approval of the City Council or City Manager, as applicable.

3. 3. 2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant.

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

3. 3. 3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit " C" of this Agreement.

3. 3. 4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, " Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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

3. 4 Labor Code Requirements.

3.4. 1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (" Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on " public works" and " maintenance" projects. If the Services are being performed as part of an applicable " public works" or maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant' s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777. 5. 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3. 4. 2 Registration/ DIR Compliance. If the Services are being performed on a public works project of over $ 25, 000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $ 15, 000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725. 5 and 1771. 1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (" DIR"). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance i
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monitoring and enforcement by the DIR It shall be Consultant' s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant' s performance of Services, including any delay, shall be Consultant' s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify. and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4. 3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker' s Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

3. 5 Accounting Records.

3. 5. 1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three ( 3) years from the date of final payment under this Agreement.

3. 6 General Provisions.

3. 6. 1 Termination of Agreement.

3.6. 1. 1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3. 6. 1. 2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen ( 15) days of the request.

3. 6. 1. 3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven ( 7) days' written notice, order work on the Project to cease. Upon 10 Revised 07-2023
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termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.

3. 6. 1. 4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3. 6. 2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: FLOCK GROUP INC dba FLOCK SAFETY
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA, 30318
ATTN: TONIA CRUMP, CUSTOMER SUCCESS

MANAGER, MAJOR ACCOUNTS
City: City of Palm Desert
73- 510 Fred Waring Drive
Palm Desert, CA 92260- 2578
ATTN: L. TODD HILEMAN, CITY MANAGER
Such notice shall be deemed made when personally delivered or when mailed, forty- eight ( 48) hours after deposit in the U. S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6. 3 Ownership of Materials and Confidentiality.

3. 6. 3. 1 Documents & Data: Licensing of Intellectual Proverty. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (" Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City' s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen ( 15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the 11 Rewsed 07. 2023
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Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3. 6. 3. 2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non- exclusive and perpetual license for any Documents Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3. 6. 3. 3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City' s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant' s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3. 6. 3. 4 Indemnification — Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3. 6. 3. 5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City' s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3. 6. 3. 6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information (" Proprietary Information") unless the City' s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent 12 Revised 07- 2023
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jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five ( 5) working days after receipt of the release notice to give City written notice of Consultant' s objection to the City' s release of Proprietary Information_ Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense ( including attorney' s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: ( 1) Consultant fails to fully indemnify, defend ( with City' s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/ or ( 2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information.

3. 6. 4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

3. 6. 5 [ Reserved]

3. 6. 6 Indemnification.

3.6.6. 1 To the fullest extent permitted by law, Consultant shall defend ( with counsel of City' s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant' s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney' s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant' s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives.

3. 6. 6. 2
If Consultant's obligation to defend, indemnify, and/ or hold harmless arises out of Consultant's performance as a " design professional" ( as that term is defined under Civil Code section 2782. 8), then, and only to the extent required by Civil Code section 2782. 8, which is fully incorporated herein, Consultant' s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant' s liability for such claim, including the cost to defend, shall not exceed the Consultant' s proportionate percentage of fault.

3. 6. 7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.

3. 6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
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3. 6. 9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3. 6. 10 City s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3. 6. 11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3. 6. 12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3. 6. 13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3. 6. 14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3. 6. 15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3. 6. 16 No Third -Party Beneficiaries. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties.

3. 6. 17 Invalidity; Severabiiity. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3. 6. 18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term 14 Revised 07. 2023
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of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3. 6. 19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6. 20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3. 6. 21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

SIGNATURES ON NEXT PAGE]
15 Revised 07. 2023
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND FLOCK GROUP INC dba FLOCK SAFETY
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year'first above written. 117
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Best Best & Krieger LLP
City Attorney

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Contract No. C47070
SIGNATURE PAGE TO PROFESSIONAL. SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND FLOCK GROUP INC dba FLOCK SAFETY
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 DES FLOCK GROUP INC OCK SAFETY, A
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Contract No. C47070

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND FLOCK GROUP INC dba FLOCK SAFETY
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
Approve a o rim:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney
Revised 07. 2023
BSK 72500. 000OM2374915. 1
FLOCK GROUP INC dba FLOCK SAFETY, A

CORPORATION
By:

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General Counsel
Mike Molina
VP Legal, Deputy General Counsel
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Flock Safety + CA - City of Palm
Desert
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
MAIN CONTACTTonia Crump
tonic@flocksafety. com
4049329942
Created Date: 01/ 17/ 2024
Expiration Date 01/ 31/ 2024
Quote Number: Q- 56802
PO Number:
frock safety
325
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The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real- time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve
Software Platform
Flock Safety' s out -of -box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices. With unlimited user licenses, your ent, re law enforcement agency can access the real- time investigative leads needed to increase case clearance, protect the community, and decrease crime rates. 326
3ox Sc
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

The user- friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint'" technology. Search filters include:

Vehicle make
Body type
Color
License plates
o Partial tags
o Missing tags
o Temporary tags
o State recognition
Decals
Bumper stickers
Back racks
Top racks
National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross -jurisdiction crimes by opting into Flock Safety' s sharing networks, including one- toone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REVS
CCIC
FBI
Real- time Alerts Receive SMS, email, and in- app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live on - scene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.
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Transparency Portal Establish community trust with a public -facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard Access at -a -glance reporting to easily prove ROE, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.

Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.

Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot list Alert, add case notes, photos, reports, and other relevant case information.

Single Sign On ( SSO) Increase your login speed and information security with Okta or Azure Single Sign On ( SSO). Quickly access critical information you need to do your job by eliminating the need for password resets and steps in the log -in process.
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License Plate Recogrition
The Flock Safety Falcon'" LPR camera uses Vehicle Fingerprint'" technology to transform hours of footage into actionable evidence, even when a license plate isn' t visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location flexible deployment options with 30% more accurate reads than leading LPR.* Results from the 2019 side -by -side comparison test conducted by LA County Sheriff s Department Flock Safety Falcon'" LPR Camera Flock Safety Falcon" Flex Flock Safety Falcon'" XT Fixed, infrastructure - free LPR camera Location - flexible LPR camera designed Long- range, high- speed LPR camera designed for permanent placement. for fast, easy self -installation, which is that captures license plates and Vehicle ideal for your ever -changing Fingerprint data for increasing investigative needs. investigative leads on high - volume roadways like highways and interstates.

V 1 Standard LPR Camera
V 1 LPR Camera
Y Unlimited LTE data service + Flock OS
Y Unlimited LTE data service + software
Y 1 Long -Rage LPR Camera
platform licenses
icenses
Y Computing device in protective poly
Y 1 DOT breakaway pole
Y 1 portable mount with varying -sized
case
Y Dual solar panels
band clamps
Y AC Power
Y Permitting, installation, and ongoing
Y 1 Charger for internal battery
Y Permitting, installation, and ongoing
maintenance
d 1 hardshell carrying case
maintenance
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Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don' t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard- working team as part of our subscription service.

Implementation Meet with a Solutions Consultant ( former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work will get your device network approved, installed, and activated.

User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.

Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Note. Ongoing maintenance does not apply to Falcon Flex devices
Public Relations Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations
Share crimes solved in the local media with the help of our Public Relations team.
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EXHIBIT "Air
f ock safety
Budgetary Quote
This document Is for informational purposes only. Pricing Is subject to change.

Bill To: 73510 Fred Waring Drive Palm Desert. California 92260 Sh.p To: 73510 Fred Waring Drive Palm Desert, California 92260
Billing Company Name. CA - City of Palm Desert Subscription Term. 60 Months July 1, 2024 - June 30, 2029 Billing Contact Name. Payment Terms: Net 30
Billing Email Address Retention Period: 30 bays
Billing Phone Billing Frequency: Annual - First Year at Signing Hardware and Software Products
Annual recurring amounts over subscription term
Flock Safety Platform 292, 600. 00
Flock Safety Flock OS
FiockOS TV Included Included
Flock Safety LPR Products
Ilock Safety F' a: ton } Included i 3 Included
Professional Services and One Time Purchases
One Time Fees
Subtotal Year 1: 292 500 00
Annual Recurring Subtotal: S292 500. 00
Discounts: 292 500. 00
Estimated Tax: 0. 00
Contract Tots I: 81. 412. 6M. 00
Taxes shown above are provided as an estimate Actual taxes are the responsibility of the Customer This is not an invoice this document is a non- bonding proposal for informational purposes only Pricing is subject to change 331
Exhibit "A"
Flock Safety Platform $ 282. 500.00
Flock Safety Add- ons . S0, 00
Flock Safety Professional Services so 00
332
Exhibit "A"
Product and Services Description
Inst4a9ron on existing One- time Professional Services engagement- Includes site & safety assessment, camera setup & testing. and shipping & handling infrastructure lin accordance with the Flock Safety Advanced Implementation Service Brief Professional Services - One- time Professional Services engagement Includes site and safety assessment, camera setup and testing and shipping and Standard Implementation Fee handling in accordance with the Flock Safety Standard Implementation Service Brief Professional Services - One-time Professional Services engagement Includes site & safety assessment. camera setup & testing, and shipping & handing Advanced Implementation Fee in accordance with the Flock Safety Advanced Implementation Service Brief FlockOS Features & Description
Package: Essentials
Community Camoras ( Full Access)
Unlimited Users -------- -
w-. + — _
State Network ( LP Lookup Only)
Nationwide Network ( LP Lookup Only)
W
Direct Share. Surrounding Junsi iclion ( Fui Access)
Time & Location Based Search
LLicense Plate Lookup
Vehicso F;ngorprint Search
Flock insights.+Anaiytics page
11 ( ESRI Based Map Interface
Real -Time NCIC Alerts on Flock ALPR Cameras
Unlimited Custom Hot Lists
Access to all privately owned Flock devices within your lurasdichon that have been shared with YOU
Un' imiled users for FlockOS
Allows agencies to look up license plates on all cameras opted in to the statewide Flock network Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network - Access to all Flock devices owned by law enforcement that have been directly shared with you Have abilrly to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.

Search full, partial, and temporary plates by time at particular device locations_ vr,
Look up specific license plate location history captured on Flock devices Search footage using Vehicle Fingerprint"' technology- Access vehicle type, make, color, license Plate slater missing r covered plates, and other unique features like bumper stickers, decals, and rout racks.

Reporting tool to help administrators manage thahr LPR program with device performance data, user and network audits, plate read reports. hot list alert reports, event logs, and outcome reports Flock Safety' s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data. such as City infrastructure ( i. e.. pub` C facilities, transrt systems, utilities), Boundary mapping ( i. e.. precincts, county lines, beat maps), and Interior floor plans ( i e , hospitals, corporate campuses, universities) Alert sent when a vehicle ontered . nto the NCIC crime database passes by a Flock camera Ability to add a suspect' s hconso plate to a custom i st and get aloned when it passes by a Flock camera
333
334
335
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State of California

GOVERNMENT CODE
Section 30061
30061. (a)  There shall be established in each county treasury a Supplemental Law Enforcement Services Account (SLESA), to receive all amounts allocated to a county for purposes of implementing this chapter.
(b)  In any fiscal year for which a county receives moneys to be expended for the implementation of this chapter, the county auditor shall allocate the moneys in the county’s SLESA within 30 days of the deposit of those moneys into the fund. The moneys shall be allocated as follows:
(1)  Five and fifteen-hundredths percent to the county sheriff for county jail construction and operation. In the case of Madera, Napa, and Santa Clara Counties, this allocation shall be made to the county director or chief of corrections. (2)  Five and fifteen-hundredths percent to the district attorney for criminal prosecution.
(3)  Thirty-nine and seven-tenths percent to the county and the cities within the county, and, in the case of San Mateo, Kern, Siskiyou, and Contra Costa Counties, also to the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District, in accordance with the relative population of the cities within the county and the unincorporated area of the county, and the Broadmoor Police Protection District in the County of San Mateo, the Bear Valley Community Services District and the Stallion Springs Community Services District in Kern County, the Lake Shastina Community Services District in Siskiyou County, and the Kensington Police Protection and Community Services District in Contra Costa County, as specified in the most recent January estimate by the Demographic Research Unit of the Department of Finance, and as adjusted to provide, except as provided in subdivision (i), a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. For a newly incorporated city whose population estimate is not published by the Department of Finance, but that was incorporated prior to July 1 of the fiscal year in which an allocation from the SLESA is to be made, the city manager, or an appointee of the legislative body, if a city manager is not available, and the county administrative or executive officer shall prepare a joint notification to the Department of Finance and the county auditor with a population estimate reduction of the unincorporated area of the county equal to the population of the newly incorporated city by July 15, or within 15 days after the Budget Act is enacted, of the fiscal year in which an allocation from the SLESA is to be made. No person residing within the Broadmoor Police Protection District, the Bear Valley Community Services District,

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
337
the Stallion Springs Community Services District, the Lake Shastina Community Services District, or the Kensington Police Protection and Community Services District shall also be counted as residing within the unincorporated area of the County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city located within those counties. Except as provided in subdivision (i), the county auditor shall allocate a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. Moneys allocated to the county pursuant to this subdivision shall be retained in the county SLESA, and moneys allocated to a city pursuant to this subdivision shall be deposited in a SLESA established in the city treasury. (4)  Fifty percent to the county or city and county to implement a comprehensive multiagency juvenile justice plan as provided in this paragraph. The juvenile justice plan shall be developed by the local juvenile justice coordinating council in each county and city and county with the membership described in Section 749.22 of the Welfare and Institutions Code. The plan shall be reviewed and updated annually by the council. The plan or updated plan may, at the discretion of the county or city and county, be approved by the county board of supervisors. The plan or updated plan shall be submitted to the Office of Youth and Community Restoration by May 1 of each year in a format specified by the office that consolidates the form of submission of the annual comprehensive juvenile justice multiagency plan to be developed under this chapter with the form for submission of the annual Youthful Offender Block Grant plan that is required to be developed and submitted pursuant to Section 1961 of the Welfare and Institutions Code.
(A)  The multiagency juvenile justice plan shall include, but not be limited to, all of the following components:
(i)  An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and youth services resources that specifically target at-risk juveniles, juvenile offenders, and their families. (ii)  An identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety risk from juvenile crime, such as gang activity, daylight burglary, late-night robbery, vandalism, truancy, controlled substances sales, firearm-related violence, and juvenile substance abuse and alcohol use.
(iii)  A local juvenile justice action strategy that provides for a continuum of responses to juvenile crime and delinquency and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for at-risk youth and juvenile offenders.
(iv)  A description of the programs, strategies, or system enhancements that are proposed to be funded pursuant to this subparagraph.
(B)  Programs, strategies, and system enhancements proposed to be funded under this chapter shall satisfy all of the following requirements:
(i)  Be based on programs and approaches that have been demonstrated to be effective in reducing delinquency and addressing juvenile crime for any elements of response to juvenile crime and delinquency, including prevention, intervention, suppression, and incapacitation.
338
(ii)  Collaborate and integrate services of all the resources set forth in clause (i) of subparagraph (A), to the extent appropriate.
(iii)  Employ information sharing systems to ensure that county actions are fully coordinated, and designed to provide data for measuring the success of juvenile justice programs and strategies.
(C)  To assess the effectiveness of programs, strategies, and system enhancements funded pursuant to this paragraph, each county or city and county shall submit, by October 1 of each year, a report to the county board of supervisors and to the Office of Youth and Community Restoration on the programs, strategies, and system enhancements funded pursuant to this chapter. The report shall be in a format specified by the office that consolidates the report to be submitted pursuant to this chapter with the annual report to be submitted to the office for the Youthful Offender Block Grant program, as required by subdivision (c) of Section 1961 of the Welfare and Institutions Code. The report shall include all of the following:
(i)  An updated description of the programs, strategies, and system enhancements that have been funded pursuant to this chapter in the immediately preceding fiscal year.
(ii)  An accounting of expenditures during the immediately preceding fiscal year for each program, strategy, or system enhancement funded pursuant to this chapter. (iii)  A description and expenditure report for programs, strategies, or system enhancements that have been cofunded during the preceding fiscal year using funds provided under this chapter and Youthful Offender Block Grant funds provided under Chapter 1.5 (commencing with Section 1950) of Division 2.5 of the Welfare and Institutions Code.
(iv)  Countywide juvenile justice trend data available from existing statewide juvenile justice data systems or networks, as specified by the Office of Youth and Community Restoration, including, but not limited to, arrests, diversions, petitions filed, petitions sustained, placements, incarcerations, subsequent petitions, and probation violations, and including, in a format to be specified by the office, a summary description or analysis, based on available information, of how the programs, strategies, or system enhancements funded pursuant to this chapter have or may have contributed to, or influenced, the juvenile justice data trends identified in the report. (D)  The office shall, within 45 days of having received the county’s report, post on its internet website a description or summary of the programs, strategies, or system enhancements that have been supported by funds made available to the county under this chapter.
(E)  The Office of Youth and Community Restoration shall compile the local reports and, by March 1 of each year following their submission, make a report to the Governor and the Legislature summarizing the programs, strategies, and system enhancements and related expenditures made by each county and city and county from the appropriation made for the purposes of this paragraph. The annual report to the Governor and the Legislature shall also summarize the countywide trend data and any other pertinent information submitted by counties indicating how the programs, strategies, or system enhancements supported by funds appropriated under this chapter 339
have or may have contributed to, or influenced, the trends identified. The office may consolidate the annual report to the Legislature required under this paragraph with the annual report required by subdivision (d) of Section 1961 of the Welfare and Institutions Code for the Youthful Offender Block Grant program. The annual report shall be submitted pursuant to Section 9795, and shall be posted for access by the public on the internet website of the office.
(c)  Subject to subdivision (d), for each fiscal year in which the county, each city, the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District receive moneys pursuant to paragraph (3) of subdivision (b), the county, each city, and each district specified in this subdivision shall appropriate those moneys in accordance with the following procedures:
(1)  In the case of the county, the county board of supervisors shall appropriate existing and anticipated moneys exclusively to provide frontline law enforcement services, other than those services specified in paragraphs (1) and (2) of subdivision (b), in the unincorporated areas of the county, in response to written requests submitted to the board by the county sheriff and the district attorney. Any request submitted pursuant to this paragraph shall specify the frontline law enforcement needs of the requesting entity, and those personnel, equipment, and programs that are necessary to meet those needs.
(2)  In the case of a city, the city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides police services for that city. (3)  In the case of the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County, the legislative body of that special district shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief administrator of the law enforcement agency that provides police services for that special district.
(d)  For each fiscal year in which the county, a city, or the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County receives any moneys pursuant to this chapter, in no event shall the governing body of any of those recipient agencies subsequently alter any previous, valid appropriation by that body, for that same fiscal year, of moneys allocated to the county or city pursuant to paragraph (3) of subdivision (b). 340
(e)  For the 2011–12 fiscal year, the Controller shall allocate 23.54 percent of the amount deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 for the purposes of paragraphs (1), (2), and (3) of subdivision (b), and shall allocate 23.54 percent for purposes of paragraph (4) of subdivision (b). (f)  Commencing with the 2012–13 fiscal year, subsequent to the allocation described in subdivision (c) of Section 29552, the Controller shall allocate 23.54363596 percent of the remaining amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 for the purposes of paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent to the allocation described in subdivision (c) of Section 29552, shall allocate 23.54363596 percent of the remaining amount for purposes of paragraph (4) of subdivision (b). (g)  Commencing with the 2013–14 fiscal year, subsequent to the allocation described in subdivision (d) of Section 29552, the Controller shall allocate

23.54363596 percent of the remaining amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 for the purposes of paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent to the allocation described in subdivision (d) of Section 29552, shall allocate 23.54363596 percent of the remaining amount for purposes of paragraph (4) of subdivision (b). The Controller shall allocate funds in monthly installments to local jurisdictions for public safety in accordance with this section as annually calculated by the Director of Finance. (h)  Funds received pursuant to subdivision (b) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit unspent SLESA moneys received after April 1, 2009, to the Controller for deposit in the Local Safety and Protection Account, after April 1, 2012, to the Local Law Enforcement Services Account, and after July 1, 2012, to the County Enhancing Law Enforcement Activities Subaccount. This subdivision shall become inoperative on July 1, 2015. (i)  In the 2010–11 fiscal year, if the fourth quarter revenue derived from fees imposed by subdivision (a) of Section 10752.2 of the Revenue and Taxation Code that are deposited in the General Fund and transferred to the Local Safety and Protection Account, and continuously appropriated to the Controller for allocation pursuant to this section, are insufficient to provide a minimum grant of one hundred thousand dollars ($100,000) to each law enforcement jurisdiction, the county auditor shall allocate the revenue proportionately, based on the allocation schedule in paragraph (3) of subdivision (b). The county auditor shall proportionately allocate, based on the allocation schedule in paragraph (3) of subdivision (b), all revenues received after the distribution of the fourth quarter allocation attributable to these fees for which payment was due prior to July 1, 2011, until all minimum allocations are fulfilled, at which point all remaining revenue shall be distributed proportionately among the other jurisdictions.
(j)  The county auditor shall redirect unspent funds that were remitted after July 1, 2012, by a local agency to the County Enhancing Law Enforcement Activities 341
Subaccount pursuant to subdivision (h), to the local agency that remitted the unspent funds in an amount equal to the amount remitted.
(Amended by Stats. 2024, Ch. 50, Sec. 1. (AB 169) Effective July 2, 2024.) 342
Contract No. ___________