Agenda packet, regular meeting — Palm Desert City Council, May 14, 2026 (part 3 of 3)

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City of Palm Desert Staff Report
Meeting Date: May 14, 2026
Prepared By: Maria Murillo, Management Analyst
Randy Chavez, Director of Public Works
Department: Public Works
Subject: Approve Resolutions to Initiate Renewal Proceedings for President’s Plaza III Property and Business Improvement District, and Declare an Intention to Renew the President’s Plaza III Property and Business Improvement District
Recommendation

1. Adopt a resolution entitled “A Resolution of the City Council of the City of Palm Desert, California, Initiating Proceedings for the Renewal of the President’s Plaza III Property and Business Improvement District and the Levy and Collection of Assessments Therein, Pursuant to the Provisions of Part 7 of Division 18 of the California Streets and Highways Code, for Fiscal Year 2026/2027.”

2. Adopt a resolution entitled “A Resolution of the City Council of the City of Palm Desert, California, Declaring the City’s Intention to Renew the President’s Plaza III Property and Business Improvement District and to Levy and Collect Assessments Therein, and to Call for an Assessment Ballot Proceeding to Submit, to Qualified Property Owners within such District, the Question of Levying Assessments for such District, Commencing Fiscal Year 2026/2027,” and set a Public Hearing for July 9, 2026, at 4:00 p.m. at the Palm Desert Council Chamber.

Executive Summary
This item begins the proceedings required to renew President’s Plaza III Property and Business Improvement (“District”) for a new five-year term beginning Fiscal Year 2026/2027 and continuing through Fiscal Year 2030/2031. The District funds the operation, maintenance, and related administrative costs associated with the shared parking lot improvements and services that serve the assessed commercial parcels within the District, including parking lot landscaped areas, lighting, and regular mechanical sweeping.

The recommended action does not renew the District at this meeting. It initiates the formal renewal process, preliminarily approves the Management District Plan and Engineer’s Report, authorizes the next noticing and balloting steps, and sets the required public hearing at which property owners and the public may comment before final action is considered.

Background
President’s Plaza III Property and Business Improvement District was originally formed beginning in Fiscal Year 2001/2002 to fund improvements for the assessed parcels within the District. Since its establishment, the District has been renewed four times. Fiscal Year 2025/2026 is the fifth year of the current term. The proposed renewal would continue the 527

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District for an additional five years, from Fiscal Year 2026/2027 through Fiscal Year 2030/2031.

The District includes sixteen assessed commercial parcels in the President’s Plaza III area.

District-funded services and improvements include parking lot landscaped areas, parking lot lighting, and debris removal through regular mechanical sweeping of the shared parking lot.

The accompanying Management District Plan and Engineer’s Report identifies these improvements and services as those funded through the District assessments for the assessed parcels within the District.

Analysis
The attached Fiscal Year 2026/2027 Management District Plan and Engineer’s Report provides the basis for the proposed renewal. The report describes the District boundaries, the improvements and activities to be funded, the method of apportionment, the proposed annual assessments, and the five-year budget for the renewal term. For President’s Plaza III, assessment costs are apportioned to assessed parcels based on parcel square footage, and the report states that the assessed parcels use and are served by the centralized parking facility and associated improvements.

For Fiscal Year 2026/2027, the report identifies assessable direct costs of $95,520, assessable indirect costs of $15,699, and a total proposed assessment of $111,219, with a total assessment rate of $0.2450 per square foot. The report also identifies that only 96 percent of total District costs are attributable to special benefit, with the remaining 4 percent funded by the City as general benefit and excluded from the assessment calculations. The report also allows annual assessment adjustments of up to 3 percent per year during the fiveyear renewal term, not to exceed the maximum levels shown in the budget.

Staff recommend initiating the renewal proceedings at this time because the District’s current term is ending and continued funding is needed to maintain the improvements and services described in the report for the assessed parcels within the District. Approval of the proposed resolutions will allow the City to complete the legally required noticing, mailing, and public hearing process before the City Council considers final renewal of the District and levy of assessments.

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

Financial Impact
If renewed, the District would fund its improvements and services through assessments levied on properties within President’s Plaza III. For Fiscal Year 2026/2027, the proposed property owner assessment is $111,219, consisting of $95,520 in direct costs and $15,699 in indirect costs, as described in the Management District Plan and Engineer’s Report. The report also identifies a 4 percent general benefit component that will be funded by the City and not assessed to district parcels. These costs are ongoing and would be paid from District assessment revenues, with the City funding the general benefit portion, if the renewal is approved following the public hearing and ballot process. 528

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Attachments

1. Resolution-Initiate Proceedings

2. Resolution-Intent to Renew

3. Fiscal Year 2026/2027 President’s Plaza III Engineer’s Report 529

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Conflict of Interest Awareness Checklist
Note: This checklist is informational only and does not constitute a legal determination. Each Councilmember remains responsible for identifying, disclosing, and evaluating any disqualifying interests under the Political Reform Act and applicable FPPC regulations.

1. Site-Specific Property Interest
Does this item involve a project site or other identifiable real property? ☒ Yes
☐ No
If yes, identify the project site: Councilmembers should consider whether they own property within the District that is subject to the proposed renewal and levy, or own, lease, or hold a reportable real property interest near the shared parking lot and related District improvements.

Councilmembers should consider whether they own, lease, or hold interests in real property within 1,000 feet of the project site. (Gov. Code § 87103(b); FPPC Reg. 18702.2).

Councilmembers should review campaign contributions received within the prior 12 months from parties or participants to the proceeding and must not accept contributions over $500 from those parties for 12 months following the final decision. (Gov. Code § 84308). 530
Resolution No. 2026-____
A Resolution of the City Council of the City of Palm Desert, California, Initiating Proceedings for the Renewal of the President’s Plaza III Property and Business Improvement District and the Levy and Collection of Assessments Therein, Pursuant to the Provisions of Part 7 of Division 18 of the California Streets and Highways Code, for Fiscal Year 2026/2027 Whereas, the City Council desires to initiate proceedings for the renewal of President’s Plaza III Property and Business Improvement District (hereafter referred to as the “District”), pursuant to the provisions of the Property and Business Improvement District Law of 1994, part 7 of division 18 of the Streets and Highways Code of California (hereafter referred to as the “Act”), and for the levy and collection of assessments by the County of Riverside for the City of Palm Desert, in order to pay for the improvements and activities that are described in the Management District Plan (hereafter referred to as the “Plan”) and in the Engineer’s Report (hereafter referred to as the “Report”), which are combined; and
Whereas, pursuant to the Act, a written petition of the property owners within the District, representing more than 50 percent of the proposed assessments to be renewed and levied, has been submitted requesting that the City Council initiate proceedings pursuant to the Act to renew the District for a five (5) year term; and Whereas, the City Council has retained Willdan Financial Services (hereafter referred to as the “Assessment Engineer”) for the purposes of assisting with the renewal of the District and the establishment of assessments; preparing and filing the Plan with the City Clerk, in accordance with the Act; and preparing and filing the Report with the City Clerk, in accordance with the requirements of California Constitution Article XIII D.

Now, therefore, be it resolved by the City Council of the City of Palm Desert, California, as follows:

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. Preparation of Plan and Report.

The City Council hereby orders the Assessment Engineer to prepare and file with the City Clerk the Plan and Report, which addresses the renewal of and the establishment of assessments for the District, in accordance with the Act.

Section 3. Improvements.

The improvements and activities within the District include maintenance of parking lot landscaped areas, maintenance and operation of parking lot lighting facilities, debris 531
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removal, and maintenance of parking lot surface areas. These improvements and activities are more specifically described in the Plan and Report that will be filed annually, which is attached hereto and incorporated herein by reference.

Section 4. Boundaries and Designation.

The proposed District will consist of all parcels located in the commercial business area known as the President's Plaza Ill within the City of Palm Desert, the County of Riverside, and the State of California. The territory of the proposed District is generally located south of Palm Desert Drive at Highway 111, north of El Paseo, west of Sage Lane, and east of Old Highway 74. It also includes the Palm Desert Parking Lot, which is a lease parcel to the City of Palm Desert that is located south of Highway 111, east of New Highway 74, and west of Old Highway 74. The proposed District will be designated as the “President’s Plaza III Property and Business Improvement District.” Section 5. Effective Date.

This Resolution shall be effective immediately upon its adoption.

Adopted on __________________.

Evan Trubee
Mayor
Attest:

Anthony J. Mejia
City Clerk
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2026-__ 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 ___________________.
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Anthony J. Mejia
City Clerk
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Resolution No. 2026-____
A Resolution of the City Council of the City of Palm Desert, California, Declaring the City’s Intention to Renew the President’s Plaza III Property and Business Improvement District and to Levy and Collect Assessments Therein, and to Call for an Assessment Ballot Proceeding to Submit, to Qualified Property Owners within such District, the Question of Levying Assessments for such District, Commencing Fiscal Year 2026/2027 Whereas, the City Council, pursuant to the provisions of the Property and Business Improvement District Law of 1994, part 7 of division 18 of the Streets and Highways Code of California (hereafter referred to as the “Act”), did, by previous resolution, initiate proceedings for the formation of the President’s Plaza III Property and Business Improvement District (hereafter referred to as the “District”); and Whereas, written petitions have been submitted by District property owners requesting the City Council to initiate proceedings pursuant to the Act to renew the District for a five year renewal term; and
Whereas, such petitions were signed by property owners owning property within the boundaries of the District who will pay more than 50% of the assessments proposed to be renewed and levied; and
Whereas, the Act authorizes the levy and collection of assessments on real property within the District for the purpose of providing improvements and promoting activities that specially benefit real property within the District; and Whereas, article XIII D of the California Constitution and section 53753 of the California Government Code impose certain procedural and substantive requirements relating to the levy of new or increased assessments; and Whereas, no real properties deriving special benefit within the District will be exempted from payment of the assessments; and
Whereas, pursuant to the provisions of the Act, a Management District Plan (hereafter referred to as the “Plan”) and an Engineer’s Report (hereafter referred to as the “Report”) for the District, which are combined into a single report, and which contain a full-and-detailed description of improvements and services, the boundaries of the District, the estimated costs of improvements and services, and the proposed assessments upon assessable lots and parcels within the District, have been prepared and submitted to the City Clerk, presented to the City Council, and incorporated herein by reference; and
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Whereas, the City Council now desires to renew the District for an additional five year period pursuant to the Act.

Now, therefore, be it resolved by the City Council of the City of Palm Desert, California, as follows:

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. Intention to Renew District.

The City Council hereby declares its intention to renew the District for a period of five years and to levy and collect assessments within the District, pursuant to the Act, to pay the annual costs of the services and improvements that are described in the Plan and Report. If renewed, assessments shall be levied on parcels within the District commencing Fiscal Year 2026-27 and each fiscal year thereafter not to exceed five years.

Section 3. The Plan and Report are Approved.

The City Council hereby approves the Plan and Report, on file with the City Clerk and such documents shall be available for public inspection and review during normal business hours.

Section 3. Call for Assessment Ballot Proceeding.

The City Council hereby calls for an assessment ballot proceeding, on behalf of the District, to authorize the levy of assessments for a five-year term on the properties within the District, pursuant to the provisions of California Constitution article XIII D.

Section 4. Assessment Ballot Process.

The assessment ballot proceeding to authorize the levy of assessments within the District will consist of a ballot and a notice that are distributed together, by mail, to the property owners of record within the District following the adoption of this Resolution, in accordance with the provisions of California Constitution article XIII D, Section 4, and California Government Code Section 53753. Each property owner may return the ballot, by mail or in person, to the City Clerk not later than the conclusion of the Public Hearing on July 9, 2026. The Public Hearing will be scheduled to begin on Thursday, July 9, 2026, at 4:00 p.m., at the City Council Chambers, 73-510 Fred Waring Drive, Palm Desert. At the close of the Public Hearing, the City Clerk will authorize Willdan Financial Services to open and count the ballots to determine if a majority protest exists. The ballots will be weighted according to the proportional financial obligation of the affected property. If, upon the conclusion of the hearing, the ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment, then a majority protest will exist and the District cannot be renewed.
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Section 5. District Boundaries.

The District will consist of all parcels located in the commercial business area known as the President's Plaza Ill within the City of Palm Desert, the County of Riverside, and the State of California. The territory of the proposed District is generally located south of Palm Desert Drive at Highway 111, north of El Paseo, west of Sage Lane, and east of Old Highway 74. It also includes the Palm Desert Parking Lot, which is a lease parcel to the City of Palm Desert that is located south of Highway 111, east of New Highway 74, and west of Old Highway 74, as described in the Plan and Report, which are incorporated herein by reference. The proposed District will be designated as the “President’s Plaza III Property and Business Improvement District.” The boundary of the District is also demonstrated by map in the Plan and Report which is on file in the City Clerk’s office.

Section 6. Description of Services and Improvements.

The improvements and activities within the District include maintenance of parking lot landscaped areas, maintenance and operation of parking lot lighting facilities, debris removal, and maintenance of parking lot surface areas. These improvements and activities are more specifically described in the Plan and Report, which is attached hereto and incorporated herein by reference. All proposed improvements and activities specially benefit the property owners located within the District.

Section 7. Proposed Assessment Amounts.

The proposed assessments and the assessment range formula are shown, in detail, in the Plan and Report. Assessments are imposed and levied on property owners within the District. No bonds will be issued.

Section 8. Notice of Public Hearing.

The City Council hereby declares its intention to conduct a Public Hearing on the renewal of the District and the levy and collection of assessments for the District beginning Fiscal Year 2026-27, in accordance with the provisions of California Constitution article XIII D, Section 4, and Government Code Section 53753. Notice is hereby given that a Public Hearing on these matters will be scheduled to begin on July 9, 2026 at 4:00 p.m., in the City Council Chambers, which are located at 73-510 Fred Waring Drive, Palm Desert. At the public hearing, the City Council will consider all objections or protests, if any, to the proposed renewal of the District and the proposed assessment. Any interested person may present written or oral testimony at the public hearing. At the conclusion of the public testimony portion of the public hearing, the City Clerk shall open and tabulate all ballots received and not withdrawn at that time. Results of the ballot procedure will be announced, and, provided a weighted majority in opposition to the District renewal does not occur, the City Council may then renew the District by adopting a resolution to that effect.
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Section 9. Notice.

The City Clerk is hereby authorized and directed to give notice of the public hearing as provided in Section 53753 of the Government Code and Article XIII D, Section 4 of the California Constitution.

Section 10. Effective Date.

This Resolution shall be effective immediately upon its adoption.

Adopted on __________________.

Evan Trubee
Mayor
Attest:

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
538

CITY OF PALM DESERT
President’s Plaza III Property and
Business Improvement District Renewal

MANAGEMENT DISTRICT PLAN AND
ENGINEER’S REPORT
FISCAL YEAR 2026/2027 TO 2030/2031
INTENT MEETING: MAY 14, 2026
PUBLIC HEARING: JULY 9,2026
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
539

ENGINEER'S REPORT AFFIDAVIT
City of Palm Desert
Presidents’ Plaza III
Property and Business Improvement District
Renewal of the District and Annual Assessments
City of Palm Desert
Riverside County, State of California
This Report describes the District and the proposed improvements, budget, method of assessment apportionment, and the parcels to be assessed commencing in Fiscal Year 2026/2027 for a period of five (5) fiscal years, as they exist at the time of the adoption of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the boundaries and dimensions of the parcels within the District. The undersigned respectfully submits this Report as directed by the City Council.

Dated this ____________ day of ______________, 2026.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Palm Desert
By: ________________________________
Stacee Reynolds
Principal Consultant
By: ________________________________
Tyrone Peter
R. C. E. # C81888
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TABLE OF CONTENTS
INTRODUCTION ..................................................................................................................................... 1 PART I — DISTRICT RENEWAL PROCESS............................................................................................... 3 ASSESSMENT COLLECTION ............................................................................................................... 3 PART II — DESCRIPTION OF THE DISTRICT ............................................................................................ 4 DISTRICT BOUNDARY........................................................................................................................ 4 IMPROVEMENTS AND ACTIVITIES ....................................................................................................... 4 PART III — BENEFITS OF THE IMPROVEMENTS AND ACTIVITIES............................................................... 5 SPECIAL BENEFIT ............................................................................................................................. 5 GENERAL BENEFIT............................................................................................................................ 6 PART IV — METHOD OF APPORTIONMENT............................................................................................. 7 METHOD OF APPORTIONMENT RATIONALE......................................................................................... 7 PARKING LOT IMPROVEMENTS AND SERVICES ................................................................................... 7 METHOD OF APPORTIONMENT CALCULATIONS................................................................................... 7 APPORTIONMENT OF DIRECT COSTS ................................................................................................. 7 APPORTIONMENT OF INDIRECT (ADMINISTRATION/RESERVE) COSTS .................................................. 8 TOTAL ANNUAL ASSESSMENT ........................................................................................................... 8 ANNUAL BUDGET ADJUSTMENTS....................................................................................................... 9 PART V — DISTRICT BUDGET ............................................................................................................. 10 Description of Budget Items.......................................................................................................... 11 DIRECT BENEFIT COSTS ................................................................................................................. 11 INDIRECT BENEFIT COSTS (ADMINISTRATION/RESERVES) ................................................................ 11 LEVY BREAKDOWN ......................................................................................................................... 12 DISTRICT STATISTICS ..................................................................................................................... 12 PART VI — ASSESSMENT DIAGRAM .................................................................................................... 13 PART VII — ASSESSMENT ROLL ......................................................................................................... 15 541
2026/2027 President’s Plaza III Property and Business Improvement District Page 1

INTRODUCTION
The City of Palm Desert (“City”) formed and established the President’s Plaza III Property and Business Improvement Assessment District (“District”) beginning in Fiscal Year 2001/2002 to provide improvements and activities that confer special benefits upon real property within the boundaries of the District. The District was established and levied pursuant to the Property and Business Improvement District Law of 1994 (Part 7 of Division 18, commencing with Section 36600, of the California Streets and Highways Code) (“Act”). Pursuant to the Act, property owners within the District submitted a signed petition requesting formation of the District. The District was successfully formed for a term of five years and a maximum assessment was approved by the property owners through an assessment ballot proceeding, conducted according to provisions of the California Constitution Article XIII D (“Proposition 218”). Fiscal Year 2025/2026 is the fifth year of the current term of the District. Under the provisions of the Act, the property owners within the District may renew the District for a term not to exceed ten (10) years. Since the District’s establishment, it has been renewed four (4) times.

Property owners within the District have submitted signed petitions requesting the renewal of the District for an additional five-year term. These petitions will be considered by the City Council as part of the proceedings for the renewal of the District pursuant to the Act.

Pursuant to the Act and Article XIII D of the California Constitution, the property owners within the District may approve the continuation of the District and the levy of assessments for an additional five-year period, subject to the required public hearing and assessment ballot proceedings.

The proposed renewal term for the District is five (5) years, commencing Fiscal Year 2026/2027 and continuing through Fiscal Year 2030/2031, during which time the improvements and activities described in this Report will continue without interruption. Services and activities will be provided beginning in Fiscal Year 2026/2027 and will continue on an ongoing basis throughout the five (5) year renewal term, concluding at the end of Fiscal Year 2030/2031.

This combined Management District Plan and Engineer’s Report (“Plan” or “Report”) is presented for consideration by the property owners within the President’s Plaza III Property and Business Improvement District (“District” or “PBID III”), to seek their support for the renewal of the District in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq. (the “Act”). This Management District Plan is required by Section 36622 of the Act for the proposed renewal of the District, to fund services and activities that improve and convey special benefits to properties located within the District boundaries, as described in Part II of this Report.

This Report describes the District, improvements and activities, method of apportionment, the proposed assessments for the current fiscal year, and the maximum assessment proposed for the five-year renewal term. The proposed assessments are based on the estimated cost to provide the improvements, activities, and operations that provide a direct and special benefit to properties within the District. The costs of improvements, activities, and operations include all expenditures, deficits, surpluses, revenues, and reserves.

The word “property,” for the purposes of this Plan, refers to real property situated within the District, and identified as an individual property or parcel assigned its own Assessor’s Parcel Number (APN) by the County of Riverside Assessor’s Office. The County of Riverside Auditor/Controller uses APNs to identify parcels on the tax roll and properties assessed for taxes, special assessments, and fees and charges.

This Report consists of seven (7) parts.
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2026/2027 President’s Plaza III Property and Business Improvement District Page 2 Part I
District Renewal Process: Describes the procedures required for the renewal of the District, including the submission of petitions by property owners, adoption of the Resolution of Intention, noticing requirements, public hearing, and assessment ballot proceedings conducted in accordance with the Property and Business Improvement District Law of 1994 and Article XIII D of the California Constitution.

Part II
Description of the District: Identifies the District boundaries and parcels included within the President’s Plaza III Property and Business Improvement District and describes the improvements and activities to be funded through the District.

Part III
Special Benefits of the Improvements and Activities: Describes the specific and distinct special benefits conferred upon properties within the District as a result of the improvements and activities funded through the assessments.

Part IV
Method of Apportionment: Explains how the costs of the improvements and services are distributed among the parcels within the District based on each parcel’s proportional special benefit, including the calculation of direct and indirect costs.

Part V
District Budget: Provides the estimated costs of improvements, activities, and services, including direct and indirect costs, and establishes the basis for the annual assessments.

Part VI
District Diagram: Provides a diagram showing the exterior boundaries of the District and identifying all parcels that receive special benefit from the improvements and activities.

Part VII
Assessment Roll: Provides a listing of the proposed assessment amount for each parcel within the District based on the proportional special benefit.
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2026/2027 President’s Plaza III Property and Business Improvement District Page 3 PART I — DISTRICT RENEWAL PROCESS
A written petition of the property owners within the District, representing more than fifty percent (50%) of the proposed assessment to be levied was submitted to the Palm Desert City Council to initiate renewal proceedings. The City Council initiated proceedings for the renewal of the District by adopting a resolution expressing its intention to renew the District. The resolution of intention referenced the Engineer’s Report and the Management District Plan and noticed the time and place of a public hearing on the renewal of the District and levy of assessments.

The City Council is required to hold a public hearing not less than forty-five (45) days after adopting the resolution of intention. Property owners are sent notice of the public hearing and assessment ballot proceedings in accordance with Government Code Section 53753, as required by Streets and Highways Code Section 36623(a). Public notices and assessment ballots (property owner protest ballots) are mailed to each property owner at least 45 days prior to the public hearing pursuant to Article XIII D of the California Constitution.

At the public hearing the City Council provides the public and property owners an opportunity to provide oral protests and written protests prior to the adoption of the Engineer’s Report and the Management District Plan. Pursuant to the California Constitution Article XIII D, the City Clerk or its designated alternate tabulates the property owner assessment ballots received from property owners and determines whether a majority protest exists.

ASSESSMENT COLLECTION
Assessments levied pursuant to this Management District Plan shall be collected by the County of Riverside on the secured property tax roll and shall be due and payable in the same manner and at the same time as the ad valorem property taxes. The County may deduct its reasonable costs of collection. Assessments shall be subject to the same penalties, interest, and foreclosure procedures in the event of delinquency as general property taxes. The levy and collection of assessments are made in accordance with the Property and Business Improvement District Law of 1994, including Streets and Highways Code Section 36622(g), and Article XIII D of the California Constitution. 544
2026/2027 President’s Plaza III Property and Business Improvement District Page 4 PART II — DESCRIPTION OF THE DISTRICT

DISTRICT BOUNDARY
The District consists of all parcels located in the commercial business area known as the President’s Plaza III within the City of Palm Desert, County of Riverside. The District includes sixteen (16) assessed commercial parcels.

The boundary of the District and the parcels therein are generally located South of Palm Desert Drive at Highway 111; North of El Paseo; West of Sage Lane; and East of Old Highway 74 and includes the Palm Desert Parking Lot – a lease parcel to the City of Palm Desert located South of Highway 111; East of New Highway 74; and West of Old Highway 74.

IMPROVEMENTS AND ACTIVITIES
In an effort to enhance and improve business opportunities and the appearance of the area known as the President’s Plaza III, the Agency provided funds for the renovation and capital improvement of the parking lot and landscaped areas related to this commercial business center. In conjunction with this renovation, President’s Plaza III Property and Business Improvement District was initially formed in 2001 and renewed every subsequent five-year period after the date of formation, to provide and ensure the continued operation and maintenance of the improvements after the renovations had been completed. It has been determined that all the properties within the District receive special and distinct benefits from the improvements and activities to be funded through the assessments. The improvements include the necessary activities, services, operations, administration, and maintenance required to keep the improvements in satisfactory condition including all necessary labor, material, and equipment. The services may include, but are not limited to, regular maintenance, repair, removal or replacement of all or any part of the improvements including removal of trimmings, rubbish, debris and other solid waste; and, providing for the growth, health and beauty of landscaping and lighting including cultivation, trimming, spraying, fertilizing or treating for disease or damage as well as supplying necessary irrigation and electrical energy. The specific improvements and activities include:
w Parking lot landscaped areas: including, but not limited to, ground cover, shrubs, trees, plants, irrigation and drainage systems, and associated appurtenant facilities; w Parking lot lighting facilities: including, but not limited to, bulbs, fixtures, poles, wiring, and electrical energy; and,
w Debris removal: including, but not limited to, regular mechanical sweeping of the parking lot.

The costs associated with the improvements are equitably apportioned among the benefiting parcels within the District utilizing the method of apportionment described in the Method of Apportionment section of this Report. The total funds collected shall be dispersed and used for the services and operations provided to the District.
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2026/2027 President’s Plaza III Property and Business Improvement District Page 5 PART III — BENEFITS OF THE IMPROVEMENTS AND ACTIVITIES

SPECIAL BENEFIT
The improvements and activities funded through the District are designed to provide direct and particular benefits to the parcels within the District. These improvements, including parking lot lighting, landscaping, and sweeping services, are located within and serve the District and are necessary for the operation, accessibility, and functionality of the properties. Such benefits are directly related to the use and operation of the assessed parcels and are not provided to properties outside the District in a manner that would confer comparable special benefit.

Assessed properties within the District receive special benefits from the improvements and activities funded through the District assessments, including lighting and landscaping amenities within the parking lot and regular sweeping of the parking lot.

The special benefits of lighting (parking lot lights) include enhanced safety, visibility, and usability of the parking area, which directly benefit the properties within the District. Specifically:

1. Enhanced deterrence of crime and the aid to police protection;

2. Increased nighttime safety for patrons and employees;

3. Improved visibility for pedestrians and motorists;

4. Improved ingress and egress to property;

5. Reduced vandalism and other criminal acts and damage to improvements or property;

6. Enhanced aesthetic appeal of the parking area and the properties that are associated with the parking area;

7. Increased promotion of business activities and opportunities during nighttime hours; and,

8. The special enhancement to the value of property, which results from the above benefits.

The benefits associated with landscaped islands and medians within the parking lot are specifically:

1. Improved aesthetic appeal of the parking area and nearby parcels;

2. Improved dust control;

3. Enhanced adaptation of the urban environment within the natural environment;

4. Improved traffic circulation;

5. A positive representation of the businesses within the District;

6. Centralized locations for refuse collection facilities; and,

7. The special enhancement to the value of property, which results from the above benefits.

Parking lot sweeping is an essential and necessary activity for all properties—particularly commercial properties. This improvement is funded through the assessments solely for the special benefit of properties within the District. The benefits associated with this service are:

1. Enhanced aesthetic appeal of the parking area and the properties that are associated with the parking area;

2. Improved dust control; and,

3. The special enhancement to the value of property, which results from the above benefits. 546
2026/2027 President’s Plaza III Property and Business Improvement District Page 6 The improvements and activities funded through the District are determined to provide approximately ninety-six percent (96%) special benefit to the parcels within the District, with the remaining portion of benefit attributed to incidental general benefit as described below.

The Engineer has determined that the assessments are proportional to, and do not exceed, the reasonable cost of the proportional special benefit conferred on each parcel..

GENERAL BENEFIT
While the improvements and activities funded through the District are intended to provide direct and special benefits to the parcels within the District, certain improvements may also provide incidental general benefits to the public at large and to properties outside the District boundaries.

The improvements are located within a privately owned commercial area and are primarily designed to support tenant operations, customer access, and property functionality. As such, the benefits are predominantly site-specific and directly related to the assessed parcels.

However, certain improvements, such as lighting and parking lot maintenance, may provide limited incidental benefits to members of the public accessing or passing through the area, including improved visibility, safety, and circulation. These benefits are secondary in nature and are not the primary purpose of the improvements.

The general benefit estimate is based on the nature, location, and use of the improvements, including their visibility and accessibility to the public, and reflects a reasonable determination of incidental benefit in accordance with Article XIII D of the California Constitution.

Based on the nature, location, and use of the District improvements, the general benefit is considered de minimis and is estimated at approximately four percent (4%) of the total benefit, with the remaining ninety-six percent (96%) representing special benefit to the parcels within the District.

The portion of costs associated with general benefit will not be assessed to the parcels within the District and shall be funded by the City from other available revenue sources. No assessment is imposed for general benefit, and all assessments are levied solely for the special benefit conferred on the parcels within the District.
547
2026/2027 President’s Plaza III Property and Business Improvement District Page 7 PART IV — METHOD OF APPORTIONMENT

METHOD OF APPORTIONMENT RATIONALE
The costs of the District improvements have been apportioned using a method that fairly distributes the total amount to be assessed among all assessed parcels in proportion to the estimated special benefits received by each parcel from the improvements. Parcel size (square footage) is the most appropriate basis for apportionment because the level of benefit derived from the improvements and activities is directly proportional to the size and intensity of use of each parcel within the District.

Accordingly, each parcel’s assessment reflects its proportional share of the special benefit and does not exceed the reasonable cost of that proportional special benefit.

PARKING LOT IMPROVEMENTS AND SERVICES
All assessed parcels within the President’s Plaza III PBID have use of, and access to, a centralized parking facility (lot) that provides access, parking, and delivery areas for the businesses and parcels within the District. Because the parking area is a centralized facility used and accessed by all properties within the District, each parcel’s benefit is proportional to the size and use of such parcel.

Therefore, it has been determined that a fair and reasonable reflection of each parcel’s benefit for the parking lot improvements shall be based on the approximate size, in square feet, of each parcel.

METHOD OF APPORTIONMENT CALCULATIONS
The total direct costs of the parking lot improvements and services are apportioned to each parcel within the District based on each parcel’s lot size in square feet. In addition to a parcel’s total direct cost, each parcel is assessed for District administration expenses and a reserve fund collection (indirect costs). The indirect costs for each parcel have been apportioned in the same manner as total direct costs. Therefore, each parcel’s total annual assessment is the sum of its proportionate share of the total direct costs and total indirect costs. Indirect costs are necessary to administer and support the improvements and activities that provide special benefit and are therefore allocated in the same proportion as direct costs.

APPORTIONMENT OF DIRECT COSTS
The total direct costs estimated for parking lot improvements and services (maintenance) are based on the estimated annual costs to maintain the landscaping, lighting, and mechanical sweeping of the parking lot for all parcels within the District. The total direct costs are divided by the sum of the square footage of all parcels within the District to establish a per parcel square foot rate. This rate multiplied by each parcel’s square footage equals their parcel’s proportionate share of the total direct costs (rounded to the nearest even penny). The rate provided in Table 1 is the first year of the proposed renewal for the District’s five (5) year renewal, commencing with Fiscal Year 2026/2027. Please refer to the District’s Five-Year Budget (Table 4) for all future proposed assessment rates through Fiscal Year 2030/2031.

Total Direct Cost / Total Square Footage = Rate per Square Foot Rate x Parcel Square Footage = Direct Cost Assessment Component 548
2026/2027 President’s Plaza III Property and Business Improvement District Page 8 Table 1: Direct Cost Proposed Assessment and Rate
Proposed Direct
Costs for FY 2026-
2027
Proposed Rate
(per Square Foot)
for FY 2026-2027
Total
Square
Footage
First Fiscal Year Maximum $95,520 $0.2104 453,956
Note: The direct and indirect cost amounts shown in Tables 1 through 3 reflect only the portion of total District costs attributable to special benefit (96%). The remaining four percent (4%) of costs associated with general benefit are funded by the City and are not included in the assessment calculations.

APPORTIONMENT OF INDIRECT (ADMINISTRATION/RESERVE) COSTS To ensure the continued implementation of improvements, activities, and services funded through the District, each parcel will be assessed for administrative and reserve costs (indirect costs). These indirect costs include expenses associated with District administration, County administration, insurance, and annual mandatory contributions to reserve funds. The reserve fund contributions consist of a fixed annual transfer of $1,000 to the operating reserve fund and $6,200 to the parking lot maintenance fund. In Fiscal Year 2026/2027, total indirect costs represent approximately 14.1% of the total District costs, while total direct costs represent approximately 85.9% of the total District costs. Assessment rates reflect only the portion of these costs attributable to special benefit (96%), with the remaining 4% funded by the City as general benefit.

Similar to the method of apportionment for total direct costs, the District’s indirect costs are apportioned to each parcel based on each parcel’s lot size in square feet. The rate provided in Table 2 is for Fiscal Year 2026/2027 only. Please refer to the District Budget (Table 4) for future assessment rates.

Total Indirect Cost / Total Square Footage = Rate per Square Foot Rate x Parcel Square Footage = Indirect Cost Assessment Component Table 2: Indirect Cost Proposed Assessment and Rate
Proposed Indirect
Costs for FY 2026-27
Proposed Rate
(per Square Foot)
for FY 2026-2027
Total Square
Footage
First Fiscal Year Maximum $15,699 $0.0346 453,956

TOTAL ANNUAL ASSESSMENT
Each parcel’s Total Annual Assessment is the sum of their proportionate share of the Direct Costs and indirect costs. The preceding description of the method of apportionment outlines the estimated cost and rates applied for the District in Fiscal Year 2026/2027. The rate provided in Table 3 is for Fiscal Year 2026/2027 only. Please refer to the District Budget (Table 4) for future assessment rates.

Direct Cost Rate + Indirect Cost Rate = Total Rate per Square Foot Total Rate x Parcel Square Footage = Total Parcel Assessment 549
2026/2027 President’s Plaza III Property and Business Improvement District Page 9 Table 3: Total Cost Proposed Assessment and Rate
First Fiscal Year Proposed Direct
Costs for FY 2026-27
Proposed Rate (per Square
Foot) for FY 2026-27
Direct Costs Maximum $95,520 $0.2104
Indirect Costs $15,699 $0.0346
Total Costs Maximum $111,219 $0.2450
Note: Total square footage as shown in Table 1 and 2 is 453,956.

ANNUAL BUDGET ADJUSTMENTS
For the five-year term of the PBID III renewal, annual assessments may be adjusted by the President’s Plaza III PBID owners’ association by up to three percent (3%) per year. Actual annual adjustments may range from zero percent (0%) to three percent (3%) and may vary from year to year based on service needs identified by the owners’ association. In no event shall assessments exceed the maximum levels illustrated in the District Budget (Table 4).

Any annual budget surplus or deficit shall be carried forward into District’s following year’s budget.

Assessments will be set accordingly, within the allowable annual adjustment, to account for any prior year surplus or deficit.
550
2026/2027 President’s Plaza III Property and Business Improvement District Page 10 PART V — DISTRICT BUDGET
The District Budget shown in Table 4 lists the estimated costs of providing the various improvements and services within the District during the five (5) year renewal period. The costs and resulting assessment rates for Fiscal Years 2026/2027 through 2030/2031 are based on the estimated costs to provide the improvements and services for each fiscal year. Direct costs, District and County administration costs, and insurance costs may be adjusted annually by up to three percent (3%) to account for inflation, consistent with the annual adjustment described in Part IV of this Report.

The owners’ association, appointed by the City Council, may review the District costs on an annual basis and provide input regarding potential changes or adjustments to the budget. Changes to the budget may result in adjustments to the annual assessment; however, in no event shall the total assessment exceed the maximum rates established in this Report without first obtaining property owner approval through assessment ballots.

Table 4: Five Year Budget
Actual Proposed
Assessment
Budget Item FY 2026-2027 (1) 2026-2027 2027-2028 2028-2029 2029-2030 2030-2031 Direct Costs
Landscape Contract Maintenance $46,000 $46,000 $47,380 $48,801 $50,265 $51,773 Sweeping Services 7,000 7,000 7,210 7,426 7,649 7,879
Landscape Extras (Materials/Special Maintenance) 30,000 30,000 30,900 31,827 32,782 33,765 Landscape Utilities - Water/Electrical 4,000 4,000 4,120 4,244 4,371 4,502 Street Lighting Utilities - Electric 12,500 12,500 12,875 13,261 13,659 14,069 Less: General Benefit Contribution (City Contribution) -3,980 -3,980 -4,099 -4,222 -4,349 -4,480 Subtotal Direct Costs $95,520 $95,520 $98,386 $101,337 $104,377 $107,509 Indirect Costs
District Administration $6,327 $6,327 $6,517 $6,712 $6,913 $7,121 County Administration 117 117 121 125 128 132
Operating Reserve Fund Collection 1,000 1,000 1,000 1,000 1,000 1,000 Parking Lot Maintenance Fund Collection 6,200 6,200 6,200 6,200 6,200 6,200 Insurance 2,709 2,709 2,790 2,874 2,960 3,049
Less: General Benefit Contribution (City Contribution) -654 -654 -665 -676 -688 -700 Subtotal Indirect Costs $15,699 $15,699 $15,963 $16,234 $16,514 $16,802 Levy Breakdown
Total Costs $115,853 $115,853 $119,113 $122,470 $125,928 $129,490 Less: General Benefit Contribution (City Contribution) -4,634 -4,634 -4,765 -4,899 -5,037 -5,180 Balance to Levy $111,219 $111,219 $114,348 $117,572 $120,891 $124,311 District Statistics
Total Parcels 16 16 16 16 16 16
Total Parcels To Levy 16 16 16 16 16 16
Total Parcels Square Footage 453,956 453,956 453,956 453,956 453,956 453,956 Levy Rate per Direct Costs per Sq Ft $0.2104 $0.2104 $0.2168 $0.2232 $0.2300 $0.2368 Levy Rate per Indirect Costs per Sq Ft $0.0346 $0.0346 $0.0352 $0.0358 $0.0364 $0.0370 Total Levy Rate per Square Foot $0.2450 $0.2450 $0.2518 $0.2590 $0.2664 $0.2738 Operating Reserve Fund Balance
Previous Balance $18,066 $18,066 $19,066 $20,066 $21,066 $22,066 Transfer In 1,000 1,000 1,000 1,000 1,000 1,000
Ending Balance $19,066 $19,066 $20,066 $21,066 $22,066 $23,066 Parking Lot Maintenance Fund Balance
Previous Balance $103,942 $103,942 $110,142 $116,342 $122,542 $128,742 Transfer In 6,200 6,200 6,200 6,200 6,200 6,200
Ending Balance $110,142 $110,142 $116,342 $122,542 $128,742 $134,942 Sources: City of Palm Desert; Willdan Financial Services Maximum Proposed Assessment for Fiscal Years
Maximum annual assessments for direct costs, district and county administration, and insurance are adjusted by 3% from the previous Fiscal Year for Fiscal Years 2026-2027 through 2030-2031. The PBID Advisory Board will determine the amount of any actual increase for those years which may not exceed 3% per year. (1) FY 2026-2027 Actual and Maximum Proposed Assessments are the same. 551
2026/2027 President’s Plaza III Property and Business Improvement District Page 11 Description of Budget Items

DIRECT BENEFIT COSTS
Landscape Contract Maintenance: Includes all regularly scheduled labor, materials (e.g., pipe, fertilizer, insecticides), and equipment required to properly maintain and ensure the satisfactory condition of all landscaping, irrigation, drainage systems, and appurtenant facilities. This includes routine maintenance and upkeep of landscaped and hardscape areas, including cleaning and sweeping of parking and common areas. The frequency and specific maintenance and operations required within the District will be determined by City staff.

Sweeping Services: Includes routine cleaning and sweeping of parking and common areas within the District to remove debris, trash, and sediment and to maintain a clean and safe environment.

Landscape Extras (Materials/Special Maintenance): Includes non-routine or supplemental maintenance activities, materials, and services necessary to maintain landscaping and related improvements, including repair or replacement of damaged landscaping, irrigation systems, and related infrastructure due to vandalism, weather, or wear, as well as planned upgrades or rehabilitation efforts.

Landscape Utilities - Water/Electricity: Includes the cost of water and electricity required for the operation of irrigation systems and other landscape-related improvements within the District.

Street Lighting Utilities - Electric: The furnishing of electricity required for the operation of lighting facilities, as well as routine maintenance and bulb replacement. This also includes repair or replacement of damaged lighting infrastructure due to vandalism, accidents, or storms, and periodic upgrades or replacement of lighting materials as needed.

INDIRECT BENEFIT COSTS (ADMINISTRATION/RESERVES)
District Administration: The cost borne to all City departments and staff, for providing the coordination of District services, operations and maintenance of the District. Including the response to public concerns and education, and procedures associated with the levy and collection of assessments. As well as contracting with professionals to provide additional administrative, legal, or engineering services specific to the District.

County Administration Fee: This is the actual total cost to the District for the County to collect District assessments on the property tax bills. This charge is based on a flat rate per fund number and not on a per assessment basis.

County Per Parcel Fee: This is the cost to the District for the County to collect assessments on the property tax bills. This charge is on a per assessment basis, at $0.45 per assessment, and is in addition to the County Administration Fee.

Operating Reserve Fund Collection: The Operating Reserve Fund provides for the collection of funds necessary to operate the District during each fiscal year, specifically for the period from July 1 through January when the County remits the first installment of assessments collected through property tax bills. This fund eliminates the need for the City to advance funds from non-District accounts to cover District expenses during the first half of the fiscal year. The Operating Reserve Fund may also be used to offset unforeseen costs, including but not limited to repairs, legal expenses, revenue shortfalls, or cost increases resulting from inflation or contractual obligations.

The annual Operating Reserve Fund Collection is established as a fixed contribution of $1,000, which represents approximately 0.86% of the total costs for Fiscal Year 2026/2027. 552
2026/2027 President’s Plaza III Property and Business Improvement District Page 12 Parking Lot Maintenance Fund Collection: The Parking Lot Maintenance Fund provides for the accumulation of funds to finance the sealing, re-striping, and repair of the parking lot, anticipated to occur after the fourth year of the District’s renewal term. The parking lot has an estimated total surface area of approximately 184,000 square feet.

In 2025, the District completed asphalt rehabilitation, sealing, striping, and related improvements to enhance the condition and functionality of the shared parking facilities. These improvements addressed maintenance needs and improved safety, circulation, and overall site conditions. The work totaled approximately $139,000, representing a significant investment in the District.

In addition, the City is currently implementing targeted upgrades within the District, including concrete repairs, landscape enhancements, and lighting improvements to address ongoing maintenance needs. These improvements, together with prior work and reserve replenishment, represent a total City investment of approximately $365,000.

These costs are provided for reference purposes only. Actual future costs are expected to be higher due to inflation, changes in material and labor costs, and the inclusion of repair work.

To ensure adequate funding for future maintenance, the District will collect a fixed annual contribution of $6,200 toward the Parking Lot Maintenance Fund. Based on current funding levels and planned annual reserve contributions, the District is expected to maintain sufficient funding to support mediumterm capital maintenance needs, including similar asphalt improvements anticipated toward the latter portion of the five (5) year PBID III renewal term.

Insurance: This line item supports insurance costs for the operation of the District, including general liability, property, and other applicable coverages necessary to protect District improvements, activities, and operations.

LEVY BREAKDOWN
Total District Costs: This represents the combined total of all budgeted direct and indirect costs.

DISTRICT STATISTICS
Total Parcels: The total number of parcels within the District.

Total Parcels to Levy: The total number of parcels within the District that will be assessed. Nonassessed lots or parcels include easements, common areas, and parcels within the boundaries of the District that currently do not benefit from the improvements and which are not included in the Total Parcels to Levy.

Total Parcels Square Footage: This is the combined total of the assessed parcels’ square footage applied to each assessed parcel within the District.

Levy Rate per Direct Costs per Square Foot: This amount represents the Rate for Direct Costs being applied to each assessed parcel’s individual lot square footage. The Levy Rate per Direct Costs is the result of dividing the estimated Total direct costs for that year by the sum of the District’s Total Parcels Square Footage. The rate is calculated to four decimal places.

Levy Rate per Indirect Costs per Square Foot: This amount represents the Rate for Indirect costs being applied to each assessed parcel’s individual lot square footage. The Levy Rate per Indirect costs is the result of dividing the estimated Total Indirect costs for that year by the sum of the District’s Total Parcels Square Footage. The rate is calculated to four decimal places.

Total Levy Rate per Square Foot: This amount represents the Rate being applied to each assessed parcel’s individual lot square footage. The Levy Rate per Square Foot is the result of dividing the estimated Total District Costs for that year by the sum of the District’s Total Parcel Square Footage.

The rate is calculated to four decimal places.
553
2026/2027 President’s Plaza III Property and Business Improvement District Page 13 PART VI — ASSESSMENT DIAGRAM
The Assessment Diagram for the District is on the following page and is inclusive of all parcels identified on the County of Riverside Assessor’s Parcel Maps as Book 627, Page 192. The Assessment Diagram will be kept on file with the City Clerk of the City of Palm Desert. 554
2026/2027 President’s Plaza III Property and Business Improvement District Page 14 555
2026/2027 President’s Plaza III Property and Business Improvement District Page 15 PART VII — ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the County Assessor’s Map for the year in which this Report is prepared.

The Fiscal Year 2026/2027 Assessment Roll, which includes a listing of parcels assessed within this District, along with their assessment amounts, is shown in Table 5.

Maximum
Proposed
FY 2026/2027
1 627-192-006 11,000 $2,695.00 $2,695.00
2 627-192-009 10,933 2,678.59 2,678.59
3 627-192-014 33,940 8,315.30 8,315.30
4 627-192-020 11,980 2,935.10 2,935.10
5 627-192-021 11,958 2,929.71 2,929.71
6 627-192-022 11,936 2,924.32 2,924.32
7 627-192-023 11,814 2,894.43 2,894.43
8 627-192-024 35,741 8,756.55 8,756.55
9 627-192-033 43,560 10,672.20 10,672.20
10 627-192-034 45,738 11,205.81 11,205.81
11 627-192-035 46,173 11,312.39 11,312.39
12 627-192-036 17,424 4,268.88 4,268.88
13 627-192-037 34,848 8,537.76 8,537.76
14 627-192-038 44,431 10,885.60 10,885.60
15 627-192-039 21,932 5,373.34 5,373.34
16 627-192-040 60,548 14,834.26 14,834.26
Total 453,956 $111,219.22 $111,219.22
Note: Totals may not sum due to rounding.

Table 5: Assessment Roll
Source: Riverside County Secure Roll, Willdan Financial Services 73125 HIGHWAY 111
73040 EL PASEO
73080 EL PASEO
73155 HIGHWAY 111
73185 HIGHWAY 111
73180 EL PASEO
73190 EL PASEO ST
73200 EL PASEO
73241 HIGHWAY 111
73101 HIGHWAY 111
Proposed
Assessment for FY
2026/2027
73175 HIGHWAY 111

Assessor
Parcel
Number
Situs Address
73130 EL PASEO
Area
Square
Footage
73100 EL PASEO
73160 EL PASEO
73170 EL PASEO
73211 HIGHWAY 111
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City of Palm Desert Staff Report
Meeting Date: May 14, 2026
Prepared By: Erica Jimenez, Management Analyst II
Department: Public Works
Subject: Artist Selection for San Pablo Phase 2 Roundabout and Consideration of Second Installation at East Dinah Shore Drive Roundabout
Recommendation

1. Select an Artist proposal for the San Pablo Phase 2 Roundabout located on San Pablo Avenue at the east entrance to College of the Desert.

2. Award an Artist Agreement in the amount of $200,000 for design, fabrication, and delivery.

3. Authorize the City Attorney to make non-monetary changes.

4. Authorize the City Manager to execute the agreement and related documents.

5. Find the actions categorically exempt from CEQA .

Optional:

6. Provide staff direction regarding the placement of the second sculpture at the east Dinah Shore Drive Roundabout (Entrance of Dave Erwin Park).

Executive Summary
City Council is requested to select one of two finalist proposals for a public art installation at the San Pablo Phase 2 Roundabout, located on San Pablo Avenue at the east entrance to College of the Desert. The project continues the San Pablo corridor’s public art program established during Phase 1.

Following a competitive RFQ process that received 214 artist submissions, the Cultural Arts Committee identified Gordon Huether and DeWitt Godfrey as the two finalists. Committee scoring was highly competitive, with only a two-point difference between the proposals. Public outreach showed a clear preference for Gordon Huether’s proposal, which received 74.5 percent of responses.

Consistent with the Phase 1 approach, staff is also requesting City Council direction on whether to evaluate a potential second installation at the east Dinah Shore Drive roundabout near Gerald Ford Drive. If directed, staff would return with additional outreach, design considerations, and funding recommendations before any formal action.

Background
Phase 1 of the San Pablo Corridor Improvements established public art as a defining element of the corridor and led to the development of the San Pablo Public Art Development Plan, which identified priorities, themes, and locations for future installations. The Phase 1 roundabout project incorporated community engagement and resulted in strong public 557

Page 2 ends

participation and support, reinforcing the role of public art in enhancing corridor identity and placemaking.

During the Phase 1 selection process, City Council elected to install both finalist artworks, establishing a precedent for considering multiple installations where appropriate.

Phase 2 of the San Pablo Corridor Improvements advances the next segment of the corridor and continues the integration of public art at the roundabout located at the east entrance to College of the Desert. This phase supports corridor continuity, enhances visual character, and builds upon the community-supported approach established in Phase 1.

Analysis
On July 1, 2025, the City issued a Request for Qualifications (RFQ) for a signature public art installation at the San Pablo Phase 2 Roundabout and received 214 submissions. The Committee conducted a multi-step evaluation process, including initial screening, shortlist development, and finalist review.

On February 11, 2026, the Committee recommended two finalists for City Council consideration:
 Finalist 1: Gordon Huether – Cactus Blossom
The proposed sculpture draws inspiration from the saguaro cactus and reflects themes of resilience and growth within the desert environment. The design incorporates Corten steel elements arranged around a central blossom feature. The proposal emphasizes durability and lower long-term maintenance requirements. o Central element options include:
 Polished stainless-steel sphere
 Internally illuminated acrylic sphere
The proposal emphasizes durability, visibility, and low long-term maintenance requirements.
 Finalist 2: DeWitt Godfrey – Untitled
The proposed sculpture draws inspiration from desert trumpet flowers, including the Desert Bluebell, and incorporates abstract conic forms derived from natural geometric patterns. The design utilizes weathering steel and integrated lighting to function as a visual feature within the roundabout environment. The proposal emphasizes sculptural form and integrated lighting as a primary design feature.

The Committee evaluated the finalist proposals using a standardized scoring rubric that included conceptual design, materials and durability, fabrication approach, project timeline, budget, lighting, engineering, and maintenance considerations. DeWitt Godfrey received 284 points and Gordon Huether received 282 points, reflecting a two-point difference from the evaluation process. Based on this evaluation, the Committee recommended Finalist 1, Gordon Huether, while noting the close scoring reflects the strength of both proposals. 558

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Community Outreach
City staff conducted comprehensive public outreach, including online engagement, school participation, coordination with local arts organizations, social media outreach, and media coverage. Public input demonstrated a clear preference for Gordon Huether’s proposal, which received 74.5 percent of responses and 25.5 percent for DeWitt Godfrey. This feedback reflects strong community support for the selected concept and is consistent with the corridor’s design intent.

Appointed Body Recommendation
The Cultural Arts Committee (CAC) evaluated finalist proposals using a standardized scoring rubric that assessed criteria including conceptual design, project timeline, budget, materials and durability, fabrication approach, lighting, engineering, maintenance, and in-person maquette review.

The Committee’s scoring reflected a highly competitive field, with DeWitt Godfrey receiving 284 points and Gordon Huether receiving 282 points, a two-point difference. The next highestranked finalist trailed by 38 points, further reinforcing the strength of the top two proposals and the overall competitiveness of the selection process.

City Council Action Requested
San Pablo Phase 2 Sculpture Selection
City Council is requested to select one of the two finalist proposals for installation at the San Pablo Phase 2 Roundabout.

If Finalist 1, Gordon Huether, is selected, staff recommends the polished stainless-steel sphere option due to its lower long-term maintenance requirements and reduced operational complexity compared to the illuminated acrylic alternative.

Dinah Shore Roundabout Opportunity
Given the close scoring between the two finalists, staff recommends consideration of placing the second sculpture at the east Dinah Shore Drive roundabout near the entrance to Dave Erwin Park.

Staff requests City Council direction to:
 Evaluate the feasibility and placement of a second installation  Conduct targeted outreach with nearby residents and stakeholders  Coordinate with planned roundabout and streetscape improvements for Dave Erwin Park
Subject to City Council direction, staff would return with:
 Community outreach results
 Final layout and design recommendation
 Funding strategy and budget appropriation request
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Environmental Review
The proposed actions are categorically exempt pursuant to State CEQA Guidelines Section 15301 (Class 1 – Existing Facilities) and Section 15303 (Class 3 – New Construction or Conversion of Small Structures), as the installation of public art within an existing roadway roundabout constitutes a minor alteration of an existing public facility and the placement of a limited new structure with negligible or no expansion of use.

None of the exceptions to the use of categorical exemptions set forth in Section 15300.2 apply.

The project is not located in a particularly sensitive environment, does not involve unusual circumstances, will not result in cumulative impacts, is not located along a designated state scenic highway, is not included on any list of hazardous waste sites compiled pursuant to Government Code Section 65962.5, and does not involve any historical resources.

Additionally, the actions are exempt under the common sense exemption in State CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that there is no possibility the activity may have a significant effect on the environment. Therefore, no further environmental review is required.

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

Financial Impact
The approved FY 2025/26 Financial Plan and Capital Improvement Plan (CIP) include a budget totaling $811,094 in Arts in Public Places (AIPP) Capital Projects Account No. 4364650-4400100 for various public art projects. These funds are intended to cover artwork design, fabrication, delivery, and installation costs.

The San Pablo Phase 2 Roundabout artwork (primary project) is included within the existing CIP budget. Based on current commitments, approximately $31,024 remains available within the account.

The following table summarizes the budget and anticipated expenditures for the Art in Public Places Capital Projects Account:

Description Award Date Budget Expenses Balance
Arts in Public Places Fund (Acct.
4364650)
06/25/25 $811,094
Circular Dimensions – C50010 09/25/25 $150,000
Goldenvoice – C50400 01/22/26 $180,070
PD Link Phase 2 Artwork Pending $150,000
*San Pablo Corridor Phase 2 Artwork 05/14/26 $200,000
San Pablo Phase 2 Artwork Installation Pending $100,000 Subtotal $811,094 $780,070 $31,024
*Current request
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Page 5 ends

Attachments

1. Gordon Huether - Proposal

2. DeWitt Godfrey - Proposal

3. Draft Artwork Agreement

4. Optional Second Roundabout Location

5. Location Images: San Pablo Phase 2 Roundabout
561

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1. Site-Specific Property Interest
Does this item involve a project site or other identifiable real property? ☒ Yes
☐ No
If yes, identify the project site: Roundabout located on San Pablo Avenue at the east entrance to College of the Desert; Roundabout located at east Dinah Shore Drive near the entrance to Dave Erwin Park.

Councilmembers should consider whether they own, lease, or hold interests in real property within 1,000 feet of the project site. (Gov. Code § 87103(b); FPPC Reg. 18702.2).

2. SB 1439 / Gov. Code § 84308 Applicability (Campaign Contributions) Does this item involve a license, permit, other entitlement for use, or a contract or franchise agreement that is not competitively bid, a labor agreement, or a personal employment contract?
☒ Yes
☐ No
If yes, identify the parties: Gordon Huether and/or DeWitt Godfrey Councilmembers should review campaign contributions received within the prior 12 months from parties or participants to the proceeding and must not accept contributions over $500 from those parties for 12 months following the final decision. (Gov. Code § 84308). 562

CACTUS BLOSSOM, SAN PABLO ROUNDABOUT, PALM DESERT, CA
Gordon Huether Studio, January 22, 2026
707.255.5954 | www.gordonhuether.com | [email protected] ©GORDON HUETHER + PARTNERS 2026
563
Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 2 About Gordon Huether �� 4 Gordon Huether Studio �� 4 Statement of Interest ............................................................5 Project Goals & Objectives�� 6 History of Creativity ...............................................................7 Project Design Concept�� 8 Design Concept Narrative �� 11 Mood Board & Inspiration �� 13 Renderings �� 14 Project Execution �� 25 Materials + Maintenance Plan�� 29 Preliminary Proposal Budget �� 30 Preliminary Proposal Schedule + Milestones�� 31 Case Studies - Relevant Past Projects �� 32

TABLE OF CONTENTS
564
Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 3 I founded my studio in 1987 in the city of Napa, CA with a mission — to inspire the spirit of humanity by bringing beauty and meaning into the world through art. Storytelling and adding beauty to shared spaces has been my life’s work. I believe public art should do more than simply enhance a site. Truly successful art offers the viewer a fundamentally engaging experience, conveying a meaningful journey through the spirit and identity of its surroundings. By thoughtfully grounding an artwork in the unique cultural, environmental and historical context of its site and surroundings, I offer viewers a complex and intellectual experience, engaging them in an immersive story that deepens their connection to the art, the site and the world around them.

ABOUT THE ARTIST
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Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 4 At GHS, we focus on leaving a lasting impact on the world through the creation of large-scale, site specific, integrated art installations. Our dedicated team of in-house administrators, project managers, digital designers, engineers, fabricators and installers have decades of field-tested experience and expertise. We can handle multiple projects of any size and scope simultaneously, with the oversight necessary to ensure the fine details and continuity of message are present in each project, from start to finish.

GORDON HUETHER STUDIO
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Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 5

STATEMENT OF INTEREST
It is with great interest and excitement that I present my concept for your San Pablo Avenue Roundabout project. I am attracted to this unique opportunity to create a bold and highly visible sculpture, from a distance, serving as an iconic visual landmark for Palm Desert’s San Pablo Roundabout and a symbol of the corridor’s vibrant, design-forward evolution.

I believe that public art should do more than simply enhance a space or direct viewers through the site. Truly successful public art should create a transformative and emotionally engaging experience for the viewer, conveying a meaningful journey through the spirit, identity and culture of the site and its community.

Gordon Huether Studio delivers an outstanding level of innovative craftsmanship, problem solving and oversight to every project we create. The work I design is fabricated to the highest standards and is created to be permanent, durable and provide enduring quality with minimal maintenance.

I hope that my concept meets your desire for a dynamic symbol that embodies the magic of the beauty of the Palm Desert area.

Thank you for your consideration. It would be an honor to be selected for this project. 567
Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 6 GOALS + OBJECTIVES
Safety, Durability + Weather Resistance
• Adhere to safety standards and design for long-term durability with Corten steel to accommodate the extreme temperatures and winds
Quality + Craftsmanship
• Reflect the highest aesthetic standards, showcasing excellence in design Scale Appropriateness + Design
• Sculpture size is within the requirements for the roundabout and designed to look complete and engaging from every angle from a distance Driver Safety + Visibility
• Allows drivers and pedestrians clear sightlines through the roundabout without contributing to glare, or distracting drivers
Foundation + Security
• Footing locations will be located appropriately for the site requirements • The sculpture will be installed with a CA engineered “breakaway” design to allow sewer maintenance and meet traffic safety standards
• With the durable Corten legs and height of the sphere it will not attract theft and vandalism
Connection with Nature + Community
• A sculpture designed to bridge nature, community and the arts ©GORDON HUETHER + PARTNERS 2026
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Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 7

A HISTORY OF

CREATIVITY
A career dedicated to creating iconic and engaging installations • Sparking imagination and attracting viewers to new locations and rewarding their journey
• Presenting meaningful connections to the beauty of nature through a union of art in its surroundings
• Immersing viewers in the site’s spirit, culture and purpose Extensive experience with transportation projects and outdoor freestanding sculptures • Consulting Artist for $4.1 billion SLC Airport redevelopment • Created 12 major installations at SLC valued at more than $35 million • Dozens of transportation and civic projects of similar scale, scope and budget across the country
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Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 8

CACTUS BLOSSOM

SAN PABLO ROUNDABOUT

PALM DESERT, CA
DESIGN

PROPOSAL
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Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 9

CREATIVE PROCESS
My methodology for conceptualizing public art is centered on establishing a “narrative of place.” Understanding a setting is a vital part of the design development process and is essential to creating art that is engaging to all members of community. To ensure a meaningful experience for the viewer my approach includes a consideration of how the public will engage with the artwork and how the installation will be experienced from a variety of viewpoints and times of day and night, what materials and installations will optimize the space and budget and all relevant issues of accessibility, sustainability and conservation.

Exceptional public art should define the site and create a unique and meaningful journey through the spirit and identity of a community. 571
Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 10

SITE OPPORTUNITIES
• A beautiful natural environment with the roundabout as a dedicated place for a sculpture for passers-by to enjoy • Excellent visibility and potential to be seen from a variety of angles and viewpoints
• Located in a high-traffic, high energy area
• Prime location to dialogue with the mountains and palm trees • An ideal canvas for the naturally weathering Corten steel to complement the natural colors of the environment
• A site that enables the sky and trees to be reflected in the stainless steel sphere, or the changing colors in the acrylic sphere to softly glow in the twilight and nighttime hours
572
Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 11 Cactus Blossom
My proposal for Palm Desert’s San Pablo Roundabout looks to the desert landscape, finding inspiration in the Argentine saguaro cactus with its prickly spines and delicate blossom. This cactus, with its columnar shape and branching arms, is a frequent sight in the arid desert climate of the Coachella Valley. The cactus is a symbol of resilience and endurance, but also one of growth and enlightenment — its tough exterior hides a nourishing core, representing an outwardly expanding journey of transformation and beauty. The shape of the sculpture also references the nearby palm trees and surrounding mountainscape.

Our concept for Cactus Blossom is an abstraction of the saguaro’s hardy spines — seven 8” diameter “spines” fabricated in durable Corten steel. The spines, arranged in an abstract configuration guard a delicate “blossom,” expressed as a polished stainless-steel sphere, or alternatively, a translucent acrylic sphere lit from within with dynamic color-changing LED lighting. Additional uplighting will be added to enhance the sculpture’s presence for night viewing, as seen in our renderings.

Corten steel, also known as weathering steel, develops a durable, organic richly warm-colored patina as it ages, harmonizing the sculpture with the surrounding desert environment. We select materials for their durability and ease of maintenance, to weather the harshest environmental conditions with minimal maintenance requirements.

The sculpture is designed “in the round,” producing a strong visibility from 360-degrees of viewing.

We have designed the overall shape to be compatible with traffic, large in presence but with openings and transparency to adhere to safety requirements and line of sight from multiple angles.

With approximate dimensions of 26’ 10”L x 16’ 6”W x 17’H, Cactus Blossom will be bold and highly visible from a distance, serving as an iconic visual landmark for the San Pablo Roundabout and a symbol of the corridor’s vibrant, design-forward evolution.

CONCEPT NARRATIVE
©GORDON HUETHER + PARTNERS 2026
573
Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 12 Note: Materials, dimensions, fabrication techniques, site prep and installation details are for proposal purposes only, and may be subject to modification during design development and/or engineer review.

Each of the spines are situated to encompass the entire display site, while strategically avoiding interference to the sewer easement and required setbacks. There are seven (7) points of contact with the sculpture’s footings. If reason arose to remove the sculpture, it would be as simple as unbolting the legs from the attachments and lifting it from its display site with a crane.

We understand that safety is a priority with this project, and that the points of connection will need to be sufficiently designed as breakaways in the event of a vehicle collision. If awarded the project, we will work closely with City staff and our California structural engineer to ensure the appropriate safety accommodations are in place.

We hope that Cactus Blossom meets your needs for a highly visible landmark of Palm Desert’s enhanced San Pablo Roundabout. Large, but not overly so, and fabricated in durable, lowmaintenance materials, this sculpture will project a sense of endurance and longevity while protecting a delicate display of beauty and evolution.
• Inspired by the desert landscape: cactus spines and a delicate blossom • A symbol of resilience and transformation, embodying the corridor’s vibrant, designforward evolution • The sculpture’s shape references the palm trees and surrounding mountainscape • Corten steel, polished stainless-steel sphere or acrylic sphere with LED lighting • Seven 8” Diameter Corten spines protect a blossom represented by the sphere • Corten steel and stainless-steel are highly durable, low-maintenance materials • Corten is preferred over powder-coated metal and/or glass for extreme weather conditions • Designed “in the round” maximizing visibility while preserving line of sight • Situated to ensure sewer access and for ease of removal, if necessary • Will engineer to Palm Desert specifications, ensuring breakaway points for safety • Stunning views day and night making for a new icon at the San Pablo Roundabout ©GORDON HUETHER + PARTNERS 2026
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Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 13

MOODBOARD & INSPIRATION
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14 CACTUS BLOSSOM WITH STAINLESS STEEL SPHERE
©GORDON HUETHER + PARTNERS 2026
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15 ©GORDON HUETHER + PARTNERS 2026
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16 ©GORDON HUETHER + PARTNERS 2026
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17 ©GORDON HUETHER + PARTNERS 2026
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18 ©GORDON HUETHER + PARTNERS 2026
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19 ©GORDON HUETHER + PARTNERS 2026 ©GORDON HUETHER + PARTNERS 2026 581
20 ©GORDON HUETHER + PARTNERS 2026
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21 ©GORDON HUETHER + PARTNERS 2026
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22 CACTUS BLOSSOM WITH COLOR CHANGING SPHERE
©GORDON HUETHER + PARTNERS 2026
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23 ©GORDON HUETHER + PARTNERS 2026
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24 ©GORDON HUETHER + PARTNERS 2026
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Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 25

PROJECT

EXECUTION

FABRICATION PLAN
The sculpture will be fabricated in house following the requirements of engineered drawings from a California Licensed Engineer.

Corten steel pipes will be cut to size. Each pipe will be capped with Corten steel at the ends and welded to a base plate.

The pipes will be welded to plates and each other per the design and engineering specs.

The structure will be fully mocked up in the studio before crating and shipping to the installation site.

The artwork will be installed securely on site utilizing a breakaway system to allow lifting and moving with a crane if needed for access to the roundabout.

A mirror-polished, stainless-steel sphere or acrylic sphere will be mechanically fastened to the steel pipes. A color-changing LED light will be installed in the sphere if an acrylic sphere is selected.

Yellow dots indicate potential placement of sculpture footings to clear sewer area 588
Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 27 Note: Materials, dimensions, fabrication techniques, site prep and installation details are for proposal purposes only, and may be subject to modification during design development and/or engineer review. 589
Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 28 Note: Materials, dimensions, fabrication techniques, site prep and installation details are for proposal purposes only, and may be subject to modification during design development and/or engineer review.

Approximate Dimensions: 26’ 10” L x 18’ 6” W x 17’ H
590
Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 29

MATERIAL DESCRIPTION
+ MAINTENANCE PLAN
The majority of the sculpture will be fabricated with Corten steel, which is meant to weather. All the materials planned are durable in extreme weather. • Corten Steel Pipes + Plates
• Stainless-Steel Sphere, or alternatively, an Acrylic Sphere with color-changing LED lighting inside
• The specs for the concrete footings, anchor bolts, and breakaway installation system will be determined during the design development phase with California licensed engineers
• Uplight specs will be selected during design development also (see images below right)
All of our installations are designed to be resilient, safe and sustainable with a minimal amount of maintenance. Corten steel and stainless steel are well suited for outdoor use in severe weather conditions.

If the alternative acrylic sphere is chosen (see photo on right), it’s important to note the material is also highly durable and offers excellent weather and UV resistance.

For maintenance, occasionally spray with water, or brush with broom, to remove spider webs and bird droppings.

Note: Materials, dimensions, fabrication techniques, site prep and installation details are for proposal purposes only, and may be subject to modification during design development and/or engineer review. 591
Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 30 Artist Fee.................................................................................................................$10,000 Design Development ........................................................................................$20,000 Structural Engineering ......................................................................................$15,000 Materials and Fabrication..............................................................................$110,000 Project Management.........................................................................................$15,000 Transportation......................................................................................................$15,000 Installation Oversight ........................................................................................$15,000 TOTAL.......................................................................................... $200,000 Note: Costs are estimates only; all required permitting and surveys to be determined. Contingency, insurance, studio space, and other administrative costs are built into the overhead of the business, which are considered as a part of developing the above rates while job costing. Due to the fluctuation of costs, the budget provided is only valid for 60 days. After such time, if a contract is not yet executed, the design will need to be assessed for cost increases.

PRELIMINARY BUDGET
592
Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 31 Design Development Phase: renders, schematic drawings....................6-12 weeks Engineering / CD’s..................................................................................................6-12 weeks Material Procurement and Fabrication........................................................ 12-16 weeks Crating / Shipping.........................................................................................................5-7days Installation......................................................................................................................5-7 days Contingency................................................................................................................... 4 weeks TOTAL...................................................................................... 7.5-10.5 months PRELIMINARY TIMELINE + MILESTONES
Note: The estimated timeline does not account for delays caused by contract negotiations, client approvals, revisions, or timely payments of invoices. Artist must receive payment and written approval for each phase prior to beginning next phase. Such delays may cause greater delays in the project if the Artist has to move on to other projects that were scheduled for that timing.
593
Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 32

CASE STUDIES
594
Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 33

CIRCLE OF LIFE
Caesars Republic | Scottsdale, AZ | Stainless Steel, LED Lighting | 12’H x 12’W; Sphere 5’Diameter 605
Cactus Blossom – Roundabout, Palm Desert, CA © Gordon Huether + Partners, 2026 | 44 THANK YOU.
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Palm Desert - San. Pablo Rounda.bout RFP DeWitt Godfrey

2. Propesed Timeline
620
Palm Desert - San Pablo Roundabout
estimated schedule
From date of executed Contract
Design Development
Construction Documents/engineering
Fabrication
Shipping
Installation
60 days
30 days
150 days
30 days
10 days
621
Palm Desert - San Pablo Roundabout RFP

3. Itemized Project Budget Estimate
DeWitt Godfrey
622
Palm Desert - San Pablo Roundabout Estimated Budget - DeWitt Godfrey Budget Estimates NOTES
Artist Fee 40,000
Travel 4,500
Materials
Steel 21,250
Fasteners 4,000
Design & Engineering 25,000
Fabrication
Laser Cutting 9,350
Labor 25,500
Installation O]By City of Palm Desert
Infrastructure
Concrete 21,000
Dunnage 15,000
Lighting 8,400
Shipping/Trucking 18,000
Overhead/Administration/Project Management 8 ,000
TOTAL 200,000
200,000
623
Palm Desert - San Pablo Roundabout RFP

1. Conceptual Design Drawings/Renderings
a. Include artwork dimensions and proposed placement within the roundabout. b. Narrative
DeWitt Godfrey
Title (TBD) possibilities include: Campana, Campanada, Bel, Belle, Flor, Flos When naming my work I try to find a direct connection to the place, history, and context of the location My work is grounded in responding to the environment -the physical site, nature's abstract geometry, and community. The question of how my sculptures respond to our larger soci al, historical, and cultural contexts animates all my work.

Natural geometries and systems - plant spores, seashells, honeycombs - inspire my sculptures; and through my process of packing and stacking of conic and cylindrical steel forms, simple rules give rise to extraordinary complexity. The individual parts, of each sculpture, form a community of similar, yet distinct, dependent elements, which give shape to an aesthetic, structural, and material ecosystem. My working methods employ carefully conceived structural processes, which combine cutting-edge digital technologies with hands-on craftsmanship, all grounded in empirical knowledge and experimentation.

For the Sam Pablo Roundabout, my proposed work takes its structural and aesthetic cues from the Desert Bluebell and other species of desert trumpet flowers; rather than simply mimic forms of flowers, the packed conic forms that make up my work share the same underlying natural geometry, known as Voronoi shapes. These shapes and patterns are found across matter and material - from the cellular structure of plants, to snake skin, to soap bubbles,. While my work is abstract, its forms and idea are familiar. The interdisciplinary nature of my work - deeply rooted in the underlying geometry and mathematics of the natural world, the transformative nature of computational design, the role of research, and the history and context of each site, provides an experience in ways other artists and work cannot.

The proposed sculpture would create a dynamic landmark at the middle of the boulevard and entrance to the College of the Desert; massive in scale yet light and airy the cellular surface would create a beautiful interplay of light and shadow, enhanced both by natural daylight and through dramatic artificial lighting. My conical and undulating ribbon-like forms would imbue the space with a sense of movement and energy of the 21� century, inspiring awe, curiosity, and discovery. 624
Palm Desert - San Pablo Roundabout RFP

4. Material Description
� List all materials to be used and explain their durability in extreme weather.

DeWitt Godfrey
Sculpture is constructed of Weathering Steel (CorTen) sheet, fastened with stainless steel bolts, anchored to concrete foundation with stainless steel threaded rod and epoxy anchor system. The overall structural stability of the sculpture (material thickness, fastener size) provided by Engineer.

Steel
A6O6 and/or A588 Weathering Steel Alloy (Corten) varying thicknesses Fasteners
Cylinder construction and cylinder-to-cylinder attachment 316 SS Fully Threaded Hex Head Cap Screw, diameter and length vary; 316 stainless steel offers excellent corrosion resistance and may be mildly magnetic. Screws have a Class 2A thread fit, minimum Rockwell hardness of B7O, and minimum tensile strength of 70,000 psi. Dimensions meet ASME B18.2.1. Screw length is measured from under the head. 316 Stainless Steel Nylon-insert Hex Locknut, diameter and height vary; the nylon insert provides vibration resistance and prevents loosening-without damaging mating threads.

The construction methods utilized in "X" were developed over a 15-year period by the artist, in dozens of sculptures and installations, in widely varying locations, climates and conditions. The artist has found that when fabricated, installed and cared for properly the sculptures can be expected to perform as promised. With weathering steel alloys, it is important that water not be allowed to collect or pool on any surfaces; if the material can drain and dry, the corrosion resistant properties can be sustained. The artist has taken steps to mitigate water retention and corrosion. • The sculpture rests on plastic spacers, on top of concrete or foundation elements (pending final design and engineering) 625
Palm Desert - San Pablo Roundabout RFP
• Individual elements are angled away from horizontal and shed water DeWitt Godfrey
The sculpture will not be painted or coated. It is the artist recommendation that no coatings should be applied; this recommendation comes from the artist's own experience, conversations with sculptors and consultations with conservators.

Once applied, coatings must be maintained, all coatings will break down over time and require cleaning removal and recoating. Some coatings (epoxies, urethanes) adhere aggressively to the steel, and removing them can require destructive measures (sand blasting) which eats away the underlying steel. Even coatings that break down naturally (linseed oil and urethane mixtures) require removal before the sculpture can be recoated.

Weathering steel alloys, over time, develop a robust, corrosion resistant surface through repeated cycles of wetting and drying and should not need further protection; any coating will significantly change the appearance of the material If the owner determines that a coating is desirable or necessary, the artist recommends that the choice of coatings and its maintenance cycles be arrived at in consultation with an art conservator with the relevant experience; the artist can provide recommendations in this event

5. Fabrication Plan
a. Indicate whether you will self-fabricate the artwork or contract with a third party.

We do our own fabrication, assembly, project management, and installation. We have longstanding partnerships with a tight knit group of material suppliers, engineers and specialty fabricators (laser cutting, rigging, trucking, etc.).

6. Lighting Details (if applicable)
a. Include wattage, lumens, and color temperature of any proposed lighting.

I will contract with a local lighting designer to determine simple up-lighting scheme. In accordance with local ordinance and regulation regarding any dark-sky or lighting parameters (see images) 626
Palm Desert - San Pablo Roundabout RFP DeWitt Godfrey

7. Foundation Design
a. Provide a general explanation of the foundation concept and confirm your ability to have a California-licensed Professional Engineer review and approve the design and structural calculations and communicate with the local utility agency.

Foundation will consist of reinforced steel base bolted into concrete piers (or other as specified by engineer) steel base will bridge utilities exclusion zone. Sculpture and base will be entirely removable as required by RFP (see images)

8. Maintenance Plan
a. Describe any anticipated maintenance requirements and associated costs.

While the construction methods described above are designed to help prevent premature deterioration of the sculpture, without regular cleaning and maintenance they will be insufficient. To that end, here are the artist' s recommendations • The surfaces of the sculpture should be kept free of dirt and debris; the bottoms of the elements, space between bottom of elements and foundation and angular voids formed by the intersections of elements require diligent attention. Accumulated dirt and debris will hold moisture and promote premature corrosion • At suitable intervals (every 6 months) the above surfaces should be swept or dry brushed to remove debris. • At suitable interval (once per year) the sculpture should be pressure-wash ed to clear any impacted materials and debris.
• These intervals are suggested only, depending on local conditions the cleaning cycles may need to occur more or less frequently; consistent care will help prolong the life of the sculpture, deferred care may lead to premature deterioration 627
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1 72500.00001\44877365.1

CITY OF PALM DESERT

AGREEMENT FOR COMMISSION OF PUBLIC ART WORK
This Agreement for Commission of Public Art Work ("Agreement") is entered into on April 23, 2026, by and between the City of Palm Desert, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578 ("City"), and GORDON HUETHER + PARTNERS, INC., an SCorporation, with its principal place of business at 1821 Monticello Road, Napa California, 94558 ("Artist"). The City and the Artist are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

On April 23, 2026, City Council approved the award of this Agreement to the Artist above.

RECITALS

WHEREAS, pursuant to Chapter 4.10 of the Palm Desert Municipal Code, the City is implementing an art in public places program and imposing the related development fees; pursuant to City Council Ordinances 900 and 936 establishing the organization, objectives, and responsibilities of the Palm Desert Cultural Arts Committee (the "Committee"); and pursuant to the City's "Art In Public Places" guidelines; and
WHEREAS, the Artist is a recognized professional artist, and the City acknowledges sufficient familiarity with the style and quality of the Artist's work; and WHEREAS, the City desires for the Artist to create an original work of art entitled "Cactus Blossom" (the "Artwork") for placement at the roundabout on San Pablo Avenue and the eastern entrance to College of the Desert (the "Site"). The Artist's concept design (the "Proposal"), which is attached hereto as Exhibit "A", has been reviewed and approved by the City and is hereby made a part of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises set forth herein, the Parties agree to the following:

Section 1 SCOPE OF WORK

1.1 Artist’s Obligations
A. The Artist shall provide all machinery, equipment, supplies, items, parts, materials, labor or other services, including design and engineering services, necessary: to prepare and submit plans and specifications for installation of the Artwork, including, but not limited to, foundation and lighting plans; and for the design, fabrication, transportation, and oversight of the installation of the Artwork. The Artwork is more particularly described in Exhibit "A" attached 629
2 72500.00001\44877365.1
hereto and incorporated herein by reference. The Artwork 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.

B. The Artist shall determine the artistic expression, design, dimensions and materials of the Artwork, subject to review and acceptance by the City as set forth in this Agreement. To ensure that the Artwork as installed shall not interfere with the intended use of the Site or pedestrian and other traffic flow at the Site, the Artist’s proposal shall be reviewed and approved by the City and other applicable City staff such as the Public Works Department, City Engineer and Traffic Department.

C. The Artist shall not commence any Phase of the Artwork nor incur any expense in anticipation of commencing any Phase unless and until the City has given a Notice to Proceed with the specific Phase.

D. The Artist shall prepare the design concept and the corresponding budget described in Sections 1.3 and 1.5 of this Agreement. The design concept shall include a description of all materials and products utilized in the Artwork and the required routine care and upkeep involved.

E. The Artist shall complete the fabrication of the Artwork by the scheduled installation date as provided in Section 1.5(B)(i) of this Agreement.

F. The Artist shall arrange the transportation and installation of the Artwork in consultation with the City. If the Artist does not install the Artwork himself or herself, Artist shall supervise and approve the installation.

G. The Artist shall provide required insurance in amounts and limits specified in Section 14 .

H. To the extent applicable, the Artist shall provide a list of all subcontractors along with a copy of the agreement between the Artist and each subcontractor.

I. The Artist shall provide a maintenance manual with a description of all materials and products utilized in the Artwork and the required care and upkeep involved.

J. The Artist shall be available upon reasonable advance notice for all meetings, site visits, and Artwork dedication ceremonies as required by the City.

1.2 City’s Obligations

A. The City shall be responsible for providing the Artist, at no expense to the Artist, copies of existing designs, drawings, reports, list of required permits, and other 630
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existing relevant data, if any, which is needed by Artist in order to perform.

B. The City shall be responsible for compliance with all applicable laws and regulations, including but not limited to zoning or environmental regulations, and shall explain any limitations imposed by such laws and/or regulations to the Artist.

C. The City shall prepare the Site in accordance with the specifications detailed in the approved design concept in Section 1.3 of this Agreement. The City shall be responsible for all expenses relating to prepare the Site for the timely transportation and installation of the Artwork. The City shall complete the Site preparations by the scheduled installation date as provided in Section 1.5(B)(i) of this Agreement or shall contact the Artist in writing informing him or her of any delays.

D. The City shall provide and install a plaque on or near the Artwork containing a credit to the Artist and date of installation.

E. The City shall not permit any use of the Artist’s name or misuse of the Artwork which would reflect discredit on the Artist’s reputation as an artist or which would violate the spirit of the Artwork, should such use or misuse be within the City’s control.

F. The City shall be responsible for leading the Artist through the required review process. The City shall be responsible for organizing and scheduling review meetings with the Cultural Arts Committee and for providing the Artist written instructions for the materials required at such meetings.

1.3 Design Review Phase
A. Concept/Schematic
i. The Artist submitted a proposal (the “Design”) with an accompanying budget, pursuant to a call for entries organized for the procurement of an Artist to design and fabricate an Artwork suitable for the current project, which Design was selected and approved by the Cultural Arts Committee and the Palm Desert City Council. The Design and Budget shall be attached to this Agreement as Exhibit “A” and Exhibit “C” respectively.

B. Approval
i. Within thirty (30) days after the execution of this Agreement, the City shall notify the Artist if it requires any revisions to the Design in order to comply with any applicable laws, ordinances and/or regulations or for other reasons including, but not limited to, ensuring the physical integrity of the Artwork or its installation at the Site. If agreed upon by both 631
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parties, such revisions will become a part of the Design. ii. Once the City has reviewed the Design, the City will schedule the presentation of the Design to the Cultural Arts Committee (“CAC”). If the CAC require any revisions to the Design, the City will submit those in writing to the Artist. The Artist will have sixty (60) days to comply with such revisions. If agreed upon by both Parties, such revisions will become a part of the Design.
iii. If any changes to the Design made by the City or the CAC affect the cost of the work or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in price necessitated by such change will be agreed upon between the City and the Artist and such change will be authorized by a change order document signed by the City and accepted by the Artist.

1.4 Final Design Phase
A. The City shall issue a Notice to Proceed with the final Design. The Artist shall complete the Final Design Phase work within 90 calendar days of the Notice to Proceed date.

B. The Final Design Phase work shall include, but not be limited to the following:
i. Final/Construction Documents:
a. The Artist shall prepare structural drawings detailing every physical feature of the construction of the Artwork and its integration with the Site. These drawings shall indicate any risks involved in the construction, lighting, integration and maintenance of the Artwork. b. If requested by the City, the Artist shall present such drawings to a qualified engineer, licensed by the state and paid by the Artist, for certification that the Artwork will be of adequate structural integrity and the Artist shall provide the City with such certification.
c. The Artist shall consult with City staff and other parties identified by the City to ensure that the Artwork is in full compliance with this Agreement.
d. The Artist shall provide a plan and schedule for delivering the Artwork to the Site.

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A. Budget
i. The Artist shall prepare a budget, which shall include all goods, services and materials, with such costs itemized. The Budget shall be attached to this Agreement as Exhibit “C”.
ii. Calculation of the budget will take into consideration the possible inflation of service and material costs between the date of execution of this Agreement and the anticipated completion date.
iii. The Artist shall retain all original receipts pertaining directly to the project. iv. If the Artist incurs costs in excess of the amount listed in the budget, the Artist shall pay such excess from the Artist’s own funds unless the Artist previously obtained approval for such costs from the City (or such costs were the result of actions or inaction of the City).

B. Schedule
i. The Artist shall notify the City of the tentative schedule for the fabrication and installation of the Artwork, including a schedule for the submission of progress reports and inspections if any. The Schedule may be amended by written agreement.
ii. A schedule for the payment of budget installments is attached to this Agreement as Exhibit “D”.

1.6 Fabrication Phase
A. Upon completion of the Final Design Phase and approval of the final design of the Artwork by the City, the City will issue a Notice to Proceed with the Fabrication. The Artist shall commence the Fabrication and complete the Fabrication work within 160 calendar days from the Notice to Proceed date.

B. The Artist shall fabricate the Artwork in substantial conformity with the Design.

The Artist may not deviate from the approved design without written approval of the City.

C. The Artist shall take reasonable measures to protect or preserve the integrity of the Artwork such as the application of protective or anti-graffiti coatings. If the Artwork is being constructed on-site, the Artist shall avoid creating nuisance conditions arising out of the Artist’s operations. Prior to requesting authorization to transport and install the Artwork, the Artist shall be required to provide the City with a list of all workers or subcontractors and equipment to be used along with the hours of operation and the scope of work to be performed on site. All additional workers or subcontractors must provide proof of insurance, as 633
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specified in Section 14, prior to entering the site.

D. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof upon reasonable notice.

E. If the City, upon review of the Artwork, determines that the Artwork does not conform to the Design or Revised Design, the City reserves the right to notify the Artist in writing of the deficiencies.

F. The Artist will promptly cure the City’s objections and will notify the City in writing of completion of the cure. The City shall promptly review the Artwork. If the Artist disputes the City’s determination that the Artwork does not conform, the Artist shall promptly submit reasons in writing to the City within thirty (30) days of the City’s prior notification to the contrary. The City shall make reasonable efforts to resolve the dispute with the Artist in good faith. However, final determination as to whether the Artist has complied with the terms of this Agreement shall remain with the City.

G. The Artist shall notify the City in writing when fabrication of the Artwork has been completed, and that the Artwork is ready for delivery and installation at the Site if the Artwork was fabricated off-site.

H. The City shall inspect the Artwork within thirty (30) days after receiving notification pursuant to paragraph (G), prior to installation, to determine that the Artwork conforms with the Design and to give final approval of the Artwork. The City shall not unreasonably withhold final approval of the fabricated Artwork. In the event that the City does withhold final approval, the City shall submit the reasons for such disapproval in writing within thirty (30) days of examining the fabricated Artwork. The Artist shall then have thirty (30) days from the date of the City’s notice of the disapproval to make the necessary adjustments to the fabricated Artwork in accordance with such writing. The Artist shall not be penalized for any delay in the delivery and installation of the Artwork to the Site.

However, if the Artist has willfully and substantially deviated from the Design without the prior approval of the City, the Artist shall be held responsible for any expenses incurred in correcting such deviation.

I. The City shall promptly notify the Artist of any delays impacting installation of the Artwork. Any additional storage fees incurred as a result of such delays are the responsibility of the City. The Artist shall be required to inspect the Site prior to the transportation and installation of the Artwork and shall notify the City of any adverse Site conditions that will impact the installation of the Artwork which are in need of correction.

1.7 Installation Phase
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A. Upon the City’s final approval of the fabricated Artwork, as being in conformity with the Design, the City will issue a Notice to Proceed with the installation of the Artwork. The Artist shall deliver the completed Artwork to the Site in accordance with the schedule provided for in Section 1.5(B). Transportation fees shall be paid by the Artist.

B. Artist must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. Prior to delivery of the Artwork, the Artist shall notify the City in writing when fabrication of the Artwork is complete and Artist is ready for delivery of the Artwork to the Site.

C. The City is responsible for preparation of the Site and installation of the Artwork as required by the Artist's plans and specification for the installation of the Artwork.

D. The Artist will coordinate closely with the City to ascertain that the Site is prepared to receive the Artwork. The Artist must notify City of any adverse conditions at the Site that would effect or impede the installation of the Artwork.

The Artist is responsible for timely installation of the Artwork. The Artist will confer and coordinate with the City to ensure timely coordination with the City’s construction team.

E. Upon written acceptance of the installation, the Artwork shall be deemed to be in the custody of the City for purposes of Section 11 and Section 14 of this Agreement.

F. Upon installation of the Artwork, the Artist shall provide the City with written instructions for the appropriate maintenance and preservation of the Artwork along with product data sheets for any material or finish used. The Artwork must be durable, taking into consideration that the Site is an unsecured public space that may be exposed to elements such as weather. The Artist must ensure that all maintenance requirements will be reasonable in terms of time and expense.

The City is responsible for the proper care and maintenance of the Artwork.

1.8 Approval and Acceptance
A. The Artist shall notify the City in writing when all services as required of both Parties by this Agreement prior to this paragraph have been completed in substantial conformity with the Design.

B. The City shall promptly notify the Artist of its final acceptance of the Artwork within 30 days after the Artist submitted written notice pursuant to paragraph (A) above. The effective date of final acceptance shall be the date the City submits written notice to the Artist of its final acceptance of the Artwork. The final acceptance shall be understood to mean that the City acknowledges completion of the Artwork in substantial conformity with the Design, and that the City 635
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confirms that all services as required of both Parties by this Agreement prior to paragraph (C) of this section have been completed. Title of the Artwork passes upon final acceptance and final payment, more particularly described in Exhibit “E.”
C. If the City disputes that all the services have been performed, the City shall notify the Artist in writing of those services the Artist has failed to perform within 30 days after the Artist submitted written notice pursuant to paragraph (a) above. The Artist shall promptly perform those services indicated by the City.

D. If the Artist disputes the City’s determination that not all services have been performed, the Artist shall submit reasons in writing to the City within 30 days of the City’s prior notification to the contrary. The City shall make reasonable efforts to resolve the dispute with the Artist in good faith. However, final determination as to whether all services have been performed shall remain with the City.

E. Upon the resolution of any disputes that arise under paragraphs (C) and (D) of this section, the City shall notify the Artist of its final acceptance of the Artwork pursuant to paragraph (B).

F. After final acceptance of the Artwork, the Artist shall be available at such time(s) as may be mutually agreed upon by the City and the Artist to attend any public meetings and community outreach functions, as well as any ceremonies relating to the dedication of the Artwork.

G. The City shall be solely responsible for coordinating public information materials and activities related to public presentations.

Section 2 TAXES
Any state or federal sales, use or excise taxes, or similar charges relating to the services and materials under this Agreement shall be paid by the Artist in a timely fashion. The City shall report payments made to the Artist annually to the Internal Revenue Department in a 1099 statement.

Section 3 TERM OF AGREEMENT
A. Duration. This Agreement shall be effective on the date that this contract has been signed by both Parties, and, unless terminated earlier pursuant to such provisions in the Agreement, shall extend until final acceptance by the City under Section 1.8(B), or submission of final payment to the Artist by the City under Exhibit “D”, whichever is later. Extension of time of performance hereunder may be granted upon the request of one Party and the consent of the other thereto, which consent shall not be unreasonably withheld. Such extension shall be in writing, signed by both Parties, and attached to the schedule under section 1.5(B)(i) which is attached as Exhibit “B”. 636
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B. Force Majeure. The City shall grant to the Artist a reasonable extension of time in the event that conditions beyond the Artist’s control render timely performance of the Artist’s services impossible or unduly burdensome. All such performance obligations shall be suspended for the duration of the condition.

Both parties shall take all reasonable steps during the existence of the condition to assure performance of their contractual obligations when the condition no longer exists. Failure to fulfill contractual obligations due to conditions beyond either Party’s reasonable control will not be considered a breach of contract, provided that such obligations shall be suspended only for the duration of such conditions.

Section 4 COMPENSATION
The City shall pay the Artist TWO HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($200,000.00), which will constitute full compensation and payment for all work to be performed under this Agreement. No extra charges of any kind will be allowed unless specifically agreed to in writing by the City's authorized representative.

The total price shall include all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Artwork furnished to the City hereunder.

Section 5 PAYMENT
A. All requests for payment shall be submitted to the Economic Development Management Analyst, Public Art in writing for review and approval and must be accompanied with a detailed invoice and other documentation as required by the Economic Development Management Analyst, Public Art supporting the Work completed.

B. Terms of payment are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable progress milestones. Final payment shall be made by the City after the Artist has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of the work.

C. Payment shall be made in accordance with the following schedule:
i. Commencement of Final Design Phase (20%) – Forty Thousand Dollars and Zero Cents ($40,000.00)
ii. Commencement of Fabrication (60%) – One Hundred Twenty Thousand Dollars and Zero Cents ($120,000.00)
iii. Completion and Delivery of Art Work (10%) – Twenty Thousand Dollars and Zero Cents ($20,000.00)
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iv. Final Acceptance (10%) - Twenty Thousand Dollars and Zero Cents ($20,000.00)
D. Payments otherwise due may be withheld by the City on account of defective work not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of the Artist to make payments properly to its subcontractors or for material or labor, the failure of the Artist to perform any of its other obligations under the Agreement, or to protect the City against any liability arising out of the Artist's failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, the City may remove them at the Artist's expense.

E. Payment of the Final Acceptance payment will be made by the City upon:
i. Submission of an invoice for satisfactory completion of final acceptance and in the amount associated with the Final Acceptance payment; ii. Written acceptance of the Artwork by the City;
iii. Delivery of all drawings and specifications, if required by the City; iv. Delivery of executed full releases of any and all liens arising out of this Agreement; and
F. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

G. If any person refuses to furnish an actual release or receipt in full, the Artist may furnish a bond satisfactory to the City to indemnify the City against any claim or lien at no cost to the City.

H. Acceptance by the Artist of payment of the Final Acceptance payment will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which the Artist then has, or can subsequently acquire against the City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for Final Acceptance by the City will not constitute a waiver, release or discharge of any claims or demands which the City then has, or can subsequently acquire, against the Artist, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 6 ARTIST’S REPRESENTATIONS AND WARRANTIES
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6.1 Warranties of Title
A. The Artist represents and warrants that:
i. the Artwork is solely the result of artistic effort of the Artist and its representatives.
ii. except as otherwise disclosed in writing to the City, the Artwork is unique and original and does not infringe upon any copyright or the rights of any person.
iii. the Artwork (or duplicate thereof) has not been accepted for sale elsewhere. iv. the Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Artwork or any element thereof or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement.
v. the Artwork is free and clear of any liens from any source whatsoever. vi. all Artwork created or performed by the Artist under this Agreement, whether created by the Artist alone or in collaboration with others, shall be wholly original with the Artist and shall not infringe upon or violate the rights of any third party.
vii. the Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement.
viii. all services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc. and with all necessary care, skill, and diligence.

B. the representations and warranties set forth in paragraph (A) shall survive the termination or other extinction of this Agreement.

6.2 Warranties of Quality and Condition
A. The Artist represents and warrants that all work will be performed in accordance with professional “workmanlike” standards and free from defective or inferior materials and workmanship (including any defects consisting of “inherent vice,” or qualities that cause or accelerate deterioration of the Artwork) for two years after the date of final acceptance by the City under Section 1.8(B).

B. The Artist represents and warrants that the Artwork and the materials used are not currently known to be harmful to public health and safety. 639
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C. The Artist represents and warrants that reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance and preservation recommendations submitted by the Artist pursuant to Section 1.7(G).

D. If within two years the City observes any breach of warranty described in this Section 6.2 that is curable by the Artist, the Artist shall, at the request of the City, cure the breach promptly, satisfactorily and consistent with professional conservation standards, at no expense to the City. The City shall give notice to the Artist of such breach with reasonable promptness.

E. If after two years the City observes any breach of warranty described in this Section 6.2 that is curable by the Artist, the City shall contact the Artist to make or supervise repairs or restorations at a reasonable fee during the Artist’s lifetime. The Artist shall have the right of first refusal to make or supervise repairs or restorations. Should the Artist be unavailable or unwilling to accept reasonable compensation under the industry standard, the City may seek the services of a qualified restorative conservator and maintenance expert.

F. If within two years the City observes a breach of warranty described in this Section 6.2 that is not curable by the Artist, the Artist is responsible for reimbursing the City for damages, expenses and loss incurred by the City as a result of the breach. However, if the Artist disclosed the risk of this breach in the Proposal and the City accepted that it may occur, it shall not be deemed a breach for purposes of this Section 6.2 of this Agreement.

G. Acceptable Standard of Display. The Artist represents and warrants that:
i. General routine cleaning and repair of the Artwork and any associated working parts and/or equipment will maintain the Artwork within an acceptable standard of public display.
ii. Foreseeable exposure to the elements and general wear and tear will cause the Artwork to experience only minor repairable damages and will not cause the Artwork to fall below an acceptable standard of public display.
iii. With general routine cleaning and repair, and within the context of foreseeable exposure to the elements and general wear and tear, the Artwork will not experience irreparable conditions that do not fall within an acceptable standard of public display, including mold, rust, fracturing, staining, chipping, tearing, abrading and peeling.
iv. Manufacturer’s Warranties. To the extent the Artwork incorporates products covered by a manufacturer’s warranty, the Artist shall provide copies of such warranties to the City.
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The foregoing warranties are conditional, and shall be voided by the failure of the City to maintain the Artwork in accordance with the Artist’s specifications and the applicable conservation standards. If the City fails to maintain the Artwork in good condition, the Artist, in addition to other rights or remedies the Artist may have in equity or at law, shall have the right to disown the Artwork as the Artist’s creation and request that all credits be removed from the Artwork and reproductions thereof until the Artwork’s condition is satisfactorily repaired.

Section 7 COPYRIGHT; REPRODUCTION RIGHTS
A. Copyright of the Artwork and related design, drawings, sketches, and models will be owned by the Artist until acceptance of the Artist's Artwork by the City or termination of the Agreement. Notwithstanding the foregoing, the Artist agrees not to make use of such copyright in the Artwork for any purpose other than the performance by the Artist of the Artist's obligations under this Agreement of public artwork, without the written consent of the City. Upon acceptance of Artist's Work, copyright of the Art Work will be owned jointly by the City and the Artist and no further use of the copyright will be made by the Artist and the City without the written consent of the other, which consent will not be unreasonably withheld. The Artist certifies that the Artwork is a unique work of art especially designed for the City and shall not duplicate or reproduce the Artwork nor shall the Artist permit others to do so except with the written permission by the City.

The City has the right to reproduce and distribute in printed form and on commercial documents and/or brochures or any other literature of the City, including but not limited to the City’s website, social media accounts, press releases, grant applications, tourism and economic development materials, and governmental communications of any kind, photographs, realistic renderings, videotapes, or films of the Artwork. Such reproductions and use of the images of the Work for promotional purposes shall not constitute a breach of copyright and no royalty shall be due and payable by the City to the Artist for such use.

B. All reproductions of the Artwork by the City shall contain credit to the Artist.

C. The City agrees that the Artist shall have the right to reproduce and distribute in printed form and on non-commercial educational materials and brochures advertising or promoting the Artist and the Artist's career, two-dimensional images such as photos, slides or realistic renderings, video tapes, or films of the Artwork as installed and formally accepted by the City. Such reproductions and use of the images of the Artwork for promotional and educational purposes shall be deemed to not constitute a breach of copyright in any way and no royalty fee shall be due and payable to the Artist for such use. Such reproduction and images of the Artwork for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to the City. 641
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D. The Artist shall use his/her best effort to give a credit in any public showing under the Artist's control of illustrations of the Artwork as follows: "An original work owned and commissioned by the City of Palm Desert, California." E. Staff and CAC members must ensure compliance with the California Art Preservation Act (CAPA). CAPA is found in California Civil Code § 987 and was enacted in 1979. It protects artists’ moral rights by prohibiting the physical defacement, mutilation, alteration, or destruction of works of fine art. These works include original paintings, sculptures, drawings, or graphics in signed and numbered editions, if such actions prejudice the artists reputation. It requires 90 days’ written notice to the artist before any removal or destruction. This notice allows the artist an opportunity to reclaim the work at their own expense. Artists may seek injunctions, actual damages, punitive damages, and attorney fees for violations.

F. Staff and CAC members must also ensure compliance with the Federal Visual Artists’ Rights Act (VARA). VARA is found in 17 U.S.C. § 106A and was enacted in 1990 as part of federal copyright law. It grants artists the right of attribution to claim authorship and prevent false attribution. It grants the right of integrity to prevent intentional distortion, mutilation, or modification that harms the artist’s honor or reputation. It applies to limited-edition works of visual art, including paintings, drawings, prints, sculptures, and still photographic images produced for exhibition in editions of 200 or fewer, signed and numbered by the artist. VARA allows waivers only in written agreements signed by the artist. For artworks integrated into buildings, VARA provides specific procedures: if the work can be removed without damage, the artist must be notified and given 90 days to remove it at their expense; if not removable without destruction, the building owner may proceed after obtaining a written waiver or if the artist consents. Violations under VARA can result in injunctions, damages, and attorney fees.

Section 8 STANDARD OF CARE; INDEPENDENT CONTRACTOR
A. The Artist shall perform all work 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.

B. The Artist enters into this Agreement as an independent contractor and not as an employee of City. Artist shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Artist are employees, agents, contractors or subcontractors of the Artist and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against the Artist by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. 642
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Section 9 COMPLIANCE WITH LAWS
A. The Artist shall comply with all applicable laws and regulations of the federal, state and local government.

B. The Artist is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If any work performed by the Artist under this Agreement is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $25,000 or more, the Artist agrees to fully comply with such Prevailing Wage Laws. The Artist shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Any stop orders issued by the Department of Industrial Relations against Artist or any subcontractor that affect the Artist's performance of any part of this Agreement, including any delay, shall be the Artist's sole responsibility and the Artist shall indemnify the City from liability arising out of the same. It shall be mandatory upon the Artist and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815), contractor registration (Labor Code Sections 1725.5 and 1771.1) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 and to be registered with the Department of Industrial Relations shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1771.4, 1725.5 and 1771.1.

Section 10 SUBCONTRACTS
Unless otherwise specified, the Artist must obtain the City's written permission before subcontracting any portion of the work. Except for the insurance requirements in this Agreement, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Artwork, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve the Artist from its obligations to the City, including, but not limited to the Artist's insurance and indemnification obligations.

No subcontract or order will bind the City.

Section 11 RISK OF LOSS
The Artist shall bear the risk of loss or damage to the Artwork until the City’s final acceptance of the Artwork under Section 1.8(B). The Artist shall take such 643
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measures as are reasonably necessary to protect the Artwork from loss or damage.

The City shall bear the risk of loss or damage to the Artwork prior to final acceptance only if, during such time, the partially or wholly completed Artwork is in the custody, control or supervision of the City or its agent(s) for the purposes of transporting, storing, installing or performing other services to the Artwork.

Section 12 ALTERATIONS OF SITE OR REMOVAL OF ARTWORK
A. The City shall notify the Artist of any proposed significant alteration of the Site that would affect the intended character and appearance of the Artwork. The City shall make a good faith effort to consult with the Artist in the planning and execution of any such alteration. The City shall make a reasonable effort to maintain the integrity of the Artwork.

B. The City agrees not to arbitrarily remove or relocate the Artwork without first making a good faith effort to contact the Artist. The Artist shall not unreasonably withhold approval of removal or relocation of the Artwork. Should the Artist agree to such removal or relocation, the Artist shall provide the City with written handling instructions. In the event that the Artist is deceased or unable to otherwise give the Artist’s consent, the current owner of the copyright of the Artwork shall not unreasonably withhold permission, keeping in mind the intentions of the Artist at the time of commission and fabrication.

Section 13 INDEMNIFICATION
A. The Artist shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of the Artist, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

B. The Artist's defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at the Artist's own cost, expense, and risk. The Artist shall pay and satisfy any judgment, award, or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. The Artist shall reimburse the City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
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C. The Artist's obligation to indemnify survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

Section 14 INSURANCE

14.1 Minimum Requirements
Without limiting the Artist's indemnification of the City, and prior to commencement of the artwork, the Artist 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 the City.

A. General Liability Insurance. The Artist 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. The Artist 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 Artist 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 the Artist will not be utilizing a vehicle in the performance of his/her duties under this Agreement.

C. Professional Liability (Errors & Omissions) Insurance. RESERVED D. Workers' Compensation Insurance. The Artist shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). The Artist shall submit to the 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. The Artist may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, the Artist 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 645
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liability. Such policy or policies shall include the following terms and conditions:
i. 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;
ii. Pay on behalf of wording as opposed to reimbursement; iii. Concurrency of effective dates with primary policies; iv. Policies shall "follow form" to the underlying primary policies; and v. Insureds under primary policies shall also be insureds under the umbrella or excess policies.

14.2 Other Provisions or Requirements.

A. Proof of Insurance. The Artist, including any subcontractors, shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. The Artist shall provide certificates of insurance to the 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 the City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

B. Duration of Coverage. The Artist 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 the Artist, his/her agents, representatives, employees or subconsultants.

C. Primary/Non-Contributing. Coverage provided by the Artist shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the 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 646
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and not replaced, the City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by the Artist, or the City will withhold amounts sufficient to pay premium from Artist payments. In the alternative, the 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 the Artist or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. The Artist 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). The Artist acknowledges and agrees that any actual or alleged failure on the part of the City to inform the Artist of noncompliance 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 Artist maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Artist. 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. The Artist agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
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J. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.

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

L. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that the Artist'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 crossliability exclusions.

M. Pass Through Clause. The Artist 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 the Artist, provide the same minimum insurance coverage and endorsements required of the Artist. The Artist 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 Artist agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to the 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 Artist ninety (90) days advance written notice of such change. If such change results in additional cost to the Artist, the City and Artist may renegotiate the Artist's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice.

O. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. The 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 the City.

P. Timely Notice of Claims. The Artist shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from the Artist's 648
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performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Q. Additional Insurance. The Artist 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.

Section 15 DEATH OR INCAPACITY OF THE ARTIST
In the event of the Artist’s death or incapacity, as determined solely by the City, rendering the Artist unable to complete the Artwork, the City may elect to complete the Artwork and all payments made up to the point of death or incapacity will be retained by the Artist or the Artist’s estate and all work performed by the Artist up to date of death or incapacity will be compensated. Any incomplete Artwork and any materials paid for by the City included in such Artwork will become the property of the City upon payment to compensate the Artist or Artist’s estate, for all work performed up to the date of incapacity or death. However, if the Artwork is substantially designed and/or completed, as determined solely by the City, and it is feasible for the Artwork to be fully completed without undue delay, City may elect to proceed under the terms of this Agreement and complete the Artwork with the consent of the Artist, Artist’s estate or Artist’s legal representative. In such event, all remaining work to be completed in accordance with this Agreement will be delegated to the City Manager. The invocation of this Section by the City shall not render Section 7 ineffective with respect to the Artist’s (or Artist’s estate’s) copyright ownership and reproduction rights.

Section 16 LIENS
A. The Artist, subcontractors and suppliers will not make, file or maintain a mechanic's or other lien or claim of any kind or character against the Artwork, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as "Claims"); and the Artist, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and the Artist, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.

B. The Artist will save and hold the City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and the Artist will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

Section 17 TERMINATION OF AGREEMENT BY CITY
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A. Should the Artist at any time refuse or fail to deliver the Artwork with promptness and diligence, or to perform any of its other obligations under the Agreement, the City may terminate the Artist's right to proceed with the delivery of the Artwork by written notice to the Artist. In such event the City may obtain the Artwork by whatever method it may deem expedient, including the hiring of another artist and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of the Artist. In such case the Artist will not be entitled to receive any further payments until the Artwork is delivered and installed. If the City's cost of obtaining the Artwork, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, the Artist will be liable for and will pay the difference to the City.

B. The City may, for its own convenience, terminate the Artist's right to proceed with the work by written notice to the Artist. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which the City may have against the Artist, and will not affect the obligations and duties of the Artist under the Agreement. Upon termination, the Artist shall be compensated only for that Work which has been adequately rendered to the City, and the Artist shall be entitled to no further compensation. The Artist may not terminate this Agreement except for cause.

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

Section 18 MISCELLANEOUS PROVISIONS
A. 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:

CITY: ARTIST:

City of Palm Desert Gordon Huether
73510 Fred Waring Drive 1821 Monticello Road
Palm Desert, CA 92260 Napa, CA 94558
Attn: Erica Jimenez, Public Art
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 650
23 72500.00001\44877365.1
deemed adequate notice on the date actual notice occurred, regardless of the method of service.

B. Assignment or Transfer. The Artist shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due to the Artist from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

C. Non-Discrimination. The Artist agrees at all times to fully comply with all laws prohibiting discrimination against any person or class of persons by reason of race, color, gender, religious creed, sex (including pregnancy or child birth), age, national origin, ancestry, sexual orientation, physical or mental disability, medical condition including genetic characteristics, veteran status, marital status, family care status, or any other considerations made unlawful by federal, state or local law in performance of this Agreement. If the use provided for in this Agreement allows the Artist to offer accommodations or services to the public, such accommodations, or services shall be offered on fair and reasonable terms.

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

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

F. 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.

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

H. Interpretation. 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.

I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
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J. Authority to Enter 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.

K. 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.

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

M. City's Right to Employ Other Artists. City reserves its right to employ other artists in connection with this Agreement.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AGREEMENT OF COMMISSION OF PUBLIC ARTWORK

BETWEEN THE CITY OF PALM DESERT
AND GORDON HUETHER + PARTNERS, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

CITY OF PALM DESERT
_________________________________
Chris Escobedo
City Manager
GORDON HUETHER + PARTNERS,
INC., an S-Corporation
_______________________________
Gordon Huether
Chief Executive Officer
ATTEST:
__________________________________
Anthony J. Mejia
City Clerk
_______________________________
Darcy Tunt
Secretary
APPROVED AS TO FORM:

Approved By:
_____________________________
Isra Shah
City Attorney
Office Use:

Quality Check Insurance
City Clerk Contracts Initial Review Final Review
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Exhibit “A”
72500.00001\44877365.1
EXHIBIT "A"

PROPOSAL

PROJECT EXECUTION FABRICATION PLAN
The sculpture will be fabricated in house following the requirements of engineered drawings from a California Licensed Engineer.

Weathering steel pipes will be cut to size. Each pipe will be capped with weathering steel at the ends and welded to a base plate.

The pipes will be welded to plates and each other per the design and engineering specs.

The structure will be fully mocked up in the studio before crating and shipping to the installation site.

The artwork will be installed securely on site utilizing a breakaway system to allow lifting and moving with a crane if needed for access to the roundabout.

MATERIAL DESCRIPTION + MAINTENANCE PLAN
The majority of the sculpture will be fabricated with weathering steel, which is meant to weather. All the materials planned are durable in extreme weather.  Weathering Steel Pipes + Plates
 Stainless-Steel Sphere, or alternatively, an Acrylic Sphere with color-changing LED lighting inside
 The specs for the concrete footings, anchor bolts, and breakaway installation system will be determined during the design development phase with California licensed engineers
 Uplight specs will be selected during design development also All of our installations are designed to be resilient, safe and sustainable with a minimal amount of maintenance. Weathering steel and stainless steel are well suited for outdoor use in severe weather conditions.

If the alternative acrylic sphere is chosen (see photo on right), it’s important to note the material is also highly durable and offers excellent weather and UV resistance.

For maintenance, occasionally spray with water, or brush with broom, to remove spider webs and bird droppings.
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Exhibit “C”
2500.00001\44877365.1
EXHIBIT "B"

SCOPE OF WORK
The Artwork shall consist of the following phases:

Design Review Phase.

1. Within 30 days after the execution of this agreement, the City shall notify the Artist if it requires any revisions to the Design.

2. The Artist will have 60 days to comply with any revisions.

3. Upon approval by both Parties, the City will issue a Notice to Proceed with the Final Design Phase.

Final Design Phase.

1. Upon completion of the Design Review Phase and approval of the final design of the Artwork by the City, the City will issue a Notice to Proceed with the Final Design Phase. The Artist shall commence the Final Design and complete the Final Design work within 90 calendar days of the Notice to Proceed date.

2. Final Design work shall include but are not limited to the following:
a. Construction Documents
i. Artist to work with a California registered Professional Engineer (PE) on structural drawings that include final design plans and specifications, pad design and lighting plan.
ii. Consulting with City staff and other parties identified by the City to ensure that Artwork is in full compliance with this Agreement.

Fabrication Phase.

1. Upon completion of the Final Design Phase and approval of the final design of the Artwork by the City, the City will issue a Notice to Proceed with the Fabrication Phase. The Artist shall commence the Fabrication Phase and complete the Fabrication Phase work within 160 calendar days of the Notice to Proceed date.

2. The Fabrication Phase tasks shall include, but are not limited to, the following:
a. Procurement of materials and fabrication of the Artwork b. The Artist shall send progress reports and images at reasonable times during the Fabrication Phase.
c. The Artist shall notify the City in writing when fabrication of the Artwork has been completed and that Artwork is ready for delivery and installation.
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Exhibit “C”
2500.00001\44877365.1
Installation Phase.

1. Upon the City’s final approval of the fabricated Artwork, the Artist shall deliver the completed Artwork to the Site in accordance with the schedule provided for in Section 1.5(B).

2. The Artist will coordinate closely with the City to ascertain that the Site is prepared to receive the Artwork.

3. The Artist shall be present to supervise the installation of the Artwork.

Approval and Acceptance.

1. Artist provides written notice of substantial completion.

2. City has 30 days to:
a. Issue final acceptance, or
b. Identify deficiencies in writing.

3. Artist shall promptly correct any identified deficiencies.

4. Artist may dispute findings within 30 days; City will work in good faith to resolve, with final determination by City.

5. Upon resolution, City issues final acceptance in writing.

6. Title transfers upon final acceptance and final payment (per Exhibit E).

7. Post-acceptance, Artist participates in agreed public events/meetings.

8. City responsible for public information and coordination. 656
Exhibit “C”
2500.00001\44877365.1
EXHIBIT “C”

ARTWORK BUDGET
Artist Fee $10,000
Design Development $20,000
Structural Engineering $15,000
Materials and Fabrication $110,000
Project Management $15,000
Transportation $15,000
Installation Oversight $15,000
TOTAL $200,000
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Exhibit “D”
72500.00001\44877365.1
EXHIBIT “D”

PAYMENT SCHEDULE
The City shall pay the Artist a fixed fee of Two Hundred Thousand Dollars and Zero Cents ($200,000.00), which shall constitute full and complete compensation for all the services performed and materials furnished by the Artist under this Agreement.

Payment shall be made in accordance with the following scheduled installments, each installment representing full and final payment for all services and materials provided prior to payment thereof:
a. $40,000.00 (20%) upon Commencement of Final Design Phase, recognizing that the Artist will invest time and expense in preparing the Design as set forth under Section 1.3;
b. $120,000.00 (60%) upon Notice to Proceed to Fabrication Phase; c. $20,000.00 (10%) within 30 days after the Artist notifies the City that the Artwork is fabricated and ready for delivery and installation at the Site as set forth under Section 1.7(A);
d. $20,000.00 (10%) within 30 days after final acceptance of the Artwork by the City as set forth under Section 1.8(B).

All requests for payment shall be submitted to the Public Works Management Analyst, Public Art in writing for review and approval and must be accompanied with a detailed invoice and other documentation as required by the Public Works Management Analyst, Public Art supporting the work completed.

Terms of payment are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable progress milestones. Final payment shall be made by City after the Artist has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of the work.
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Exhibit “E”
72500.00001\44877365.1
EXHIBIT “E”

TRANSFER OF TITLE

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

TRANSFER OF TITLE
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the undersigned Artist located at the address noted below does hereby sell, transfer and convey to the City, located in Palm Desert, California, its assigns and successors, all right, title and interest in the ownership of the Artwork commissioned by Agreement of CACTUS BLOSSOM and as described herein.

Title: CACTUS BLOSSOM
Location: Roundabout on San Pablo Avenue at the east entrance of College of the Desert
IN WITNESS WHEREOF, Artist has executed this written transfer of title on this the _________ day of _________, 2026
State of California
County of _________________________
On __________________ before me,_______________________________________ (here insert name and title of the officer)
personally appeared ___________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ________________________________________ (SEAL) 659
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Page 1 of 2 ends

1. Optional second roundabout location – Dinah Shore Drive and Gerald Ford Drive
661
City of Palm Desert
Select Artist to Create Artwork for the San Pablo Phase 2 Roundabout

Page 2 of 2 ends

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San Pablo Phase II Roundabout
Location: San Pablo and entrances to College of the Desert/YMCA 663
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City of Palm Desert Staff Report
Meeting Date: May 14, 2026
Prepared By: Anthony J. Mejia, City Clerk
Department: City Clerk’s Office
Subject: Introduction of an Ordinance Amending the Palm Desert Municipal Code relating to City Council Agendas and Request for Action
Recommendation
Introduce an ordinance entitled “An Ordinance of the City Council of the City of Palm Desert, California, Amending Section 2.36.060 of the Palm Desert Municipal Code relating to City Council Agendas and Requests For Action.”
Background
On April 26, 2026, the City Council reviewed proposed amendments to Palm Desert Municipal Code Section 2.36.060 and supported moving forward with an ordinance. The proposed amendments relate to the City Council’s Request for Action process and the agenda administration provisions in the Municipal Code.

The ordinance would:
 Require Requests for Action to be submitted in writing before the meeting;  Retain the requirement that a Request for Action receive support from at least one additional Councilmember; and
 Simplify outdated agenda administration language.

The proposed written request requirement is intended to provide the City Council with basic information before a request is presented during the meeting. The requesting Councilmember would still present the request verbally and would still need support from at least one additional Councilmember.

The ordinance also clarifies the respective roles of the City Clerk, City Manager, and City Council in the agenda process, while allowing administrative procedures to be updated without future Municipal Code amendments.

Environmental Review
This action is not a project under the California Environmental Quality Act because it is an administrative, organizational, procedural, fiscal, or informational activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment.

Legal Review
This report has been reviewed by the City Attorney’s Office. 667

Page 2 ends

Financial Impact
There is no financial impact associated with this action.

Attachments

1. Current PDMC 2.36.060

2. Draft Ordinance

3. Sample Request for Action Form
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1. Site-Specific Property Interest
Does this item involve a project site or other identifiable real property? ☐ Yes
☒ No
If yes, identify the project site:

Councilmembers should consider whether they own, lease, or hold interests in real property within 1,000 feet of the project site. (Gov. Code § 87103(b); FPPC Reg. 18702.2).

In order to facilitate the orderly conduct of the business of the city council, the city clerk shall be notified no later than twelve noon Wednesday, eight days preceding a regular council meeting, of all reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the city council at such meeting. All matters shall be in proper form for city council action at the time they are submitted to the city clerk. Immediately thereafter, the city clerk shall arrange a list of such matters according to the order of business and furnish each member of the city council, the city manager and city attorney, and each department head, with a copy of the same prior to the council meeting and as far in advance of the meeting as time for preparation will permit. No matters other than those on the agenda shall be finally acted upon by the city council unless a member of the city council, the city manager, or city attorney so requests. Any matter to be acted on not otherwise on the agenda and not posted at least seventy-two hours before such regular meeting, shall be placed on the agenda for action only in accordance with Section 54954.2(b) of the Government Code. Any item upon which action is proposed to be taken and a request for consideration to place on the agenda in accordance with the aforementioned Government Code Section, shall be provided to all members of the city council, the city manager and city attorney, as early as possible prior to said meeting.

A topic will be included on the agenda upon request made by any council member in open meeting when supported by at least one other council member. Staff may seek clarification of topic scope from the requesting council members, to be supplied in writing. The item will normally be heard no sooner than the second meeting after the request and any needed clarification.
(Ord. 83 § 6, 1975; Ord. 610 § 1, 1990; Ord. 1371 § 1, 2021) City of Palm Desert, CA
Downloaded from https://ecode360.com/PA4981 on 2026-04-14 671 672
ORDINANCE NO. ____
An Ordinance of the City Council of the City of Palm Desert, California, Amending Section 2.36.060 of the Palm Desert Municipal Code Relating to City Council Agendas and Requests for Action
Whereas, Section 2.36.060 of the Palm Desert Municipal Code addresses preparation of City Council agendas and the process by which Councilmembers may request consideration of a future agenda item; and
Whereas, on February 26, 2026, Mayor Pro Tem Pradetto, seconded by Councilmember Harnik, requested review of the Request for Action process and evaluation of whether changes were needed; and
Whereas, staff met with the Mayor and Mayor Pro Tem to review the current process and evaluate options for possible amendments; and Whereas, the City Council desires to amend Section 2.36.060 to require written submission of Requests for Action prior to the meeting, retain the requirement that a Request for Action receive support from at least one additional Councilmember during the meeting, and simplify outdated administrative agenda language.

The City Council of the City of Palm Desert does hereby ordain as follows:

Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. Amendment to Section 2.36.060. Section 2.36.060 of the Palm Desert Municipal Code is hereby amended in its entirety to read as follows:
§ 2.36.060 Agenda Preparation and Requests for Action.

A. Agenda Preparation.

The City Clerk shall prepare the agenda for City Council meetings in accordance with applicable law and City procedures. The City Manager shall determine the proposed agenda for each meeting and place on the agenda matters relating to the business of the City, except as otherwise required by law or directed by the City Council. Items for consideration shall be submitted in proper form and within the time established by City procedures.

B. Requests for Action.

A Councilmember may request that a topic be considered for placement on a future City Council agenda by submitting a written Request for Action to the City Clerk prior to the meeting. The requesting Councilmember shall present the request during the meeting, and the request must receive support from at least one additional Councilmember. An item referred through this process will 673
Ordinance No. _____ Page 2
typically be scheduled no sooner than the second regular City Council meeting following submission of the request.

Section 5. Severability. If any section, subsection, clause, or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase would be declared invalid, unconstitutional, or unenforceable.

Section 6. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and this Ordinance shall be in full force and effective thirty (30) days after its adoption.

Adopted on ___________________.

EVAN TRUBEE
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
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Ordinance No. _____ Page 3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on _____________, and adopted at a regular meeting of the City Council held 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
675
676
City of Palm Desert
Request For Future Agenda Item
Submitted By: ____________________________

1. Proposed Agenda Topic
Provide a short title for the requested item.

2. Summary of Request
Briefly describe the issue or topic to be considered. Do not include arguments for or against the request.

3. Anticipated Staff Involvement
Check one:
[ ] Ceremonial / Presentation Item
[ ] Discussion Only, No Formal Staff Report
[ ] Brief Background Information
[ ] Formal Staff Report / Staff Research
[ ] Other: ______________________________________

4. Time Sensitivity
Is this request time sensitive?
[ ] No
[ ] Yes, because: ______________________________________ Procedural Note: Submission of this form does not place an item on a future agenda.

The requesting councilmember must still make the request during the City Council agenda item for future agenda requests, and the request must receive the level of Council support required by City policy.
677

Palm Desert City CouncilMay 14, 2026

Palm Desert City Council
May 14, 2026