PALM DESERT CITY COUNCIL
MEETING AGENDA
Thursday, May 22, 2025
Closed Session 3:30 p.m.; Regular Session 4:00 p.m.
Council Chamber, City Hall
73-510 Fred Waring Drive
Palm Desert, California
REVISED AGENDA
Added Presentation 9c.
This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority and the Palm Desert Board of Library Trustees. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person, and up to two Councilmembers may attend remotely.
WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website:
www.palmdesert.gov under the “Council Agenda” link at the top of the homepage, or on the City's YouTube Channel.
OPTIONS FOR PARTICIPATING IN THIS MEETING:
If unable to attend the meeting in person, you may choose from the following options:
OPTION 1: VIA EMAIL
Send your comments by email to: [email protected].
Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the record and distributed to the City Council. Emails will not be read aloud at the meeting.
OPTION 2: LIVE VIA ZOOM
Access via palmdesert.gov/zoom or zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572.
1. OPTION 3: LIVE VIA TELEPHONE
1. (213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #.
2. Indicate that you are a participant by pressing # to continue.
During the meeting, press *9 to add yourself to the queue and wait for the City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes.
3. Pages
1. CALL TO ORDER - CLOSED SESSION - 3:30 P.M.
2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the threeminute time limit. Speakers may utilize one of the three options listed on the first page of this agenda.
3. RECESS TO CLOSED SESSION
4. CLOSED SESSION AGENDA
The following items will be considered in closed session:
4.a Closed Session Meeting Minutes: May 8, 2025
4.b Conference with Legal Counsel regarding Initiation of Litigation pursuant to Government Code Section 54956.9(d)4
[Number of potential cases: 1]
4.c Conference With Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
(One potential case) Canales v. City of Palm Desert, Riverside County Superior Court Case No. CVPS2502724
5. ROLL CALL - REGULAR MEETING - 4:00 P.M.
6. PLEDGE OF ALLEGIANCE
Councilmember Quintanilla
7. INSPIRATION
Councilmember Pradetto
8. REPORT OF CLOSED SESSION
City Attorney Shah
9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
9.a PROCLAMATION: BUILDING AND SAFETY MONTH 11
9.b PROCLAMATION: PUBLIC WORKS WEEK 13
9.c PRESENTATION: RIVERSIDE COUNTY ANIMAL SERVICES UPDATE -
TY PEABODY
10. CITY MANAGER COMMENTS
10.a SHERIFF DEPARTMENT UPDATE
11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Palm Desert City Council Meeting Agenda
May 22, 2025
2 12. NONAGENDA PUBLIC COMMENTS
This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the first page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting.
13. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion.
RECOMMENDATION:
To approve the consent calendar as presented.
13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND
HOUSING AUTHORITY MINUTES
15 RECOMMENDATION:
Approve the Minutes of May 8, 2025.
13.b APPROVAL OF WARRANT REGISTERS 27
RECOMMENDATION:
Approve the warrant registers issued for the period 5/1/2025 and 5/8/2025.
13.c APRIL 2025 PROCUREMENT REPORT 53
RECOMMENDATION:
Receive and file the monthly Procurement Report for April 2025.
13.d RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE
LICENSES
57 RECOMMENDATION:
Receive and file the application for Alcoholic Beverage License for Jacksons Food Stores Jackson 6843, 72300 Highway 111, Palm Desert
13.e RESOLUTION AMENDING AND RESTATING APPOINTMENTS TO THE
BOARD OF DIRECTORS OF THE PALM DESERT RECREATION
FACILITIES CORPORATION (PDRFC)
61 RECOMMENDATION:
Adopt a resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND
RESTATING THE APPOINTMENTS OF GINA NESTANDE, EVAN
TRUBEE, PHIL SMITH, AND OSCAR ARMIJO TO THE BOARD OF
DIRECTORS OF THE PALM DESERT RECREATION FACILITIES
CORPORATION, AND RESCINDING ANY PRIOR RESOLUTIONS IN
CONFLICT HEREWITH.”
Palm Desert City Council Meeting Agenda
May 22, 2025
3 13.f APPROVE RESOLUTION REVISING FISCAL YEAR 2024-25
APPROPRIATIONS LIMIT
95 RECOMMENDATION:
Adopt a resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, REVISING THE
ESTABLISHED APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2024-
25."
13.g APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C46710 WITH PARK CONSULTING GROUP, INC. FOR CONSUTLING AND PROJECT
MANAGEMENT SERVICES FOR THE IMPLEMENTATION OF CLARITI
LAND MANAGEMENT SYSTEM
103
RECOMMENDATION:
Approve Amendment No. 2 to Contract No. C46710 with Park Consulting Group, Inc. of Irvine, California, for Consulting and Project Management Services for the Implementation of Clariti Land Management System to increase compensation in an
amount not to exceed $299,880.
1. Authorize the City Attorney to make necessary non-monetary changes to the agreement.
2. Authorize the City Manager to execute the amendment and any other documents necessary to effectuate this action.
3. 13.h APPROVE MODIFIED CONTRACT AND ADDENDUM FOR
AFFORDABLE HOUSING COMPLIANCE AND PROPERTY
MANAGEMENT SERVICES WITH NATIONAL COMMUNITY
RENAISSANCE
141
RECOMMENDATION:
Approve modifications to the contract and addendum for Affordable Housing Compliance and Property Management Services for the Housing Authority (“Authority”)-owned Properties with National Community Renaissance.
13.i APPROVE AMENDMENT NO. 1 TO CONTRACT HA48770 WITH VM POOL REPAIR AND SERVICE, INC., TO INCREASE ADDITIONAL
SERVICES IN FISCAL YEAR 2024-25 AT PALM DESERT HOUSING
AUTHORITY PROPERTIES
187
RECOMMENDATION:
Approve Amendment No. 1 to contract HA48770 with V.M. Pool Repair and Service, Inc., to increase the not to exceed (NTE) amount for additional services in the amount of $20,000 for an aggregate NTE of $35,000.
1. Authorize Special Counsel to make any necessary non-monetary changes to the agreement.
2. Authorize the Executive Director to execute an amendment to the agreement and to take any necessary actions to effectuate the actions taken herewith.
3. Palm Desert City Council Meeting Agenda
May 22, 2025
4 13.j AUTHORIZE AN AMENDMENT TO CONTRACT NO. C46680 WITH INTERWEST CONSULTING GROUP, INC., EXTENDING THE
CONTRACT TERM THROUGH DECEMBER 31, 2025, WITH OPTION
FOR ONE ADDITIONAL ADMINISTRATIVE EXTENSION
225
RECOMMENDATION:
Authorize an amendment to Contract No. C46680 with Interwest Consulting Group, Inc., extending the contract term through December 31, 2025, and allowing for one additional one-year automatic extension, if necessary.
1. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
2. Authorize the City Manager or designee to execute the amendment and to review and approve all documents necessary to effectuate this agreement pursuant to Section 3.30.170 of the Palm Desert Municipal Code.
3. 13.k AWARD CONTRACT TO VINTAGE LANDSCAPE, OF BERMUDA DUNES, CA, FOR LANDSCAPE MAINTENANCE AREA NO. 16 AND
ADDITIONAL WORK (PROJECT NO. MLS00016)
295
RECOMMENDATION:
Award a maintenance services agreement with Vintage Landscape of Bermuda Dunes, California, for Landscape Maintenance Area No. 16 at an annual cost of $504,600, subject to CPI increases, for a three-year term, with two one-year extension options.
1. Authorize additional work for street maintenance and landscape services in an annual amount not to exceed $100,920.
2. Authorize the City Attorney to make necessary non-monetary changes to the agreement.
3. Authorize the City Manager to execute agreement, amendments, changes, and all documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.
4. 13.l RECEIVE AND FILE THE 2025 COMMERICAL BROKER’S REPORT 369 RECOMMENDATION:
Receive and file the 2025 Commercial Broker’s Report.
13.m AUTHORIZE AN AMENDMENT TO INCREASE THE CITY’S CONTRACT
WITH FG CREATIVE FOR EL PASEO PARKING & BUSINESS
IMPROVEMENT DISTRICT (EPPBID) MARKETING SERVICES BY
$50,000, FOR A TOTAL OF $325,000 FOR FISCAL YEAR 2024-25 381
RECOMMENDATION:
Authorize Amendment No. 5 to El Paseo Parking and Business Improvement District (EPPBID) Contract No. C43370 with FG Creative to increase compensation by $50,000, for a total contract amount not to exceed $325,000 for Fiscal Year 2024-25.
1. 2. Authorize the City Manager to execute the amendment.
Palm Desert City Council Meeting Agenda
May 22, 2025
5 13.n AWARD CONTRACT NO. C44200D TO AMERICAN LANDSCAPE, INC.,
OF CANOGA PARK, CALIFORNIA, FOR THE MOUNTAIN VIEW GOLF
COURSE TURF REDUCTION PROJECT (PROJECT NO. MLS00005)
431
RECOMMENDATION:
Award Contract No. C44200D to American Landscape, Inc., of Canoga Park, California, for the Mountain View Golf Course Turf Reduction Project at Desert Willow Golf Resort (DWGR) in the amount of $1,766,084.80.
1. Authorize the Finance Department to set aside 10% contingency in the amount of $176,600 for unforeseen circumstances.
2. Appropriate $1,942,685 from the unobligated Golf Course Capital Fund Balance to Account No. 4414195-4809200, DWGR Capital.
3. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
4. Authorize the City Manager to execute the agreement, approve written contract change order requests up to the contingency amount, and any documents necessary to effectuate the actions taken herewith.
5. Authorize the City Manager to execute the Notice of Completion (NOC) and authorize the City Clerk to file the NOC upon satisfactory completion of the project.
6. 13.o AWARD CONSTRUCTION CONTRACT TO AMERICAN ASPHALT SOUTH, INC., FOR THE 2025 SLURRY SEAL PROJECT, PROJECT NO.
CSL00001
471
RECOMMENDATION:
Award a construction contract to American Asphalt South, Inc., of Riverside, CA, in the amount of $2,710,175 for the 2025 Slurry Seal Project (Project No. CSL00001 / Project ID 2025-IFB-181).
1. Appropriate $1,210,175 from unobligated Measure A funds to the project account no. 2134134-4400200.
2. Authorize the City Attorney to make any 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 Palm Desert Municipal Code Section 3.30.170(B).
4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project.
5. Palm Desert City Council Meeting Agenda
May 22, 2025
6 13.p AWARD CONSTRUCTION CONTRACT TO VANCE CORPORATION
FOR THE EL PASEO STREET REHABILITATION PROJECT, PROJECT No. CST00024 – CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
DETERMINATION
497
RECOMMENDATION:
Make a finding that the project is categorically exempt from further review under the California Environmental Quality Act (CEQA) Guidelines, pursuant to Class 1, Section 15301 (Existing Facilities), and authorize the City Engineer to submit a Notice of Exemption.
1. Award a construction contract, including Bid Alternates 1 and 2, to Vance Corporation of Beaumont, CA, in the amount of
$4,803,488.92 for the El Paseo Street Rehabilitation Project (Project No. CST00024 / Project ID 2025-IFB-182).
2. Authorize an appropriation in the amount of $1,493,489 from Unobligated Gas Tax Funds to Account No. 2114314-4400200, and in the amount of $250,000 from Unobligated Capital Bond Funds to Account No. 4514679-5000102.
3. Authorize the Director of Finance to set aside 10% contingency in the amount of $480,000.
4. Authorize the City Attorney to make any non-monetary changes to the agreement.
5. Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Palm Desert Municipal Code Section 3.30.170(B).
6. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project.
7. Palm Desert City Council Meeting Agenda
May 22, 2025
7 13.q AWARD CONSTRUCTION CONTRACT TO MATICH CORPORATION
FOR THE ELDORADO DRIVE REHABILITATION PROJECT, PROJECT
NO. CST00023
527
RECOMMENDATION:
Make a finding that the project is categorically exempt from further review under the California Environmental Quality Act (CEQA) Guidelines, pursuant to Class 1, Section 15301 (Existing Facilities), and authorize the City Engineer to submit a Notice of Exemption.
1. Award a construction contract to Matich Corporation, of San Bernardino, CA, in the amount of $2,777,695.60 for the Eldorado Drive Rehabilitation Project, which includes the Base Bid of $2,735,535.60 and Bid Alternate #1 in the amount of $42,160.
2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $278,000.
3. Authorize the City Attorney to make necessary non-monetary changes to the agreement.
4. Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Palm Desert Municipal Code Section 3.30.170(B).
5. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project.
6. 14. ACTION CALENDAR
The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the three options listed on the first page of the agenda.
14.a APPROVAL OF REVISED DESIGN CONCEPT FOR CITYWIDE
WAYFINDING SIGNAGE (PROJECT NO. MST00003)
557
RECOMMENDATION:
Approve the revised wayfinding design concept for the Citywide Wayfinding Master Plan.
15. PUBLIC HEARINGS
The public may comment on individual Public Hearing Items within the threeminute time limit. The applicant or appellant will be provided up to five minutes to make their presentation. Speakers may utilize one of the three options listed on the first page of this agenda.
Palm Desert City Council Meeting Agenda
May 22, 2025
8 15.a PUBLIC HEARING ON CITY VACANCIES, RECRUITMENT AND RETENTION EFFORTS AS REQUIRED BY ASSEMBLY BILL 2561
573
RECOMMENDATION:
Hold a public hearing and receive and file the annual report on the status of City vacancies, recruitment, and retention efforts, as required by Assembly Bill 2561.
15.b INTRODUCE AN ORDINANCE AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.10 SHORT TERM RENTALS, ADOPT A POLICY FOR
SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE ESTATE
RESIDENTIAL ZONE, AND MAKING A FINDING OF EXEMPTION
UNDER CEQA
579
RECOMMENDATION:
Hold a public hearing and introduce an ordinance entitled, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, UPDATING CHAPTER 5.10 SHORTTERM RENTALS TO UPDATE REGULATIONS FOR THE
ESTATE RESIDENTIAL (RE) ZONE AND MAKING A FINDING
OF EXEMPTION UNDER CEQA.”
1. Adopt a resolution entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,
ADOPTING A CONSOLIDATED POLICY FOR SHORT-TERM
RENTAL HARDSHIP EXTENSIONS FOR THE TERMINATION
AND AMORTIZATION OF SHORT-TERM RENTALS WITHIN THE
HILLSIDE PLANNED RESIDENTIAL (HPR) AND ESTATE
RESIDENTIAL (RE) ZONES.”
2. 16. INFORMATION ITEMS
17. ADJOURNMENT
Palm Desert City Council Meeting Agenda
May 22, 2025
9 18. PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov by clicking “Meeting Agendas” at the top of the page.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible.
AFFIDAVIT OF POSTING
I, Michelle Nance, Acting Assistant City Clerk of the City of Palm Desert, do hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and Housing Authority, was posted on the City Hall bulletin board and City website www.palmdesert.gov no less than 72 hours prior to the meeting.
/S/ Michelle Nance
Acting Assistant City Clerk
Palm Desert City Council Meeting Agenda
May 22, 2025
10 WHEREAS, the City of Palm Desert is committed to recognizing that our growth and strength depends on the safety and essential roles our homes, buildings, and infrastructure play, both in everyday life and when disasters strike; and
Whereas, our confidence in the resilience of these buildings that make up our community is achieved through the devotion of vigilant guardians: building and safety officials, fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers, and others in the construction industry, who work year-round to ensure the safe construction of buildings; and Whereas, these guardians are dedicated members of the International Code Council, a nonprofit organization that brings together local, state, territorial, tribal and federal officials who are expertsin the built environment to create and implement the highest-quality codes and standards to protect us in the buildings where we live, learn, work and play; and
Whereas, these modern building codes and standards include safeguards to protect the public from hazards such as hurricanes, snowstorms, tornadoes, wildlife, floods, and earthquakes; and Whereas, Building Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities’ largely unknown protectors of public safety, our code officials, who assure us of safe, sustainable, and livable buildings that are essential to America great; and Whereas, the theme for Building Safety Month 2025 is “Game On!” It encourages us all to get involved and raise awareness about building safety on a personal, local, and global scale; and Whereas, each year, in observance of Building Safety Month, people all over the world are asked to consider the commitment to improve building safety, resilience, and economic investment at home and in the community, and to acknowledge the essential services provided to all of us; and NOW, THEREFORE, BE IT RESOLVED, that I, Jan C. Harnik, Mayor of the City of Palm Desert, on behalf of the City Council, do hereby proclaim the month of May 2025 as:
Building Safety Month
In the City of Palm Desert in recognition of the essential services provided by local, state, tribal, territorial, and federal building and fire prevention departments, in protecting lives and property.
In Witness Whereof, I have hereunto set my hand
and have caused the Official Seal of the City of
Palm Desert, California, to be affixed this 22nd day
of May 2025.
11 12
WHEREAS, public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life, and well-being of the people of the City of Palm Desert; and WHEREAS, these infrastructure, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders, and children in the City of Palm Desert to gain knowledge of and maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and
WHEREAS, the year 2025 marks the 65th annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association.
NOW, THEREFORE, I, Jan C. Harnik, Mayor of the City of Palm Desert, along with the entire City Council, do hereby designate the week of May 18-24, 2025, as
National Public Works Week
and urge our citizens to join with representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and staff and to recognize the substantial contributions they make to protecting our national health, safety, and advancing quality of life for all.
In Witness Whereof, I have hereunto set my hand and have caused the Official Seal of the City of Palm Desert,
California, to be affixed this 22nd day of May 2025.
13 14
1 Study Session of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Minutes
May 8, 2025, 12:00 p.m.
Present: Mayor Jan Harnik, Councilmember Gina Nestande, Mayor Pro Tem Evan Trubee, Councilmember Karina Quintanilla,
Councilmember Joe Pradetto
1. CALL TO ORDER - STUDY SESSION
A Study Session of the Palm Desert City Council was called to order by Mayor Harnik on Thursday, May 8, 2025, at 12:00 p.m., in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.
2. STUDY SESSION TOPICS
2.a FISCAL YEAR 2025-26 BUDGET STUDY SESSION – PRESENTATION OF
PROPOSED FINANCIAL PLAN AND FIVE-YEAR CAPITAL IMPROVEMENT
PROGRAM
City Manager Escobedo and Finance Director Chavez narrated a PowerPoint presentation and responded to City Council inquiries. Department directors provided summaries of their respective departmental budgets and responded to City Council inquiries.
3. ADJOURNMENT
The City Council adjourned the Study Session at 3:01 p.m.
Respectfully submitted,
_________________________
Michelle Nance
Acting Assistant City Clerk, CMC/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
15 16
Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Regular Meeting Minutes
May 8, 2025, 3:45 p.m.
Present: Mayor Jan Harnik, Councilmember Gina Nestande, Mayor Pro Tem Evan Trubee, Councilmember Karina Quintanilla,
Councilmember Joe Pradetto
1. CALL TO ORDER - CLOSED SESSION - 3:45 P.M.
A Regular Meeting of the Palm Desert City Council was called to order by Mayor Harnik on Thursday, May 8, 2025, at 3:45 p.m., in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.
2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
None.
3. RECESS TO CLOSED SESSION
Mayor Harnik adjourned to Closed Session at 3:45 p.m.
4. CLOSED SESSION AGENDA
The following items were considered in closed session:
4.a Closed Session Meeting Minutes: April 24, 2025
4.b Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) (Number of potential cases: 1)
5. ROLL CALL - REGULAR MEETING - 4:00 P.M.
6. PLEDGE OF ALLEGIANCE
Councilmember Pradetto led the Pledge of Allegiance.
7. INSPIRATION
Councilmember Quintanilla provided words of inspiration.
8. REPORT OF CLOSED SESSION
City Attorney Shah stated that direction was given by the City Council; no reportable actions were taken.
9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
17 City Council Meeting Minutes
May 8, 2025
2 9.a PROCLAMATION: HOLOCAUST REMEMBRANCE DAY
Mayor Harnik presented a proclamation to Danny Labin and Arnie Gilman, representing the Jewish Federation of the Desert, in commemoration of Holocaust Remembrance Day.
9.b PROCLAMATION: POLLINATOR WEEK
Mayor Harnik presented a proclamation to Community Services Manager Muir in recognition of Pollinator Week.
9.c AWARDS: CIVIC ACADEMY PARTICIPANTS CERTIFICATES
Mayor Harnik and Community Relations Supervisor Penta recognized the following individuals for completion of the Palm Desert Civic Academy:
Amando Sanders Laura Bickford
Bert Sugayan Lisa Longoria
Brook Marshall Lori Sanford
Carrie McLeod Mary Curry
Elizabeth Meyerhoff Mike Morsch
Gayla Brown Robert McConnaughey
James Hutfilz Samantha Shapiro
Janet Davidson Sonya Donaldson
Jenifer Ramirez Pimentel Suzanne Nixon
Jessica Walker Tim Skogen
Joanne Ohanesian William Robinette
John T. Doan
9.d PRESENTATION: FRIENDS OF THE DESERT MOUNTAINS WILDFLOWER
FESTIVAL
Tammy Martin, representing the Friends of the Desert Mountains, narrated a PowerPoint presentation highlighting the success of the 2025 Wildflower Festival.
10. CITY MANAGER COMMENTS
None.
11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers provided updates on their attendance at various events.
12. NONAGENDA PUBLIC COMMENTS
None.
13. CONSENT CALENDAR
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Pradetto
To approve the consent calendar as presented.
Motion Carried (5 to 0)
18 City Council Meeting Minutes
May 8, 2025
3 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Pradetto
Approve the Minutes of April 24, 2025.
Motion Carried (5 to 0)
13.b APPROVAL OF WARRANT REGISTERS
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Pradetto
Approve the warrant registers issued for the period 3/26/2025 to 5/2/2025.
Motion Carried (5 to 0)
13.c RATIFICATION OF A LETTER OF OPPOSITION FOR SENATE BILL 634 (PÉREZ): HOMELESSNESS – CIVIL AND CRIMINAL PENALTIES
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Pradetto
Ratify the issuance of a letter of opposition for SB 634 (Pérez): Homelessness – Civil and Criminal Penalties.
Motion Carried (5 to 0)
13.d APPOINTMENT TO THE COACHELLA VALLEY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (CVMSHCP) TRAILS MANAGEMENT
SUBCOMMITTEE
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Pradetto
1. With regret, accept the resignation of Donna Beane as the City’s representative to the CVMSHCP Trails Management Subcommittee.
2. Appoint Shawn Muir as the City’s representative and Kevin Swartz as the alternate representative to the CVMSHCP Trails Management Subcommittee for a term ending June 30, 2026.
Motion Carried (5 to 0)
19 City Council Meeting Minutes
May 8, 2025
4 13.e UPDATE TO ELECTRONIC SIGNATURE USE GUIDELINES
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Pradetto
Receive and file an administrative update to the City’s Electronic Signature Use Guidelines to allow digital signatures for City lease agreements.
Motion Carried (5 to 0)
13.f RATIFICATION AND UPDATE OF VENDOR AND CONTRACTOR
PREQUALIFICATION LIST FOR SUBMISSIONS THROUGH APRIL 18, 2025 Motion by: Councilmember Quintanilla
Seconded by: Councilmember Pradetto
Ratify the updated prequalified vendor and contractor list through April 18, 2025, for the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and Desert Willow Golf Resort.
Motion Carried (5 to 0)
13.g RESOLUTION 2025-026 UPDATING OUTSIDE AGENCY FUNDING
PROGRAM COMMITTEE MEMBERS
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Pradetto
Adopt Resolution 2025-026 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING THE OUTSIDE
AGENCY CHARITABLE CONTRIBUTIONS FUNDING COMMITTEE MEMBERS AND RESCINDING RESOLUTION NO. 2024-002.”
Motion Carried (5 to 0)
13.h HOUSING AUTHORITY RESOLUTION ESTABLISHING DATES FOR
REGULAR MEETINGS OF THE PALM DESERT HOUSING COMMISSION
DURING FISCAL YEAR 2025-2026
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Pradetto
Adopt Resolution HA-130 entitled “A RESOLUTION OF THE PALM DESERT
HOUSING AUTHORITY, SETTING THE SCHEDULE FOR REGULAR
MEETINGS OF THE PALM DESERT HOUSING COMMISSION IN FISCAL YEAR 2025/2026.”
Motion Carried (5 to 0)
20 City Council Meeting Minutes
May 8, 2025
5 13.i RELEASE PARTICULATE MATTER (PM10) BONDS FOR COMPLETED
PROJECTS
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Pradetto
Release the following PM 10 Bonds:
1. Alpha Holdings (PG21-0010) in the amount of $2,420.
2. DOLCE Tract 31071 (PG21-0022) in the amount of $35,700.
3. Bond for Gerald Ford Apartments (RG22-0009) in the amount of $13,640.
4. Bond for West Coast Self Storage (PG23-0025) in the amount of $4,220.
Motion Carried (5 to 0)
13.j UPDATE ON THE MAYORS’ MONARCH PLEDGE AND POLLINATOR WEEK Motion by: Councilmember Quintanilla
Seconded by: Councilmember Pradetto
Receive and file the update on the City’s participation in the Mayors’ Monarch Pledge and recognition of Pollinator Week.
Motion Carried (5 to 0)
13.k RATIFY AMENDMENT NO. 4 TO CONTRACT NO. C44200 WITH HERMANN
DESIGN GROUP FOR THE DESIGN OF DESERT WILLOW GREENS AND
TEE BOX RENOVATION PROJECT AND TURF REDUCTION ON FIRECLIFF AND MOUNTAIN VIEW COURSES IN THE AMOUNT OF $57,500 (MLS00005) Motion by: Councilmember Quintanilla
Seconded by: Councilmember Pradetto
Ratify Amendment No. 4 to Contract No. C44200 with Hermann Design Group for the design of Desert Willow Firecliff Greens and Tee Box Renovations and Turf Reduction for both the Firecliff and Mountain View Courses in an amount not to exceed $57,500.
Motion Carried (5 to 0)
21 City Council Meeting Minutes
May 8, 2025
6 13.l APPROVE THE START OF PROCEEDINGS TO LEVY AND COLLECT
ANNUAL ASSESSMENTS AND GRANT PRELIMINARY APPROVAL OF THE 2025/26 ENGINEER’S REPORT FOR CONSOLIDATED PALM DESERT
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO.1
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Pradetto
1. Adopt Resolution 2025-027 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING
ITS INTENTION TO INITIATE PROCEEDINGS FOR THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS FOR CONSOLIDATED
PALM DESERT LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 1 FOR FISCAL YEAR 2025/2026.”
2. Adopt Resolution 2025-028 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING
ITS INTENTION TO LEVY AND COLLECT THE ANNUAL
ASSESSMENTS FOR CONSOLIDATED PALM DESERT LANDSCAPING
AND LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2025/2026 AND PRELIMINARY APPROVAL OF THE ENGINEER’S
REPORT,” and setting a Public Hearing to be held at Palm Desert City Hall on Thursday, June 26, 2025, at 4 p.m.
Motion Carried (5 to 0)
13.m APPROVE THE START OF PROCEEDINGS TO LEVY AND COLLECT THE
ANNUAL ASSESSMENT FOR CITY OF PALM DESERT BENEFIT
ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2025/26
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Pradetto
1. Adopt Resolution 2025-029 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING
PROCEEDINGS FOR THE LEVY AND COLLECTION OF
ASSESSMENTS FOR PALM DESERT BENEFIT ASSESSMENT
DISTRICT NO. 1 FOR FISCAL YEAR 2025/2026.”
2. Adopt Resolution 2025-030 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING
ITS INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2025/2026, PURSUANT TO THE BENEFIT ASSESSMENT ACT
OF 1982 AND APPOINTING A TIME AND PLACE FOR THE PUBLIC
HEARING ON THESE MATTERS,” and setting a Public Hearing to be held at Palm Desert City Hall on Thursday, June 26, 2025, at 4:00 p.m.
Motion Carried (5 to 0)
22 City Council Meeting Minutes
May 8, 2025
7 14. ACTION CALENDAR
None.
15. PUBLIC HEARINGS
15.a ADOPT AND APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBSTANTIAL AMENDMENTS TO THE ANNUAL ACTION PLANS FOR PROGRAM YEARS 2020(CV), 2021, 2022, 2023, AND 2024
Supportive Services Manager Tenorio narrated a PowerPoint presentation and responded to City Council inquiries.
Mayor Harnik opened and closed the public hearing, there being no member of the public wishing to speak.
Motion by: Councilmember Pradetto
Seconded by: Mayor Pro Tem Trubee
1. Conduct a public hearing, receive public testimony, and approve the Substantial Amendment to the PY 2020, 2021, 2022, 2023, and 2024 Annual Action Plans.
2. Adopt the Substantial Amendment to PY 2020 (CV) to reallocate $180,000 in remaining CDBG-CV funds to the Desert Arc HVAC Replacement Project, an eligible public facility upgrade.
3. Adopt the Substantial Amendment to PY 2021 to reallocate $59,723.44 in unspent funds to the PY 2024 for Palm Desert Housing Authority (PDHA) public infrastructure improvements.
4. Adopt the Substantial Amendment to PY 2022 to reallocate $32,467.73 in unspent funds to PY 2024 for PDHA public infrastructure improvements.
5. Adopt the Substantial Amendment to PY 2023 to reallocate $50,000 in unspent funds to The Joslyn Center for ADA bathroom improvements.
6. Adopt the Substantial Amendment to PY 2024 to allocate $110,000 in remaining funds to the City’s Housing Authority for PDHA public infrastructure improvements.
7. Authorize the Director of Finance to appropriate funds for the applicable CDBG Accounts, if necessary to implement the approved amendments.
Motion Carried (5 to 0)
23 City Council Meeting Minutes
May 8, 2025
8 15.b PROPOSED PLAN FOR BOND ISSUANCE BY THE CALIFORNIA
STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR PHASE I OF
THE PALM VILLAS AT MILLENNIUM APARTMENT PROJECT LOCATED
NORTH OF GERALD FORD DRIVE BETWEEN DINAH SHORE DRIVE AND
TECHNOLOGY DRIVE
Finance Director Chavez provided a staff report and responded to City Council inquiries.
Mayor Harnik opened and closed the public hearing, there being no member of the public wishing to speak.
Motion by: Councilmember Pradetto
Seconded by: Councilmember Nestande
1. Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”) in connection with the proposed issuance in one or more series of revenue bonds by the California Statewide Communities Development Authority (“CSCDA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed Sixty Five Million Dollars ($65,000,000) (the “Bonds”), to finance the acquisition, construction and development of Phase I of Palm Villas at Millennium Apartments, 121-units of a 241-unit multifamily affordable rental housing project located north of Gerald Ford Drive between Dinah Shore Drive and Technology Drive, Palm Desert, California (the “Phase I of Project”) and receive public comments.
2. Adopt Resolution 2025-031 entitled “A RESOLUTION OF THE CITY COUNCIL OF The CITY OF PALM DESERT, CALIFORNIA, APPROVING
THE ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY OF EXEMPT FACILITY BONDS FOR
PHASE I OF PALM VILLAS AT MILLENNIUM,” approving the issuance of the Bonds by CSCDA for the benefit of PD Millennium Partners, L.P., a California Limited Partnership (the "Borrower") a partnership of which Palm Communities (the "Developer") or a related person to the Developer is the general partner, to provide for the financing of the Project. Such adoption is solely for the purpose of satisfying the requirements of TEFRA, the Code, and California Government Code Sections 6500 et seq.
3. Authorize the Mayor or the Executive Director to enter into and execute the Indemnity Agreement, attached hereto in substantial form.
NOES (1): Councilmember Quintanilla
Motion Carried (4 to 1)
16. INFORMATION ITEMS
None.
24 City Council Meeting Minutes
May 8, 2025
9 17. ADJOURNMENT
The City Council adjourned at 4:41 p.m.
Respectfully submitted,
_________________________
Michelle Nance
Acting Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
25 26
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/1/2025 - 5/1/2025
City of Palm Desert
Account Number
W1 00004247 05/01/2025 AMAZON CAPITAL SERVICES INC. 1104110 4211000 Cert. Paper/Folders 1G4M-V3WM-1KJF 86.18 W1 00004248 05/01/2025 BRIAN K. STEMMER CONSTRUCTION 1104340 4331000 R/M BUILDING - CH 9688 4,600.00 W1 00004248 05/01/2025 BRIAN K. STEMMER CONSTRUCTION 1104340 4331000 R/M BUILDING - CH 9581 2,670.00 W1 00004248 05/01/2025 BRIAN K. STEMMER CONSTRUCTION 2304220 4331000 R/M BUILDING - FS #33 9694 1,750.00 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973336 15.89 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973339 15.22 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973158 65.60 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973335 139.74 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973156 214.43 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973338 23.43 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973155 91.44 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973274 97.58 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973204 94.26 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973153 11.47 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973272 22.74 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973248 92.30 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973157 253.82 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973211 46.07 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973249 116.94 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973203 25.24 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973210 46.08 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/19/25 B6973209 195.83 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969290 521.81 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969251 24.27 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969555 97.60 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969278 190.22 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969377 24.24 Report Date 05/01/2025 Page 1
City and Housing
Docusign Envelope ID: CD4C737F-FC8D-4464-A6F5-1EFAC949D73A 27 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/1/2025 - 5/1/2025
City of Palm Desert
Account Number
W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969578 40.48 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969575 70.73 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969530 696.49 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969252 15.66 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969349 597.33 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969556 34.10 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969232 24.36 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969579 879.71 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969559 318.45 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969580 82.51 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969533 237.58 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969315 82.26 W1 00004249 05/01/2025 BRODART CO 2524662 4211200 Library Book Purchase 4/12/25 B6969253 13.92 W1 00004250 05/01/2025 BURKE WILLIAMS & SORENSEN LLP 1104121 4301500 MAR25 WALLAROO LGL 340697 2,782.00 W1 00004250 05/01/2025 BURKE WILLIAMS & SORENSEN LLP 1104121 4301500 MAR25 FOUNTAINHEAD LGL 340697 374.50 W1 00004251 05/01/2025 CDW LLC 1104190 4212000 HP 65 Ink Carts AD7H29L 107.34 W1 00004251 05/01/2025 CDW LLC 1104190 4212000 HP 65 Ink Carts AD7HP6T 196.40 W1 00004251 05/01/2025 CDW LLC 1104190 4212000 Logitech Mouse and Keyboard AD7E59F 130.75 W1 00004251 05/01/2025 CDW LLC 1104190 4362001 AWS Consumption - MAR25 ZR00680816 1,454.15 W1 00004251 05/01/2025 CDW LLC 5304190 4404000 R-Lenovo Thinkpads AD7U35E 4,187.74 W1 00004251 05/01/2025 CDW LLC 5304190 4404000 R- Lenovo Thinkpads AD6KI7H 7,264.01 W1 00004251 05/01/2025 CDW LLC 5304190 4404000 R- Lenovo Thinkpads AD7PA8R 4,826.33 W1 00004251 05/01/2025 CDW LLC 5304190 4404000 R- Samsung TV AD54U8Q 751.07 W1 00004252 05/01/2025 CIRCUIT TRANSIT INC 1104416 4368100 MR25 COURTESY CARTS EL PASEO 3711 30,683.56 W1 00004253 05/01/2025 COUNTY OF RIVERSIDE ANIMAL SERVICES1104230 4388400 COST SHARE 50% SPAY/NEUTER BUS AN0000003100 1,500.00 W1 00004253 05/01/2025 COUNTY OF RIVERSIDE ANIMAL SERVICES1104230 4388400 COST SHARE 50% WELLNESS CLINIC AN0000003100 1,500.00 W1 00004254 05/01/2025 DESERT AIR CONDITIONING INC. 5104195 4369601 R/M HVAC SRVS - PARKVIEW 259036 3,342.34 Report Date 05/01/2025 Page 2
City and Housing
Docusign Envelope ID: CD4C737F-FC8D-4464-A6F5-1EFAC949D73A 28 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/1/2025 - 5/1/2025
City of Palm Desert
Account Number
W1 00004254 05/01/2025 DESERT AIR CONDITIONING INC. 5104195 4369601 R/M HVAC SRVS - PARKVIEW 258586 4,485.05 W1 00004254 05/01/2025 DESERT AIR CONDITIONING INC. 1104330 4331000 R/M HVRC SRVS - CORPYARD 259883 208.12 W1 00004254 05/01/2025 DESERT AIR CONDITIONING INC. 1104800 4388500 R/M HVAC SRVS - ARTIST CTR 259524 470.25 W1 00004254 05/01/2025 DESERT AIR CONDITIONING INC. 1104800 4388500 R/M HVAC SRVS - ARTIST CTR 259767 296.00 W1 00004254 05/01/2025 DESERT AIR CONDITIONING INC. 5104195 4369500 R/M HVAC SRVS - SHERIFF CTR 259508 99.00 W1 00004254 05/01/2025 DESERT AIR CONDITIONING INC. 5104195 4369602 R/M HVAC SRVS - STATE BLDG 259574 247.50 W1 00004255 05/01/2025 DESERT PUBLICATIONS INC 1104417 4322100 Publication Ad-Summer Get Away 994022 5,215.00 W1 00004256 05/01/2025 ECONOLITE CONTROL PRODUCTS INC 1104250 4332500 POWER SUPPLY - TRAFFIC SIGNAL INV229463 1,525.78 W1 00004257 05/01/2025 ESRI 1100000 1430100 Esri Advantage Program FY2526 900006256 51,791.67 W1 00004257 05/01/2025 ESRI 1104190 4309000 Esri Advantage Program FY2425 900006256 10,358.33 W1 00004258 05/01/2025 FAMILY YMCA OF THE DESERT 2424549 4219000 AQUATIC CTR - SUPPLIES 032025 2,341.63 W1 00004258 05/01/2025 FAMILY YMCA OF THE DESERT 2424549 4309000 AQUATIC CTR - OTHER EXPENSES 032025 10,299.52 W1 00004258 05/01/2025 FAMILY YMCA OF THE DESERT 2424549 4309300 AQUATIC CTR - MANAGEMENT FEE 032025 17,536.81 W1 00004258 05/01/2025 FAMILY YMCA OF THE DESERT 2424549 4801100 AQUATIC CTR - COGS / FOOD MER 032025 1,059.35 W1 00004258 05/01/2025 FAMILY YMCA OF THE DESERT 2424549 4802101 AQUATIC CTR - CONTRACTED LABOR 032025 89,677.61 W1 00004259 05/01/2025 HIGH TECH IRRIGATION INC. 1104611 4332001 R/M IRRIG SUPPLIES - CREDIT 826321 -287.75 W1 00004259 05/01/2025 HIGH TECH IRRIGATION INC. 1104611 4332001 R/M IRRIG SUPPLIES - FREEDOM 827411 39.29 W1 00004259 05/01/2025 HIGH TECH IRRIGATION INC. 1104611 4332001 FERTILIZER - FREEDOM PARK 827412 1,868.32 W1 00004260 05/01/2025 INTERWEST CONSULTING GROUP INC 1104470 4300500 PD UNSP UPDATE-MA25 1554995 4,156.25 W1 00004260 05/01/2025 INTERWEST CONSULTING GROUP INC 1104420 4301000 COMM Plan Review & Insp - MA25 1553551 751.56 W1 00004260 05/01/2025 INTERWEST CONSULTING GROUP INC 1104420 4301000 HRLY Plan Review & Insp - MA25 1552351 290.00 W1 00004260 05/01/2025 INTERWEST CONSULTING GROUP INC 1104420 4301000 HRLY Plan Review & Insp - FE25 1500903 326.25 W1 00004261 05/01/2025 JOE A. GONSALVES & SON 1104112 4309000 MY25 LEGAL RETAINER 162443 3,000.00 W1 00004262 05/01/2025 KIMLEY-HORN AND ASSOCIATES INC. 1104250 4309000 MR25 TRAFFIC STD-LIVING DESERT 31426454 14,975.00 W1 00004262 05/01/2025 KIMLEY-HORN AND ASSOCIATES INC. 2134250 5000907 MR25 TRAFFIC OPS/CAPACITY IMP 31631027 25,516.50 W1 00004263 05/01/2025 LUCAS COLOR CARD 2520000 2070200 LIBRARY CARDS- SALES TAX 71262 -76.32 W1 00004263 05/01/2025 LUCAS COLOR CARD 2524662 4361000 LIBRARY CARDS 71262 872.22 Report Date 05/01/2025 Page 3
City and Housing
Docusign Envelope ID: CD4C737F-FC8D-4464-A6F5-1EFAC949D73A 29 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/1/2025 - 5/1/2025
City of Palm Desert
Account Number
W1 00004263 05/01/2025 LUCAS COLOR CARD 2524662 4361000 LIBRARY CARDS- SALES TAX 71262 76.32 W1 00004264 05/01/2025 MARIPOSA LANDSCAPES INC 1104310 4332000 WEED ABATEMENT - COOK / MARKET 113118 2,578.60 W1 00004264 05/01/2025 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA1 MONTHLY BALANCE JL24-MR25 113281 13,428.00 W1 00004265 05/01/2025 MICHAEL BAKER INTERNATIONAL INC 4004674 4400100 DESIGN-CC PARK PLAYGROUND MR25 1245921 22,100.00 W1 00004266 05/01/2025 MIDWEST TAPE LLC 2524662 4211200 Library DVD Purchase 4/4/26 506983819 66.26 W1 00004267 05/01/2025 PALM DESERT ACE HARDWARE 1104340 4219000 R/M BLDG SUPPLIES - CITY HALL 250129 21.74 W1 00004267 05/01/2025 PALM DESERT ACE HARDWARE 1104340 4219000 JANITORIAL SUPPLIES -CITY HALL 250175 29.33 W1 00004267 05/01/2025 PALM DESERT ACE HARDWARE 1104611 4219000 PARK SUPPLIES - MAG FALLS PARK 250287 23.47 W1 00004267 05/01/2025 PALM DESERT ACE HARDWARE 1104330 4219000 GATE REMOTES - CORPYARD 250220 244.63 W1 00004268 05/01/2025 PALM DESERT CHAMBER OF COMMERCE 1104110 4312500 PS AIR JOINT MIXER KQ 5.14.25 76284 20.00 W1 00004268 05/01/2025 PALM DESERT CHAMBER OF COMMERCE 1104430 4312500 PDCC Mixer 4/17 VM 76278 10.00 W1 00004269 05/01/2025 PALM DESERT PACIFIC OWNER LLC 4254430 4331000 MY25 MALL COMMON AREA MAINT SV CAM052025 7,230.18 W1 00004270 05/01/2025 PATTON DOOR & GATE 2304220 4331000 R/M OVERHEAD DOORS - FS #67 99100 297.40 W1 00004271 05/01/2025 PPG ARCHITECTURAL FINISHES 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 972220006462 25.63 W1 00004272 05/01/2025 PRICE'S NURSERY & GARDEN 4364650 4400200 EP SCULPT REPLACEMNT CRANE SVC 00030896 450.00 W1 00004272 05/01/2025 PRICE'S NURSERY & GARDEN 4364650 4400200 EP SCULPT REPLACEMNT CRANE SVC 00030899 731.25 W1 00004272 05/01/2025 PRICE'S NURSERY & GARDEN 4364650 4400200 EP SCULPT REPLACEMNT CRANE SVC 00030901 562.50 W1 00004272 05/01/2025 PRICE'S NURSERY & GARDEN 4364650 4400200 EP SCULPT REPLACEMNT CRANE SVC 00030902 506.25 W1 00004272 05/01/2025 PRICE'S NURSERY & GARDEN 4364650 4400200 EP SCULPT REPLACEMNT CRANE SVC 00030907 562.50 W1 00004272 05/01/2025 PRICE'S NURSERY & GARDEN 4364650 4400200 EP SCULPT REPLACEMNT CRANE SVC 00030932 731.25 W1 00004272 05/01/2025 PRICE'S NURSERY & GARDEN 4004618 4400100 ON CALL CRANE SERVICES 1/22/25 00031024 2,400.00 W1 00004273 05/01/2025 PYE BAKER 1104340 4309000 R/M ALARM SYSTEM - CH 5758455 190.00 W1 00004273 05/01/2025 PYE BAKER 5104195 4369601 R/M ALARM - PARKVIEW BLDG 6219429 330.00 W1 00004273 05/01/2025 PYE BAKER 5104195 4369800 R/M ALARM - HENDERSON 6072603 200.00 W1 00004274 05/01/2025 RHYTHM TECH PRODUCTIONS LLC 1104416 4306101 AV Services 5/1/25 Concert 147705012025 3,150.00 W1 00004275 05/01/2025 SANT MADE 1104190 4362001 Website Hosting MY25 3187 700.00 W1 00004276 05/01/2025 STAPLES BUSINESS ADVANTAGE 1104430 4211000 AP25 Office Supplies - MA 6029768310 43.49 Report Date 05/01/2025 Page 4
City and Housing
Docusign Envelope ID: CD4C737F-FC8D-4464-A6F5-1EFAC949D73A 30 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/1/2025 - 5/1/2025
City of Palm Desert
Account Number
W1 00004276 05/01/2025 STAPLES BUSINESS ADVANTAGE 1104430 4211000 AP25 Office Supplies - MA 6029768311 76.11 W1 00004276 05/01/2025 STAPLES BUSINESS ADVANTAGE 1104430 4211000 AP'25 Office Supplies EP & SL 6028852844 40.27 W1 00004277 05/01/2025 UNITY COURIER SERVICE 2524662 4309000 Courier Service Svcs 4/12/25 22901 381.06 W1 00004278 05/01/2025 VINTAGE ASSOCIATES 1104611 4332001 LMA 16 EXTRA WORK - FREEDOM 236630 836.61 W1 00004279 05/01/2025 VISUAL EDGE IT INC 1104190 4342000 INK&TONER CITYHALL 3/20-4/19 24AR2602693 94.13 W1 00004280 05/01/2025 WILLDAN FINANCIAL SERVICES 3124350 4309000 AD 2001-01 Silver Spur-Letter 010-61874 157.30 W1 00004280 05/01/2025 WILLDAN FINANCIAL SERVICES 3144350 4309000 AD 2004-01 Highland-Letter 010-61874 125.84 W1 00004280 05/01/2025 WILLDAN FINANCIAL SERVICES 3154350 4309000 Sec 29 RD 2004-02R-Letter 010-61874 188.76 W1 00004280 05/01/2025 WILLDAN FINANCIAL SERVICES 3534394 4309000 CFD 2005-1 Univ Park-Letter 010-61874 47.19 W1 00004280 05/01/2025 WILLDAN FINANCIAL SERVICES 3534394 4309000 CFD 2005-1 Univ Park-Letter 010-61874 75.00 W1 00004280 05/01/2025 WILLDAN FINANCIAL SERVICES 3544394 4309000 CFD 2021-1 Univ Park-Letter 010-61874 125.84 W1 00004281 05/01/2025 WORKDAY INC 1104190 4390000 Workday Project Start Pymnt#1 WD-378420 90,000.00 W1 00004282 05/01/2025 ZOOM VIDEO COMMUNICATIONS INC 1100000 1430100 Zoom Renewal 7/25-4/26 INV301331659 13,500.00 W1 00004282 05/01/2025 ZOOM VIDEO COMMUNICATIONS INC 1104190 4362001 Zoom Renewal 4/25-6/25 INV301331659 4,500.00 W1 02006504 05/01/2025 ALTA PLANNING + DESIGN INC 2134300 5000910 MR25 PD VISION ZERO STRATEGY 3040002023267-15 60,924.50 W1 02006505 05/01/2025 ALTEC INDUSTRIES INC 1104331 4334000 SAFETY TEST #556 CITY OWNED 51650711 1,362.14 W1 02006506 05/01/2025 AMERICAN ASSOCIATION OF 1104800 4388000 AAUW of CV OA PYMT FY24/25 OA PYMT FY24/2 3,000.00 W1 02006507 05/01/2025 ANDERSON COMMUNICATION INC 1104310 4365000 AP25 RADIO REPEATER SERVICE 21112B 262.50 W1 02006508 05/01/2025 BECK OIL INC 1104331 4217000 REFUEL GENERATOR - FS#33 162183 37.80 W1 02006508 05/01/2025 BECK OIL INC 1104331 4217000 REFUEL GENERATOR - FS#67 162184 87.66 W1 02006508 05/01/2025 BECK OIL INC 1104331 4217000 REFUEL GENERATOR - JOSLYN 162186 237.29 W1 02006508 05/01/2025 BECK OIL INC 1104331 4217000 REFUEL GENERATOR - CORPYARD 162187 1,307.75 W1 02006508 05/01/2025 BECK OIL INC 1104331 4217000 REFUEL GENERATOR - CITY HALL 162185 187.42 W1 02006509 05/01/2025 CALIFORNIA BUILDING STANDARDS 6100000 2281000 2025 Q3 GREEN BLDG FEES 2025Q3GREEN 2,131.00 W1 02006509 05/01/2025 CALIFORNIA BUILDING STANDARDS 6100000 2281000 2025 Q3 10% ADMIN FEE 2025Q3GREEN -213.10 W1 02006510 05/01/2025 CALTRANS- DEPARTMENT OF 1104250 4332500 SIGNAL/LIGHTING OC-DC 2024 SL250658 612.62 W1 02006511 05/01/2025 CANNONE, RICHARD 1100000 1150100 CLR ADV NPC25 CONF 3/28-4/1 RC CLR ADV 0325RC -1,536.67 Report Date 05/01/2025 Page 5
City and Housing
Docusign Envelope ID: CD4C737F-FC8D-4464-A6F5-1EFAC949D73A 31 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/1/2025 - 5/1/2025
City of Palm Desert
Account Number
W1 02006511 05/01/2025 CANNONE, RICHARD 1100000 1150100 CLR ADV NPC25 0325 RC CLR ADV 0325RC -472.96 W1 02006511 05/01/2025 CANNONE, RICHARD 1104470 4311500 NPC25 CONF MILE 3/28-4/1 RC MILEAGE NPC25RC 16.10 W1 02006511 05/01/2025 CANNONE, RICHARD 1104470 4312000 NPC25 CONF LDG 3/28-4/1 RC LODGING NPC25RC 1,106.56 W1 02006511 05/01/2025 CANNONE, RICHARD 1104470 4312000 NPC25 CONF PRDM 3/28-4/1 RC PER DIEM NPC25RC 414.00 W1 02006511 05/01/2025 CANNONE, RICHARD 1104470 4312000 NPC25 CONF LYFT 3/25-4/1 RC LYFT NPC25RC 91.13 W1 02006511 05/01/2025 CANNONE, RICHARD 1104470 4312000 NPC25 CONF AIR 3/28-4/1 RC AIRFARE NPC25RC 472.96 W1 02006511 05/01/2025 CANNONE, RICHARD 1104470 4312000 NPC25 CONF PRK 3/28-4/1 RC PARKING NPC25RC 100.00 W1 02006512 05/01/2025 CHARTER COMMUNICATIONS 1104190 4365000 4/16-5/15 CORP YARD INTERNET 189328601041425 91.56 W1 02006512 05/01/2025 CHARTER COMMUNICATIONS 1104190 4365000 4/16-5/15 INTERNET SERVICES 189329601041425 562.66 W1 02006512 05/01/2025 CHARTER COMMUNICATIONS 2524662 4365000 4/16-5/15 LIBRARY INTERNET 189330401041425 928.66 W1 02006512 05/01/2025 CHARTER COMMUNICATIONS 2524662 4365000 4/16-5/15 INTERNET SVCS LIBR 189329601041425 900.00 W1 02006513 05/01/2025 CLARION ASSOCIATES LLC 1104470 4300500 Unified Development Code-MA25 10115 12,342.19 W1 02006514 05/01/2025 COACHELLA VALLEY WATER DIST. 4254430 4395000 iHUB CVWD Apr'25 720041309104AP25 64.72 W1 02006514 05/01/2025 COACHELLA VALLEY WATER DIST. 1104310 4351000 21 CONSTRUCTION METER 820221768036AP25 125.00 W1 02006514 05/01/2025 COACHELLA VALLEY WATER DIST. 1104310 4351000 26 CONSTRUCTION METER 306823768022AP25 158.80 W1 02006514 05/01/2025 COACHELLA VALLEY WATER DIST. 1104310 4351000 68 CONSTRUCTION METER 306749767878AP25 593.00 W1 02006514 05/01/2025 COACHELLA VALLEY WATER DIST. 1104611 4351000 BERTAIN A - LANDSCAPE UNIV PK 830049443846AP25 1,665.30 W1 02006514 05/01/2025 COACHELLA VALLEY WATER DIST. 1104611 4351000 BERTAIN B - FOUNTAIN UNIV 830047443842AP25 26.08 W1 02006514 05/01/2025 COACHELLA VALLEY WATER DIST. 1104611 4351000 NICHOLS DR - UNIV PK 822075444102AP25 249.74 W1 02006514 05/01/2025 COACHELLA VALLEY WATER DIST. 1104614 4351000 1150 WASHINGTON / I-10 587615849914AP25 234.28 W1 02006515 05/01/2025 COURTMASTER SPORTS INC 1100000 3166500 REIMB OF WAIVED FEE NRAS25-0006 3.75 W1 02006515 05/01/2025 COURTMASTER SPORTS INC 1100000 3221100 REIMB OF WAIVED FEE NRAS25-0006 159.00 W1 02006515 05/01/2025 COURTMASTER SPORTS INC 1100000 3411100 REIMB OF WAIVED FEE NRAS25-0006 105.00 W1 02006515 05/01/2025 COURTMASTER SPORTS INC 1100000 3411300 REIMB OF WAIVED FEE MISC24-0022 531.00 W1 02006515 05/01/2025 COURTMASTER SPORTS INC 6100000 2281000 REIMB OF WAIVED FEE NRAS25-0006 1.00 W1 02006516 05/01/2025 DATA TICKET INC 1104422 4309000 CITATION PROCESSING MR25 177876 649.20 W1 02006517 05/01/2025 DAVIS, LORI 4364650 4309200 Poet Laureate City Event 4/22 APRIL 22 2025 875.00 Report Date 05/01/2025 Page 6
City and Housing
Docusign Envelope ID: CD4C737F-FC8D-4464-A6F5-1EFAC949D73A 32 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/1/2025 - 5/1/2025
City of Palm Desert
Account Number
W1 02006518 05/01/2025 DEPARTMENT OF CONSERVATION 6100000 2284000 2025 Q3 SMIP FEES 2025Q3SMIP 1,757.21 W1 02006518 05/01/2025 DEPARTMENT OF CONSERVATION 6100000 2284000 2025 Q3 5% EDUCATION FEE 2025Q3SMIP -87.86 W1 02006519 05/01/2025 DEPARTMENT OF INDUSTRIAL 1104330 4364000 ELEVATOR PERMIT - CORPYARD E2149554SB 225.00 W1 02006520 05/01/2025 DEPENDABLE BREAK ROOM 1104154 4219000 Vending Vouchers MI33368 40.00 W1 02006521 05/01/2025 DESERT FIRE EXTINGUISHER 1104611 4332501 R/M FIRE SYSTEM - PARKS 12491225 352.20 W1 02006521 05/01/2025 DESERT FIRE EXTINGUISHER 1104340 4331000 R/M FIRE SYSTEM - CH 12491257 729.68 W1 02006522 05/01/2025 DESERT NAPA AUTO PARTS 1104331 4334000 R/M FLEET #091 CITY OWNED 133004 52.19 W1 02006522 05/01/2025 DESERT NAPA AUTO PARTS 1104310 4219000 STREET MAINT SUPPLIES 133012 183.73 W1 02006523 05/01/2025 ENGLAND THIMS AND MILLER INC 4504164 4309000 MR25 CARTEGRAPH ASSET MGMT 219246 7,263.00 W1 02006524 05/01/2025 FIESTA FORD 1104331 4334000 R/M FLEET #086 LEASED 682619 49.00 W1 02006525 05/01/2025 FORVIS LLP 1104151 4302000 FYE 2024 Street Report 2336603 1,050.00 W1 02006525 05/01/2025 FORVIS LLP 1104151 4302000 FYE2023 City/Street SCO Report 2182185 3,800.00 W1 02006526 05/01/2025 FULTON DISTRIBUTING 1104340 4219000 JANITORIAL SUPPLIES - CH 668047 1,011.33 W1 02006527 05/01/2025 GARLAND/DBS INC 8710000 2060000 RTNT 24251711 / HA48680 DRAW #1-RTNT -10,057.61 W1 02006527 05/01/2025 GARLAND/DBS INC 8714195 4331100 SANTA ROSA APT ROOF REPLACEMNT DRAW #1 201,152.21 W1 02006528 05/01/2025 GOODWIN, SHELBY 1104417 4312500 Civic Academy - F&B 4.21.25 SHELBY REIM 4.21 37.02 W1 02006529 05/01/2025 GOVERNMENT FINANCE 1104150 4312000 Revenue Policies Webin 5/13-15 3181112 250.00 W1 02006530 05/01/2025 GRANITE CONSTRUCTION CO INC. 1104310 4332000 R/M SINKHOLE - FRED WARING 2918746 396.57 W1 02006530 05/01/2025 GRANITE CONSTRUCTION CO INC. 1104310 4332000 R/M SINKHOLE - FRED WARING 2917413 390.70 W1 02006531 05/01/2025 HF&H CONSULTANTS LLC 2364195 4309000 MR25 SOLID WASTE/RECYCLE SVCS 9722062 11,605.25 W1 02006532 05/01/2025 HORIZON LIGHTING INC. 1104340 4331000 R/M ELECT - CH CHARGING ST INV13738 534.65 W1 02006532 05/01/2025 HORIZON LIGHTING INC. 1104340 4331000 R/M ELEC/LIGHT - CH INV11958 3,225.24 W1 02006532 05/01/2025 HORIZON LIGHTING INC. 1104614 4337001 R/M ELEC/LIGHT - MEDIANS INV9993 958.73 W1 02006532 05/01/2025 HORIZON LIGHTING INC. 5104195 4369601 R/M ELEC/LIGHT - PARKVIEW INV11115 796.60 W1 02006533 05/01/2025 HYDRATE HQ 1104340 4309000 R/M WATER DISP FILTERS - CH CA SD 5345 535.05 W1 02006534 05/01/2025 ISA 1100000 1430100 ISA 25/26 MEMBERSHIP RENEW-RC WE-5652A-2025RC 120.00 W1 02006535 05/01/2025 JOHN KALISKI ARCHITECTS INC 1104470 4300500 Downtown & Hillside ODS-MA25 7031 7,553.92 Report Date 05/01/2025 Page 7
City and Housing
Docusign Envelope ID: CD4C737F-FC8D-4464-A6F5-1EFAC949D73A 33 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/1/2025 - 5/1/2025
City of Palm Desert
Account Number
W1 02006536 05/01/2025 KAPLAN INC 1104423 4312000 PE CIVIL CONST COURSE C. LOPEZ 32960354 2,897.05 W1 02006537 05/01/2025 KINCAID INDUSTRIES INC 2304220 4331000 R/M PLUMBING - FS #33 5758 997.85 W1 02006538 05/01/2025 LOWE'S HOME CENTERS INC. 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 974124-041525 148.63 W1 02006538 05/01/2025 LOWE'S HOME CENTERS INC. 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 971145-041425 119.80 W1 02006538 05/01/2025 LOWE'S HOME CENTERS INC. 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 971143-041425 173.54 W1 02006538 05/01/2025 LOWE'S HOME CENTERS INC. 1104330 4219000 STREET SUPPLIES 974129-041525 169.42 W1 02006538 05/01/2025 LOWE'S HOME CENTERS INC. 1104330 4219000 GATE REMOTES - CORPYARD 995140-041125 362.37 W1 02006538 05/01/2025 LOWE'S HOME CENTERS INC. 1104330 4219000 GATE REMOTES - CORPYARD 971751-041425 191.02 W1 02006538 05/01/2025 LOWE'S HOME CENTERS INC. 1104250 4219000 SMALL TOOLS - TRAFFIC 991490-041025 145.61 W1 02006538 05/01/2025 LOWE'S HOME CENTERS INC. 1104310 4219000 SMALL TOOLS - CONCRETE 989528-040925 471.00 W1 02006538 05/01/2025 LOWE'S HOME CENTERS INC. 1104310 4219000 SUPPLIES - SPECIAL EVENT 989535-040925 138.31 W1 02006538 05/01/2025 LOWE'S HOME CENTERS INC. 1104310 4219000 SAFETY SUPPLIES 991042-041025 559.09 W1 02006538 05/01/2025 LOWE'S HOME CENTERS INC. 1104310 4219000 SUPPLIES- CONCRETE CREW 991045-041025 101.30 W1 02006538 05/01/2025 LOWE'S HOME CENTERS INC. 1104330 4219000 SHOP SUPPLIES 991039-041025 195.28 W1 02006538 05/01/2025 LOWE'S HOME CENTERS INC. 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 988025-040925 215.86 W1 02006539 05/01/2025 MCI A VERIZON COMPANY 1104344 4365000 Portola CC Phone SVC FEB-MAR25 409136907 57.41 W1 02006540 05/01/2025 MERCHANTS BUILDING 2304220 4331000 XTRA JANITORIAL-FS #71 #33 #67 868382 475.00 W1 02006541 05/01/2025 MOLLER'S GARDEN CENTER 1104610 4332001 INFILLS - CC PARK 620059 209.41 W1 02006541 05/01/2025 MOLLER'S GARDEN CENTER 1104610 4332001 INFILLS - CC PARK 633789 950.36 W1 02006541 05/01/2025 MOLLER'S GARDEN CENTER 1104611 4332001 INFILLS - JOE MANN ROSE GARDEN 619695 1,586.21 W1 02006542 05/01/2025 ON THE FLY TERMITE & PEST CONTROL 1104340 4309000 EXTRAS PEST CONTROL - CH 397166 300.00 W1 02006543 05/01/2025 OUTDOOR CREATIONS INC 4514679 5000102 BENCHES / WASTE BINS -EL PASEO 11883 20,103.53 W1 02006543 05/01/2025 OUTDOOR CREATIONS INC 4514679 5000102 BENCHES / WASTE BINS -EL PASEO 11884 35,951.67 W1 02006544 05/01/2025 OZZIE'S INTERNATIONAL 1104331 4334000 R/M FLEET #065 CITY OWNED 38199 688.80 W1 02006545 05/01/2025 PARK CONSULTING GROUP INC. 1104190 4390000 FEB25 LMS Advisory & Impl Svcs 887 33,320.00 W1 02006546 05/01/2025 PEAC SOLUTIONS 1104190 4342000 3/29-4/28 XEROX LEASE MULTIPLE 40377139 2,877.88 W1 02006546 05/01/2025 PEAC SOLUTIONS 1104190 4342000 3/30-4/29 XEROX LEASE 40381230 193.76 Report Date 05/01/2025 Page 8
City and Housing
Docusign Envelope ID: CD4C737F-FC8D-4464-A6F5-1EFAC949D73A 34 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/1/2025 - 5/1/2025
City of Palm Desert
Account Number
W1 02006547 05/01/2025 PENTA, RYLAND 1104417 4312500 Civic Academy - F&B 4.21.25 RPENT REIM 4.21 500.00 W1 02006548 05/01/2025 PROFESSIONAL INTERPRETING LLC 1104417 4309000 TRANSLATION SVCS 6/6/24-3/14 7239 2,933.84 W1 02006549 05/01/2025 PROFORMA SOCAL 1104422 4361000 GARAGE SALE SIGNS BH49005170A 335.15 W1 02006550 05/01/2025 PROPER SOLUTIONS INC. 1104111 4300300 TEMP EMP J BELTRAN 04/18/25 17095 1,446.80 W1 02006551 05/01/2025 QUADIENT LEASING USA INC 1104159 4342000 2/1-4/30 N22111079 Lease Q1797107 468.84 W1 02006552 05/01/2025 QUINN COMPANY 1104340 4331000 R/M GENERATORS - JOSLYN CENTER WOG00022591 870.93 W1 02006552 05/01/2025 QUINN COMPANY 1104340 4331000 R/M GENERATORS - CH WOG00022592 1,013.93 W1 02006552 05/01/2025 QUINN COMPANY 2304220 4331000 R/M GENERATORS - FS #71 WOG00022589 902.93 W1 02006552 05/01/2025 QUINN COMPANY 2304220 4331000 R/M GENERATORS - FS #67 WOG00022590 792.93 W1 02006553 05/01/2025 QUINTANILLA, KARINA 1104110 4311500 Quintanilla Mileage 03.2025 MILEAGE 03.2025 21.70 W1 02006554 05/01/2025 RIVERSIDE COUNTY OFFICE OF 1104110 4312500 Harnik GCV SOM-April 2024 2025/2300 30.00 W1 02006555 05/01/2025 ERIC SAGE 1104416 4306101 Eric Sage Concert 5/15/25 SAGE GLOBAL 5.15 5,000.00 W1 02006556 05/01/2025 SIMPLOT PARTNERS 1104310 4219000 R/M IRRIGATION SUPPLIES 208164484 41.34 W1 02006557 05/01/2025 SO CAL GAS 1104344 4351200 45480 PORTOLA AVENUE 16752512422-AP25 32.17 W1 02006557 05/01/2025 SO CAL GAS 2304220 4351200 44400 TOWN CTR WY - FS#33 06242756002-AP25 233.13 W1 02006557 05/01/2025 SO CAL GAS 2304220 4351200 73995 COUNTRY CLUB DR - FS#71 13562662000-AP25 108.82 W1 02006557 05/01/2025 SO CAL GAS 2304220 4351200 73200 MESA VIEW DR. - FS#67 05412483009-AP25 76.10 W1 02006557 05/01/2025 SO CAL GAS 2424549 4351200 73751 MAGNESIA FALLS - POOL 13149517933-AP25 7,380.07 W1 02006557 05/01/2025 SO CAL GAS 5104195 4369800 72559 HWY 111-HENDERSON 08946430827-AP25 23.26 W1 02006558 05/01/2025 ST. FRANCIS ELECTRIC LLC 1104250 4332500 MR25 R/M TRAFFIC SIGNAL VARIOU 200168113 2,096.65 W1 02006558 05/01/2025 ST. FRANCIS ELECTRIC LLC 1104250 4332500 MR25 PM TRAFFIC SIGNAL 200168112 2,475.00 W1 02006559 05/01/2025 STERLING ADMINISTRATION 1104154 4309000 Mar25 Admin Fees DCA & FSA 852521 182.00 W1 02006560 05/01/2025 SUNBELT RENTALS INC 1104310 4343000 RENTAL EQUIPMENT 4/01-4/15/25 167135423-0001 450.43 W1 02006561 05/01/2025 SUNLINE TRANSIT AGENCY 1104310 4332000 MR25 BUS SHELTER MAINTENANCE INV08733 7,853.40 W1 02006562 05/01/2025 SUPERIOR READY MIX CONCRETE 1104310 4332000 R/M CONCRETE - PORTOLA/COLLEGE 950000273343 747.11 W1 02006562 05/01/2025 SUPERIOR READY MIX CONCRETE 1104310 4332000 R/M CONCRETE - ELDORADO/HOVLEY 950000282862 579.53 W1 02006562 05/01/2025 SUPERIOR READY MIX CONCRETE 1104310 4332000 R/M CONCRETE - FRED WARING 950000290844 544.14 Report Date 05/01/2025 Page 9
City and Housing
Docusign Envelope ID: CD4C737F-FC8D-4464-A6F5-1EFAC949D73A 35 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/1/2025 - 5/1/2025
City of Palm Desert
Account Number
W1 02006563 05/01/2025 T-MOBILE USA INC 1104134 4365000 MIFI - CIP 4423902613 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104134 4365000 MIFI - CIP 4423902622 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104150 4365000 MIFI - FINANCE 4423902272 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104190 4365000 MIFI - INFO TECH 4423902461 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104190 4365000 MIFI - INFO TECH 4423902599 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104190 4365000 MIFI - INFO TECH 4423902607 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104190 4365000 MIFI - INFO TECH 4423902619 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104190 4365000 MIFI - INFO TECH 4423902752 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104420 4365000 MIFI-BLDG & SAFETY 4423901300 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104420 4365000 MIFI-BLDG & SAFETY 4423902244 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104420 4365000 MIFI-BLDG & SAFETY 4423902271 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104420 4365000 MIFI-BLDG & SAFETY 4423902477 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104420 4365000 MIFI-BLDG & SAFETY 4423902601 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104420 4365000 MIFI-BLDG & SAFETY 4423902629 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104422 4365000 MIFI- CODE 4423901260 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104422 4365000 MIFI - CODE 4423902104 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104422 4365000 MIFI - CODE 4423902351 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104422 4365000 MIFI - CODE 4423902617 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104422 4365000 MIFI - CODE 4423902634 203492119-APR25 31.15 W1 02006563 05/01/2025 T-MOBILE USA INC 1104614 4365000 MIFI - LANDSCAPING 4423902983 203492119-APR25 31.15 W1 02006564 05/01/2025 T-MOBILE USA INC 1104331 4334000 MR25 VEHICLE GPS MONITORING 978220384-40 1,493.52 W1 02006565 05/01/2025 T-MOBILE USA INC 1104331 4334000 AP25 VEHICLE GPS MONITORING 978220384-41 1,564.64 W1 02006566 05/01/2025 TAG/AMS INC. 1104154 4305600 DOT Physical Recerts Mar25 3366 525.00 W1 02006567 05/01/2025 TOPS N BARRICADES INC. 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 1113121 657.39 W1 02006568 05/01/2025 TPX COMMUNICATIONS 1104190 4365000 INTERNET/PHONE SVC 4/23-5/22 185244030-0 9,232.47 W1 02006569 05/01/2025 ULINE INC 2304220 4219000 BREAKROOM SUPPLIES - FS #71 191906976 612.69 W1 02006569 05/01/2025 ULINE INC 2524662 4211000 Indoor Safety Mirrors (4) 191470986 240.95 Report Date 05/01/2025 Page 10
City and Housing
Docusign Envelope ID: CD4C737F-FC8D-4464-A6F5-1EFAC949D73A 36 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/1/2025 - 5/1/2025
City of Palm Desert
Account Number
W1 02006570 05/01/2025 WALTERS WHOLESALE ELECTRIC 1104250 4332500 CONCRETE PULL BOX LID S127642675.001 72.69 W1 02006571 05/01/2025 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICALS - AQUATIC CENTER 5735955 392.81 W1 02006571 05/01/2025 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICALS - AQUATIC CENTER 5735142 850.47 W1 02006572 05/01/2025 WHITE CAP LP 1104310 4219000 STREET MAINT SUPPLIES 50030917316 1,445.94 W1 02006573 05/01/2025 WILLDAN ENGINEERING 1104420 4301000 Plan Review & Insp - MA25 002-34584 13,833.70 W1 02006574 05/01/2025 XPRESS GRAPHICS 2524662 4361000 Rack Cards- Dia de Los Ninos 25-70499 80.05 W1 02006574 05/01/2025 XPRESS GRAPHICS 1104417 4361000 Circle Labels Roll - Library 25-70308 332.01 W1 02006574 05/01/2025 XPRESS GRAPHICS 1104417 4361000 Coffee w/Mayor Postcards (200) 25-70479 102.64 Examined and Approved Total For Bank ID - W1
984,744.80 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 05/01/2025 Page 11
City and Housing
Docusign Envelope ID: CD4C737F-FC8D-4464-A6F5-1EFAC949D73A 37 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/1/2025 - 5/1/2025
City of Palm Desert
Account Number
W3 00003127 05/01/2025 BURKE WILLIAMS & SORENSEN LLP 7030000 2289900 MAR25 DW LOT C&D KAM SANG 340697 963.00 Examined and Approved Total For Bank ID - W3
963.00 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 05/01/2025 Page 12
Successor Agency
Docusign Envelope ID: CD4C737F-FC8D-4464-A6F5-1EFAC949D73A 38 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/3/2025 - 5/3/2025
City of Palm Desert
Account Number
W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 1104330 4331000 R/M HVRC SRVS - CORPYARD 251634 893.00 W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 1104340 4331000 R/M HVAC SRVS - CITY HALL 252132 106.00 W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 1104340 4331000 R/M HVAC SRVS - CITY HALL 252343 470.25 W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 1104344 4331000 R/M HVAC SRVS - PCC 252127 148.50 W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 1104344 4331000 R/M HVAC SRVS - PCC 252473 192.81 W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 1104800 4388500 R/M HVAC SRVS - ARTIST CTR 251644 245.00 W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 2304220 4331000 R/M HVAC SRVS - FS #33 251472 259.46 W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 2304220 4331000 R/M HVAC SRVS - FS #67 251688 99.00 W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 2304220 4331000 R/M HVAC SRVS - FS #71 251809 140.14 W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 2304220 4331000 R/M HVAC SRVS - FS #33 252056 1,358.93 W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 2424549 4331101 R/M HVAC SRVS - AQUATIC CTR 252430 769.11 W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 2424549 4331101 R/M HVAC SRVS - AQUATIC CTR 252474 198.00 W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 5104195 4369500 R/M HVAC SRVS - SHERIFF CTR 252256 189.00 W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 5104195 4369500 R/M HVAC SRVS - SHERIFF CTR 252258 247.50 W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 5104195 4369601 R/M HVAC SRVS - PARKVIEW 252108 198.00 W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 5104195 4369601 R/M HVAC SRVS - PARKVIEW 252110 562.00 W1 00004283 05/03/2025 DESERT AIR CONDITIONING INC. 5104195 4369602 R/M HVAC SRVS - STATE BLDG 252464 247.50 W1 02006575 05/03/2025 DE VERA, MARIE 1100000 1150100 CJPIA TRAINING PRDM 5/5-6 MDV ADV PRDM 5/6/25 129.00 W1 02006575 05/03/2025 DE VERA, MARIE 1100000 1150100 CJPIA TRAINING MILE 5/5-6 MDV ADV MILE 5/6/25 163.80 Examined and Approved Total For Bank ID - W1
6,617.00 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 05/03/2025 Page 1
City and Housing
Docusign Envelope ID: EE067B9E-284C-4B6E-9A13-F1F24059D8A8 39 40
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/8/2025 - 5/8/2025
City of Palm Desert
Account Number
W1 00004285 05/08/2025 AMAZON CAPITAL SERVICES INC. 1104111 4369500 School Tour Swag - Sunglasses 1P6M-XCY6-MCH1 630.71 W1 00004285 05/08/2025 AMAZON CAPITAL SERVICES INC. 1104250 4219000 TRAFFIC SIGNAL SUPPLIES 1L64-QMT3-QLM9 22.77 W1 00004285 05/08/2025 AMAZON CAPITAL SERVICES INC. 1104300 4219000 BREAKROOM SUPPLIES - CITY HALL 11TD-PWF4-DL7N 337.56 W1 00004285 05/08/2025 AMAZON CAPITAL SERVICES INC. 1104330 4219000 GATE REMOTES - CORP YARD 19P3-MCXX-6PM1 184.45 W1 00004285 05/08/2025 AMAZON CAPITAL SERVICES INC. 2304220 4219000 FURNITURE/MATRESS - FS 33 1VG1-CGRT-GMKV 111.69 W1 00004286 05/08/2025 BRIAN K. STEMMER CONSTRUCTION 2524662 4332100 Lib. Slatwalls panels install 9693 975.00 W1 00004287 05/08/2025 CDW LLC 5304190 4404000 R- Lenovo Tiny Workstations AD8DZ1C 11,214.14 W1 00004288 05/08/2025 CEPEDA STUDIO INC 2524662 4390000 LIBRARY AUTHOR VISIT 5/03/25 6001 1,500.00 W1 00004289 05/08/2025 CITY NET 2264212 4309000 MAR25 STREET OUTREACH 2025-0300121 19,139.31 W1 00004290 05/08/2025 DESERT AIR CONDITIONING INC. 1104340 4331000 R/M HVAC SRVS - CITY HALL 259591 2,075.00 W1 00004291 05/08/2025 DESERT X 1104417 4322200 Desert X Marketing 2 of 3 2025_04_11_001 1,250.00 W1 00004291 05/08/2025 DESERT X 4364650 4309200 Desert X Sponsorship 2 of 3 2025_04_11_001 7,500.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2734680 4332000 AP25 LMA 7 DESERT MIRAGE 6804 550.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2994374 4332000 AP25 LMA 7 PALM DESERT CC 6804 534.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2734682 4332000 AP25 LMA 7 PRIMEROSE II 6804 330.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2754643 4332000 AP25 LMA 7 DIAMONDBACK 6804 112.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2754680 4332000 AP25 LMA 7 MONTEREY MEADOWS 6804 140.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2754681 4332000 AP25 LMA 7 THE GLEN 6804 288.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2754682 4332000 AP25 LMA 7 HOVLEY ESTATES 6804 149.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2754683 4332000 AP25 LMA 7 SONATA I 6804 358.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2754684 4332000 AP25 LMA 7 SONATA II 6804 496.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2754685 4332000 AP25 LMA 7 HOVLEY COLLECTION 6804 390.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2754686 4332000 AP25 LMA 7 LA PALOMA I 6804 160.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2754687 4332000 AP25 LMA 7 LA PALOMA II 6804 160.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2754693 4332000 AP25 LMA 7 LA PALOMA III 6804 139.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2754694 4332000 AP25 LMA 7 SANPIPER COURT 6804 164.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2754695 4332000 AP25 LMA 7 SANPIPER COURT WEST 6804 171.00 Report Date 05/08/2025 Page 1
City and Housing
Docusign Envelope ID: C51B9067-7C21-4A9C-8DF7-0DAFFEFA6377 41 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/8/2025 - 5/8/2025
City of Palm Desert
Account Number
W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2754696 4332000 AP25 LMA 7 HOVLEY COURT WEST 6804 250.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2754697 4332000 AP25 LMA 7 PALM COURT 6804 112.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2774373 4332000 AP25 LMA 7 PRESIDENTS PL 1/II 6804 5,610.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2784374 4332000 AP25 LMA 7 VINEYARDS 6804 224.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2794374 4332000 AP25 LMA 7 WARING COURT 6804 213.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2804374 4332000 AP25 LMA 7 PALM GATE 6804 133.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2814374 4332000 AP25 LMA 7 THE GROVE 6804 507.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2824373 4332000 AP25 LMA 7 PRESIDENTS PL III 6804 3,597.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2834374 4332000 AP25 LMA 7 PORTOLA PLACE 6804 213.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2854374 4332000 AP25 LMA 7 KAUFMAN N BROAD 6804 993.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2864374 4332000 AP25 LMA 7 CANYON CREST 6804 288.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2874374 4332000 AP25 LMA 7 COLLEGE VIEW EST II 6804 320.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2874680 4332000 AP25 LMA 7 THE BOULDERS 6804 507.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2874681 4332000 AP25 LMA 7 SUNDANCE WEST 6804 283.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2874682 4332000 AP25 LMA 7 PETUNIA I 6804 331.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2874683 4332000 AP25 LMA 7 SUNDANCE EAST 6804 155.00 W1 00004292 05/08/2025 HORIZON PROFESSIONAL LANDSCAPE 2874684 4332000 AP25 LMA 7 COLLEGE VIEW EST I 6804 288.00 W1 00004293 05/08/2025 HR GREEN PACIFIC INC 1104423 4301150 FB25 Eng Svs & Land Dev C45440 185924 31,591.75 W1 00004293 05/08/2025 HR GREEN PACIFIC INC 1104423 4301150 JA25 Eng Svcs & Land Dev 184494 106.38 W1 00004293 05/08/2025 HR GREEN PACIFIC INC 1104423 4301150 JA25 Eng Svcs & Land Dev 184493 3,451.25 W1 00004293 05/08/2025 HR GREEN PACIFIC INC 1104250 4301150 MA25 ON-CALL TRAFFIC ENG SVCS 186612 26,281.81 W1 00004293 05/08/2025 HR GREEN PACIFIC INC 4524136 4400100 CC ACCESS STUDY MAR25 186617 6,498.75 W1 00004294 05/08/2025 KEYSER MARSTON ASSOCIATES INC 8730000 2399100 DC24 PALM COMMUNITIES A44560 0039402 540.00 W1 00004295 05/08/2025 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA 1 R/M IRRIG-MEDIANS FB25 113283 1,507.30 W1 00004295 05/08/2025 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA 1 R/M LANDSCAPE-MEDIAN FEB 113284 241.00 W1 00004295 05/08/2025 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA 1 XTRA WORK - BUMP N GRIND 113286 530.00 W1 00004295 05/08/2025 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA 1 XTRA R/M WORK - MEDIANS 113262 1,159.00 Report Date 05/08/2025 Page 2
City and Housing
Docusign Envelope ID: C51B9067-7C21-4A9C-8DF7-0DAFFEFA6377 42 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/8/2025 - 5/8/2025
City of Palm Desert
Account Number
W1 00004295 05/08/2025 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA 1 R/M IRRIG - MONTEREY 113282 432.00 W1 00004295 05/08/2025 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA 1 R/M XTRA WORK - HWY 74 113285 323.00 W1 00004295 05/08/2025 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA 1 R/M XTRA WORK - MEDIANS 113308 2,170.31 W1 00004295 05/08/2025 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA 1 R/M XTRA WORK - MEDIANS 113264 1,281.64 W1 00004296 05/08/2025 MOTOWORX GARAGE 1104210 4334000 AP25 RSO VEHICLE MAINT PD16-01 MWG2465 945.94 W1 00004297 05/08/2025 OTIS ELEVATOR CO 5104195 4369500 MY25 ELEVATOR SVC SHERIFF CTR 100401911888 215.99 W1 00004297 05/08/2025 OTIS ELEVATOR CO 1104330 4309000 ELEVATOR MAINT LATEFEE-CORPYRD L10000106084 128.36 W1 00004298 05/08/2025 PALM DESERT ACE HARDWARE 1104340 4219000 SUPPLIES-CH LIGHT BULBS 250061 66.00 W1 00004298 05/08/2025 PALM DESERT ACE HARDWARE 1104611 4219000 LNDSCP SUPPLIES - PALMA PK 250255 17.14 W1 00004298 05/08/2025 PALM DESERT ACE HARDWARE 1104310 4219000 SMALL TOOLS 250278 82.61 W1 00004299 05/08/2025 PPG ARCHITECTURAL FINISHES 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 972220006463 46.91 W1 00004299 05/08/2025 PPG ARCHITECTURAL FINISHES 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 972220006499 44.20 W1 00004299 05/08/2025 PPG ARCHITECTURAL FINISHES 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 972220006532 23.88 W1 00004300 05/08/2025 PRO-CRAFT CONSTRUCTION INC 1104610 4331000 R/M PLUMBING SRV - CC PARK 24124-15 772.65 W1 00004301 05/08/2025 Q3 CONSULTING 1104159 4219100 N. PD CITY LIMIT IMPRV MAR25 35819 6,666.00 W1 00004301 05/08/2025 Q3 CONSULTING 1104159 4219100 NORTH PD CITY LIMIT IMPR FEB25 35637 10,100.00 W1 00004302 05/08/2025 RHYTHM TECH PRODUCTIONS LLC 1104416 4306101 AV Svs for Concert 5/08/25 147705082025 3,150.00 W1 00004303 05/08/2025 SINATRA & COOK PROJECT LLC 4254430 4345000 JN25 iHUB/ERC RENT MO 64 OF 72 MO64OF72JUN25 18,161.80 W1 00004304 05/08/2025 STAPLES BUSINESS ADVANTAGE 1104154 4219000 Sharpie, Pencil Cup, Sheet Pro 6029774120 71.82 W1 00004304 05/08/2025 STAPLES BUSINESS ADVANTAGE 2524662 4211000 APR25 OFFICE SUPPLIES 6029304190 270.93 W1 00004305 05/08/2025 STRYKER SALES CORPORATION 5304220 4403000 GURNEY BATTERIES / ACCESSORIES 9205531785 3,049.77 W1 00004305 05/08/2025 STRYKER SALES CORPORATION 5304220 4403000 GURNEY BATTERIES / ACCESSORIES 9205553702 2,130.43 W1 00004305 05/08/2025 STRYKER SALES CORPORATION 5304220 4403000 GURNEY BATTERIES / ACCESSORIES 9205533874 70.40 W1 00004306 05/08/2025 RAMSAY GROUP 2204800 4309000 AP25 CDBG ADMIN 10 3,800.00 W1 00004307 05/08/2025 VECTORUSA 1100000 1430100 Arctic Wolf Renw 7/25-4/26 103771 71,360.17 W1 00004307 05/08/2025 VECTORUSA 1104190 4362001 Arctic Wolf Renw 5/25-6/25 103771 14,272.03 W1 00004308 05/08/2025 VINTAGE ASSOCIATES 1104610 4332001 AP25 LMA 17 CIVIC CENTER PARK 236528 16,200.00 Report Date 05/08/2025 Page 3
City and Housing
Docusign Envelope ID: C51B9067-7C21-4A9C-8DF7-0DAFFEFA6377 43 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/8/2025 - 5/8/2025
City of Palm Desert
Account Number
W1 00004308 05/08/2025 VINTAGE ASSOCIATES 1104610 4337100 AP25 LMA 17 SPORTS FIELDS 236528 4,500.00 W1 00004308 05/08/2025 VINTAGE ASSOCIATES 1104611 4332001 AP25 LMA 16 LANDS MAINT PARKS 236527 29,118.00 W1 00004308 05/08/2025 VINTAGE ASSOCIATES 1104611 4332001 AP25 LMA 17 MAGNESIA FALLS 236528 4,000.00 W1 00004308 05/08/2025 VINTAGE ASSOCIATES 1104611 4332501 AP25 LMA 16 COURT MAINT PARKS 236527 1,167.00 W1 00004308 05/08/2025 VINTAGE ASSOCIATES 1104611 4391000 AP25 LMA 16 LANDS MAINT - COMM 236527 860.00 W1 00004308 05/08/2025 VINTAGE ASSOCIATES 2424549 4331101 AP25 LMA 17 PDAC 236528 1,400.00 W1 00004308 05/08/2025 VINTAGE ASSOCIATES 2764374 4332000 AP25 LMA 16 LANDS MAINT HAYST 236527 3,755.00 W1 00004308 05/08/2025 VINTAGE ASSOCIATES 5104195 4369601 AP25 LMA 17 PARKVIEW BLDG 236528 2,000.00 W1 00004308 05/08/2025 VINTAGE ASSOCIATES 5104195 4369602 AP25 LMA 17 STATE BLDG 236528 300.00 W1 00004308 05/08/2025 VINTAGE ASSOCIATES 1104611 4332001 LMA 16 R/M XTRA WORK - UNIV 236633 914.77 W1 00004309 05/08/2025 VISUAL EDGE IT INC 1104190 4342000 INK&TONER CITYHALL 3/29-4/28 24AR2617441 1,976.94 W1 00004309 05/08/2025 VISUAL EDGE IT INC 1104190 4342000 INK&TONER 3TX403772 3/30-4/29 24AR2617442 107.06 W1 00004310 05/08/2025 WINGED SOLUTIONS INC 1104610 4332001 CC PARK BIRD MITIGATION WS043025CP 773.50 W1 02006576 05/08/2025 4IMPRINT INC. 2524662 4390000 APR25 OUTREACH MATERIALS 13719978 1,974.46 W1 02006577 05/08/2025 ACOEDA, CARLOS 1104190 4311500 CACOEDA MILE AC 4/14-17/25 CACOEDA MILE 336.00 W1 02006577 05/08/2025 ACOEDA, CARLOS 1104190 4312000 CACOEDA LDG AC 4/14-17/25 CACOEDA LDG 515.90 W1 02006577 05/08/2025 ACOEDA, CARLOS 1104190 4312000 CACOEDA PRDM AC 4/14-17/25 CACOEDA PRDM 301.00 W1 02006577 05/08/2025 ACOEDA, CARLOS 1104190 4312000 CACOEDA PARK AC 4/14-17/25 CACOEDA PARK 60.00 W1 02006578 05/08/2025 AIR & HOSE SOURCE INC 1104331 4334000 GRAFFITI TRUCK ATTACHMENT SUPP 606990 256.14 W1 02006579 05/08/2025 AMERICAN FORENSIC NURSES 1104210 4390400 24/25 BLOOD DRAW/DUI CASES RSO 79453 1,368.00 W1 02006580 05/08/2025 ARTSOPOLIS LLC 4360000 1430100 Host Artist Registry 7/25-3/26 1832 1,000.00 W1 02006580 05/08/2025 ARTSOPOLIS LLC 4364650 4321701 Host Artist Registry 3/25-6/25 1832 500.00 W1 02006581 05/08/2025 BERMUDEZ, JOSE ALEJANDRO 1104154 4305600 Live Scan J. Bermudez A4201855 59.00 W1 02006582 05/08/2025 BEST SIGNS INC. 1104154 4219000 Employee Nameplate C. Escobedo 99395 130.93 W1 02006582 05/08/2025 BEST SIGNS INC. 1104340 4331000 SIGNAGE - CITY HALL 99380 1,998.91 W1 02006583 05/08/2025 BRIGHT EVENT RENTAL 2354270 4400200 FS102 Groundbreaking Event 4/9 846801 587.88 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 1104611 4351000 74735 HOVLEY LANE E SOCCER PK 127363385426AP25 143.36 Report Date 05/08/2025 Page 4
City and Housing
Docusign Envelope ID: C51B9067-7C21-4A9C-8DF7-0DAFFEFA6377 44 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/8/2025 - 5/8/2025
City of Palm Desert
Account Number
W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 1104611 4351000 1131 HOVLEY SOCCER PARK 315303847830AP25 1,705.90 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 1104611 4351000 10049 FREEDOM PARK 315491848018AP25 5,529.23 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 1104614 4351000 1089 MEDIANS 315239847766AP25 2,096.92 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 1104614 4351000 1149 ST MEDIANS NORTH 586651849912AP25 204.37 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2304220 4351000 73200 MESA VIEW DR FS 67 176281476314AP25 329.36 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2304220 4351000 73995 COUNTRY CLUB FS 71 122335377974AP25 262.33 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2734680 4351000 D. 1088 DESERT MIRAGE (COOK) 315237847764AP25 115.69 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2774373 4351000 LARKSPUR LN - FIRE MTR PP E/W 797761405428AP25 98.99 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2774373 4351000 PORTOLA AVE - FIRE MTR PP E/W 797755405410AP25 98.99 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2774373 4351000 SAN LUIS REY - FIRE MTR PP E/W 797759405418AP25 98.99 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2854374 4351000 C. 1088 K/B (HEATHERWOOD) 315237847764AP25 57.19 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2874374 4351000 H. 1088 COLLEGE VIEW ESTATES I 315237847764AP25 110.47 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2874680 4351000 F. 1088 THE BOULDERS (SHEPHERD 315237847764AP25 51.99 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2874681 4351000 B. 1088 SUNDANCE W (KOKOPELLI) 315237847764AP25 63.69 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2874682 4351000 E. 1088 PETUNIA PLACE 1 (PETUN 315237847764AP25 75.38 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2874683 4351000 A. 1088 SUNDANCE E. (SHEPHERD 315237847764AP25 89.68 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2874684 4351000 G. 1088 COLLEGE VIEW ESTATES I 315237847764AP25 162.71 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 1104310 4351000 TOWN CENTER WAY 307113813150AP25 27.38 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 1104340 4351000 44911 CABRILLO AVENUE 712257390932AP25 63.42 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2304220 4351000 44400 TOWN CTR FS33 163253444356AP25 104.83 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 4254430 4351000 72780 HWY 111 (SEARS) 815043444678AP25 190.33 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 4254430 4351000 72880 HWY 111-FIRE MTR SEARS-B 800643444692AP25 117.90 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 4254430 4351000 72880 HWY 111-FIRE MTR SEARS-A 800645741286AP25 88.31 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 1104330 4351000 1052 CORPORATION YARD 315177847704AP25 530.60 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 1104611 4351000 10364 HOVLEY SOCCER PARK 316695849222AP25 4,476.00 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 1104614 4351000 1051 ST MEDIANS "4" 315175847702AP25 3,027.92 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2734682 4351000 13 1050 PRIMROSE II 315173847700AP25 51.99 Report Date 05/08/2025 Page 5
City and Housing
Docusign Envelope ID: C51B9067-7C21-4A9C-8DF7-0DAFFEFA6377 45 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/8/2025 - 5/8/2025
City of Palm Desert
Account Number
W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754643 4351000 1 1050 DIAMONDBACK 315173847700AP25 42.89 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754680 4351000 18 1050 MONTEREY MEADOWS 315173847700AP25 202.42 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754681 4351000 17 1050 THE GLEN 315173847700AP25 70.19 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754682 4351000 2 1050 HOVLEY ESTATES 315173847700AP25 29.89 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754682 4351000 15 1050 HOVLEY ESTATES 315173847700AP25 36.39 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754683 4351000 22 1050 SONATA I 315173847700AP25 38.99 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754684 4351000 20 1050 SONATA II 315173847700AP25 103.23 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754685 4351000 16 1050 HOVLEY COLLECTION 315173847700AP25 35.09 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754685 4351000 21 1050 HOVLEY COLLECTION 315173847700AP25 29.89 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754686 4351000 5 1050 LA PALOMA I 315173847700AP25 32.49 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754686 4351000 19 1050 LA PALOMA I 315173847700AP25 37.69 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754687 4351000 6 1050 LA PALOMA II 315173847700AP25 79.28 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754693 4351000 3 1050 LA PALOMA III 315173847700AP25 45.49 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754694 4351000 7 1050 SANDPIPER 315173847700AP25 83.18 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754695 4351000 8 1050 SANDPIPER 315173847700AP25 71.48 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754696 4351000 4 1050 HOVLEY COURT WEST 315173847700AP25 35.09 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2754697 4351000 14 1050 PALM COURT 315173847700AP25 117.09 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2774373 4351000 SAN LUIS REY - FIRE MTR PP E/W 797757405414AP25 125.47 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2794374 4351000 12 1050 WARING COURT 315173847700AP25 54.75 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2804374 4351000 11 1050 PALM GATE 315173847700AP25 33.79 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2864374 4351000 10 1050 CANYON CREST 315173847700AP25 38.99 W1 02006584 05/08/2025 COACHELLA VALLEY WATER DIST. 2994374 4351000 9 1050 PDCC 315173847700AP25 230.75 W1 02006585 05/08/2025 CONSOLIDATED ELECTRICAL 1104340 4219000 LIGHT SUPPLIES - CITY HALL 5725-1157063 407.81 W1 02006585 05/08/2025 CONSOLIDATED ELECTRICAL 1104611 4219000 R/M ELECT SUPPLIES - FREEDOM 5725-1151387 36.54 W1 02006585 05/08/2025 CONSOLIDATED ELECTRICAL 1104611 4219000 R/M ELECT SUPPLIES - FREEDOM 5725-1152069 1,255.08 W1 02006586 05/08/2025 DBX INC. 2340000 2060000 RETENTION PP01 - MARKET X COOK RTNT-PP01 -20,243.30 W1 02006586 05/08/2025 DBX INC. 2344250 4400100 MARKET / COOK TS IMPROVEMENTS PP01 404,866.00 Report Date 05/08/2025 Page 6
City and Housing
Docusign Envelope ID: C51B9067-7C21-4A9C-8DF7-0DAFFEFA6377 46 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/8/2025 - 5/8/2025
City of Palm Desert
Account Number
W1 02006587 05/08/2025 DEPENDABLE BREAK ROOM 1104340 4219000 KITCHEN/COFFEE SUPPLIES - CH MI33990 311.31 W1 02006587 05/08/2025 DEPENDABLE BREAK ROOM 1104154 4309501 EMPLOYEE RECOGNITION MI33745 1,000.00 W1 02006587 05/08/2025 DEPENDABLE BREAK ROOM 1104340 4219000 KITCHEN/COFFEE SUPPLIES - CH MI33745 520.89 W1 02006588 05/08/2025 DESERT ARC 1104111 4309000 FY 24/25 SHREDDING SCS 16899 310.00 W1 02006588 05/08/2025 DESERT ARC 1104150 4309000 Shredding Purge - FInance 16899 314.00 W1 02006589 05/08/2025 DESERT NAPA AUTO PARTS 1104250 4219000 TRAFFIC SUPPLIES 134566 51.06 W1 02006589 05/08/2025 DESERT NAPA AUTO PARTS 1104250 4219000 TRAFFIC SUPPLIES - CREDIT 134569 -39.11 W1 02006589 05/08/2025 DESERT NAPA AUTO PARTS 1104310 4219000 R/M SUPPLIES 096891 61.39 W1 02006589 05/08/2025 DESERT NAPA AUTO PARTS 1104310 4219000 R/M STREET SUPPLIES 122509 47.39 W1 02006590 05/08/2025 DESERT PIPE & SUPPLY 1104610 4219000 JANITORIAL SUPPLIES - CC PARK 0017016270 156.32 W1 02006591 05/08/2025 DESERT TREE SPRAYING 1104610 4332001 AP25 RODENT/GOPHER CTRL CC 4070 310.00 W1 02006591 05/08/2025 DESERT TREE SPRAYING 1104611 4332001 AP25 GOPHER/RODENT CTRL PARKS 4070 305.00 W1 02006591 05/08/2025 DESERT TREE SPRAYING 1104611 4391000 AP25 RODENT/GOPHER CTRL GARDEN 4070 90.00 W1 02006591 05/08/2025 DESERT TREE SPRAYING 1104614 4392101 AP25 RODENT/GOPHER CTR ENTRADA 4070 140.00 W1 02006591 05/08/2025 DESERT TREE SPRAYING 2854374 4332100 AP25 RODENT/GOPHER CTRL K/B 4070 90.00 W1 02006592 05/08/2025 DOKKEN ENGINEERING 2134359 4400100 Eng Svs P759 12/1/24-2/28/25 48658 3,522.50 W1 02006593 05/08/2025 ENGINEERING RESOURCES 2354270 4400100 MAR25 ENG SRVS - NS FS102 61322 2,399.60 W1 02006594 05/08/2025 ESCOBEDO, CHRISTOPHER 1100000 1150100 ICSC PRDM 5.19.25 CEscobedo ADV PRD 05.19.25 64.50 W1 02006594 05/08/2025 ESCOBEDO, CHRISTOPHER 1100000 1150100 ICSC MILE 5.19.25 CEscobedo ADV MILE 5.19.25 14.70 W1 02006594 05/08/2025 ESCOBEDO, CHRISTOPHER 1100000 1150100 ICSC PARK 5.19.25CEscobedo ADV PARK 5.19.25 20.00 W1 02006594 05/08/2025 ESCOBEDO, CHRISTOPHER 1100000 1150100 ICSC AIR 5.19.25- CEscobedo FLIGHT 5.19.25 377.96 W1 02006595 05/08/2025 EXCEL LANDSCAPE INC 1104610 4337100 R/M SCREEN INSTALL - CC PARK 111066 1,620.00 W1 02006595 05/08/2025 EXCEL LANDSCAPE INC 2764374 4332100 TREE INSTALLATION - HAYSTACK 111068 1,080.00 W1 02006596 05/08/2025 FOSTER GARDNER INC. 1104610 4332001 FERTILIZER - CC PARK 289629 422.92 W1 02006597 05/08/2025 FRONTIER COMMUNICATIONS INC 1104159 4365000 D/U CIRCUIT FRED WARING 7605686932-0425 76.67 W1 02006597 05/08/2025 FRONTIER COMMUNICATIONS INC 1104211 4306001 PHONE SVC 7608629848-0425 194.24 W1 02006597 05/08/2025 FRONTIER COMMUNICATIONS INC 1104250 4365000 TRAFFIC SIGNAL LINE SVC 7603459146-0425 76.67 Report Date 05/08/2025 Page 7
City and Housing
Docusign Envelope ID: C51B9067-7C21-4A9C-8DF7-0DAFFEFA6377 47 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/8/2025 - 5/8/2025
City of Palm Desert
Account Number
W1 02006597 05/08/2025 FRONTIER COMMUNICATIONS INC 1104344 4365000 PCC PHONE SRV 7605682560-0425 181.14 W1 02006597 05/08/2025 FRONTIER COMMUNICATIONS INC 2294210 4391400 VALLEY CRIMESTOPPERS HOTLINE 7603417867-0425 200.38 W1 02006597 05/08/2025 FRONTIER COMMUNICATIONS INC 2714491 4369500 EP PHONE SVC 7606749012-0425 142.57 W1 02006597 05/08/2025 FRONTIER COMMUNICATIONS INC 5104195 4369601 PARKVIEW BLDG ALARM SRV 7603468393-0425 193.90 W1 02006597 05/08/2025 FRONTIER COMMUNICATIONS INC 5104195 4369601 PARKVIEW BLDG PHONE SRV 7606741960-0425 125.76 W1 02006597 05/08/2025 FRONTIER COMMUNICATIONS INC 5104195 4369601 PARKVIEW BLDG FIRE ALARM 7607791904-0425 116.26 W1 02006597 05/08/2025 FRONTIER COMMUNICATIONS INC 5104195 4369601 PARKVIEW BLDG ALARM SRV 7608361142-0425 123.09 W1 02006597 05/08/2025 FRONTIER COMMUNICATIONS INC 5104195 4369602 STATE BLDG INTERNET SRV 3101746165-0425 87.98 W1 02006597 05/08/2025 FRONTIER COMMUNICATIONS INC 5104195 4369800 HENDERSON BLDG PHONE SRV 7607766715-0425 312.13 W1 02006598 05/08/2025 GOODWIN, SHELBY 1104417 4312500 Civic Academy-Mi Cultura 4/28 SHELBY REIM 4.28 515.65 W1 02006599 05/08/2025 HAMMER PLUMBING AND PUMPING 1104611 4331000 CAHUILLA RESTROOM PUMP SRV 33755-1 395.00 W1 02006600 05/08/2025 HICKSON, AARON 1104154 4305600 Live Scan A. Hickson A4201840 59.00 W1 02006601 05/08/2025 HORIZON LIGHTING INC. 1104611 4331000 R/M LIGHTING - FREEDOM PARK INV12836 3,274.44 W1 02006602 05/08/2025 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 S/W COR CC WSH 50155642-AP25 120.42 W1 02006602 05/08/2025 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 S/W COR CC WSH 50155645-AP25 25.63 W1 02006603 05/08/2025 INNOVA DISC GOLF 1104611 4219000 DISCATCHER TAR - HOVLEY PARK 25-1551 3,838.93 W1 02006603 05/08/2025 INNOVA DISC GOLF 1104611 4219000 DISCATCHER TAR - HOVLEY PARK 25-1551 33.75 W1 02006604 05/08/2025 INTERNATIONAL SCULPTURE CENTER INC 4364650 4321701 MY25-JN25 El Paseo SCPT EXH AD 200002427 6,500.00 W1 02006605 05/08/2025 JTB SUPPLY COMPANY INC. 1104250 4332500 TRAFFIC SIGNAL RED LEDS 114922 1,713.00 W1 02006605 05/08/2025 JTB SUPPLY COMPANY INC. 1104250 4332500 TRAFFIC SIGNAL GREED LEDs 114869 1,144.00 W1 02006605 05/08/2025 JTB SUPPLY COMPANY INC. 1104250 4332500 TRAFFIC SIGNAL GREED LEDs 114693 835.80 W1 02006606 05/08/2025 KINCAID INDUSTRIES INC 5104195 4369602 R/M PLUMBING - STATE BLDG 5774 1,891.08 W1 02006607 05/08/2025 LOCK SHOP INC. 1104611 4219000 GATE KEYS - WCS BB10563559 12.83 W1 02006607 05/08/2025 LOCK SHOP INC. 1104614 4392101 PADLOCKS - ENTRADA DEL PASEO AA00069312 189.09 W1 02006607 05/08/2025 LOCK SHOP INC. 5104195 4369601 KEYS - PARK VIEW BB10563495 12.89 W1 02006607 05/08/2025 LOCK SHOP INC. 1104330 4219000 KEYS - VARIOUS BUILDINGS BB10563555 95.50 W1 02006608 05/08/2025 LOWE'S HOME CENTERS INC. 1104610 4332001 R/M IRRG SUPPLIES - CC PARK 975161-041525 54.98 Report Date 05/08/2025 Page 8
City and Housing
Docusign Envelope ID: C51B9067-7C21-4A9C-8DF7-0DAFFEFA6377 48 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/8/2025 - 5/8/2025
City of Palm Desert
Account Number
W1 02006608 05/08/2025 LOWE'S HOME CENTERS INC. 1104330 4219000 CHAINS/GATE OPENERS - CORPYARD 984333-041825 694.13 W1 02006609 05/08/2025 MERCHANTS BUILDING 1104330 4331000 AP25 JANITORIAL SVCS CORP YARD 868167 4,008.23 W1 02006609 05/08/2025 MERCHANTS BUILDING 1104340 4332600 AP25 JANITORIAL SVCS CITY HALL 868167 8,882.56 W1 02006609 05/08/2025 MERCHANTS BUILDING 1104344 4331000 AP25 JANITORIAL SVCS PORTOLA 868167 1,399.93 W1 02006609 05/08/2025 MERCHANTS BUILDING 2424549 4331101 AP25 JANITORIAL SRVS PDAC 868167 5,250.56 W1 02006609 05/08/2025 MERCHANTS BUILDING 2524662 4332600 AP25 JANITORIAL SRVS LIBRARY 868167 7,712.83 W1 02006609 05/08/2025 MERCHANTS BUILDING 4254430 4395000 AP25 JANITORIAL SVCS iHUB 868167 2,118.49 W1 02006609 05/08/2025 MERCHANTS BUILDING 5104195 4369500 AP25 JANITORIAL SVCS SHERIFF 868167 6,861.68 W1 02006609 05/08/2025 MERCHANTS BUILDING 5104195 4369601 AP25 JANITORIAL - PKVW STE 120 868169 381.22 W1 02006609 05/08/2025 MERCHANTS BUILDING 5104195 4369601 AP25 JANITORIAL - PARKVIEW 868168 2,596.63 W1 02006609 05/08/2025 MERCHANTS BUILDING 5104195 4369601 AP25 JANITORIAL SVCS PARKVIEW 868167 8,205.76 W1 02006609 05/08/2025 MERCHANTS BUILDING 5104195 4369602 AP25 JANITORIAL SVCS STATE 868167 6,258.53 W1 02006609 05/08/2025 MERCHANTS BUILDING 5104195 4369800 AP25 JANITORIAL SVCS HENDERSON 868167 1,040.42 W1 02006610 05/08/2025 MOLINA, AMBER 1104154 4311500 CJPIA MILE 4/09/25 AM 04092025 158.20 W1 02006611 05/08/2025 MOLLER'S GARDEN CENTER 1104611 4332001 LMA 16 TREES - HAYSTACK 632458 2,309.14 W1 02006612 05/08/2025 NAI CONSULTING INC 2134311 4332000 EL DORADO DR REHAB JN25-MR25 2024-04.06 3,960.00 W1 02006613 05/08/2025 OPERATION SAFEHOUSE INC 2204800 4388000 Operation SafeHouse CDBG 24-25 CDBG 24/25 18,000.00 W1 02006614 05/08/2025 PALMER ELECTRIC 1104610 4332100 R/M ELECT - CIVIC CENTER PARK 6431 5,865.00 W1 02006615 05/08/2025 PASCO DOORS 1104340 4331000 R/M DOORS - CITY HALL NW 102720 395.00 W1 02006616 05/08/2025 PAUL ABREGO 1100000 1150100 eBike Train PRDM 05/18-23 PABR ADV PRDM 5.18.25 473.00 W1 02006616 05/08/2025 PAUL ABREGO 1100000 1150100 eBike Train LDG 05/18-23 PABRE ADV LDG 5.18.25 877.11 W1 02006616 05/08/2025 PAUL ABREGO 1100000 1150100 eBike Train MILE 05/18-23 PABR ADV MILE 5.18.25 158.20 W1 02006617 05/08/2025 PEAC SOLUTIONS 1104190 4342000 4/20-5/19 XEROX LEASE 40459667 206.87 W1 02006618 05/08/2025 PROPER SOLUTIONS INC. 1104111 4300300 TEMP EMP J BELTRAN 4/25/25 17119 1,338.29 W1 02006619 05/08/2025 PVP COMMUNICATIONS INC. 1104210 4334000 24/25 COMMUNICATION GEAR RSO M 136294 1,177.70 W1 02006620 05/08/2025 RAP Foundation 1104110 4363000 Nestade RAP Board Dues 10125 500.00 W1 02006621 05/08/2025 READ WITH ME VOLUNTEER PROGRAMS 1104800 4388000 OA READ WITH ME FY24/25 FY24/25 OA PYMT 3,000.00 Report Date 05/08/2025 Page 9
City and Housing
Docusign Envelope ID: C51B9067-7C21-4A9C-8DF7-0DAFFEFA6377 49 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/8/2025 - 5/8/2025
City of Palm Desert
Account Number
W1 02006622 05/08/2025 SIMPLOT PARTNERS 1104310 4219000 25 GALLON WATER TANK 208164605 134.17 W1 02006623 05/08/2025 SOUTHERN CALIFORNIA EDISON 1104800 4388500 72577 HWY 111 ARTIST CENTER 700964822971AP25 529.64 W1 02006623 05/08/2025 SOUTHERN CALIFORNIA EDISON 1104340 4351400 44911 CABRILLO AVENUE 700471509061AP25 14.15 W1 02006623 05/08/2025 SOUTHERN CALIFORNIA EDISON 1104611 4351400 73510 FW PARKS 700530811124AP25 2,035.62 W1 02006623 05/08/2025 SOUTHERN CALIFORNIA EDISON 1104614 4351400 72573 1/2 HWY 111 ENTRADA 700822737068AP25 4.90 W1 02006623 05/08/2025 SOUTHERN CALIFORNIA EDISON 1104800 4388500 72567 HIGHWAY 111 ARTIST CTR 700773993861AP25 1,140.30 W1 02006623 05/08/2025 SOUTHERN CALIFORNIA EDISON 2304220 4351400 FIRESTATION 33, 67, 71 700028290904AP25 4,947.29 W1 02006623 05/08/2025 SOUTHERN CALIFORNIA EDISON 5104195 4369800 72559 HWY 111 UNIT A 700044643888AP25 711.68 W1 02006624 05/08/2025 SOUTHERN PACIFIC CONSTRUCTION 2300000 2060000 RTNT PP004 - FS67 RESTROOM RTNT-PP004 -106.95 W1 02006624 05/08/2025 SOUTHERN PACIFIC CONSTRUCTION 2304220 4400100 FS #67 - RESTROOM RENOVATION PP004 2,139.00 W1 02006625 05/08/2025 SOUTHWEST AQUATICS 1104610 4332001 AP25 R/M LAGOON CC PARK 04-23122 4,114.00 W1 02006625 05/08/2025 SOUTHWEST AQUATICS 1104614 4392101 APR25 R/M WATER FEAT ENTRADA 04-23122 1,030.00 W1 02006626 05/08/2025 SPERIDIAN TECHNOLOGIES LLC 1104190 4390000 Solution Checkpoint 5 Signoff 37043 56,080.00 W1 02006627 05/08/2025 SUPERCO SPECIALTY PRODUCTS 1104310 4391502 GRAFFITI REMOVAL SUPPLIES PSI613223 558.68 W1 02006628 05/08/2025 SUPERIOR READY MIX CONCRETE 1104310 4332000 R/M CONCRETE - 73270 GUADALUPE 950000301280 619.57 W1 02006628 05/08/2025 SUPERIOR READY MIX CONCRETE 1104310 4332000 R/M CONCRETE - COUNTRY CLUB 950000310915 575.39 W1 02006629 05/08/2025 T-MOBILE USA INC 1104210 4304200 GPS LOCATE/TIME AD T250830030 9601085498 165.00 W1 02006630 05/08/2025 TKE ENGINEERING INC 2134633 5000103 Walk & Roll - Ph 3 - Dec24 Svc 2024-1773 24,708.25 W1 02006630 05/08/2025 TKE ENGINEERING INC 2134633 5000103 Walk & Roll - Ph 3 - Jan25 Svc 2025-163 31,154.40 W1 02006631 05/08/2025 TOPS N BARRICADES INC. 1104310 4214000 REFLECTIVE WORK SHIRTS 1113304 123.03 W1 02006631 05/08/2025 TOPS N BARRICADES INC. 1104310 4219000 STREET SIGN SUPPLIES 1113249 679.69 W1 02006632 05/08/2025 VILLANUEVA, PAUL 1100000 1150100 CACEO ADV LDG 5/13-14 PAUL V ADV LDG 0525PV 278.24 W1 02006632 05/08/2025 VILLANUEVA, PAUL 1100000 1150100 CACEO ADV PRDM 5/13-14 PAUL V ADV PRDM 0525PV 129.00 W1 02006632 05/08/2025 VILLANUEVA, PAUL 1100000 1150100 CACEO ADV MILE 5/13-14 PAUL V ADV MILE 0525PV 134.96 W1 02006633 05/08/2025 VON HELF, CLAYTON 1104190 4212000 Harddrive - Reimburse CVH 4/28 BESTBUY-CVONHELF 76.11 W1 02006634 05/08/2025 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICALS - AQUATIC CENTER 5736012 2,351.61 W1 02006634 05/08/2025 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICALS - AQUATIC CENTER 5736829 2,074.95 Report Date 05/08/2025 Page 10
City and Housing
Docusign Envelope ID: C51B9067-7C21-4A9C-8DF7-0DAFFEFA6377 50 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/8/2025 - 5/8/2025
City of Palm Desert
Account Number
W1 02006635 05/08/2025 WAXIE 1104340 4219000 JANITORIAL SUPPLIES -CITY HALL 83171880 47.12 W1 02006636 05/08/2025 WEST COAST ARBORISTS INC 1104611 4332001 MISC TREE WORK - PARKS 224316 975.00 W1 02006636 05/08/2025 WEST COAST ARBORISTS INC 1104611 4332001 HARDWOOD PRUNING - HOVLEY 224167 7,470.00 W1 02006636 05/08/2025 WEST COAST ARBORISTS INC 1104611 4332001 HARDWOOD PRUNING - BAJA PARK 224168 6,708.00 W1 02006636 05/08/2025 WEST COAST ARBORISTS INC 1104614 4337001 MISC TREE WORK - MEDIANS 224316 2,925.00 W1 02006636 05/08/2025 WEST COAST ARBORISTS INC 4414195 4332000 MISC TREE WORK - DW 224316 4,875.00 W1 02006637 05/08/2025 WHITE CAP LP 1104310 4219000 R/M STREET SUPPLIES-BLADES 50031016125 1,518.11 W1 02006637 05/08/2025 WHITE CAP LP 1104310 4219000 SAFETY SUPPLIES - PPE 50031016248 351.25 W1 02006637 05/08/2025 WHITE CAP LP 1104310 4219000 R/M STREET SUPPLIES 50031068685 1,458.12 W1 02006638 05/08/2025 XPRESS GRAPHICS 2354270 4400200 FS102 Groundbreaking Event 25-70146 43.63 W1 02006638 05/08/2025 XPRESS GRAPHICS 1104417 4361000 Concert Decals 2025 25-70630 357.18 W1 02006638 05/08/2025 XPRESS GRAPHICS 1104159 4361000 AP Envelopes 25-70615 413.80 W1 02006638 05/08/2025 XPRESS GRAPHICS 2524662 4361000 APR25 PROG SUPPORT 25-70704 79.52 Examined and Approved Total For Bank ID - W1
1,051,885.01 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 05/08/2025 Page 11
City and Housing
Docusign Envelope ID: C51B9067-7C21-4A9C-8DF7-0DAFFEFA6377 51 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
5/8/2025 - 5/8/2025
City of Palm Desert
Account Number
W3 00002559 05/08/2025 BURKE WILLIAMS & SORENSEN LLP 7030000 2289900 MAR25 DW LOT C&D KAM 340697 963.00 W3 00002560 05/08/2025 IS PALM DESERT LP 7034121 4374000 MAY25 SEWER RENT PAYMENT MAY2025 11,639.40 Examined and Approved Total For Bank ID - W3
12,602.40 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 05/08/2025 Page 12
Successor Agency
Docusign Envelope ID: C51B9067-7C21-4A9C-8DF7-0DAFFEFA6377 52
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 8, 2025
PREPARED BY: Skky Garcia, Management Analyst
Veronica Chavez, Director of Finance
SUBJECT: APRIL PROCUREMENT REPORT
RECOMMENDATION:
Receive and file the monthly Procurement Report for April 2025.
BACKGROUND/ANALYSIS:
The monthly procurement report documents procurement activities for the City of Palm Desert for the month ending April 30, 2025, pursuant to the Purchasing Policy.
FINANCIAL IMPACT:
There is no financial impact with this action.
ATTACHMENTS:
Procurement Report for April 2025
53 54
Palm Desert Muni Code Chaper 3.30 - Purchasing System and Public Works Contracts Date Vendor Name Department Amount Document Type Description/Reason 4/1/2025 Jimmy Buffet Tribute Band Economic Development 3,600 Purchase Request Band for May Concerts in the Park Series - 5/29 4/2/2025 ESRI Information Technology 62,150 Purchase Request ESRI Advantage Program - GIS workshops 4/3/2025 MRG LLC City Clerk 30,000 Purchase Request Prof Consulting - Analyze City Clerk's Records Management Program 4/3/2025 Advantec Consulting Engineers, Inc Public Works 30,000 Task Order Prof Traffic Engineering Services - As needed 4/3/2025 SoCal Electrical & Lighting Inc. Public Works 25,000 Task Order Electrical and Lighting work for city owned facilities as needed 4/8/2025 Rising Realty Partners LP Economic Development 19,620 Change Order Request Property Management for Parkview 4/8/2025 Granicus Information Technology 6,000 Change Order Request Additional ADA features for the City's website Redesign project 4/8/2025 SunLine Transit Line Public Works 7,500 Purchase Request SunLine Transit's Annual Student Art Contest Sponorship 4/14/2025 Shasta Fire Protection Public Works 10,000 Purchase Request Installation of emergency fire sprinkler at the Artist Council Center 4/14/2025 Staples Public Works 2,871 Purchase Request New office desk for Corp Yard 4/17/2025 Sladden Engineering CIP 9,500 Purchase Request Geotechnical Engineering Services 4/18/2025 Michael Baker International CIP 31,800 Change Order Request Design and Engineering Servcies for Walk and Roll Phase 2 4/21/2025 Full Traffic Maintenance Public Works 2,615 Purchase Request 60 Type 1 Barricades 4/21/2025 Stryker Sales Corportation Public Works 5,251 Purchase Request Gurney batteries/accessories 4/22/2025 Patton Door & Gate Housing 45,110 Purchase Request Remove and Replace Gate Motors at One Quail Place 4/22/2025 The Altum Group Development Services 75,000 Purchase Request On-Call Planning and Environmental Services 4/22/2025 RSM, Inc. Public Works 68,000 Purchase Request Engineering and Design Services for PDAC improvements 4/25/2025 Mariposa Landscape Inc Public Works 65,520 Task Order Palm Tree Skinning 4/25/2025 Liberty Landscaping Inc. Housing 3,468 Purchase Request Monthly landscape maint. For Portola Palms lots 73 and 129 4/25/2025 Quinn Cat Public Works 4,500 Change Order Request Repairs to the City's backhoe 4/25/2025 Zumar Public Works 15,940 Purchase Request Purchase street name signs 4/28/2025 Fiesta Ford Public Works 6,500 Change Order Request Additional funds for as-needed repairs and maint. For City Ford Fleet 4/28/2025 Belfor Property Restoration Public Works 23,434 Task Order ADA Improvements to Historical Society 4/28/2025 Servpro Public Works 9,485 Task Order State Building Tenant Improvements 4/28/2025 Ozzie's International Public Works 6,500 Change Order Request Additional as-needed repairs and maint. to City Fleet 4/28/2025 Aflex Technology Public Works 2,369 Purchase Request Various pool Aflex accessories and attachments for PDAC 4/28/2025 Superb Engineering Inc. Public Works 4,516 Change Order Request Installation of a transformer and components for DW perimeter rehab 4/29/2025 Lowes Public Works 4,131 Purchase Request Purchase new Portacool Apex 4000 Cooler for FS#71 4/29/2025 Southern Pacific Construction Inc Public Works 2,139 Change Order Request Relocate RR speaking within the restroom at FS#67 4/29/2025 Alta Planning + Design, Inc. Public Works 40,861 Purchase Request Prof. Services to assist in preparing SS4A grant application 4/29/2025 Cornerstone Appliance Public Works 22,702 Purchase Request Purchase of TurboChef Convection oven & Eurodib frozen drink machine 4/29/2029 Garland/DBS Housing 57,971 Change Order Request Use of Cont. for roof repair of Santa Rosa Apartments 704,053.27
Administrative Contract/Purchase Approval by City Manager or Designee City of Palm Desert
April, 2025 Procurement Report
3.30.050-3.30.090
- Public projects, contracted services, professional services, and materials, supplies and equipment may all be awarded/approved by Department Head in best interest of the City up to $10,000. - Annual recurring contracted services, technology, and/or goods exception list may be approved by Finance Director not to exceed $25,000. - Public projects, contracted services, professional services, and materials, supplies and equipment may all be awarded/approved by City Manager in best interest of the City up to $75,000. - Public projects, contracted services, professional services, and materials, supplies and equipment may all be awarded/approved by City Manager in best interest of the City up to $250,000, if on approved vendor list. - Public projects, contracted services, professional services, and materials, supplies and equipment over $250,000 must be approved by City Council. - City Council may authorize City Manager to approve change orders, amendments, and contingency payments as part of their recommendation.
Purchasing Report for April 2025.xlsx Page 1
55 Date Vendor Name Department Amount Document Type Description/Reason 4/10/2025 West Coast Arborists, Inc Public Works 275,000 Change Order Additional Arboricultural Services 4/10/2025 Tri-Star contracting II, Inc Public Works 1,150,000 Maintenance Service Agreement On-call maintenance and repairs for public streets and spaces 4/10/2025 HDL Development Services 180,000 Amendment Amendment to extend Business License Tax and Fees for a one-year 4/10/2025 Flock Safety City Manager 693,750 Amendment Amendment to purchase and install 44 additional cameras and annual subscription 4/24/2025 Willdan, Veritas, Interwest Development Services 75,000 Contingency Authorize a contingency for supplemental plan review, inspections,and related services 4/24/2025 R Dependable Construction Public Works 41,394 Change Order Ratify Change Order 1 for ADA upgrades at the State Building 4/24/2025 Mariposa Landscapes, Inc Public Works 462,764 Maintenance Service Agreement Landscape Maintenance Area No. 1 with allowable extra work 4/24/2025 Mariposa Landscapes, Inc Public Works 393,588 Maintenance Service Agreement Landscape Maintenance Area No.2 with allowable extra work for 3,271,496
Total Contract Approvals 3,975,550
Release
Date Project Manager Department
Proposal
Due Date Project Name Description
4/14/2025 Ryan Gayler CIP 4/29/2025 2025 Slurry Seal Project Various Street Slurry Seal 4/16/2025 Lucero Leyva CIP 5/8/2025
FS 102- Gerald Ford Drive Street
Improvements
Street Improvements, Traffic Signal Improvements, Signing and Striping Improvements, Communication Improvements, and Installation of Landscape and Landscape Irrigation. 4/18/2025 Celina Cabrera Housing 5/19/2025
PDHA Assessment and Installation of Fire
Suppression System
Assessment, Design, and Installation of recommended Fire Suppression systems at three different housing properties: Las Serenas, Candlewood, and Neighbors.
4/24/2025 Neal Ennis/Ryan Lamb CIP 5/8/2025
Eldorado Drive Pavement Rehabilitation
Cold Milling asphalt, pulverizing road sections, striping and signage, various concrete demolition and construction.
4/24/2025 Ryan Gayler CIP 5/8/2025 El Paseo Street Rehabilitation Project The Project will rehabilitate the asphalt concrete street section from Highway 74, east to Highway 111. 4/25/2025 Neal Ennis CIP 5/20/2025
Bridge Preventative Maintenance Program
Cycle 2024-2025 Bridge repairs within the City Limits of Palm Desert These approvals are consistent with the Purchasing Policy and the FY 2024-25 Annual Budget.
Contract/Purchase Approval by City Council
Request for Proposals Posted during the Month
Purchasing Report for April 2025.xlsx Page 2
56 CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
MICHELLE NANCE, SENIOR DEPUTY CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
_____________________________________________________
A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________
Responding Department: __________________________ Date: ________________ Response:
No comment – okay to present to City Council.
Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary):
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ JACKSON FOOD STORES, INC. 72300 HIGHWAY 111 PALM DESERT CA 92260-2747 Wednesday, May 14, 2025. Development Services: Planning May 15, 2025 ✔ May 7, 2025
57 CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
0,&+(//(1$1&(, 6(1,25'(387<CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
_____________________________________________________
A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________
Responding Department: __________________________Date:B_______________ Response:
No comment – okay to present to City Council.
Refer to ______________________________________ related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary):
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ JACKSON FOOD STORES, INC. 72300 HIGHWAY 111 PALM DESERT CA 92260-2747 Wednesday, May 14, 2025.
Building and Safety May 8, 2025
✔
May 7, 2025
58 59
60
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 22, 2025
PREPARED BY: Michelle Nance, Senior Deputy Clerk
SUBJECT: RESOLUTION AMENDING AND RESTATING APPOINTMENTS TO THE
BOARD OF DIRECTORS OF THE PALM DESERT RECREATION
FACILITIES CORPORATION (PDRFC)
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING AND RESTATING THE APPOINTMENTS OF GINA
NESTANDE, EVAN TRUBEE, PHIL SMITH, AND OSCAR ARMIJO TO THE BOARD OF
DIRECTORS OF THE PALM DESERT RECREATION FACILITIES CORPORATION, AND RESCINDING ANY PRIOR RESOLUTIONS IN CONFLICT HEREWITH.” BACKGROUND/ANALYSIS:
The Palm Desert Recreation Facilities Corporation (PDRFC) is a nonprofit public benefit corporation incorporated on February 19, 1997, to support the development and operation of recreational facilities within the City of Palm Desert. Its primary function is to lease, operate, and manage the restaurant and bar at Desert Willow Golf Resort.
Pursuant to the Corporation’s Bylaws, the Board of Directors must consist of no fewer than two and no more than nine members, with no more than 50 percent of the Board comprising elected officials or senior management employees of the City of Palm Desert. Directors serve one-year terms and may be reappointed without term limits. Each Director remains in office until the end of their term and until a successor is appointed and qualified.
Currently, the PDRFC Board includes four members appointed by the City Council: two elected officials and two community members with a demonstrated interest in recreation and public service. In addition to appointing Directors, the Bylaws authorize the Board to appoint officers, including a President/Chief Executive Officer, Vice President(s), Chief Financial Officer, Secretary, and any assistant officers as needed.
At the upcoming annual Board meeting, the following officer appointments are recommended:
President/Chief Executive Officer: Richard Cannone
Vice President: Martin Alvarez
Chief Financial Officer: Veronica Chavez
Secretary: Anthony Mejia
61 City of Palm Desert
Palm Desert Recreation Facilities Corporation – Board of Directors
On January 9, 2025, the City Council reappointed Councilmember Gina Nestande and designated Mayor Pro Tem Evan Trubee as the alternate. However, the intended action was to appoint Mayor Pro Tem Trubee as a voting member. The accompanying resolution clarifies and formalizes his appointment as a voting Director.
Additionally, staff recommends reaffirming the appointments of Phil Smith and Oscar Armijo, who have served on the Board since their original appointments in 2009. This action ensures the official record accurately reflects their ongoing service.
To streamline future appointments, staff will align the annual appointment of the PDRFC Board of Directors with the City Council’s broader annual appointments to liaison roles, subcommittees, and external organizations, typically conducted in December or January.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no financial impact associated with this action.
ATTACHMENT:
1. Articles of Incorporation
2. PDRFC Board Bylaws, dated June 9, 2003
3. Draft Resolution – Affirming and Restating Appointments to the Board of Directors 62 52
1cc rsc
ARTICLES OF INCORPORATION
th<.• c:: cc ct i; e oc ci.. r. ot State
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OF
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PALM DESERT RECREATIONAL FACILITIES CORPORATION
A California Nonprofit Public Beneft Corporation J= C
31LL dONES, Se ry nf Stete
ARTICLE I
The name of this corporation is Palm Desert Recreational Facilities Corporation.
ARTICLE II
A. This corporation is a nonprofit public bene t corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for public purposes. This corporation is not organized for profit.
B. The specific purpose of this corporation is to lease, operate and manage a restaurant and bar in the Desert Willow Golf Course in Palm Desert, California, and any other recreation facilities determined by the City of Palm Desert.
ARTICLE III
The name and address in the State of California of this corporation' s initial agent for service of process is: Carlos L. Ortega, City of Palm Desert, 73- 510 Fred Waring Drive, Palm Desert, California 92260.
970207 P6402- 00001 sas 076128"7 ( 0)
63 A.RTICLE IV
A. This corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501( c)( 3) of the Internal Revenue Code, or the corresponding provision of any future United States internal revenue law.
B. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign ( including the publishing or distribution of statements) on behalf of any candidate for public office.
ARTICLE V
The principal office for the transaction of the business of this corporation is to be located in the City of Palm Desert, County of Palm Desert, State of California.
ARTICLE VI
The income of this corporation shall not inure to the benefit of any private person.
All income of this corporation shall inure to the benefit of ttie City of Palm Desert.
ARTICLE VII
This corporation shall dissolve whenever its charter is surrendered to, taken away by, or revoked by the City of Palm Desert.
970207 P6402- 00001 sas 0761287 ` O) 2 -
O
64 ARTICLE VIII
The property of this corporation is irrevocably dedicated to charitable, educational and civic purposes and, upon the liquidation, dissolution or abandonment thereof, the remaining assets of the corporation will not inure to the benefit of any private person, officer or director of this corporation, but, after paying or adequately providing for the debts, obligations and liabilities of the corporation, shall be distributed to the Ciry of Palm Desert, or to such fund, foundation or corporation organized and operated for charitable, educational and civic purposes as may be designated by the City Council of the City of Palm Desert, and none of the property, assets or earnings of this corporation may be used to carry on propaganda or otherwise attempt to influence legislation.
ARTICLE IX
The City of Palm Desert ( i) shall have the power to appoint or approve the appointment of 100% of the members of the board of this corporation, and ( ii) shall have the power to remove, for cause, directly, any member of the board of directors and appoint a successor.
ARTICLE X
The City of Palm Desert, a municipal corporation, shall be the sole member of this corporation.
70207 ? 54U2- 00001 yae 0761287 ! 0) 3 -
b
65 IN WITNESS WHEREOF I, the undersigned, constituting the incorporator of this corporation has hereunto set my hand this day of February, 1997. 9- ti
Jeffrey A. Rabi , Incorporator
970207 P6402- 00001 sas 0" 761287 10) 4 —
j)
66 67
68 69
70 RESOLUTION NO. PDRFC - 1
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
PALM DESERT RECREATIONAL FACILITIES CORPORATION,
ACKNOWLEDGING THE APPOINTMENT BY THE CITY OF
PALM DESERT OF DIRECTORS OF THE CORPORATION, APPOINTING
OFFICERS OF THE CORPORATION, APPROVING AMENDED AND
RESTATED BYLAWS, AND TAKING CERTAIN OTHER ACTIONS
THE BOARD OF DIRECTORS OF THE PALM DESERT RECREATIONAL
FACILITIES CORPORATION HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The City Council of the City of Palm Desert has appointed Richard S. Kelly, James C. Ferguson, David Tschopp and Russ Campbell to serve on the Board of Directors of the Corporation. The Board hereby acknowledges and accepts such appointment.
Section 2. The Board hereby appoints the following individuals to serve as officers of the Corporation:
Carlos L. Ortega President
Rachelle Klassen Secretary
Paul S. Gibson Chief Financial Officer
Such officers are hereby authorized and directed, for and in the name and on behalf of the Corporation, to carry out the day to day business and operations of the Corporation.
Section 3. The Board hereby approves the Amended and Restated Bylaws of the Palm Desert Recreational Facilities Corporation, attached hereto as Exhibit A.
Section 4. The City Manager of the City of Palm Desert has presented the Board with the food and beverage facilities budget for the coming fiscal year for the Desert Willow Golf Resort. The Board hereby approves the budget.
Section 5. The City Manager ofthe City ofPalm Desert has presented the Board with the Management Agreement by and among the City of Palm Desert, Kemper Sports Management, Inc. and the Palm Desert Recreational Facilities Corporation.
The Board hereby approves the Management Agreement, and the President of the Corporation, if hereby authorized and directed, for and in the name and on behalf of the Corporation, to execute the Management Agreement.
Section 6. The Board of Directors hereby ratifies and confirms all actions taken by the Board, officers and staff of the Corporation since the last meeting ofthe Board. 71 4
RESOLUTION NO. PDRFC - 1
PASSED, APPROVED, and ADOPTED by the Board of Directors of the Palm Desert Recreational Facilities Corporation, this 9th day of June, 2003, by the following vote, to wit:
AYES: CAMPBELL, KELLY, TSCHOPP, AND FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
10,_ .
i.P
SECRETARY
736501- 4 72
RESOLUTION NO. PDRFC - 1
EXHIBIT " A"
AMENDED AND RESTATED
BYLAWS OF THE
PALM DESERT RECREATIONAL FACILITIES CORPORATION
736501- 4
73 AMENDED AND RESTATED
BYLAWS OF THE
PALM DESERT RECREATIONAL FACILITIES CORPORATION
a California Nonprofit Public Benefit Corporation)
ARTICLE I
OFFICES
SECTION 1. 01. PRINCIPAL OFFICE
The principal office for the transaction of the activities and affairs of the corporation (" principal office") is located at 73- 510 Fred Waring Drive, Palm Desert California 92260. The Board of Directors ("the Board") may change the principal office from one location to another. Any change of location of the principal office shall be noted by the Secretary on these Bylaws opposite this Section, or this Section may be amended to state the new location.
SECTION 1. 02. OTHER OFFICES.
The Board may at any time establish branch or subordinate offices at any place or places where the corporation is qualified to conduct its activities.
ARTICLE II
PURPOSES AND LIMITATIONS
SECTION 2. 01. PURPOSES
This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the California Nonprofit Public Benefit Corporation Law for charitable and public purposes. This corporation is organized exclusively for charitable purposes within the meaning of Section 501( c)( 3) of the Internal Revenue Code of 1986 ( or the corresponding provision of any future United State Internal Revenue Law). Notwithstanding any other provision of these Bylaws, this corporation shall not, except to an insubstantial degree, carry on or engage in any activities or exercise any powers that are not in furtherance of the purposes of this corporation, and the corporation shall not carry on any other activities not permitted to be carried on ( i) by a corporation exempt from Federal income tax under Section 501( c)( 3) of the Internal Revenue Code of 1986 ( or the corresponding provision of any future United States Internal Revenue Law); ii) by a corporation, contributions to which are deductible under Section 170( c)( 2) of the 736509- 3
74 Internal Revenue Code of 1986 ( or the corresponding provision of any future United States Internal Revenue Law).
SECTION 2. 02. LIMITATIONS
a) Political activity. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and this corporation shall not participate in or intervene in ( including the publishing or distributing of statements in connection with) any political campaign on behalf of any candidate for public office.
b) Property. The property, assets, profits and net income are dedicated irrevocably to the purposes set forth in Section 2. 01 above. No part of the profits or net earnings of this corporation shall ever inure to the benefit of any of its Directors, trustees, officers, members ( if any), employees, or to the benefit of any private individual. c) Dissolution. Upon the winding up and dissolution of this corporation, after paying or adequately providing for the payment of the debts, obligations and liabilities of the corporation, the remaining assets of this corporation shall be distributed to the City of Palm Desert, or to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established its tax- exempt status under Section 501( c)( 3) of the Internal Revenue Code of 1986 ( or the corresponding provision of any future United States Internal Revenue Law.)
ARTICLE III
MEMBERSHIP
SECTION 3. 01. SOLE MEMBER
The City of Palm Desert shall be the sole member of this corporation and shall act through its City Council in accordance with the City' s Municipal Code and the applicable state laws. The function of the member shall be to elect the Board of Directors and to perform such other duties as the Board of Directors may from time to time assign or establish with the prior approval of the member.
SECTION 3. 02. ASSOCIATES
The corporation may refer to other persons associated with it as " members" even though such persons are not members within the meaning of that term under Section 5056 of the California Nonprofit Corporation Law or any corresponding Section of any future California nonprofit corporation law. The corporation may confer by amendment of its Articles of Incorporation, some or all of the rights of a member, as set forth in the California Nonprofit Public Benefit Corporation Law, upon any person or persons who do not have the right to vote for the selection of directors, on disposition of substantially all of the assets of the corporation, on a merger or on a dissolution, or on changes of the 736509- 3
75 corporation' s Articles of Incorporation or these Bylaws, but no such person shall be a member within the meaning of that term under Section 5056 of the California Nonprofit Corporation Law or any corresponding Section of any future California Nonprofit Corporation law.
ARTICLE IV
DIRECTORS
SECTION 4. 01. POWERS
a) General corporate powers. Subject to the provisions and limitations of the California Nonprofit Corporation Law and any other applicable laws, and any limitations of the Articles of Incorporation and of these Bylaws, the activities and affairs of the corporation shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board.
b) Specific Powers. Without prejudice to these general powers, but subject to the same limitations, the Directors shall have the power to:
i) Appoint and remove, at the pleasure of the Board, all officers, agents and employees of the corporation; prescribe powers and duties for them that are consistent with law, with the Articles of Incorporation and with these Bylaws; and fix their compensation and require from them security for faithful performance of their duties. ii) Change the principal office or the principal business office in the State of California from one location to another; cause the corporation to be qualified to conduct its activities in any other state, territory, dependency or country and conduct its activities within or outside the State of California; and designate any place within or outside the State of California for the holding of any meeting, including annual meetings.
iii) Adopt and use a corporate seal and alter the form thereof. iv) Borrow money and incur indebtedness on behalf of the corporation and cause to be executed and delivered for the purposes of the corporation, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations and other evidences of debt and securities. v) Appoint an Executive Committee ( subject to the provisions of the Bylaws) and other committees, and to delegate to the Executive Committee any of the powers and authority of the Board in the management of the business and affairs of the corporation, except the power to amend or repeal Bylaws. Right of notice and participation by the City of Palm Desert representatives at any committee meeting shall be the same as the provided in Section 4. 13, below.
736509- 3
76 SECTION 4. 02. NUMBER AND ELECTION OF DIRECTORS AND RESTRICTIONS ON
DIRECTORS
a) Authorized number. The authorized number of Directors shall be at least two, but not more than nine until changed by amendment of the Bylaws, with the exact number of directors to be fixed by approval of the Board or the member. b) Election of Directors. The original Directors shall be designated by the Incorporator( s). Thereafter, the Board of Directors shall be elected by the member.
No more than 50% of the Directors shall be elected officials or senior management employees of the City of Palm Desert. Each Director, including a Director elected to fill a vacancy or elected at a special member' s meeting, shall hold office until expiration of the term for which elected and until a successor has been elected and qualified. c) Restrictions on Directors. Not more than 20 percent of the persons serving on the Board may be interested persons. An interested person is ( 1) any person being compensated by the corporation for services rendered to it within the previous twelve 12) months, whether as a full-time or part-time employee, independent contractor, or otherwise; and ( 2) any brother, sister, ancestor, descendant, spouse, brother-in- law, sister-in- law, son- in- law, daughter- in- law, mother-in- law or father-in- law of such person.
However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the corporation. A Director may not participate in any vote on any proposed transaction with another organization or entity of which such Director is also an employee, principal or director. However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the corporation.
SECTION 4. 03. TERM OF OFFICE OF DIRECTORS
The Directors newly appointed or selected in accordance with Section 4. 02( b) shall hold office for a term of one year, or until successor Directors are elected.
SECTION 4. 04. VACANCIES
a) Events causing vacancy. A Director may be removed by a two-thirds vote of the governing body of the member. A vacancy or vacancies on the Board shall exist on the occurrence of the following: ( i) the death, removal, suspension or resignation of any Director; or ( ii) the declaration by resolution of the Board of a vacancy in the office of a Director who has been declared of unsound mind by an order of court or convicted of a felony or has been found by final order or judgment of any court to have breached a duty under California Nonprofit Corporation Law.
b) Resignations. Except as provided in this Subsection, any Director may resign effective upon giving written notice to the chairman of the Board, if any, or the President or the Secretary of the Board, unless such notice specifies a later time for the resignation to become effective. Except upon notice to the Attorney General of the State of 736509- 3
77 California, no Director may resign when the corporation would then be left without a duly elected Director or Directors in charge of its affairs. c) Filling vacancies. Any vacancy on the Board shall be filled by vote of the remaining Directors, whether or not Tess than a quorum, or by a sole remaining Director. d) No vacancy on reduction of number of Directors. No reduction of the authorized number of Directors shall have the effect of removing any Director before the Director' s term of office expires.
SECTION 4. 05. PLACE OF MEETINGS; MEETINGS BY TELEPHONE Meetings of the Board shall be held at the principal office of the corporation or at such other place designated by the Board. In the absence of any such designation, meetings shall be held at the principal office of the corporation. Any meeting may be held by conference telephone or similar communication equipment, so long as all Directors participating in the meeting can hear one another, and all such Directors shall be deemed to be present in person at such meeting.
SECTION 4. 06. ANNUAL, REGULAR AND SPECIAL MEETINGS
a) Annual Meeting. The Board shall hold an annual meeting in conjunction with its regularly scheduled meeting for the purpose of organization, election of officers and the transaction of other business; provided, however, that the Board may fix another time for the holding of its annual meeting. Notice of this meeting shall not be required. b) Regular Meetings. The regular meeting shall be held on the second Monday of June at 11: 00 A. M., at the principal office of the corporation, or at any other place designated from time to time by resolution of the Board. Said meeting shall be held without notice.
c) Special Meetings.
i) Authority To Call. Special meetings of the Board for any purpose may be called at any time by the Chairman of the Board, if any, the President or any Vice President, or the Secretary or any two Directors.
ii) Notice.
a. Manner of Giving Notice. Notice of the time and place of special meetings shall be given to each Director by one of the following methods:
1. by personal delivery of written notice;
2. by first- class mail, postage pre -paid;
736509- 3
78 3. by telephone, either directly to the Director or to a person at the Director' s office who would
reasonably be expected to communicate that
notice promptly to the Director; or
4. by telegram, charges prepaid. All such notices
shall be given or sent to the Director' s address to
telephone number as shown on the records of the
corporation.
b. Time Requirements. Notices sent by first- class mail shall be deposited in the United States mails at least four ( 4) days before the time set for the meeting. Notices given by personal delivery, telephone including FAX transmission, or telegraph shall be delivered, telephoned, or given to the telegraph company at least forty-eight ( 48) hours before the time set for the meeting. c. Notice Contents. The notice shall state the time of the meeting, and the place if the place is other than the principal office of the corporation. It need not specify the purpose of the meeting.
SECTION 4. 07. QUORUM
A majority of the authorized number of Directors shall constitute a quorum for the transaction of business, except to adjourn as provided in Section 4. 09. Subject to the more stringent provisions of the California Nonprofit Public Benefit Corporation Law, including, without limitation, those provisions relating to ( i) approval of contracts or transactions in which a Director has a direct or indirect material financial interest, ii) approval of certain transactions between corporations having common directorship, iii) creation of an appointment of committees of the Board and ( iv) indemnification of Directors, every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board.
A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of Directors, if any action taken is approved by at least a majority of the required quorum for that meeting.
SECTION 4. 08. WAIVER OF NOTICE
Notice of a meeting need not be given any Director who signs a waiver of notice or a written consent to holding the meeting or an approval of the minutes thereof, whether before or after the meeting. The waiver of notice or consent need not specify the purpose of the meeting. All such waivers, consents and approvals shall be filed with the corporate records or made a part of the minutes of the meetings. Notice of a meeting need not be given by any Director who attends the meeting without protesting before or at its commencement the lack of notice to such Director.
736509- 3
79 SECTION 4. 09. ADJOURNMENT
A majority of the Directors present, whether or not a quorum is present, may adjourn any meeting to another time and place.
SECTION 4. 10. NOTICE OF ADJOURNED MEETING
Notice of the time and place of holding an adjourned meeting need not be given, unless the original meeting is adjourned for more than twenty-four ( 24) hours, in which case notice of any adjournment to another time and place shall be given before the time of the adjourned meeting to the Directors who were not present at the time of the adjournment.
SECTION 4. 11. ACTION WITHOUT MEETING
Any action required or permitted to be taken by the Board may be taken without a meeting, if all members of the Board consent in writing to that action. Such action by written consent shall have the same force and effect as any other validly approved action of the Board. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. For the purposes of this Section 4. 11 only, "all members of the Board" shall not include Directors who have a material financial interest in a transaction to which the corporation is a party.
SECTION 4. 12. FEES AND COMPENSATION
This corporation shall not compensate directors, members of committees, officers or employees for their services, but may reimburse directors, members of committees, officers or employees for their reasonable and necessary expenses incurred on behalf of the corporation, in accordance with such rules and procedures as may be established by the Board of Directors.
SECTION 4. 13. PARTICIPATION OF CITY OFFICIALS
The City Manager and members of the City Council of the City of Palm Desert shall be entitled to make recommendations to the Board of Directors or any committee thereof with respect to any matter at any meeting thereof. The City Manager and each member of the City Council of the City of Palm Desert or their authorized representatives shall have the right to attend any meeting of the Board of Directors or any committee thereof with the right of debate, but he or she shall not be entitled to vote on any matter considered by the Board of Directors or any committee thereof. 736509- 3
80 ARTICLE V
COMMITTEES
SECTION 5. 01. COMMITTEES OF THE BOARD
The Board, by resolution adopted by a majority of the Directors then in office, may create one or more committees, each consisting of two or more Directors, to serve at the pleasure of the Board. Appointments to committees of the Board shall be by majority vote of the Directors then in office. The Board may appoint one or more Directors as alternate members of any such committee, who may replace an absent member at any meeting. Any such committee, to the extent provided in the resolution of the Board, shall have all of the authority of the Board, except that no committee, regardless of Board resolution, may:
a) fill vacancies on the Board or in any committee which has the authority of the Board;
b) establish or fix compensation of the Directors for serving on the Board or on any committee;
c) amend or repeal Bylaws or adopt new Bylaws;
d) amend or repeal any resolution of the Board which by its express terms is not so amendable or repealable;
e) appoint any other committees of the Board or the members of these committees;
f) approve any contract or transaction to which the corporation is a party and in which one or more of its Directors has a material financial interest, except as such approval is provided for in Section 5233( d)( 3) of the California Corporations Code.
ARTICLE VI
OFFICERS
SECTION 6. 01. OFFICERS
The officers of the corporation shall include a President, a Secretary, and a Chief Financial Officer. The corporation may also have, at the Board' s discretion, a Chairman of the Board, one or more Vice Presidents, one or more assistant Secretaries, one or more assistant Treasurers, and such other officers as may be appointed in accordance with Section 6. 03 of these Bylaws. Any number of offices may be held by the same person, except that neither the Secretary nor the Chief Financial Officer may serve concurrently as either the President or the Chairman of the Board. 736509- 3
81 SECTION 6. 02. ELECTION OF OFFICERS
The officers of the corporation, except those appointed in accordance with the provisions of Section 6. 03 of this Article VI, shall be chosen by the Board of Directors, and each shall serve at the pleasure of the Board, subject to the rights, if any, of an officer under any contract of employment.
SECTION 6. 03. OTHER OFFICERS
The Board may appoint and may authorize the Chairman of the Board or the President or another officer to appoint other officers that the corporation may require, each of whom shall have the title, hold office for the period, have the authority and perform the duties specified in the Bylaws determined from time to time by the Board.
SECTION 6. 04. REMOVAL OF OFFICERS
Subject to the rights, if any, of an officer under contract of employment, any officer may be removed, with or without cause, by the Board of Directors, or, except in case of an officer chosen by the Board of Directors, by an officer on whom such power of removal may be conferred by the Board of Directors.
SECTION 6. 05. RESIGNATION OF OFFICERS
Any officer may resign upon written notice to the corporation without prejudice to the rights, if any, of the corporation under any contract to which the officer is a party.
SECTION 6. 06. VACANCIES IN OFFICE
A vacancy occurring in any office because of death, resignation, removal or other cause, shall be filled in the manner prescribed in these Bylaws for regular appointments to that office.
SECTION 6. 07. RESPONSIBILITIES OF OFFICERS
a) Chairman of the Board. If a Chairman of the Board is elected, he or she shall preside at meetings of the Board and shall exercise and perform such other powers and duties as the Board may assign from time to time. If there is no President, the Chairman of the Board shall also be the Chief Executive Officer and shall have the powers and duties of the President of the corporation prescribed by these Bylaws. b) President/ Chief Executive Officer. Subject to the control and supervision of the Board, the President shall be the Chief Executive Officer and general manager of the corporation and shall generally supervise, direct and control the activities and affairs and the officers of the corporation. The President, in the absence of the Chairman of the Board, or if there be none, shall preside at all meetings of the Board. The 736509- 3
82 President shall have such other powers and duties as may be prescribed by the Board or these Bylaws.
c) Vice Presidents. In the absence or disability of the President, the Vice Presidents, if any, in order of their rank, shall perform all of the duties of the President, and, when so acting, shall have all the powers of and be subject to all of the restrictions upon the President. The Vice Presidents shall have such other powers and perform such other duties as from time to time may be prescribed for them by the Board or the Bylaws. d) Secretary.
i) Book of minutes. The Secretary shall keep or cause to be kept, at the principal office or such other place as the Board may direct, a book of minutes of all meetings and actions of the Board and of committees of the Board. The Secretary shall also keep, or cause to be kept, at the principal office in the State of California, a copy of the Articles of Incorporation and Bylaws, as amended to date. If the corporation is one having members, the Secretary shall also maintain a complete and accurate record of the membership of the corporation, as well as a record of the proceedings of all meetings of the membership.
ii) Notices, seal and other duties. The Secretary shall give, or cause to be given, notice of all meetings of the Board and of committees of the Board required by these Bylaws to be given. The Secretary shall keep the seal of the corporation in safe custody and shall have such other powers and perform such other duties as may be prescribed by the Board or the Bylaws.
e) Chief Financial Officer.
i) Books of account. The Chief Financial Officer of the corporation shall keep or maintain, or cause to be kept or maintained, adequate and correct books and accounts of the properties and transactions of the corporation, and shall send or cause to be sent to the Directors such financial statements and reports as are required by law or these Bylaws to be given. The books of account shall be open to inspection at all reasonable times by any Director, by the City Manager of the City of Palm Desert or his or her designee, and by any member of the City Council of the City of Palm Desert. ii) Deposit and disbursement of money and valuables. The Chief Financial Officer shall deposit all money and other valuables in the name and to the credit of the corporation with such depositories as may be designated by the Board, shall disburse the funds of the corporation as may be ordered by the Board, shall render to the President or Chairman of the Board, if any, when requested, an account of all transactions as Chief Financial Officer and of the financial condition of the corporation and shall have other powers and perform such other duties as may be prescribed by the Board or the Bylaws.
736509- 3
83 iii) Bond. If required by the Board, the Chief Financial Officer shall give the corporation a bond in the amount and with the surety or sureties specified by the Board for faithful performance of the duties of the office and for restoration to the corporation of all its books, papers, vouchers, money and other property of every kind in the possession or under the control of the Chief Financial Officer upon death, resignation, retirement or removal from office.
ARTICLE VII
INDEMNIFICATION OF DIRECTORS, OFFICERS,
EMPLOYEES, AND OTHER AGENTS
SECTION 7. 01. DEFINITIONS
For the purposes of this Article VII, " agent" means any person who is or was a director, officer, employee, or other agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, or other enterprise; " proceeding" means any threatened, ending, or completed action or proceeding, whether civil, criminal, administrative, or investigative; and " expenses" includes without limitation attorneys' fees and any expenses of establishing a right to indemnification under Section 7. 02 or 7. 03 of this Article VII.
SECTION 7. 02. INDEMNIFICATION IN ACTIONS BY THIRD PARTIES The corporation shall have power to indemnify any person who was or is a party or is threatened to be made a party to any proceeding ( other than an action by or in the right of the corporation to procure a judgment in its favor, an action brought under Section 5233 of the California Nonprofit Public Benefit Corporation Law, or an action brought by the Attorney General or a person granted relator status by the Attorney General for any breach of duty relating to assets held in charitable trust), by reason of the fact that such person is or was an agent of the corporation, against expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with such proceeding if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the corporation and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful.
The termination of any proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which the person reasonably believed to be in the best interests of the corporation or that the person had reasonable cause to believe that the person' s conduct was unlawful.
736509- 3
84 SECTION 7. 03. INDEMNIFICATION IN ACTIONS BY OR IN THE RIGHT OF THE
CORPORATION
The corporation shall have the power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action by or in the right of the corporation, or brought under Section 5233 of the California Nonprofit Public Benefit Corporation Law, or brought by the Attorney General or a person granted relator status by the Attorney General for breach of duty relating to assets held in charitable trust, to procure a judgment in its favor by reason of the fact that such person is or was an agent of the corporation, against expenses actually and reasonably incurred by such person in connection with the defense or settlement of such action if such person acted in good faith, in a manner such person believed to be in the best interests of the corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. No indemnification shall be made under this Section 7. 03:
a) In respect of any claim, issue, or matter as to which such person shall have been adjudged to be liable to the corporation in the performance of such person' s duty to the corporation, unless and only to the extent that the court in which such proceeding is or was pending shall determine upon application that, in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for the expenses which such court shall determine; b) Of amounts paid in settling or otherwise disposing of a threatened or pending action, with or without court approval; or
c) Of expenses incurred in defending a threatened or pending action which is settled or otherwise disposed of without court approval, unless it is settled with the approval of the Attorney General.
SECTION 7. 04. INDEMNIFICATION AGAINST EXPENSES
To the extent that a agent of the corporation has been successful on the merits in defense of any proceeding referred to in Section 7. 03 or 7. 04 of this Article VII or in defense of any claim, issue, or matter therein, the agent shall be indemnified against expenses actually and reasonably incurred by the agent in connection therewith.
SECTION 7. 05. REQUIRED DETERMINATIONS
Except as provided in Section 7. 04 of this Article VII any indemnification under this Article V11 shall be made by the corporation only if authorized in the specific case, upon a determination that indemnification of the agent is proper in the circumstances because the agent has met the applicable standard of conduct set forth in Section 7. 02 or
7. 03 of this Article VII, by:
736509- 3
85 a) A majority vote of a quorum consisting of directors who are not parties to such proceeding; or
b) The court in which such proceeding is or was pending upon application made by the corporation or the agent or the attorney or other person rendering services in connection with the defense, whether or not such application by the agent, attorney, or other person rendering services in connection with the defense, is opposed by the corporation. If the Board cannot authorize indemnification because the number of Directors who are parties to the proceeding with respect to which indemnification is sought is such as to prevent the formation of a quorum of Directors who are not parties to such proceeding, the Board or the attorney or other person rendering services in connection with the defense shall apply to the court in which such proceeding is or was pending to determine whether the applicable standard of conduct set forth in Section 5238( b) or Section 5238( c) has been met.
SECTION 7. 06. ADVANCE OF EXPENSES
Expenses incurred in defending any proceeding may be advanced by the corporation prior to the final disposition of such proceeding upon receipt of an undertaking by or on behalf of the agent to repay such amount unless it shall be determined ultimately that the agent is entitled to be indemnified as authorized in this Article VII.
SECTION 7. 07. OTHER INDEMNIFICATION
No provision made by the corporation to indemnify its or its subsidiary' s directors or officers for the defense of any proceeding, whether contained in these Bylaws, a resolution of directors, an agreement, or otherwise, shall be valid unless consistent with this Article VII. Nothing contained in this Article VII shall affect any right to indemnification to which persons other than such directors and officers may be entitled by contract or otherwise.
SECTION 7. 08. FORMS OF INDEMNIFICATION NOT PERMITTED
No indemnification or advance shall be made under this Article VII, except as provided in Section 7. 04 or 7. 05( b), in any circumstances where it appears:
a) That it would be inconsistent with a provision of the Articles of Incorporation, these Bylaws, or an agreement in effect at the time of the accrual of the alleged cause of action asserted in the proceeding in which the expenses were incurred or otherwise amounts were paid, which prohibits or otherwise limits indemnification; or b) That it would be inconsistent with any condition expressly imposed by a court in approving a settlement.
736509- 3
86 SECTION 7. 09 INSURANCE
The corporation shall have power to purchase and maintain insurance on behalf of any agent of the corporation against any liability asserted against or incurred by the agent in such capacity or arising out of the agent' s status as such whether or not the corporation would have the power to indemnify the agent against such liability under the provisions of this Article VII, provided, however, that a corporation shall have no power to purchase and maintain such insurance to indemnify any agent of the corporation for a violation of Section 5233 of the California Nonprofit Public Benefit Corporation Law.
SECTION 7. 10. NONAPPLICABILITY TO FIDUCIARIES OF EMPLOYEE BENEFIT PLANS This Article VII does not apply to any proceeding against any trustee, investment manager, or other fiduciary of an employee benefit plan in such person' s capacity as such, even though such person may also be an agent of the corporation as defined in Section 7. 01 of this Article VII. The corporation shall have power to indemnify such trustee, investment manager or other fiduciary to the extent permitted by subdivision f) of Section 207 of the California General Corporation Law.
ARTICLE VIII
RECORDS AND REPORTS
SECTION 8. 01. MAINTENANCE OF CORPORATE RECORDS
The corporation shall keep:
a) Adequate and correct books and records of account;
b) Minutes in written form of the proceedings of the Board and committees of the Board.
c) If applicable, a record of its members, giving their names and addresses and the class of membership held.
SECTION 8. 02. INSPECTION BY DIRECTORS
Every Director shall have the absolute right at any reasonable time to inspect all books, records and documents of every kind and the physical properties of the corporation and the records of each of its subsidiary corporations. This inspection by a Director may be made in person or by an agent or attorney, and the right of inspection includes the right to copy and make extracts of documents. 736509- 3
87 SECTION 8. 03. ANNUAL REPORT
Except as provided under Section 6321( c)( d) or ( f) of the California Corporations Code, not later than one hundred twenty ( 120) days after the close of the fiscal year of the corporation, the Board shall cause an annual report to be sent to all members of the Board. Such report shall contain the following information in reasonable detail:
a) The assets and liabilities, including the trust funds, of the corporation as of the end of the fiscal year.
b) The principal changes in assets and liabilities, including trust funds, during the fiscal year.
c) The revenue or receipts of the corporation, both unrestricted and restricted to particular purposes, for the fiscal year. d) The expenses or disbursements of the corporation, for both general and restricted purposes, during the fiscal year.
e) Any information required by Section 8.04.
The annual report shall be accompanied by any report on it of independent accountants or, if there is no such report, by the certificate of an authorized officer of the corporation that such statements were prepared without audit from the corporation' s books and records.
SECTION 8.04. ANNUAL STATEMENT OF CERTAIN TRANSACTIONS AND
INDEMNIFICATIONS
The corporation shall prepare annually and furnish to each director a statement of any transaction or indemnification of the following kind within one hundred twenty ( 120) days after the close of the fiscal year of the corporation:
a) Any transaction to which the corporation, its parent or its subsidiary was a party, and in which any Director or officer of the corporation, its parent or subsidiary (but mere common director -ship shall not be considered such an interest) had a direct or indirect material financial interest, if such transaction involved over fifty thousand dollars 50, 000), or was one of a number of transactions with the same person involving, in the aggregate, over fifty thousand dollars ($ 50, 000).
b) Any indemnifications or advances aggregating more than ten thousand dollars ($ 10, 000) paid during the fiscal year to any officer or Director of the corporation pursuant to Article VI! hereof.
736509- 3
88 The statement shall include a brief description of the transaction, the names of the Director( s) or officer(s) involved, their relationship to the corporation, the nature of such person' s interest in the transaction and, where practicable, the amount of such interest; provided, that in the case of a partnership in which such person is a partner, only the interest of the partnership need be stated.
ARTICLE IX
CONSTRUCTION AND DEFINITIONS
Unless the context otherwise requires, the general provisions, rules of construction and definitions in the California Nonprofit Public Benefit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the above, the masculine gender includes the feminine and neuter, the singular includes the plural and the plural includes the singular and the term " person" includes both a legal entity and a natural person.
ARTICLE X
AMENDMENTS
SECTION 10. 01. AMENDMENT OF BYLAWS
The Board may adopt, amend, or repeal Bylaws, except that ( 1) if any provision of these Bylaws requires the vote of a larger proportion of the Board than is otherwise required by law, that provision may not be altered, amended, or repealed except by that greater vote; ( 2) Section 4. 02( b) of Article IV, and any provision of these Bylaws which confers rights upon the Board, may only be amended or repealed by approval of the Board; and ( 3) any amendment or repeal shall be approved by the member in writing.
The term " majority," as used in this Section, is as defined in the California Nonprofit Corporation Law.
SECTION 10. 02. MAINTENANCE OF RECORDS
The Secretary of the corporation shall see that a true and correct copy of all amendments of the Bylaws, duly certified by the Secretary, is attached to the official Bylaws of the corporation and is maintained with the official records of the corporation at the principal office of the corporation.
736509- 3
89 ARTICLE XI
MISCELLANEOUS
SECTION 11. 01. EXECUTION OF CHECKS AND DRAFTS
All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness, issued in the name of or payable the corporation, shall be signed or endorsed by such person or persons and in such manner as, from time to time, shall be determined by resolution of the Board of directors.
SECTION 11. 02. EXECUTION OF CONTRACTS
The Board of directors, except as otherwise provided in these Bylaws, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances; and unless so authorized by the Board of Directors, no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit to render it liable for any purpose or to any amount.
SECTION 11. 03. REPRESENTATION OF SHARES OF OTHER CORPORATIONS The President or any Vice President or the Secretary or Assistant Secretary of the corporation from time to time designated by general resolution of the Board of Directors, and acting individually and without necessity for specific resolution, are authorized to vote, represent and exercise on behalf of the corporation all rights incident to any and all shares of any other corporation or corporations standing in the name of the corporation. The authority herein granted to such officers to vote or represent on behalf of the corporation any and all shares held by the corporation in any other corporation or corporations may be exercised either by such officers in person or by any person authorized so to do by proxy or power of attorney duly executed by such officers.
SECTION 11. 04. CERTIFICATE OF SECRETARY
A Certificate of the Secretary of this Corporation shall be affixed to the original, or most recent amended version of the Bylaws, such Certificate to be in the following form. 736509- 3
90 CERTIFICATE OF SECRETARY
I certify that I am the duly elected and acting Secretary of Palm Desert Recreational Facilities Corporation, a California nonprofit public benefit corporation, that the above bylaws, consisting of 17 pages, are the bylaws of this corporation as adopted by the board of directors on . T. E_ 4 , 2003, and that they have not been amended or modified since that date.
Executed on 704 3 , 2003, at Palm Desert, California.
736509- 3 91
92 RESOLUTION NO. 2025-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING AND RESTATING THE
APPOINTMENTS OF GINA NESTANDA, EVAN TRUBEE, PHIL SMITH,
AND OSCAR ARMIJO TO THE BOARD OF DIRECTORS OF THE PALM
DESERT RECREATION FACILITIES CORPORATION, AND
RESCINDING ANY PRIOR RESOLUTIONS IN CONFLICT HEREWITH
WHEREAS, the Palm Desert Recreation Facilities Corporation (PDRFC) is a nonprofit public benefit corporation incorporated on February 19, 1997, to support the development and operation of recreational facilities within the City of Palm Desert, including leasing, operating, and managing the restaurant and bar at Desert Willow Golf Resort; and
WHEREAS, pursuant to the Corporation’s Bylaws, the Board of Directors shall consist of no fewer than two and no more than nine members, with no more than 50 percent of the Board comprising elected officials or senior management employees of the City of Palm Desert; and
WHEREAS, each Director serves a one-year term and continues in office until a successor is appointed and qualified; and
WHEREAS, the current Board includes two elected officials and two community members with a demonstrated interest in recreation and public service; and WHEREAS, Phil Smith and Oscar Armijo have continuously served on the Board since their original appointments in 2009, and the City Council desires to reaffirm their appointments to ensure the official record accurately reflects their service.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:
SECTION 1. The City Council hereby confirms the following appointments to the Board of Directors of the Palm Desert Recreation Facilities Corporation:
Gina Nestande
Evan Trubee
Phil Smith
Oscar Armijo
SECTION 2. The City Council directs City staff to align future PDRFC Board appointments with the City Council’s annual appointments to liaison roles, subcommittees, and external organizations, typically conducted in December or January of each year.
93 Resolution No. 2025-____ Page 2
ADOPTED ON ________________.
JAN C. HARNIK
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2025-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIA
CITY CLERK
94
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 22, 2025
PREPARED BY: Veronica Chavez, Director of Finance
SUBJECT: APPROVE RESOLUTION REVISING FISCAL YEAR 2024-25
APPROPRIATIONS LIMIT
RECOMMENDATION:
Adopt a resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, REVISING THE ESTABLISHED APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2024-25.”
BACKGROUND/ANALYSIS:
Proposition 4 (1979) and later amended by Proposition 111 (1990) create a restriction on the amount of government revenue which may be appropriated in any fiscal year. The Appropriations Limit is based on actual appropriations during the base year and increases each year using specified growth factors. The Appropriations Limit applies only to those revenues defined as “proceeds of taxes.” Certain expenditures of tax proceeds do not count as appropriations subject to the limit. The limit is adjusted annually to account for changes in population and changes in the cost of living. Reports are provided by the State of California Finance Demographics Unit.
Using the State reports, as part of the Annual Budget, staff calculates the necessary Appropriations Limit for the City. During the FY 2023-24 year-end audit, it was noted that a variance had been identified in the “calculated limit” due to rounding. Because each year builds on the last, staff realized quickly that it meant the current year Appropriations Limit would also need to be revised for accuracy, even though actual appropriations remain well within the limit. The FY 2024-25 Appropriations Limit has been recalculated to ensure that we recognize the correct limit in compliance with State requirements.
FY 2024-25 AS SUBMITTED
W/ANNUAL BUDGET
CORRECTED
LIMIT
CALCULATED LIMIT 181,517,586 182,253,881
APPROPRIATIONS SUBJECT TO LIMIT 72,369,196 79,600,575
AMOUNT OVER/(UNDER) LIMIT (109,148,390) (102,653,306)
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
The revised FY 2024-25 Appropriations Limit substantially exceeds the budgeted appropriations subject to the limit. Therefore, there is no additional impact to the General Fund with this action. 95 City of Palm Desert
(FY 2024-25 Revised Appropriations Limit)
ATTACHMENTS:
1. Resolution No. ___ Revising the FY 2024-25 Appropriations Limit
2. Original Appropriations Limit Calculation
96 RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, REVISING THE ESTABLISHED
APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2024-25
WHEREAS, the voters approved the Gann Spending Limitation Initiative (Proposition 4) on November 6, 1979, adding Article XIII B to the Constitution of the State of California to establish and define annual appropriation limits on state and local government entities; and
WHEREAS, Chapter 120-5 of the Revenue and Taxation Code Section 7910 (which incorporates California Senate Bill 1352) provides for the implementation of Article XIII B by defining various terms used in this Article and prescribing procedures to be used in implementing specific provisions of the Article, jurisdiction of its appropriations limit; and
WHEREAS, the required calculation to determine the Appropriations Limit for FY 2024-25 has been performed by the Finance Department based on available information and is on file with the Finance Department and available for public review; and WHEREAS, City Council approved the FY 2024-25 Appropriations Limit on June 27, 2024 as part of the FY 2024-25 Annual Budget approval, and staff subsequently became aware of a miscalculation; and
WHEREAS, Finance staff will recalculate the Appropriations Limit for respective fiscal periods including FY 2024-25, as soon as information regarding the percentage changes in the local assessment roll due to additional local nonresidential new construction is made available by the Riverside County Assessor’s office.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, that the City of Palm Desert Appropriations Limit is hereby established as $182,253,881 for FY 2024-25.
ADOPTED ON MAY 22, 2025.
JAN C. HARNIK
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
97 Resolution No. ___ Page 2
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. ___ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on May 22, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on .
ANTHONY J. MEJIA
CITY CLERK
98 CITY OF PALM DESERT
FISCAL YEAR 2024-2025
APPROPRIATIONS LIMIT CALCULATION
Article XIII B of the California Constitution requires adoption of an annual appropriation limit. The original base year limit was adopted in FY 1978-79 and has been adjusted annually for increase by a factor comprised of the percentage change in population combined with either the percentage change in California per capita personal income or the percentage change in local assessment roll due to the addition of local nonresidential new construction. The changes in the local assessment roll due to additional local nonresidential new construction for current and prior periods have not been available from the County Assessor's office.
On November 1988, voters approved Proposition R which increased the limit to $25,000,000. It expired in November 1992. The FY 1993-94 limit was calculated with prior years re-calculated to reflect the expiration of the $25,000,000 limit.
AMOUNT SOURCE
A. 2023-24 APPROPRIATION LIMIT 173,766,824 PRIOR YEAR'S CALCULATION
B. ADJUSTMENT FACTORS
1. POPULATION %
POPULATION % CHANGE 1.2200 STATE DEPT OF FINANCE
POPULATION CONVERTED TO RATIO (1.22+100)/100 1.012200 CALCULATED
2. INFLATION %
USING % CHANGES IN CALIF PER CAPITA PERSONAL INCOME
PER CAPITA % CHANGE 3.62 STATE DEPT OF FINANCE
PER CAPITA CONVERTED TO RATIO (3.62+100)/100 1.036200 CALCULATED
3. CALCULATION OF FACTOR FOR FY 2024-25 1.0488 B1*B2
C. 2024-25 APPROPRIATIONS LIMIT BEFORE ADJUSTMENTS 182,253,881 B3*A D. OTHER ADJUSTMENTS 0 CALCULATED
E. 2024-25 APPROPRIATIONS LIMIT 182,253,881 C+D
F. APPROPRIATIONS SUBJECT TO LIMIT 79,600,575 CALCULATED G. OVER/(UNDER) LIMIT (102,653,306) F-E
99 CITY OF PALM DESERT
FISCAL YEAR 2024-2025
11 100
CITY OF PALM DESERT
FISCAL YEAR 2024-25
APPROPRIATIONS LIMIT CALCULATION
Article XIII B of the California Constitution requires adoption of an annual appropriation limit. The original base year limit was adopted in FY 1978-79 and has been adjusted annually for increase by a factor comprised of the percentage change in population combined with either the percentage change in California per capita personal income or the percentage change in local assessment roll due to the addition of local nonresidential new construction. The changes in the local assessment roll due to additional local nonresidential new construction for current and prior periods have not been available from the County Assessor's office.
On November 1988, voters approved Proposition R which increased the limit to $25,000,000. It expired in November 1992. The FY 1993-94 limit was calculated with prior years re-calculated to reflect the expiration of the $25,000,000 limit.
AMOUNT SOURCE
A. 2023-24 APPROPRIATION LIMIT 173,801,207 PRIOR YEAR'S CALCULATION
B. ADJUSTMENT FACTORS
1. POPULATION %
POPULATION % CHANGE (0.0002) STATE DEPT OF FINANCE
POPULATION CONVERTED TO RATIO (-0.02+100)/100 0.999998 CALCULATED
2. INFLATION %
USING % CHANGES IN CALIF PER CAPITA PERSONAL INCOME
PER CAPITA % CHANGE 4.44 STATE DEPT OF FINANCE
PER CAPITA CONVERTED TO RATIO (7.55+100)/100 1.0444 CALCULATED
3. CALCULATION OF FACTOR FOR FY 2024-25 1.0444 B1*B2
C. 2024-25 APPROPRIATIONS LIMIT BEFORE ADJUSTMENTS 181,517,586 B3*A D. OTHER ADJUSTMENTS 0 CALCULATED
E. 2024-25 APPROPRIATIONS LIMIT 181,517,586 C+D
F. APPROPRIATIONS SUBJECT TO LIMIT 72,369,196 CALCULATED G. OVER/(UNDER) LIMIT (109,148,390) F-E
101
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 22, 2025
PREPARED BY: Nicholas Martin, Senior Business Enterprise Systems Administrator SUBJECT: APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C46710 WITH PARK CONSULTING GROUP, INC. FOR CONSUTLING AND PROJECT
MANAGEMENT SERVICES FOR THE IMPLEMENTATION OF CLARITI
LAND MANAGEMENT SYSTEM
RECOMMENDATION:
1. Approve Amendment No. 2 to Contract No. C46710 with Park Consulting Group, Inc. of Irvine, California, for Consulting and Project Management Services for the Implementation of Clariti Land Management System to increase compensation in an amount not to exceed $299,880.
2. Authorize the City Attorney to make necessary non-monetary changes to the agreement.
3. Authorize the City Manager to execute the amendment and any other documents necessary to effectuate this action.
BACKGROUND/ANALYSIS:
On November 16, 2023, the City Council awarded a one-year contract to Park Consulting Group, Inc. in the amount of $481,500 for Consulting and Project Management Services for the Implementation of Clariti Land Management Solution.
In January 2024, the City kicked off the project to replace its existing Land Management System, Trakit, with a new system, Clariti. While the project was initially slated for completion by January 2025, the timeline has since been extended to October 17, 2025. This extension is the result of several unforeseen delays and necessary adjustments to the project’s scope, including expanded system requirements and additional integration needs identified during the discovery and design phases.
Park Consulting Inc. (PCG) has been an essential partner in advancing this complex software transition. PCG has provided support in the following areas: project advisory, discovery and design, software configuration, data conversion, and user acceptance testing. Approving this amendment will allow staff to continue utilizing PCG’s expertise through final implementation. Continued engagement with PCG is crucial to maintaining project momentum, mitigating risk, and ensuring the successful implementation of the Clariti system. 103
City of Palm Desert
Approve Amendment No. 2 to Park Consulting Group Contract No. C46710
Project Description:
The Land Management System (LMS) is the city system that generates public permits and tracks various projects around the city. It is a critical tool for the daily operations of various departments involved in permit issuance to the public. The current system, Trakit, has become outdated as the software’s limitations and structure do not allow any further improvement.
After a thorough evaluation of multiple LMS solutions, Staff chose Clariti as the overall best choice for the City’s needs. Clariti is a cloud-based solution that uses the Salesforces Customer Relationship Management platform. Configuration of the public portal will allow many permitting services to be streamlined through a combination of smart workflow configurations and automation of simple tasks. This implementation will increase internal and external transparency, customer service capabilities, and the accuracy of information. PCG’s guidance throughout this process has been invaluable in assisting staff with communication with the programmers; translating and eliminating gaps between the technical requirements and real-life application, needs, and expectations of the City.
FINANCIAL IMPACT:
Funds have been budgeted in Account No. 1104190-4390000 for this purpose. Therefore, there is no additional impact to the General Fund with this action.
PCG Advisory Agreement Amount Description
Contract No. C46710 $481,500 Clairiti Implementation Advisory Services thru February 2025 Amendment #1 $0.00 Time Extension Only thru June 2025
Amendment #2 (This Request) $299,880 Time Extension and Compensation thru Nov 2025 TOTAL $781,380
ATTACHMENTS:
1. Executed Contract No. C46710
2. Executed Amendment No. 1
3. Proposal from PCG
4. Draft Amendment No. 2
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Contract No. C46710
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 16th day of November, 2023, 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”) and Park Consulting Group, Inc., a California S Corporation, with its principal place of business at 200 Spectrum Center Drive, Suite 300, Irvine, CA. 92618 ("Consultant"). City and Consultant 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:
Land Management Solution Advisory and Implementation Services 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 theservices 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 November 16th, 2023, to February 28th, 2025, unless earlier terminated as provided herein. 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 Independent Contractor; Control and Payment of Subordinates.
The Services shall beperformed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant' s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth inthis Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their DocuSign Envelope ID: FD11EE8D- FB2F-44B7-986C-361D6CA0B144 105
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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 "A" 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: Glenn Park, Principal Consultant; Bryan Tung, Implementation Consultant; Jared Tan, Development Consultant; David Bloomgren, Training Consultant.
3.2.5 City's Representative. The City hereby designates Clayton von Helf, Information Systems 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 Glenn Park, Founder and Principal Consultant, or his/her designee, to act as its representative for the performance of this Agreement (" Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant' s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants DocuSign Envelope ID: FD11EE8D- FB2F-44B7-986C-361D6CA0B144 106
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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” 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 ofthis section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
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3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, 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 appropriate to the nature of the work and the conditions under which the work is to be performed.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.
A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO insured contract” language will not be accepted.
B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, 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 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.
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D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers and representatives.
E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for any reason;
2) Pay on behalf of wording as opposed to reimbursement; 3) Concurrency of effective dates with primary policies; and 4) Policies shall “ follow form” to the underlying primary policies.
5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
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 Requirements.
A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self -insurance procured or maintained by City 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 DocuSign Envelope ID: FD11EE8D- FB2F-44B7-986C-361D6CA0B144 109
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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 Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement.
E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
G) Enforcement of Contract Provisions ( non estoppel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
H) Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and 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.
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K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety ( 90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’ s compensation. If the City reduces the insurance requirements, the change shall go intoeffect immediately and require no advanced written notice.
O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’ s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules andregulations that may impact, or beimplicated by theperformance 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 DocuSign Envelope ID: FD11EE8D- FB2F-44B7-986C-361D6CA0B144 111
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the laws, regulations and policies of this Section.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred Eighty One Thousand Five Hundred Dollars and No Cents 481,500) 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 "B" of this Agreement.
3.3.4 Travel Expenses. In accordance with Government Code section 53232.2(c), the Internal Revenue Service rates for reimbursement of travel, meals, lodging, and other actual and necessary expenses as established in Publication 463, or any successor publication, shall be used to determine reimbursement rates for Consultant. Travel in business class, first class or any category on any flight above the coach/economy level will not be reimbursed.
3.3.5 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 tofully 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 DocuSign Envelope ID: FD11EE8D- FB2F-44B7-986C-361D6CA0B144 112
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sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $ 15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“ DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, atleast seven (7) days before theeffective dateof suchtermination. Upontermination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
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3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven ( 7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.
3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
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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: Park Consulting Group
200 Spectrum Center Drive, Suite 300
Irvine, CA 92618
ATTN: Glenn Park, Principal Consultant
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Clayton von Helf, Information Systems 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 Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
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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 onany project other than this Project, it shall removethe Consultant’s seal from the Documents & Dataandindemnify 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 respons ible 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 holdthe 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 theperformance of this Agreement shall beheld 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 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 DocuSign Envelope ID: FD11EE8D- FB2F-44B7-986C-361D6CA0B144 116
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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 begoverned by thelaws of the State of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent ofthe City, which may be withheld for any reason. Any attempt toso 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 DocuSign Envelope ID: FD11EE8D- FB2F-44B7-986C-361D6CA0B144 117
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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 work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
SIGNATURES ON NEXT PAGE]
DocuSign Envelope ID: FD11EE8D- FB2F-44B7-986C-361D6CA0B144 118
Contract No. C46710
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND PARK CONSULTING GROUP
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
ATTEST:
By:
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
PARK CONSULTING GROUP
By:____________________________________
Glenn Park
President
By: ____________________________________
Glenn Park
Secretary
QC: MN
Insurance:
Initial Review
Final Approval
DocuSign Envelope ID: FD11EE8D- FB2F-44B7-986C-361D6CA0B144 119
Contract No. C46710
EXHIBIT " A"
SCOPE OF SERVICES
See attached proposal.
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PARK CONSULTING GROUP
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SCOPE OF SERVICES AND COST PROPOSAL
City of Palm Desert Land Management Solution Advisory & Implementation Services Park Consulting Group ( PCG) will provide the City of Palm Desert advisory and implementation professional services for the City of Palm Desert’ s Land Management Solution ( LMS) Project:
Proposal Date: October 25, 2023
A. PCG will assist and deliver services for the City of Palm Desert with the activities associated with the City’s LMS project such as those listed below:
Project Advisory:
Advise on and review project scope, goals and deliverables that support business goals in collaboration with the City’s leadership and stakeholders.
Support the City’s project lead and manager of project plan, timeline, milestones, project status reports, and deliverables with Clariti/ Speridian Project Manager.
Provide best practices and tools for project execution, management, and delivery.
Attend project meetings with staff and project stakeholders. This may include internal project briefings and project briefings with Clariti/ Speridian, in addition to others as requested.
Review and provide input on all contracts with external vendors for integrations development and change orders.
Support escalation for questions and issues from the Project Team and address and/or escalate issues / risks as they come up.
Proactively identify issues, risks, and conflicts within the project team, third party vendor partners, and the business as needed; consult with city management to formulate a plan to resolve.
Provide feedback on leading best practices for project implementation and deployment processes.
Discovery and Design
Support the City’s project team members / SMEs responsible for conveying requirements and decisions to Clariti/ Speridian for requirements and specifications documentation.
Support and attend working sessions with department SMEs to complete questionnaires and documentation.
Support reviews of business requirements documentation from Clariti/ Speridian.
Exhibit A
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Support management feedback to Clariti/ Speridian project team including updates to project management tools to input comments and track status changes until completion of documentation.
Attend meetings with City and Clariti/ Speridian project teams related to requirements gathering and process flow reviews and updates, as requested.
Build, Configure, and Validation
Build, Configuration, and Customization
Support reviews with the City’s leads ( SMEs) who are responsible to validate developed configuration, data conversion, interfaces, and reports/ forms.
Support tracking and follow-up of configuration issues and corrections identified by the City’s leads and project team. Work with the Clariti/ Speridian Project Manager and City project team to ensure issues are tracked and responded to with adequate detail and within required SLAs.
Facilitate issue resolution meetings with Clariti/ Speridian and City’s project team.
Support retesting and verification of issue resolution of build and configuration issues.
Support tracking of requirements updates and change orders and responses to questions and feedback are within required SLAs.
Build and Configuration Validation
Support verification of Clariti/ Speridian- owned configuration and development is completed based on approved scope of services.
Review and provide feedback for validation test plan provided by Clariti/ Speridian.
Support onapproved City project team to review configuration and build development based business requirements documentation.
Support reporting, tracking, and follow- up with Clariti/ Speridian of defects and fixes.
Support verification of fixes and close out of resolved issues.
Data Conversion
Support City’s data conversion activities during the implementation project’ s data conversion passes, which includes the final data conversion pass for production cutover.
Support as-is and to-be field mapping reviews.
Support data conversion validation reviews and meetings with staff.
Support reporting, tracking, and follow-up with Clariti/ Speridian of defects and fixes.
Support verification of fixes and close out of resolved issues.
User Acceptance Testing:
Support review of Clariti/ Speridian user testing strategy and plan.
Support reviews of test cases/ scripts with City team.
Support user acceptance participant training and walkthroughs.
Exhibit A
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Support setup of test case scenarios as needed.
Support user acceptance testing / retesting effort with City-designated testing leads and testers.
Support reporting, tracking, and follow-up with Clariti/ Speridian of defects and fixes.
Support verification of fixes and close out of resolved issues.
End User Training:
Support review of Clariti/ Speridian training plan.
Support review of training environment setup and deployment.
Support coordination and facilitation of end user training as needed.
Support training documentation and job aid development as requested by City.
Cutover and Go-Live Activities
Support Production cutover, Go-Live, post-Go-Live stabilization, system troubleshooting, and enhancements tracking ( reporting, system enhancements, regulatory changes, etc.).
Provide onsite Go-Live support during the first two ( 2) weeks following production cutover, as approved by the City.
B. Key Assumptions:
The City has performed and completed a comprehensive future- state process definition project. The scope of this project is defined based on the needs and processes resulting from the project. Other processes, capabilities, and user groups not associated with the needs assessment will be considered out of scope to ensure the City and Clariti/ Speridian can deliver the project within the planned 12–14-month timeline.
City will provide a primary project management contact that is available to the project at least 20 hours per week throughout the duration of services.
City will provide process leads and subject matter experts to serve as project team members that are available throughout the duration of services to successfully deliver PCG services. Required minimum of 15-20 per Lead/ SME per week.
City estimates PCG should have the full ability to deliver the project remotely with minimal on-site visits. When there are occasions the City requires PCG for onsite meetings and onsite project work, travel expenses will be applied in accordance to the cost proposal details.
Remote access to Clariti, Project Management systems, and current LMS system will be needed upon the start of services. This includes, and is not limited to, access to VPN/virtual desktop logins, compatible Internet Browser, Clariti and TrakIt applications with admin permissions, and Clariti/ Speridian/ City-owned Project Management Tools.
Exhibit A
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C. Proposed Cost - Total not-to-exceed budget and duration of services:
Duration of Services: 14-months ( based on Clariti/ Speridian timeline) Total Compensation: $ 481,480
Project Phase Proposal
Pre-work (2 Months) $ 0.00
Discovery and Design (1 Month) $ 32,500.00
Build, Configure, and Validation ( 10 Months) $ 301,300.00 Testing and Training (3 Months) $ 89,700.00
Go-Live Support (2 Weeks) $ 42,980.00
Sub-Total $ 466,480.00
Travel Expenses (30 Days/ Consultant @
500/day) $ 15,000.00
Total Not To Exceed $ 481,480.00
PCG’s services will be billed on a fixed monthly basis of $33,320 per month for the duration of the project. Billing will begin upon project initiation with Clariti/ Speridian.
Travel Expenses: When there are occasions the City requires PCG for onsite meetings and onsite project work, travel expenses will be applied in accordance to the proposal details.
Additional Services: Additional requested services will be billed on a time and materials basis based on the rate table below:
Project Resource 2024 Rates 2025 Rates
Senior Project Consultant $ 250/ Hour $ 265/ Hour
Project Consultant $ 200/ Hour $ 215/ Hour
Exhibit B
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Contract No. ___________
BBK 72500.00001\32445060.1
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND PARK CONSULTING GROUP, INC.
1. Parties and Date.
This Amendment No. 1 to the PROFESSIONAL SERVICES AGREEMENT, CONTRACT NO.C46710 is made and entered into as of this 10th day of February, 2025, by and between the City of Palm Desert (“City”) and Park Consulting Group, Inc., an S Corporation, with its principal place of business at 200 Spectrum Center Drive, Suite 300, Irvine, CA 92618 ("Consultant"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. Recitals.
2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated November 16, 2023 (“Agreement” or “Contract”) for the purpose of retaining the services of Park Consulting Group, Inc. to provide Land Management Solution Advisory and Implementation Services.
2.2 Amendment. The City and Consultant desire to amend the Agreement to extend the term for no additional compensation.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section
3.6.14 of the Agreement.
3. Terms.
3.1.1 Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
3.1.2 Term. The term of this Agreement shall be from March 1st, 2025, to June 30th, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules 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 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.
C46710
Docusign Envelope ID: D2AEC9F6-6C7C-4307-8A73-31CCE240A8B0 125
Contract No. ___________
Revised 01-2024
BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF PALM DESERT
AND PARK CONSULTING GROUP, INC.
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
By:
L. Todd Hileman
City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney
PARK CONSULTING GROUP, INC., AN S
CORPORATION
By:
Glenn Park
President
By:
Glenn Park
Secretary
City Clerk QC: _____
Contract QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
C46710
Docusign Envelope ID: D2AEC9F6-6C7C-4307-8A73-31CCE240A8B0 126
Exhibit "A"
Docusign Envelope ID: D2AEC9F6-6C7C-4307-8A73-31CCE240A8B0 127
Exhibit "A"
Docusign Envelope ID: D2AEC9F6-6C7C-4307-8A73-31CCE240A8B0 128
Exhibit "A"
Docusign Envelope ID: D2AEC9F6-6C7C-4307-8A73-31CCE240A8B0 129
Exhibit "A"
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PARK CONSULTING GROUP
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SCOPE OF SERVICES AND COST PROPOSAL
City of Palm Desert Land Management Solution Advisory & Implementation Services Park Consulting Group (PCG) will provide the City of Palm Desert advisory and implementation professional services for the City of Palm Desert’s Land Management Solution (LMS) Project:
A. PCG will assist and deliver services for the City of Palm Desert with the activities associated with the City’s LMS project such as those listed below:
Project Advisory:
• Advise on and review project scope, goals and deliverables that support business goals in collaboration with the City’s leadership and stakeholders. • Support the City’s project lead and manager of project plan, timeline, milestones, project status reports, and deliverables with Clariti/ Speridian Project Manager.
• Provide best practices and tools for project execution, management, and delivery.
• Attend project meetings with staff and project stakeholders. This may include internal project briefings and project briefings with Clariti/ Speridian, in addition to others as requested.
• Review and provide input on all contracts with external vendors for integrations development and change orders.
• Support escalation for questions and issues from the Project Team and address and/or escalate issues / risks as they come up. • Proactively identify issues, risks, and conflicts within the project team, third party vendor partners, and the business as needed; consult with city management to formulate a plan to resolve.
• Provide feedback on leading best practices for project implementation and deployment processes.
Discovery and Design
• Support the City’s project team members / SMEs responsible for conveying requirements and decisions to Clariti/ Speridian for requirements and specifications documentation.
• Support and attend working sessions with department SMEs to complete questionnaires and documentation.
• Support reviews of business requirements documentation from Clariti/ Speridian. • Support management feedback to Clariti/ Speridian project team including updates to project management tools to input comments and track status changes until completion of documentation.
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• Attend meetings with City and Clariti/ Speridian project teams related to requirements gathering and process flow reviews and updates, as requested.
Build, Configure, and Validation
Build, Configuration, and Customization
• Support reviews with the City’s leads (SMEs) who are responsible to validate developed configuration, data conversion, interfaces, and reports/ forms. • Support tracking and follow-up of configuration issues and corrections identified by the City’s leads and project team. Work with the Clariti/ Speridian Project Manager and City project team to ensure issues are tracked and responded to with adequate detail and within required SLAs.
• Facilitate issue resolution meetings with Clariti/ Speridian and City’s project team. • Support retesting and verification of issue resolution of build and configuration issues.
• Support tracking requirements updates and change orders and responses to questions and feedback are within required SLAs.
Build and Configuration Validation
• Support verification of Clariti/ Speridian-owned configuration and development is completed based on approved scope of services.
• Review and provide feedback for validation test plan provided by Clariti/ Speridian.
• Support City project team to review configuration and build development based on approved business requirements documentation.
• Support reporting, tracking, and follow-up with Clariti/ Speridian of defects and fixes.
• Support verification of fixes and close out resolved issues.
Data Conversion
• Support City’s data conversion activities during the implementation project’s data conversion passes, which includes the final data conversion pass for production cutover.
• Support as-is and to-be field mapping reviews.
• Support data conversion validation reviews and meetings with staff. • Support reporting, tracking, and follow-up with Clariti/ Speridian of defects and fixes.
• Support verification of fixes and close out resolved issues.
User Acceptance Testing:
• Support review of Clariti/ Speridian user testing strategy and plan. • Support reviews of test cases/ scripts with City team. • Support user acceptance participant training and walkthroughs. • Support setup of test case scenarios as needed.
• Support user acceptance testing / retesting effort with City-designated testing leads and testers.
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• Support reporting, tracking, and follow-up with Clariti/ Speridian of defects and fixes.
• Support verification of fixes and close out resolved issues.
End User Training:
• Support review of Clariti/ Speridian training plan.
• Support review of training environment setup and deployment. • Support coordination and facilitation of end user training as needed. • Support training documentation and job aid development as requested by City.
Cutover and Post-Go-Live Activities
• Support Production cutover, Go-Live, post-Go-Live stabilization, system troubleshooting, and enhancements tracking (reporting, system enhancements, regulatory changes, etc.).
• Provide onsite Go-Live support during the first week following production cutover, as approved by the City.
• Provide remote support during the remaining weeks following the first week of onsite support.
• Provide support through the transition to Clariti Support and Speridian Maintenance & Operations (M&O).
B. Proposed Cost - Total not-to-exceed budget and duration of services:
• Duration of Services: 9 months
• Total Compensation: $299,880
PCG’s will honor the rates established and agreed upon at the beginning of this project in 2023 and will continue to be at a fixed monthly basis of $33,320 per month for the duration of the project.
Project Phase Proposal
Extended Project Duration (9 Months) $299,880
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Contract No. ___________
BBK 72500.00001\32445060.1
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND PARK CONSULTING GROUP, INC.
1. Parties and Date.
This Amendment No. 2 to the PROFESSIONAL SERVICES AGREEMENT, CONTRACT NO.C46710 is made and entered into as of this 10th day of April, 2025, by and between the City of Palm Desert (“City”) and Park Consulting Group, Inc., an S Corporation, with its principal place of business at 200 Spectrum Center Drive, Suite 300, Irvine, CA 92618 ("Consultant"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. Recitals.
2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated November 16, 2023 (“Agreement” or “Contract”) for the purpose of retaining the services of Park Consulting Group, Inc. to provide Land Management Solution Advisory and Implementation Services.
2.2 Amendment. The City and Consultant desire to amend the Agreement to extend the term and for additional compensation.
2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section
3.6.14 of the Agreement.
3. Terms.
3.1.1 Section 3.1.2 and 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
3.1.2 Term. The term of this Agreement shall be from April 1st, 2025, to November 30th, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" including Exhibit “B-1” attached hereto and incorporated herein by reference. The total compensation shall not exceed SEVEN HUNDRED EIGHTY-ONE THOUSAND THREE HUNDRED EIGHTY DOLLARS AND NO CENTS ($781,380.00) without written approval of the City Council or City Manager, as applicable.
Original Cost FY 23/24 Amended Cost FY 24/25
$481,500 $299,880
3.2 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.
C46710
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Contract No. ___________
BBK 72500.00001\32445060.1
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. 2.
3.4 Severability. If any portion of this Amendment No. 2 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 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]
C46710
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Contract No. ___________
BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF PALM DESERT
AND PARK CONSULTING GROUP, INC.
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
PARK CONSULTING GROUP, INC., AN S
CORPORATION
By:
Glenn Park
President
By:
Glenn Park
Secretary
City Clerk QC: _____
Contract QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
C46710
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PARK CONSULTING GROUP
Page | 1
SCOPE OF SERVICES AND COST PROPOSAL
City of Palm Desert Land Management Solution Advisory & Implementation Services Park Consulting Group (PCG) will provide the City of Palm Desert advisory and implementation professional services for the City of Palm Desert’s Land Management Solution (LMS) Project:
A. PCG will assist and deliver services for the City of Palm Desert with the activities associated with the City’s LMS project such as those listed below:
Project Advisory:
• Advise on and review project scope, goals and deliverables that support business goals in collaboration with the City’s leadership and stakeholders. • Support the City’s project lead and manager of project plan, timeline, milestones, project status reports, and deliverables with Clariti/ Speridian Project Manager.
• Provide best practices and tools for project execution, management, and delivery.
• Attend project meetings with staff and project stakeholders. This may include internal project briefings and project briefings with Clariti/ Speridian, in addition to others as requested.
• Review and provide input on all contracts with external vendors for integrations development and change orders.
• Support escalation for questions and issues from the Project Team and address and/or escalate issues / risks as they come up. • Proactively identify issues, risks, and conflicts within the project team, third party vendor partners, and the business as needed; consult with city management to formulate a plan to resolve.
• Provide feedback on leading best practices for project implementation and deployment processes.
Discovery and Design
• Support the City’s project team members / SMEs responsible for conveying requirements and decisions to Clariti/ Speridian for requirements and specifications documentation.
• Support and attend working sessions with department SMEs to complete questionnaires and documentation.
• Support reviews of business requirements documentation from Clariti/ Speridian. • Support management feedback to Clariti/ Speridian project team including updates to project management tools to input comments and track status changes until completion of documentation.
EXHIBIT "A-1"
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PARK CONSULTING GROUP
Page | 2
• Attend meetings with City and Clariti/ Speridian project teams related to requirements gathering and process flow reviews and updates, as requested.
Build, Configure, and Validation
Build, Configuration, and Customization
• Support reviews with the City’s leads (SMEs) who are responsible to validate developed configuration, data conversion, interfaces, and reports/ forms. • Support tracking and follow-up of configuration issues and corrections identified by the City’s leads and project team. Work with the Clariti/ Speridian Project Manager and City project team to ensure issues are tracked and responded to with adequate detail and within required SLAs.
• Facilitate issue resolution meetings with Clariti/ Speridian and City’s project team. • Support retesting and verification of issue resolution of build and configuration issues.
• Support tracking requirements updates and change orders and responses to questions and feedback are within required SLAs.
Build and Configuration Validation
• Support verification of Clariti/ Speridian-owned configuration and development is completed based on approved scope of services.
• Review and provide feedback for validation test plan provided by Clariti/ Speridian.
• Support City project team to review configuration and build development based on approved business requirements documentation.
• Support reporting, tracking, and follow-up with Clariti/ Speridian of defects and fixes.
• Support verification of fixes and close out resolved issues.
Data Conversion
• Support City’s data conversion activities during the implementation project’s data conversion passes, which includes the final data conversion pass for production cutover.
• Support as-is and to-be field mapping reviews.
• Support data conversion validation reviews and meetings with staff. • Support reporting, tracking, and follow-up with Clariti/ Speridian of defects and fixes.
• Support verification of fixes and close out resolved issues.
User Acceptance Testing:
• Support review of Clariti/ Speridian user testing strategy and plan. • Support reviews of test cases/ scripts with City team. • Support user acceptance participant training and walkthroughs. • Support setup of test case scenarios as needed.
• Support user acceptance testing / retesting effort with City-designated testing leads and testers.
EXHIBIT "A-1"
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PARK CONSULTING GROUP
Page | 3
• Support reporting, tracking, and follow-up with Clariti/ Speridian of defects and fixes.
• Support verification of fixes and close out resolved issues.
End User Training:
• Support review of Clariti/ Speridian training plan.
• Support review of training environment setup and deployment. • Support coordination and facilitation of end user training as needed. • Support training documentation and job aid development as requested by City.
Cutover and Post-Go-Live Activities
• Support Production cutover, Go-Live, post-Go-Live stabilization, system troubleshooting, and enhancements tracking (reporting, system enhancements, regulatory changes, etc.).
• Provide onsite Go-Live support during the first week following production cutover, as approved by the City.
• Provide remote support during the remaining weeks following the first week of onsite support.
• Provide support through the transition to Clariti Support and Speridian Maintenance & Operations (M&O).
B. Proposed Cost - Total not-to-exceed budget and duration of services:
• Duration of Services: 9 months
• Total Compensation: $299,880
PCG’s will honor the rates established and agreed upon at the beginning of this project in 2023 and will continue to be at a fixed monthly basis of $33,320 per month for the duration of the project.
Project Phase Proposal
Extended Project Duration (9 Months) $299,880
C46710 EXHIBIT "A-1"
140
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 22, 2025
PREPARED BY: Jessica Gonzales, Housing Manager
SUBJECT: APPROVE MODIFIED CONTRACT AND ADDENDUM FOR
AFFORDABLE HOUSING COMPLIANCE AND PROPERTY
MANAGEMENT SERVICES WITH NATIONAL COMMUNITY
RENAISSANCE
RECOMMENDATION:
Approve modifications to the contract and addendum for Affordable Housing Compliance and Property Management Services for the Housing Authority (“Authority”)-owned Properties with National Community Renaissance.
BACKGROUND/ANALYSIS:
On February 27, 2025, the Authority Board approved the award of a contract for Affordable Housing Compliance and Property Management Services for the Authority-owned properties to National Community Renaissance (“National CORE”).
Legal counsel has requested that the following agreed-upon modifications be approved by the Authority Board, to ensure consistency with legal requirements and to reflect the negotiated terms:
These modifications will provide National CORE the opportunity to be more effective in identifying and resolving any property issues, as well as provide better oversight in the transition and closing Agreement
Section
Original
Term
Requested
Modification
Agreed Upon Modification
1, 27(a), 6
Contract term
begins July 1,
2025
Contract term
begins June 1,
2025
Modifying the effective date to a month earlier will
offer flexibility in the transition from the prior
property management company.
5. Authority entitled
to retain10% of
monthly base
fee under
specified
scenarios
Reduce
retention
amount to 3% of
the monthly
base fee
A 3% monthly base fee is more consistent with
industry standards. This fee retention is applicable
only when there’s a performance issue with
management to cure rather than terminate contract.
3(f), 16, 22
Sets forth
various
standards and
responsibilities
that National
Core must follow
Clarification of
terms.
Additional language regarding overtime costs and
identification of certain personnel were included for
clarification purposes.
All other terms of the agreement remain in full effect unless negotiated and approved by the Executive Director, pursuant to February 27, 2025, Authority Board action. 141
Palm Desert Housing Authority
Approve Modified Contract with National CORE
out the current fiscal year. Staff recommends approval of the agreed upon modifications to the contract and addendum.
Legal Review:
This report has been reviewed by the Authority’s special counsel, Richards Watson and Gershon.
Appointed Body Recommendation:
Not applicable. Resolution No. HA-93 provides that the Housing Commission shall review and make recommendations on all matters to come before the Authority except “matters relating to the management and operations of the Authority”.
FINANCIAL IMPACT:
The projected Net Operating Income from the properties is sufficient to cover the anticipated operational costs. There is no impact to the General Fund with this action.
ATTACHMENTS:
1. HA48960 - Redline Management Services Agreement 5-22-25
2. HA48960 - Redline Addendum Agreement 5.22.25
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MANAGEMENT TRANSITION ADDENDUM TO
AGREEMENT FOR PROPERTY MANAGEMENT SERVICES
THIS ADDENDUM TO AGREEMENT FOR PROPERTY MANAGEMENT SERVICES (this “Addendum”), dated as of February 27, 2025, is attached to and made part of the foregoing Agreement for Property Management Services (the “Agreement”) entered into as of even date herewith by and between the PALM DESERT HOUSING AUTHORITY, a public body, corporate and politic (the “Authority” or “PDHA”), and National Community Renaissance, LLC, a California Nonprofit Corporation (the “National CORE”), and supplements the Agreement as follows:
1. To enable a smooth transition of property management responsibilities from current provider Falkenberg/Gilliam and Associates (“Current Manager”), the current property manager, to National CORE, the Parties hereby enter into this Addendum to allow National CORE to complete the following tasks prior to the Effective Date of the Agreement (i.e., Junuly 1, 2025), during the period beginning the date of execution of this Addendum, and ending May 31June 30, 2025 (collectively, the “Transition Period”):
a. Personnel Evaluation: Meet and evaluate all the current office and maintenance staff for the Properties (as defined in the Agreement); gather all necessary information regarding existing issues at the Properties requiring the attention of National CORE; conduct background checks of Current Manager staff who will be seeking employment with National CORE at the Properties, in accordance with state and federal law; and, at the discretion of National CORE and with the approval of PDHA pursuant to Section 16(a) of the Agreement, hire any current provider employees currently working at the Properties to serve as National CORE employees.
b. Cross Training: Conduct thorough training of all Current Manager employees who will be hired as National CORE employees on all applicable National CORE policies and procedures, including without limitation on the use of software tools and work order tablets.
c. Assistant Regional Supervisor: Allow the National CORE Regional Supervisor, along with the National CORE Assistant Regional Supervisor, or other National CORE management staff in charge of overseeing National CORE operations at the Properties, to walk all Properties, and meet with all PDHA staff members working onsite at the Properties.
d. Meetings: Participate in weekly property management meetings with PDHA and Current Manager, and monthly City of Palm Desert Housing Commission meetings.
e. Deep Knowledge: Familiarize the National CORE Regional Supervisor and National CORE Assistant Regional Supervisor on all current and upcoming projects and maintenance items for each Property, and all resident-related 143
DRAFT for Discussion
issues (including, without limitation, legal suits brought by tenants or former tenants) that are in process.
f. Staff Onboarding: Onboard all staff members through National CORE human resource programs, including, without limitation, with respect to payroll, benefits, health and dental insurance programs.
g. PDHA Systems: Set up PDHA management and operations systems, including without limitation with respect to accounting, finance, occupancy, resident relations, maintenance, computer systems, and tablet training for all maintenance staff.
2. As compensation for National CORE’s work during the Transition Period, the Authority shall, in total, pay the sum of Ten and No/100 Dollars ($10).
3. If National CORE or any of its agents, employees, consultants, contractors or subcontractors enter the Properties during the Transition Period, then such entry shall be subject to all of National CORE’s obligations regarding indemnity and insurance under the Agreement. Anything herein to the contrary notwithstanding, neither National CORE nor any of its approved contractors shall be permitted to access the Properties, or any part thereof, during the Transition Period unless and until National CORE has provided to PDHA the necessary insurance certificate(s) evidencing that National CORE has procured and is maintaining the insurance policies and coverages required to be maintained by National CORE pursuant to the terms of this Addendum.
[SIGNATURE PAGE TO FOLLOW]
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THIS ADDENDUM was entered the 27th day of February, 2025.
Authority:
PALM DESERT HOUSING AUTHORITY,
a public body, corporate and politic
By: _____________________________,
Jan Harnik, Chairperson
ATTEST:
_______________________________,
Anthony J. Mejia, Secretary
APPROVED AS TO FORM:
_______________________________
Special Counsel
Manager:
NATIONAL COMMUNITY
RENAISSANCE, a California Nonprofit
Corporation
By: _____________________________
Title: ___________________________
By: ____________________________
Title: ___________________________
145
146
Contract No. HA48960
1 AGREEMENT FOR PROPERTY MANAGEMENT SERVICES
THIS AGREEMENT FOR PROPERTY MANAGEMENT SERVICES (this
“Agreement”) is made and entered into as of February 27, 2025, by and between the PALM DESERT HOUSING AUTHORITY, a public body, corporate and politic having a principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, (the "Authority") and National Community Renaissance, LLC, a California Nonprofit Corporation, having a principal place of business at 9692 Haven Avenue, Suite 100, Rancho Cucamonga, California 91730 (the "Manager"). The Authority and the Manager may be referred to herein individually as a "Party" and collectively as the "Parties."
RECITALS
A. The Authority is a public body, corporate and politic, designated to be the operator of those certain real properties described on Exhibit A attached hereto and incorporated herein by this reference (the "Properties").
B. The Manager is engaged in the business of managing, maintaining, repairing, operating and leasing apartment buildings, and has represented to the Authority that the Manager is experienced and competent in said business.
C.The Authority and the Manager desire to enter into this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and of the mutual and dependent covenants contained in this Agreement, the Parties agree as follows:
1. Effective Date. The effective date of this Agreement (the "Effective Date") shall be July June 1, 2025.
2. Appointment. The Authority hereby appoints the Manager and the Manager accepts appointment as the manager of the Properties on the terms and conditions set forth in this Agreement. The Parties acknowledge and agree that this Agreement is only a Management Agreement between the Parties, that the Parties are not joint venturers or partners, and that the Manager shall not be deemed to be an employee of the Authority. The Manager shall at all times be an independent contractor. The Manager agrees and covenants that it is not entitled to and will not take any tax position that is inconsistent with being a service provider to the Authority with respect to the Properties. By way of example only, the Manager hereby agrees and covenants that it will not claim any depreciation or amortization deduction, investment tax credit, or deduction for any payment of rent with respect to the Properties or any portion thereof.
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Contract No. HA48960
2 3. Professional Management Standards and the Administrative Plan. (a) The Manager agrees to exert its best efforts, to furnish the services of its organization, and to exercise the highest degree of professional competence in managing the Properties and to provide the Authority with the economic return consistent with proper management under the guidelines provided by Authority for affordable housing.
(b) The Manager shall manage, maintain, repair, operate and lease the Properties consistent with other multi-unit apartment complexes or similar type properties in the surrounding vicinity with comparable facilities and amenities. (c) Notwithstanding the authority granted to the Manager by this Agreement, the Manager agrees to abide by those standards and instructions that Authority may issue from time to time in connection with the Administrative Plan (the “Administrative Plan”). In the event of any inconsistency between this Agreement and the Administrative Plan, this Agreement shall control. The Administrative Plan adopted by Resolution No. HA-100, a copy of which shall be on file with the City Clerk, and any amendments thereto, include the statements of policies of the Authority for the purpose of property operations.
(d) The Manager hereby covenants and agrees to use the Manager's best efforts to actively manage, maintain, repair, operate and lease the Properties at their maximum potential, considering the Authority’s guidelines for affordable housing and the Administrative Plan. Manager will provide copies of any procedural manuals created for the purpose of implementing said Administrative Plan.
(e) The Manager shall be responsive to all tenant requests and concerns in a timely manner and shall make its best efforts to satisfy tenant requests and concerns at on-site offices. The Manager shall make its best efforts to notify Authority of tenant requests and concerns which are likely to be expressed by a tenant directly to the Authority. The Manager shall establish policies in order to address tenant requests and concerns and resolution in the event of a dispute in accordance with the Administrative Plan.
(f) Each of the Properties having sixteen (16) or more units shall have a member of the Manager’s management staff that shall live on-site, and serve as the caretaker for the Property at which they live (“On-site Caretaker”). The On-site Caretakers are expected to handle “routine” after hours work” without having to incur overtime costs.
The Authority shall not be responsible for furnishings, equipment, postage, utilities, telephone, or such other ancillary costs of the on-site staff. The specific apartment shall be approved by the Authority prior to occupancy by staff. All other Properties having less than sixteen (16) units shall have a caretaker that lives on-site. All Properties will have an emergency contact available seven days a week, 24 hours a day. “Routine after hours work” shall include, without limitation, the following: (i) checks on security alarms or disturbances in common areas; (ii) assisting residents who are locked out of their units; 148
Contract No. HA48960
3 (iii) minor repairs of appliances, lighting or plumbing in units; (iv) maintenance of lighting in common areas; and (iv) locking and securing laundry rooms and other shared facilities.
4. Periodic Requirements
The Manager shall perform the following:
(a) Not less than once each week:
(i) A member of the Manager’s management staff will walk each property in its entirety to identify any items of concern that may or may not be visible from frequently traveled thoroughfare and prepare a detailed report of findings to be provided to Authority weekly.
(ii) Inspect all mechanical and physical systems located on the Properties and provide a report to Authority of said inspections monthly, or immediately if finding is of an emergency nature.
(b) Not less than once during every calendar month:
(i) Analyze the occupancy level of the Properties.
(ii) Analyze the financial condition of the Properties including, without limitation, cash flow, income, expenses, average turnover and turnover cost, and per unit average cost.
(iii) Provide Authority with a report regarding the status of maintenance and repair projects including those in process, upcoming, completed, and those that have not been completed or which are recommended and have not yet been implemented, and which are to be carried over to the next fiscal year. (c) Not less than once annually on or before February 1st:
(i) Prepare and deliver to Authority a comprehensive financial budget plan (Plan), described in Section 18, including reserve accounts where applicable, for the Properties for the upcoming fiscal year operations July 1 to June 30. (ii) Examine the general condition of the Properties, prepare a list of needed repairs and maintenance, and deliver that list to Authority along with the estimated costs for review. Once reviewed by Authority, incorporate estimations into the Plan. Said list will include all items identified by the Manager and be prioritized by the Manager in order of necessity. (i.e. Critical, Health and Safety, Necessary, Preventative, etc.)
Formatted: Font: (Default) Arial
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4 (d) The Manager will notify Authority of work, supplies, services, maintenance, or repairs (emergency or otherwise) that were not included in the current operating budget but that may be necessary prior to the next operating budget year:
(i) On or before December 1
st of each year, the Manager will
provide Authority a report of necessary budget adjustments to be made for work that was pre-approved by the Authority and estimates of anticipated work that is necessary and any justification.
(ii) In the event there are items that have not been included in the Plan or in Section 4(d)(i), above, then as necessary, the Manager will provide a report of those items by priority to the Authority. Authority staff will determine whether said requests should be forwarded as a special item to the Palm Desert Housing Authority Board (the “Authority Board”).
(e) On the basis of the information gathered pursuant to Sections (a)-(d) of this Section 4, the Manager shall recommend in writing amendments and updates to the Administrative Plan at least once annually on or before February 1st. The proposed amended Administrative Plan, together with any recommendations of the Manager for achieving maximum economic return of the Properties in light of the affordable housing requirements of the Properties, shall be submitted to the Authority. The Manager will continually review the Administrative Plan for the purpose of keeping the Authority advised of necessary or desirable changes.
(f) Crime-Free Multi Housing Program. Throughout the term of this Agreement, the Manager covenants and agrees to participate in and fully complete the City’s Crime-Free Multi Housing Program for the Properties. Evidence of compliance with this requirement shall be forwarded annually to the Authority within said twelve (12) month period.
5. Determination of Performance Criteria. The Parties have developed various performance criteria categories which will be used to evaluate the performance of the Manager. Such performance criteria categories are described on Exhibit G attached hereto and incorporated herein by reference.
(a) For each performance standard (as set forth in Request for Proposals, “Performance Standards”) that is not met in a given month by the Manager, the Authority may retain a portion of the monthly base fee owed to the Manager for the applicable month (the “Fee Retention”), as set forth below:
i. The Fee Retention shall be equal to 103% of the monthly base fee for each of the following performance standards that the Manager fails to meet in a given month: (i) Tenant Accounts Receivable, (ii) Vacancy rate, (iii) Vacant Unit Turn-around, and (iv) Work Order completion time. For the avoidance of doubt, when calculating the Fee Retention, a separate 103% retention shall apply for each performance standard that the Manager has failed to meet in a given month. For example, if the Manager fails to meet three of the above listed performance standards in a given month, the Fee Retention for that month would be 150
Contract No. HA48960
5 309%.
ii. The Authority shall be entitled to retain 103% of the monthly base fee for each performance standard that the Manager has failed to meet in a given month until the Manager’s failure to meet such performance standard has been cured. A failure to meet a performance standard set forth in subsection (i) above shall be deemed cured when the cumulative average of performance of the applicable performance standard in the previous four month period is equal to the applicable performance standard. For example, if the Manager fails to achieve the necessary vacancy rate standard of [5%] (or the then applicable vacancy rate standard) in a given month, such failure to meet the vacancy rate standard shall not be deemed cured until the average of vacancy rate performance standards for a four month period is greater than or equal to [5%] (or the then- applicable vacancy rate standard).
Once a Manager’s failure to meet a given performance standard has been cured, the Manager shall be entitled to payment of any fee retained for that performance standard.
6. Term. The Parties agree that the term ("Term") of this Agreement shall be for 610 months, commencing Junely 1, 2025, and ending June 30, 2030, and may be extended in accordance with the provisions of Section 28 below. Following the initial term of the contract, the Authority may opt to extend the contract for two (2) additional terms of three (3) years each term and expiring June 30, 2036. Contract extensions may be exercised contingent upon satisfactory performance and at the sole discretion of the Housing Authority, and in accordance with the provisions of Section 28 below.
Notwithstanding the foregoing, Manager shall have the right to enter the Properties during the Transition Period, pursuant to the terms of that certain Management Transition Addendum to Agreement for Property Management Services (the “Addendum”), attached hereto and incorporated herein by reference.
7. On-Site Management Office. The Authority shall provide adequate space on the Properties for a management office in accordance with Exhibit C attached hereto and incorporated herein by this reference. The Manager shall prepare and submit designs and budget for pre-approval to furnish and/or refurbish the management offices.
The Authority shall pay all approved expenses related to such office, including, but not limited to, furnishings, equipment, postage, office supplies, electricity, telephone, answering service, and security monitoring services, if any. The Authority shall retain ownership of all of the foregoing purchases.
8. Information on the Properties. The Manager acknowledges that it has been furnished with any available building plans and specifications as well as environmental reports, if available, for each of the Properties. The Manager also acknowledges that it has received copies of any available manufacturer's preventive maintenance schedules, guarantees and warranties pertinent to the fixtures, mechanical equipment, and appliances used in the operation of the Properties. The Manager shall maintain files for each of the Properties with current plans and specifications, environmental reports, manufacturer's preventive maintenance schedules, guarantees and warranties pertinent 151
Contract No. HA48960
6 to any new installations, repairs, fixtures, appliances as well as any equipment, used in the operation of the Properties.
9. Familiarity With Equipment. The Manager has become thoroughly familiar with the character, location, construction, layout, plan and operation of the Properties, and especially of the electrical, heating, plumbing, air conditioning and ventilation systems, and all other mechanical equipment, and the Manager shall maintain such familiarity.
10. Leasing. The Manager will act as the Authority's exclusive agent in leasing the dwelling units (each, a “Unit”, and collectively, the "Units") in the Properties. The following provisions will apply:
(a) The Manager shall use all reasonable efforts to keep the Properties leased by procuring tenants for the Properties and negotiating and executing on behalf of the Authority all leases for the Units. The Manager is authorized to enter into and execute initial leases with tenants for a minimum term of six (6) months and a maximum term of 12 months without the further written approval of the Authority. The Authority shall provide the Manager with income and rent guidelines for each of the Properties annually or as frequently as Department of Housing and Community Development (“HCD”) issues adjustments to the Riverside County Median Income levels. Such guidelines shall include a provision for utility allowances, if applicable, as set by the Riverside County Housing Authority which are in effect at the time the rents are established. Any lease for a shorter or longer period shall require the prior written consent of the Authority. The Manager shall also submit on or before the 10th of each month to the Authority copies of all notices terminating any tenant leases and all notices to vacate served on any tenant prior to the expiration of the lease term or after the expiration of the lease term if tenancy has converted to month-to-month, together with an explanation for the applicable notice. The Manager shall provide Authority with the equipment detail of each Unit annually for the purpose of determining the proper utility allowances by March 1st of each year. (b) The Manager shall lease all the Units in accordance with the terms of this Agreement, in compliance with all applicable federal, state, and local laws, in accordance with the Administrative Plan and any further direction from the Authority. (c) The Manager will be responsible for screening and selection of existing and prospective tenants in accordance with affordable housing guidelines and applicable federal, State and local laws. The Manager will follow the tenant selection policy described in the Administrative Plan and will show the Properties to all prospective tenants who qualify under the Authority’s affordable guidelines based on the waiting list policy and Unit availability.
(d) The Manager will prepare and verify eligibility certifications and recertifications in accordance with the guidelines established by the Authority. Rents will be adjusted pursuant to the Rent Setting Policy of the Authority adopted by Resolution HA-62, a copy of which shall be on file with the City Clerk, and any amendments thereto. 152
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7 (e) The Manager shall not decline to lease any Unit on the Properties to a prospective tenant, or otherwise discriminate, on the basis of race, color, national origin, ancestry, sex, gender, gender identity, gender expression, religion, physical or mental disability, genetic information, marital status, familial status, sexual orientation, or any other classification then protected by law.
(f) Prior to executing any lease with a tenant, the Manager shall obtain the written consent of the prospective tenant to perform a complete background check, and shall perform same, including: (1) investigate the financial ability and history of the prospective tenant to pay rent, (2) perform necessary credit checks, (3) obtain references from employers and prior landlords, (4) verify the income of tenants as specified in the Administrative Plan, (5) verify all matters that are required to be checked by federal and/or state law, in accordance with the type of affordable funding involved, and (6) verify those matters that may and should be checked to ensure and promote the safety and welfare of all tenants of the Properties, the Manager’s staff and the public. A non-exclusive list of the required and permissive verifications, consent language and sampling of reputable online resources are set forth in Exhibit K, as may be modified by changes in applicable law. The Manager shall comply at all times with applicable federal, state and local law in all aspects of the tenant screening and application process.
11. Security Deposits. The Manager will collect, deposit, and disburse security deposits in accordance with the terms of each tenant's lease. The amount of each security deposit will be as specified in the Administrative Plan or applicable law. The collection and disbursement of security deposits will also be governed by the then applicable state and local laws. All tenant security deposits will be placed in one or more trust accounts separate from all other accounts and funds of the Manager and/or the Authority. The security account or accounts will be established at a bank as specified by the Authority whose deposits are insured by an agency of the United States government.
The security deposit account or accounts will be carried in the Authority's name and designated on record as “PDHA Security Deposit Account” and in addition, the Director of Finance of the City of Palm Desert (the "Director of Finance"), his/her designees, and up to four designated representatives of the Manager shall be included as signatories to the security deposit account or accounts. The balance of the security deposit account or accounts shall not be used to pay general operating expenses without the written consent of the Authority. Notwithstanding the foregoing, security deposits received must be documented and accounted for at all times and the Manager must comply with any applicable state and local laws concerning interest payments on security deposits. The number and structure of security deposit accounts is set forth in Exhibit D attached hereto and incorporated herein by this reference.
12. Collection of Rents and Other Receipts. The Manager will collect when due all rents, charges and other amounts receivable on the Authority's account in connection with the management, maintenance, repair, operation, and leasing of the Properties.
Such receipts (except for tenants’ security deposits, which will be handled as specified in Section 11 above) will be deposited in an account or accounts (the “General Operating Account”), separate from all other accounts and funds, of the Manager, at the bank as specified by the Authority whose deposits are insured by an agency of the United States Government. This account or accounts will be carried in the Authority's name and 153
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8 designated on record as “PDHA General Operating Account" and in addition, the Financial Operations Manager, the Director of Finance, his/her designees, and up to four designated representatives of the Manager shall be included as signatories to this account, or accounts. The number and structure of operating accounts is set forth in Exhibit D attached hereto and incorporated herein by this reference.
13. Enforcement of Leases. The Manager will ensure full compliance by each tenant with the terms of that tenant's lease. Involuntary termination of tenancies shall comply with all applicable laws and regulations. The Manager is designated as the Authority’s agent with the right to enter and take possession of the Units, in accordance with applicable law, and shall lawfully terminate any tenancy when, in the Manager's reasonable judgment, sufficient cause (including, but not limited to, nonpayment of rent) for such termination occurs under the terms of the tenant's lease. For this purpose, the Manager is authorized to consult with legal counsel qualified to bring unlawful detainer actions and to execute notices to vacate and judicial pleadings incident to such actions.
The Manager shall keep the Authority informed of such actions and follow such direction as the Authority may provide for the conduct of any such action. Attorney’s fees and costs incurred in connection with unlawful detainer actions will be paid out of the General Operating Account as an expense of the Properties. Notwithstanding the foregoing, the Manager is at all times ultimately responsible for the enforcement of leases. Payment by the Authority of legal fees and costs incurred in connection with unlawful detainer actions does not create an attorney-client relationship between the Authority and the Manager’s unlawful detainer legal counsel.
14. Maintenance and Repair. The Manager will maintain the Properties in good, clean, safe and sanitary condition in accordance with the Administrative Plan and local codes and in a condition acceptable to the Authority at all times. This will include, but not be limited to, cleaning, painting, plumbing, grounds care, and such other maintenance and repair works as may be necessary, subject to any limitations imposed by the Authority in addition to those contained herein. The Manager will ensure all vendors maintain the required licensing, insurance, permits, and approvals for any work performed in accordance with this Agreement, as well as all local, state, and federal codes and regulations. The Manager will maintain an on-site property entry log for all vendors.
Incident thereto, the following provisions will apply:
(a) The Manager will complete preventative maintenance activities in the most cost effective and efficient manner as possible, while maintaining the quality of the Properties.
(b) The Manager will contract in compliance with Section 21 hereof with qualified independent contractors for the maintenance and repair of roofs, air-conditioning and heating systems, and for extraordinary repairs beyond the capability of regular maintenance employees.
(c) The Manager is aware of the requirements of California Labor Code Section 1720 et seq., 1770 et seq., and California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”) which require the payment of prevailing wage 154
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9 rates and the performance of other requirements on “public works” and “maintenance” projects. The projects performed under this contract may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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 $1,000 or more, the Manager agrees to fully comply with such Prevailing Wage Laws, including but not limited to requirements related to public works contractor registration and maintenance and submittal of certified payroll records. The Authority shall provide the Manager with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. The Manager shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services and shall post copies of the Manager’s principal place of business and at the project site. The Manager shall defend, indemnify, and hold the Authority, its elected official officers, employees, and agents free and harmless from any claim or liability arising of any failure or alleged failure to comply with the Prevailing Wage Laws. (d) The Manager will systematically receive and investigate all service requests from tenants, take such action thereon as may be warranted and will keep records of the same. Service requests will be addressed within four working days; provided, however, emergency requests will be received and serviced on a 24-hour basis.
The Manager shall promptly investigate and respond to serious complaints as appropriate, and shall comply with all applicable federal and state laws in connection with same, including but not limited to the requirements of the Fair Employment and Housing Act and other applicable fair housing laws, and shall promptly report such complaints and the Manager’s response thereto to the Authority. The Manager shall advise tenants to report to law enforcement all complaints involving actual or threatened criminal activity.
The Manager shall provide the Authority with a monthly summary of all serious complaints received by the Manager. This summary shall include a brief description of each complaint and the Manager’s response thereto.
(e) The Manager is authorized to purchase while complying with the provisions of Section 21, on behalf of the Authority, all materials, equipment, tools, appliances, supplies and services necessary for proper maintenance and repair. The Authority shall retain ownership of all said materials, equipment, tools, appliances and supplies.
(f) Notwithstanding any of the foregoing provisions, the prior written approval of the Authority will be required for any maintenance or repair project in which the overall cost is expected to exceed $15,000 for labor, materials, and/or otherwise in connection with the maintenance and repair of the Properties. This limitation does not apply to recurring expenses within the limits of the operating budget or to emergency repairs involving manifest danger to persons or property, or that are required to avoid suspension of any necessary service to the Properties. In the latter event, the Manager will inform the Authority in writing of the facts as promptly as possible. For purposes herein, “recurring expenses” shall include utilities, pest control, laundry services, pool services, courtesy patrol, regulatory permits, and vermin extermination. 155
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10 (g) The Manager shall enter into all service contracts (such as pool maintenance/repair, laundry, vermin extermination and landscape maintenance) in accordance with Section 21 and maintain all required permits and approvals on equipment, pools, facilities, etc. for each of the Properties. (h) The Manager shall not undertake any work of construction or any work which would modify or change the exterior of any building or grounds.
15. Utilities and Services. The Manager will make arrangements for water, electricity, gas, sewage and trash disposal, telephone and cable service for the Properties. The Manager will enter into such contracts as may be necessary to secure such utilities, acting as Manager for the Authority.
16. Employees.
(a) All personnel of the Manager involved with the management, maintenance, repair, operation or leasing of the Properties will be employees of the Manager and will be hired, paid, directed, supervised, and discharged by the Manager.
The Manager will provide sufficient resources (staff and/or services) in order to fulfill its obligations to the Authority under the terms of this Agreement. All costs associated with hiring and discharging of such employees will be borne by the Manager. The Manager warrants that it has established employment policies in accordance with employment laws and said policies include a drug free workplace or similar substance abuse policy, a zerotolerance violence in the workplace policy and all other policies mandated by state and Federal law. The Manager warrants that all of its employees meet all qualifications, licensing and code requirements, applicable to completing assigned tasks. The Manager warrants that training will be provided to employees as may be required by local, state or federal law and will be conducted by an individual or entities qualified to provide such training. It is understood that, subject to sub-Sections (b) and (c), below, all direct costs associated with employees working "on-site" and specifically identified on Exhibit F will be borne by the Authority to include their direct salary (but not bonuses or overtime that have not been preapproved by the Authority), Social Security taxes, employment taxes, medical insurance, Pension Plan, Worker's Compensation, uniforms, Housing allowance and other benefits (if applicable). Any costs associated with overtime will only be paid by the Authority when preapproved by the Authority. The Authority shall have the right to interview and approve the hiring of any prospective site managers or regional (non-site specific) staff included in Exhibit “F”. Only the cost of those positions set forth on Exhibit F shall be paid by the Authority. Positions may be added, deleted or modified from Exhibit F based on property need with approval of the Manager and the Executive Director of the Authority. Notwithstanding the foregoing, all personnel of the Manager are exclusively the employees of the Manager, and not of the Authority. (b) The Manager shall have full and exclusive responsibility and liability for payment of all federal, state and local payroll taxes and for contributions for unemployment insurance, Social Security (FICA) and other benefits imposed or assessed under any provision of law or by regulation, and which are measured by salaries, wages, or other remuneration paid or payable by the Manager to its employees engaged in any work in connection with this Agreement or indicated herein, for the payment of which the 156
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11 Authority will reimburse the Manager, subject to the written approval of the Finance Director. The Manager shall have full and exclusive responsibility and liability for the withholding and payment of any income taxes required to be withheld from the wages or salaries of said employees under any provision of law or regulation. The Manager agrees to save and hold the Authority harmless from all claims for penalties, interest, or costs which may be assessed under any law or any rules or regulations thereunder with respect to its failure or inability to perform the aforesaid responsibilities. (c) Upon ten days demand from the Authority, the Manager shall cause any employee of the Manager to be removed from the Properties, including any corporate employee not included on Exhibit F, at the Manager's sole cost and expense. (d) The Manager shall be solely responsible for the methods and means of managing its personnel to achieve the desired results. Authority’s authority over and involvement in the Manager’s employment matters shall be limited consistent with the Manager’s status as sole employer of its employees.
17. Disbursements from General Operating Account.
(a) From the funds collected and deposited by the Manager in the General Operating Account pursuant to Section 12 above, the Manager will make or request the following disbursements promptly when payable:
(i) The Manager shall request from the Director of Finance of the Authority reimbursement to the Manager for the actual compensation payable to employees specified in “Exhibit F”, together with the actual cost of the medical insurance, dental insurance, life insurance, Workers Compensation insurance, and taxes and assessments payable to local, state and federal governments actually paid by Manager in connection with the employment of such employees, as determined by the Manager and approved by the Director of Finance of the Authority, or his/her designees. The Manager shall be required to provide the Director of Finance of the Authority, or his/her designee, with financial statements or other documentation, as may be reasonably requested by the Director of Finance of the Authority, or his/her designee, substantiating the requested reimbursement.
(ii) Notwithstanding the provisions of sub-Section (a)(i), above, the Manager shall make disbursements of all sums otherwise due and payable by the Authority as expenses of the Properties authorized to be incurred by the Manager under the terms of this Agreement, including compensation payable to the Manager, pursuant to Section 27 below, for its services hereunder.
(iii) All checks between $2,500 and $4,999 shall require at least two signatures. All checks over $5,000 shall require at least two signatures, one of which must be the signature of an authorized representative of the Authority. a. Check requests for second signature must be
accompanied by adequate documentation to ensure that vendor limits are not exceeded. 157
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12 (iv) All wire transfers will be initiated by the Director of Finance of the Authority or his/her designee.
(b) Except for the disbursements mentioned in Section 12 above, funds will be disbursed or transferred from the General Operating Account only as the Authority may from time to time direct in writing. The Manager reimbursement checks in excess of $500 shall require signatures of both the authorized signatory of the Manager and the Finance Director of the Authority or his/her designee.
(c) In the event the balance in the General Operating Account is at any time insufficient to pay disbursements due and payable under Section 17(a) above, the Manager will inform the Authority prior to disbursing funds of that fact and the Authority’s Director of Finance will then remit to the Manager sufficient funds to cover the delinquency. In no event will the Manager be required to use its own funds to pay such disbursements that are directly related to the operation of the Properties. (d) The Authority will pay for or reimburse to the Manager only those expenses that are expressly authorized by this Agreement to be borne by the Authority.
Any expenses incurred by the Manager as a result of any legal judgment or administrative ruling against the Manager or its officers, employees or agents, or any monetary settlement in lieu of same to resolve any dispute, or the costs incurred by the Manager in connection therewith, including attorneys' fees for advice to or defense of the Manager, shall be the sole responsibility of the Manager. In the event any Authority monies have been disbursed for this purpose, the Manager shall immediately reimburse the Authority.
The Authority may, in its sole discretion, elect to pay or reimburse the Manager for all or a portion of such expenses and/or costs if the Authority deems that to be in the best interests of the Authority or the community which it serves or to promote the public health, safety and/or welfare, and only upon written agreement between the Authority and the Manager, signed by each of the Parties.
18. Budgets. The Manager will prepare and submit annual operating budgets for the Properties in forms satisfactory to the Director of Finance, which budgets shall include but not be limited to the following: Current Year Final Budget Adopted; Current Year Expected Actual; Upcoming Year Budget Request; Detailed Descriptions for any marginal deviations from Current Year; Detailed Descriptions for any Capital Expenditures for each Property; including Reserve Accounts where applicable; and Exhibit F described above. Except as permitted under Section 14(e) above, annual disbursements for operating expenses will not exceed the amount authorized by the approved budget without the prior written consent of the Authority. The Manager shall prepare a recommended operating budget for each fiscal year during the term of this Agreement, and shall submit to the Authority by March 1st of each year for the following fiscal year (July 1 to June 30). Additionally, the Manager shall prepare and submit to the Authority a budget for each fiscal year thereafter covering the period from July 1 through the next following June 30. Each year of the term the Authority will promptly inform the Manager of any changes incorporated in the approved budget, and the Manager will keep the Authority informed of any material anticipated deviation from the receipts or disbursements stated in the approved budget. The Manager may, upon the written 158
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13 request and after receipt of written approval of the Authority, make disbursements exceeding the budgeted allowances within the budgeted categories for the Properties.
19. Records and Reports. In addition to any requirements specified in the Administrative Plan or other provisions of this Agreement, the Manager will have the following responsibilities with respect to accounts and reports:
(a) The Manager will establish and maintain, on a modified accrual basis, a comprehensive system of records, books and accounts in a manner satisfactory to the Authority. All records, books and accounts will be subject to examination at reasonable hours by any authorized representative of the Authority. The Manager shall maintain the books and records in good condition and order and shall preserve the books and records for such time-period as the Authority would be legally required to preserve and maintain the books and records.
(b) The Manager will be subject to a quarterly review and an annual audit conducted by a firm of the Authority's choice. The Manager agrees to make available all applicable records to the Authority's auditors for annual review. The report will be prepared in accordance with generally accepted auditing standards. The audit report submitted by the audit firm will also be subject to a single audit at the Authority's discretion. The preparer’s services will be an expense of the Authority. (c) The Manager will furnish information as may be requested by the Authority from time to time with respect to the financial, physical or operational condition of the Properties, including, without limitation: (i) calculation and billing rent and other tenant charges; (ii) maintaining accounts receivable and delinquency records; (iii) maintaining rent rolls; (iv) processing and paying operating and capital invoices; (v) recording activity and comparing such activity to budgeted amounts; (vi) reconciling all expenditures; (vii) remitting excess funds to the Authority and requesting needed funds from the Authority; (viii) processing payroll for personnel employed in the discharge of this Agreement and in compliance with taxing authorities and other reporting requirements associated with payroll; and (ix) reports detailed in Exhibit I. (d) By the 15th day of each month, the Manager will furnish the Authority with an itemized list of all delinquent accounts, including general operating accounts, as of the tenth day of the same month.
(e) The Manager shall submit to the Authority’s Finance Director those reports set forth in Exhibit H on the periodic basis set forth in Exhibit H. Reports designated as “monthly” on Exhibit H shall be submitted by the 15th day of each month; reports designated as “quarterly” shall be submitted by the 15th day of every third month, and reports designated as “annual” shall be submitted at the end of the fiscal year or the end of the calendar year as set forth on Exhibit H. In explanation but not limitation of the foregoing, the monthly reports to be submitted include: a statement of receipts and disbursements during the previous month; a schedule of accounts receivable and payable; reconciled bank statements for all accounts maintained by the Manager on behalf of the Authority reflecting disbursements and deposit amounts as of the end of the previous month; a copy of general ledger account transactions and monthly aggregate 159
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14 utility consumption by utility; and such other matters relative to the management, operation, and maintenance of the Properties including actual income and expense balances compared to budgeted or expected results as required by the Finance Director of Authority. Additional reports may be requested throughout the year as the Authority deems necessary.
(f) On the 15th day of each month, the Manager will submit to the Authority the reports listed on Exhibit I attached hereto and incorporated herein by reference, to assist the Authority in determining compliance with that certain Stipulation for Entry of Judgment in case number Indio 51124 as consolidated with case numbers Indio 51143 and 51159 which has been provided to the Manager. (g) Confidentiality. All books, records, operating statements, leases, and other material or information relevant to the operation or financial nature of the Properties shall be maintained in the strictest confidence and shall not be available to any employee or salesperson of any affiliate of Manager, nor to any other party without the prior written consent of the Authority or under compulsion of law (e.g., subpoena).
20. Fidelity Bond. The Manager will place the Properties on a master fidelity bond, which provides blanket coverage equal to two months gross rent potential. The bond will provide coverage for all principals and agents of the Manager and all persons who participate directly or indirectly in the management of the Properties and their assets, accounts and records. The premiums for such a bond will be paid and borne by the Manager. Specifically, coverage for the Manager, including all applicable persons in the Manager's employ, will be paid by the Manager, and coverage for the Authority’s personnel, if applicable, will be paid by the Authority. Said fidelity bond shall be issued by a company which is reasonably acceptable to the Authority, and the Manager shall deliver to the Authority a copy of said fidelity bond upon execution by the Authority of this Agreement.
21. Bids, Discounts, Rebates or Commissions. The Authority and the Manager agree to adhere to the City of Palm Desert’s purchasing policy procedures set for the in Ordinance No. 1392 of the City of Palm Desert, and any amendments thereto, when obtaining contract materials, supplies and services for the Properties and to secure and credit to the Properties all discounts, rebates and commissions obtainable with respect to purchases, service contracts and all other transactions on behalf of the Properties. The Manager agrees that no goods and services shall be purchased from individuals, related companies and companies having a financial or pecuniary interest (a "conflict-of-interest") with the Manager. All vendor accounts shall be opened in the Authority's name, upon prior written approval of the Authority.
The Manager will develop detailed scopes of work, materials, supplies, equipment and contractual services for any work or repair the cost of which may exceed $15,000 for a single Unit or project. The Manager shall comply with the procedures set forth in Ordinance No. 1392 of the City of Palm Desert, and any amendments thereto, in connection with the purchase of any materials, supplies, equipment and contractual services to be paid for by the Authority under this Agreement.
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15 Copies of all required bids and documentation of all other written or verbal cost comparisons made by the Manager shall be made part of the records of the Properties and shall be retained for three years from the date the work was completed or as required by the City of Palm Desert’s Retention Policy. This documentation shall be subject to inspection by the Authority, or its designee and the Manager agrees to submit such documentation upon request. Further, the Manager shall annually submit a report to the Authority describing the outcome of all bidding procedures, which report shall include the names of all bidders and the amount of their bids and shall indicate to which bidder the contract was awarded.
The Manager agrees to make available to the Authority, when requested, all records of the Manager, which relate to the provision of goods or services to the Authority whenever funds from the Properties have been used to pay for such goods and/or services (other than management services).
22. Resident Services Program. The Manager will be responsible for carrying out any resident retention or social services program described in the Administrative Plan and any other program or service that may become available that are in the best interest of the residents or community to promote public health, public safety or tenant welfare (collectively, the “Resident Services Program”). The Resident Services Program will be carried out by the Resident Services Coordinator, as designated on Exhibit F.
23. Resident - Management Relations. The Manager will establish quarterly meetings with tenants at Properties containing 150 or more units to encourage and promote communication and tenants’ initiatives.
24. Defense, Indemnity and Hold Harmless Agreement. Except for losses arising out of Manager’s sole negligence, gross negligence, or willful misconduct, or covered by insurance required by section 25, the Manager and Authority agree that the Manager , and their respective officials, officers, employees, and agents including the Manager (collectively “Indemnitees”) should, to the extent permitted by law, be fully protected against any loss, injury, damage, complaint, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the Manager’s performance of this Agreement. Accordingly, the provisions of this defense, indemnity and hold harmless provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the Indemnitees. The Manager shall be named as an additional insured under Authority’s comprehensive liability policy covering the Properties. All obligations under this provision shall be paid by the Authority as they are incurred by the Manager. The Authority shall defend the Manager, and bear the expense thereof, with lawyers approved by the Manager, such approval which shall not be unreasonably withheld.
25. Professional Services Insurance Requirements.
(a) The Manager shall not commence work under this Agreement until it has provided evidence satisfactory to the Authority that it has secured all insurance required under this Section. In addition, the Manager shall not allow any subcontractor 161
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16 to commence work on any subcontract until it has provided evidence satisfactory to the Authority that the subcontractor has secured all insurance required under this section. (b) Automobile Liability Insurance. The Manager shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Manager arising out of or in connection with Work to be performed under this Agreement, including $1,000,000 combined single limit for each accident including coverage for any owned, hired, nonowned or rented vehicles. (c) Professional Liability (Errors & Omissions). The Manager shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 per claim and policy shall not exclude discrimination, fair housing, American with Disabilities act, and sexual molestation violations. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and the Manager agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (d) Workers’ Compensation/Employers' Liability Insurance. The Manager shall procure and maintain Workers' Compensation insurance complying with California workers’ compensation laws, including statutory limits for workers’ compensation and an Employer’s liability limit of $1,000,000 per accident or disease.
Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the Authority, the Successor Agency to the Palm Desert Redevelopment Agency, the City of Palm Desert, and their respective officials, officers, employees, volunteers, and agents.
(e) Fidelity Coverage. Consultant shall provide evidence of fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than $1,000,000 per occurrence.
(f) 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:
i. 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.
ii. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
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17 iii. Liability arising from the failure of technology products (software) required under the contract for consultant to properly perform the services intended. iv. 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. v. Liability arising from the failure to render professional services. (g) Employment Practices Liability. The Manager shall maintain employment practices liability insurance in the minimum amount of $1,000,000 per occurrence/$2,000,000 general aggregate.
(h) Evidence of Insurance. The Manager shall provide evidence of the insurance required herein, satisfactory to the Authority, consisting of certificate(s) of insurance evidencing all of the coverages required by this Agreement. In addition, the Manager agrees to provide complete copies of all policies of insurance to the Authority annually or upon request. The Certificate(s) shall reflect that the insurer will provide 30- days notice of any cancellation or modification of coverage to the Additional Insureds, per the terms of the policy. The Manager agrees to require its insurer to modify the certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable.
Nothing contained in this Agreement or any other agreement relating to the Authority or its operations shall limit the application of such insurance coverage. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf and are to be provided on standard ISO forms noted above. All endorsements are to be received and approved by the Risk Manager prior to the commencement of work. (h) No Limitation on other Insurance. Requirements of specific coverage features or limits contained in this Section 25 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 and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
(i) Subrogation. All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit the Manager, its employees, or agents, from waiving the right of subrogation prior to a loss. The Manager hereby waives all rights of subrogation against the Authority, the Successor Agency to the Palm Desert Redevelopment Agency, and the City of Palm Desert.
(j) Authority's Right to Purchase Replacement Insurance. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, the Authority has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the Authority will be promptly reimbursed by the Manager.
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18 (k) Proof of Insurance. The Manager shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished not more than 72 hours after the expiration of the coverage(s). Any actual or alleged failure on the part of the Authority or any other of the Additional Insureds under these requirements to request or obtain proof of insurance required under this Agreement in no way waives any right or remedy of the Authority or any other of the Additional Insureds, in this or any other regard.
(l) Subcontractor Proof of Insurance.
(i) Subcontractors Performing Recurring Work or Work in Excess of $2,500. The Manager shall require all subcontractors or other parties which provide (i) recurring services to the Properties, or (ii) services in excess of $2,500 in a six month Period (a "Major Subcontractor") to the Properties to provide the same minimum insurance coverage required of the Manager and Workers Compensation insurance to conform with the requirements of this section. The Manager 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. The Manager agrees that upon request, all agreements with Major Subcontractor, or others with whom the Manager contracts with on behalf of the Authority, will be submitted to the Authority for review. For purposes of this Section a contractor or party hired for the work shall be deemed to be performing "recurring work" in the event that contractor or party hired performs in excess of a single segregated or discrete project in any six-month period. The Manager agrees to obtain certificates evidencing such coverage and to make reasonable efforts to ensure that such coverage is provided as required herein. Failure of the Authority to request copies of such agreements will not impose any liability on or constitute waiver by the Authority of its rights hereunder. The Manager agrees to require that no contract used by any Major Subcontractor, or contracts the Manager enters into on behalf of the Authority, will reserve the right to charge back to the Authority the cost of insurance required by this Agreement.
(ii) Subcontractors Performing Nonrecurring Work or Work Less Than or Equal to $2,500. The Manager shall require all subcontractors or other parties which provide (i) nonrecurring services to the Properties, and (ii) services in an amount not to exceed $2,500 in a six-month Period (a "Nonrecurring Subcontractor") to provide Commercial General Liability insurance in the amounts set forth below and Workers Compensation insurance to conform with the requirements of this section. For purposes of Section 25, a contractor or party hired for the work shall be deemed to be providing "nonrecurring work," so long as that contractor or party hired for the work does not perform more than a single segregated or discrete project in a six-month period. In the event a Nonrecurring Subcontractor performs more than a single discrete project in a six-month period or work exceeding $2,500 in value, that Nonrecurring Subcontractor shall lose its status as a “Nonrecurring Subcontractor” and shall be automatically deemed a “Major Subcontractor”. The liability limits for Nonrecurring Subcontractors shall provide no less than $500,000 per occurrence for all coverages and $500,000 in the general aggregate. 164
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19 The Manager agrees to verify such coverage and make reasonable efforts to ensure that such coverage is provided as required herein. The Manager agrees to require that no contract used by any Nonrecurring Subcontractor, or contracts the Manager enters into on behalf of the Authority, will reserve the right to charge back to the Authority the cost of insurance required by this Agreement. The Manager agrees that upon request, all agreements with Nonrecurring Subcontractors, or others with whom the Manager contracts on behalf of the Authority, will be submitted to the Authority for review. Failure of the Authority to request copies of such agreements will not impose any liability on the Authority nor constitute a waiver of the rights of the Authority hereunder.
26. Compliance With Governmental Orders. The Manager will take such action as may be necessary to comply promptly with any and all governmental orders or other requirements affecting the Properties, whether imposed by federal, state, county or municipal authority. Notwithstanding the foregoing, the Manager shall take no such action so long as the Authority is contesting, or has affirmed its intention to contest, any such order or requirement. The Manager will notify the Authority in writing of all notices of such orders or other requirements as soon as possible from the time of their receipt.
27. Manager's Compensation. The Manager will be compensated for its services under this Agreement by monthly management fees. Such fees will be payable on the first day of each month, in arrears, for the services provided in the prior month for the term of this Agreement. For the purpose of this Section, the term ‘occupied units’ shall include those Units which are currently leased, on notice to vacate, or temporarily vacant due to a move out. For the avoidance of doubt ‘occupied units’ shall not include units occupied by the Manager’s management staff pursuant to Section 3(f). The Management Fee (“Fee”) shall be calculated monthly according to the following schedule:
(a) In the case of occupied units, each such monthly fee shall be in the amount of $63.00 per Unit per month commencing on Junely 1, 2025, and an increase of 3% commencing on July 1, 2027, and biannually every January 1st thereafter for the remainder of the Term of this Agreement including contract extensions, if any); except as follows:
(i) For Units where a Notice of Termination of Tenancy (“Notice”) was provided by the tenant as required (30 calendar day notice) and a Unit remains vacant for 30 calendar days or more, the Manager will not be entitled to the monthly fee, except in those circumstances where the vacancy is the result of the Authority’s leasing process for affordable Units.
(ii) For Units where no Notice was given, the tenant chose to ‘quit’ or the tenant skipped, and a Unit remains vacant for 45 calendar days or more, the Manager will not be entitled to the monthly fee.
(b) In the case of unoccupied Units (except those Units described in Section 27(c-e) below), each such monthly fee shall be as follows:
(i) $63.00 per Unit per month for the first four months for Units that have been determined, in the Authority’s sole and absolute discretion, to be 165
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20 ‘unrentable’ or ‘down’ due to physical condition or damage. Unless otherwise determined by the Authority, the Manager is expected to repair said Units within the four months. If the Manager fails to repair units within the given time, no fee will be paid until the unit is available for occupancy.
(ii) No Fee will be paid for Units that are unrentable or down due to action or inaction by the Manager.
(c) In the case of Units that are newly constructed or newly renovated which will be added to Exhibit A, the Fee shall be $10 per Unit per month commencing at such time as the construction/renovation has reached 90% completion as determined by the contractor’s billing until Certificate of Occupancy, in the case of new Units, or Certificate of Completion, in the case of renovated Units, is issued. (d) In the case of Units which were ‘down’, as described in Section 27(b)(i) and direction has been given to the Manager by the Authority not to repair said Units, commencing with the fifth month, the Fee shall be reduced to $20 per Unit per month until the Manager is no longer responsible for said Units. (e) Except as otherwise expressly provided in this Agreement, all employees not identified in Exhibit F and other overhead expenses of the Manager (including but not limited to costs of office supplies and equipment, postage, transportation, travel expenses for managerial personnel and telephone services) will be borne by the Manager. All services for management, accounting, and reporting, with exception of the Authority's requested annual audit, shall be borne by the Manager.
In addition to the Management Fee, the site employees for the Properties shall be paid based on the Employee Salaries listed on Exhibit F attached hereto and incorporated herein by this reference.
28. Termination.
(a) Authority Termination for Convenience. Authority may terminate this Agreement for convenience (a “Termination for Convenience”) by giving not less than 180 days written notice of termination. The notice of termination shall specify that the termination is for the convenience of the Authority. Upon a Termination for Convenience, the Authority shall continue to pay the Manager for all work performed up to the date of the Termination for Convenience. The Manager shall be compensated only for those services that have been satisfactorily rendered to the Authority until the date of the Termination for Convenience, and the Manager shall be entitled to no further compensation. Authority shall not be liable for any post-termination costs, lost profits, or other alleged damages resulting from a Termination for Convenience. (b) Termination For Cause: Either Party may terminate this Agreement with cause (a “Termination for Cause”) by giving written notice to the other Party not less than 90 days prior to the date of Termination for Cause. Any such written notice for cause shall specify the default or cause for termination. If the default or cause for termination specified has not been cured within 21 days of receipt of the notice, this Agreement shall 166
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21 terminate on the date of termination set forth in the notice. Upon termination, the Manager shall be compensated only for those services that have been satisfactorily rendered to the Authority until the date of the Termination for Cause, and the Manager shall be entitled to no further compensation.
(c) Termination at End of Term/Extension: At least ninety (90) days prior to the automatic termination of this Agreement (the “Negotiation Period”), and unless either Party has given timely notice under this Section prior thereto, the Parties shall initiate negotiations for a new agreement for Property Management Services and use best efforts and engage in good faith negotiations to finalize such agreement and obtain final approval thereof prior to the automatic termination of this Agreement. In the event such good faith efforts are not completed before the expiration of the Term, or in the event either Party gives notice to the other during the Negotiation Period of its decision not to enter into a further term, this Agreement may be extended for not more than ninety (90) days after the giving of such notice or June 30, 2030, whichever is later, upon the written authorization of the Executive Director of the Authority. Good faith negotiations may include an extension of this Agreement up to an additional forty-eight (48) months provided that any such extension shall require the authorization of the Authority Board and shall be in writing, as an Amendment to this Agreement, signed by both Parties.
Nothing herein shall prevent the Housing Authority Board from electing to issue a Request for Proposal for Property Management Services in lieu of negotiating with Manager. (d) Bankruptcy. In the event that a petition in bankruptcy is filed by either of the Parties, or in the event that either Party makes an assignment for the benefit of creditors to take advantage of any insolvency act, this Agreement shall automatically terminate.
(e) Sale of Properties. This Agreement shall automatically terminate, upon the sale of the Properties, or as to any Property, on the sale of such Property, except that, this provision shall not apply in the event of a sale, transfer, or re-conveyance by and between the former Palm Desert Redevelopment Agency, the Authority, the Successor Agency to the Palm Desert Redevelopment Agency, the City of Palm Desert, and/or any related or successor agency or entity.
(f) Addition of Properties. In the event the Authority adds a property to its operations portfolio, the Manager and Authority’s designee may agree in writing to amend Exhibit A for the inclusion of said property. Such amendment shall be subject to the terms and conditions herein from the effective date of the amendment. (g) Exchange of Documents. Upon termination of this Agreement, the Manager will submit to the Authority any financial statements requested by the Authority and, after the Parties have accounted to each other with respect to all matters outstanding as of the date of termination, the Authority will furnish the Manager security in form and principal amount satisfactory to the Manager against any obligations or liabilities which the Manager may properly have incurred on behalf of the Authority hereunder. All of the cash trust accounts, investments, equipment and records for the Properties will be turned over to the Authority within 30 days of the date this Agreement is terminated. The Parties hereby covenant and agree that the Authority shall own the books and records for the 167
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22 Properties and that the Manager shall hold the books and records for the Properties for the benefit of the Authority for an agreed upon period at the time of termination.
29. Manager's Indemnification. Subject to the Manager's indemnification obligations hereunder as set forth in Section 24, the Parties understand and agree:
(a) That the Authority has assumed and will maintain its responsibility and obligation through the Term of this Agreement for the finances and the financial marketability of the Properties; and
(b) That the Manager shall have no obligation, responsibility or liability to fund authorized costs, expenses, or accounts other than those funds generated by the Properties themselves or provided to the Properties or to the Manager by the Authority.
In accordance with the foregoing, the Authority agrees that the Manager shall have the right at all times to withdraw payment of its compensation, as provided for under Section 27 of this Agreement, from the General Operating account or accounts, immediately when such compensation is due and without regard to other property obligations or expenses conditioned on the Manager having satisfactorily discharged all duties and responsibilities under this Agreement. Moreover, the Authority hereby indemnifies the Manager and agrees to hold it harmless with respect to costs, expenses, accounts, liabilities and obligations of the Properties during the Term of this Agreement and further agrees to guarantee to the Manager the payment of its compensation under Section 27 of this Agreement during the Term of this Agreement to the extent that the Operating and Maintenance Account for the Properties are insufficiently funded for this purpose. Failure of the Authority at any time to abide by and to fulfill the foregoing shall be a breach of this Agreement entitling the Manager to obtain from the Authority, upon demand, full payment of all compensation owed to the Manager through the date of such breach.
30. Prohibition Against Assignment and Subcontracting Management Services.
The Manager shall not assign this Agreement or subcontract any management or other services, without the express prior written consent of the Authority.
31. Notices. Except as otherwise provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Party to this Agreement by the other Party shall be given in writing. All such notices or other communications shall be deemed duly served and given when personally delivered to the Party to whom they are so directed, or in lieu of personal service when deposited in the United States mail, first-class postage prepaid, addressed to the respective Party as set forth below:
To the Authority:
Palm Desert Housing Authority
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attention: Housing Manager
To the Manager:
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Contract No. HA48960
23 National Community Renaissance
9692 Haven Avenue, Suite 100
Rancho Cucamonga, CA 91730
Attention: Michael Ruane, President
Either Party may change its address for the purpose of this Section 31 by giving written notice of the change to the other Party in the manner provided in this Section.
32. General Provisions.
(a) Binding on Successors and Assigns. At all times, this Agreement will inure to the benefit of and constitute a binding obligation upon the Parties and their respective successors and assigns.
(b) Entire Agreement and Allowable Changes. This Agreement (including the Addendum) constitutes the entire Agreement between the Authority and the Manager with respect to the management and operation of the Properties, and all prior agreements between the Authority and the Manager regarding the subject matter of this Agreement (including the Addendum) are hereby superseded and replaced.
Changes hereto must be made by supplemental written agreement signed by the Parties.
Exhibits hereto may be amended as necessary by the written agreement of the Parties. (c) Attorneys' Fees. If any litigation is commenced between the Parties concerning the Properties, this Agreement, or the rights and duties of either Party with respect to this Agreement, the Party prevailing in the litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to reasonable attorneys' fees and costs.
(d) Ambiguities. Each Party and their counsel have participated fully in the drafting of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in interpreting this Agreement. (e) Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them will not be affected.
(f) Approval by Authority. Whenever a provision of this Agreement requires the delivery of documents or reports, notifications, determinations, reimbursements or requests for funding, review, authorization or approval of the Authority, such approval may be given by the Executive Director of the Authority or his/her designee, unless Authority Board action is specified in this Agreement. (g) Word Usage. Unless the context clearly requires otherwise, (a) the plural and singular shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) "shall," "will," or 169
Contract No. HA48960
24 "agrees" are mandatory, and "may" is permissive; (d) "or" is not exclusive; and (e) "includes" and "including" are not limiting.
[Signatures on following page]
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25 Clerk QC: MN
Contract QC: ________
Insurance:
__________
Initial Review
__________
Final Approval
IN WITNESS THEREOF, the Parties have executed this Agreement on the date first above written.
AUTHORITY:
PALM DESERT HOUSING AUTHORITY,
a public body, corporate and politic
By: _____________________________
Jan C. Harnik
Chairperson
ATTEST:
By: ______________________________
Anthony J. Mejia
Secretary
APPROVED AS TO FORM:
By: _____________________________
Isra Shah
Best Best & Krieger
Special Counsel
MANAGER:
NATIONAL COMMUNITY
RENAISSANCE, a California Nonprofit
Corporation
By: _________________________
Michael Ruane
President
By: __________________________
Michael Finn
Treasurer
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EXHIBIT A
(PROPERTIES)
PALM DESERT HOUSING AUTHORITY
AFFORDABLE HOUSING UNITS
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EXHIBIT B
[intentionally omitted]
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EXHIBIT C
MANAGEMENT OFFICES
Location of Management Offices
One Quail Place
(located in management office)
Las Serenas
(located in management office)
Catalina Gardens
(located in management office)
Desert Pointe
(located in management office)
California Villas
(located in management office)
Laguna Palms
(located in management office)
Carlos Ortega Villas
(located in management office)
Locations Managed
One Quail Place
Las Serenas and La Rocca Villas
Catalina Gardens, The Pueblos, Candlewood Apartments, and Sagecrest Senior Desert Pointe, Taos Palms and Neighbors Apartments
California Villas
Carlos Ortega Villas
Laguna Palms and Palm Village Apartments
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EXHIBIT D
DEPOSIT ACCOUNTS
The following security deposit accounts shall be maintained by the Manager for the benefit of the Authority:
TO BE PROVIDED BY THE CITY’S FINANCE DEPARTEMNT.
The following operating deposit accounts shall be maintained by the Manager for the benefit of the Authority:
TO BE PROVIDED BY THE CITY’S FINANCE DEPARTEMNT.
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EXHIBIT E
NON-COLLUSIVE AFFIDAVIT FORM
AFFIDAVIT
State of California )
)ss.
County of Riverside )
___________________________, being first duly sworn, deposes and says:
That he is ___________________________, the party making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant, or of any other bidder or to fix any overhead profit or cost element of said bid price, or that of any other bidder or to secure any advantage against the _________________________________________ or any person interested in the proposed contract, and that all statements in said proposal or bid are true.
Signature of Person Making Affidavit:
____________________________________
Subscribed and sworn to me this _______ day of __________________, 20___ My commission expires __________________, 20___
Notary Public Signature:_______________________
Official Seal:
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EXHIBIT F
PROPERTY STAFFING & SALARY RANGES
To be provided annually with the property budgets.
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EXHIBIT G
PERFORMANCE CRITERIA
1. PROPERTY PORTFOLIO NET OPERATING INCOME COMPARISON
a. Current Budget Year: July - June
b. Budgeted vs. Actual = Variance
c. Vacancy Rate Analysis
2. RESPONSE TO RESIDENT COMPLAINTS
a. Response to service requests/turn around time
b. Response to resident complaints and concerns - monthly meetings c. Response to resident complaints and concerns at site office
3. COMPLIANCE WITH AGREEMENT
a. Define any notable gross disparities from the Agreement on the following:
i. Report preparation and submittal promptness
ii. Responsiveness to Authority requests
iii. Method of accounting
4. CAPITAL IMPROVEMENTS SCHEDULE
a. Deferred Capital Improvement Schedule
b. Capital Improvement Program
c. Maintenance and general appearance of properties
5. OPERATIONS
a. Operational procedures to be audited:
i. Compliance with Stipulation
ii. Compliance with all laws including those related to property management, Fair Housing, and housing authorities
iii. Recertification
iv. Internal controls
v. Contract controls
6. ACCOUNTING AUDIT
a. Review of Annual Audit Findings
b. Quarterly Audits Formatted: Indent: Left: 0.5", Hanging: 0.5", Tab stops: Not at 0.94"
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EXHIBIT G
PERFORMANCE CRITERIA
CONTINUED
7. AFFORDABLE HOUSING PROGRAM
a. Housing Authority goals
b. Management Company goals
c. Program implementation
d. Compliance with local, state, and Federal regulations e. Tenant Household Income Analysis
8. RESIDENT RELATIONS
a. Review summary responses of any resident surveys
b. Establishment of Tenant Exit Survey
9. GENERAL
a. General overview of previous operational year
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EXHIBIT H
LIST OF FINANCIAL REPORTS REQUIRED
Monthly Reports
1. Payroll register and invoices (may be submitted after every payroll or monthly).
2. Management Fee Report that includes Vacancies/Current Rental Activity submitted with invoice.
3. Disbursement/Expense Journals for each check run.
4. General Ledgers for all Properties.
5. Check Registers for all Properties.
6. Monthly Bank Reconciliations with Outstanding Check Registers.
7. Balance Sheets and/or Trial Balances for all Properties.
8. Rent Rolls for all Properties.
9. Delinquent A/R for all Properties.
10. Prepaid Listing for all Properties.
11. Income Statements with Monthly Budget Variance as well as Annual Variance.
12. Monthly Adjusting Journals.
13. Cash Receipts Journals.
Quarterly Reports
1. Security Deposit List for all Properties (If not included in the monthly rent roll)
2. Status Report on Items over 90 days (Requests to the Board for write offs, etc.)
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EXHIBIT H
LIST OF FINANCIAL REPORTS REQUIRED
- CONTINUED –
Annual Reports Required
At Fiscal Year End:
1. Schedule of Accounts Payable
2. Schedule of Accounts Receivable
3. Inventory of all Agency and Authority personal property and readily removable fixtures attached to the Properties.
4. Preliminary sets of Monthly closing reports, when requested.
5. Once audited, Final Set of all June Closing Reports
6. Schedule of Security Deposits Matching the Cash Held
7. The Report described in Section 21
At Calendar Year End:
1. Copies of the transmittals for Federal Reporting Requirements for W-2's and 1099's
Analytical Reports:
1. Upon request of the Authority, reports analyzing various information required in the above Financial Reports (May include summaries of all properties and/or multi-year information).
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EXHIBIT I
Leasing Reports:
1. Monthly Occupancy and Average Rent Statement
2. Monthly Net Operating Income Statement
3. Replacement Lists maintained continuously due at least once annually on June 30.
4. Resident Demographics Report
5. Service Request and Serious Complaints
6. Other reports as requested or as necessary to perform the requirements of the Agreement.
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EXHIBIT J
On-going services requiring written cost estimates will adhere to the City of Palm Desert’s purchasing policy procedures set for the in Ordinance No. 1392 of the City of Palm Desert, and any amendments thereto as required in Section 21 of the Management Agreement as well as for services listed below:
1. Landscape Contracts
a. Monthly Services
b. Annual Services including tree trimming, overseeding, and perennial flowers
2. Pest Control
3. Pool Services
4. Replacement Carpet and Vinyl
5. Laundry Services
6. Air Conditioning/Heating Unit Servicing, Cleaning, and Replacement Services
7. Carpet Cleaning
8. Flooring and Housekeeping Cleaning Services
9. Environmental Testing and Cleaning Services
10. Moving Company Services
11. Golf Cart Repair and Maintenance Services
12. Courtesy Patrol Services
13. Towing Services
14. Solar Maintenance Services
15. Elevator Maintenance Services
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EXHIBIT K
NON-EXCLUSIVE LIST OF REQUIRED AND PERMISSIVE BACKGROUND CHECK
INFORMATION BY TYPE OF FUNDING
Source of
Information
Information Federal Funds Involved Federal Funds Not Involved Investigation Disclosure &
Consent
Investigation Disclosure &
Consent
Law
Enforcement
Agencies
Illegal Drug Use Required Housing
Authority must
require &
applicant must
consent
May obtain Must notify
applicant, if
basis for denial
Drug use that Interferes
with Health & Safety of
Others
Required Housing
Authority must
require &
applicant must
consent
May obtain Must notify
applicant, if
basis for denial
Sex Offenses Required Housing
Authority must
require &
applicant must
consent
May obtain Must notify
applicant, if
basis for denial
“Serious” crimes
Murder,
mayhem, rape,
burglary
Hate crimes
Offenses such as
firearms,
explosives
Felonies
involving drugs,
alcohol
Domestic
Violence
Required Housing
Authority must
require &
applicant must
consent
May obtain Must notify
applicant, if
basis for denial
Juvenile Records Prohibited N/A Prohibited N/A
Arrests Not Resulting in
Conviction
Prohibited N/A Prohibited N/A
State /
Federal
Government
Social Security Numbers Required Housing
Authority must
require &
applicant must
consent
May obtain Application
must indicate
disclosure is
voluntary
Citizenship / Residency Required Housing
Authority must
Prohibited N/A. But if
Housing
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require &
applicant must
consent
Authority has
unsolicited
evidence that
applicant is
undocumented,
it must reject
the application.
Income / Family
composition & tax info,
to verify eligibility
Required Housing
Authority must
require &
applicant must
consent
Required Housing
Authority must
require &
applicant must
consent.
Credit
Agencies
Investigative Consumer
Report
Credit History
Character
Reputation
Personal
Characteristics
Mode of Living
May Obtain Housing
Authority must
notify
applicant
May Obtain Housing
Authority must
notify applicant
Convictions
Civil Actions
Tax Liens
Outstanding
Judgements
May Obtain
but only if
credit
agency has
verified
information
with 30 days
of disclosure
Housing
Authority must
notify
applicant
May Obtain
but only if
credit
agency has
verified
information
with 30 days
of disclosure
Housing
Authority must
notify applicant
Bankruptcies
more than 10
years prior
Civil judgement
more than 7
years old
Prohibited N/A Prohibited N/A
Public
Records
Obtained
from Other
Sources;
Interviews
with
Neighbors,
Friends &
Associates
Relevant background
information
Creditworthiness
Credit Standing
Credit Capacity
Civil Actions
Convictions
Tax Liens
Outstanding
Judgements
Character
General
Reputation
May Obtain Must notify
applicant, if
basis for
denial.
Consent
recommended.
May Obtain Must notify
applicant, if
basis for denial.
Consent
recommended.
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Personal
Characteristics
Mode of Living
In addition to credit reporting agencies, background check information may be obtained from Westlaw, Lexis, DataQuick, Merlin, Choice Point, and similar reputable resources.
SAMPLE CONSENT BY APPLICANT
“I understand that the Housing Authority or its agent will perform a background check as a part of determining eligibility, including but not limited to obtaining information concerning my employment, credit history, benefits, income, assets, and criminal history, and by my signature below, I hereby authorize the Housing Authority or its agent to do so.”“I certify that the statements on this application are true and complete to the best of my knowledge and belief and I understand that they will be verified. I understand that any false statements made on this application or failure to make any required disclosures may cause me to be disqualified from initial or continuing eligibility for housing assistance and may result in eviction. I further understand that I am under a continuing obligation to inform the Housing Authority or its agent of any changes to any of the information provided in this Application, and that failure to promptly inform the Housing Authority or its agent of any changes may cause me to be disqualified from initial or continuing eligibility for housing assistance and may result in eviction.”
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