Twentynine Palms City Council
February 8, 2022

Public Services Program Application Fiscal Year –
San Bernardino County
Fiscal Year -
PublicServices ProgramApplication
The following documents must be submitted in the order listed, please be sure to submit all attachments with your application.

Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Community Needs and Target Population
Exhibit 4: Project Budget & Sources
Exhibit 5: Performance & Outcomes
Exhibit 6: Agency Capacity Narrative
Exhibit 7: Civil Rights Laws Compliance and HUD Good Standing Exhibit 8: Signature and Assurances
Application Checklist
_______________
Log Number
(Office Use Only)
1 ✔
✔
2022 ✔
TWEN22PS-046 2022 ✔
2023 ✔
✔
✔
✔
2023 ✔

Public Services Program Application Fiscal Year –
Exhibit 1: Organization Information
Organization Name:

Organization Address:

City/State/Zip:

Phone:

Fax:

Email:

Applicant Type:

Authorized Person Name:

Authorized Person’s Title:

Address:

City/State/Zip:

Phone:

Fax:

Email:

Application Contact Person’s Name:

Application Contact Person’s Title:

Explain the Agency’s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/End Dates. 2 Yucca Valley / CA / 92284 [email protected] Morongo Basin Unity Home, Inc Executive Director 7237 Joshua Ln Executive Director 2022 Morongo Basin Unity Home Inc. "To provide a safe haven for victims of domestic violence. To educate and assist them through counseling, legal advocacy, and build their self esteem as to allow them to live their life free from the fear of abuse." MBUH purpose is to assist domestic violence victims/ survivors in escaping their abusive situation and to provide them with the tools necessary in order to lead a productive life free from domestic violence. Since 1982, MBUH has provided services nationwide with an emphasis on California and a focus in San Bernardino County, We provice 24/7 domestic violence services including up to 120 day emergency shelter, a 24/7 domestic violence hotline, MBUH provides outreach services such as domestic violence counseling, both individual and peer, professional counseling, legal assistance, restraining orders, supervised visitation, emergency food and clothing, and immigration assistance.
non- profit 17603669663 Susanna Barnett 2023 Susanna Barnett ed@unityhome Yucca Valley / CA / 92284 17603669663 7237 Joshua Ln 760-366-2643

Public Services Program Application Fiscal Year –
Exhibit 2: Project Information
Project Title:

Project Address:

County Supervisorial District where project will be located:
1 st District 2nd District 3
rd District 4th District 5th District
If you are requesting funds for an existing CDBG project, provide prior CDBG project number.

Will this project provide an opportunity to hire minority-owned and women owned businesses? If YES, describe what actions will be completed to implement such subcontracting plans to monitor this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority-women businesses to apply for this project. 3 If this is an Expansion of Service to previously funded CDBG project, please explain how this is an expansion of service?. (i.e For 2015 we proposed 60 units of service, this year the agency is planning to serve 100 units of service)
Is this a New Public Service Project, or request to expand services to an existing CDBG project? X
New Public Service Project 2022
N/A
2023 shelter playground shade/cover
Morongo Basin Unity Home, Inc. will produre three bids from local contractors and give priority to minority-owned business
Yes confidential

Public Services Program Application Fiscal Year –
EXHIBIT 2A: Countywide Vision
Indicate Yes/No in the table below if any of these countywide vision goals are pertinent to the proposed project.

Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.

Create, Maintain and Grow Jobs and
Economic Value in the County.

Improve County Government Operations.

Operate in a Fiscally-Responsible and
Business-Like Manner.

Ensure Development of a Well-Planned,
Balanced, and Sustainable County.

Maintain Public Safety.

Provide for the Health and Social Services
Needs of County Residents.

Pursue County Goals and Objectives by
Working with Other Governmental
Agencies.

Provide a brief narrative of how your project meets the Countywide Vision:
4 The execution of the proposed programs will implement the countywide vision in the following ways:This project will create jobs within the community for local contractors and for individuals, thereby growning economic durng this hard pandemic year, and increase the value within the community. It will assist MBUH in operating with fiscal responsabilities to make sure the children staying at the emergency shelter is able to play safely in a shaded playground area. And continue develop a sustainable and safe community by providing a more secure playground.

Yes 2022 Yes Yes 2023 Yes Yes NoYes Yes

Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population
Community Needs Target Population
Public Service
Needs:

Yes/No Proposed Community: Yes/No
Senior Services Low and Moderate Persons
Handicapped
Services
Low and Moderate
Households
Youth Services Abused Children
Child Care
Services
Handicapped Persons
Transportation
Services
Illiterate Persons
Substance Abuse
Services
Homeless Persons
Employment
Training
Migrant Farm Workers
Health Services Elderly People
Lead Hazard
Screening
Crime
Awareness
5 City/Target Area of Project Beneficiaries
Participating Cities: (i.e Redlands, Colton, Yucaipa)
Yes Yes Yes Yes Yes Yes Yes Yes 2022 Yes Yes 2023 Yes Yes No Yes Yes Yes Yes Morongo Basin Unity Home Inc. provides services to all of San Bernardino County residents as well as neighboting counties and communities. Our emergency domestic violence shelter and transitional services extend nationwide for all victims of domestic violence in need of emergency shelter away from thier abusive situation. Our organization's central demographic service are is as follows: Yucca Valley,Joshua Tree, Twentynine Palms, Victorville,Morongo Valley,Apple Valley, Barstow, Johnson Valley, Landers, Wonder Valley, Hesperia, Needles, Pioneer Town, and Lucerne Valley.

Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population (continued) Describe the geographic boundaries of the neighborhood, community or area in which clients of the proposed program reside (attach a map if needed):

HUD Demographics: (Yes/No)
 Does this project help prevent homelessness?
 Does this project help the homeless?
 Does this project help those with HIV or AIDS?
 Does this project primarily help persons with disabilities? Summarize the description of your project to include 1) priority, 2) sub-activity, 3) population(s) to be served, and 4) accomplishment level, and 5) services to be provided. 6 Yes Yes No 2022 2023
The proposed project's priority lies in the safety and security for the victims and thier children residing at shelter and the community accessibility to service offered through our organization.

The populations served will be all current and potiental victims of domestic violence and thier children. Our Emergency Shelter and outrech program is extremly successsful in providing a stable, safe, and supportive housing program option for domestic vioelnce victims/survivors and their families after transitioning out from shelter.Services provided through our shelter and outrech program is but not limited to counbseling both peer and group,professional counseling with our clinical department, emergency food and clothing, restraining order, court support,immigration advocay, supervised vistation services, ect.

Yes
There are no boundaries

Public Services Program Application Fiscal Year –
Describe how this project meets the priority population and activities selected.

Explain why this project is needed and what evidence can you substantiate the need.

Describe what gaps of service in the county this project fills.

What are the critical factors for the success of your project (include both financial and human resources)? For instance, is this the only funding for this project? What happens if funding decreases? Does this project rely on only one source of leveraging? Is there adequate staff involved with the project if there is project turnover? Please address any factor that is critical to project success.
7 Morongo Basin Unity Home Inc, is the only domestic violence shelter in all of the Morongo Basin, the next closest Domestic violence shelter is 73 miles away. Our organization fills a vital need within the community for domestic violence services, including a 24 hour emergency hotline/shellter and other services as listed previously. There is no other local organization than can fufill the communities need for these situation. 2022
Domesticviolencestatistics.org brings us the following facts: up tp 10 million children witness some form of domestic violence annually The costs of intimate partner and domestic violence in the US exceed 8.3 billion dollars, 5,8 billions are for direct medical and helath care services, while productivity losses acoount for nearly 2,5 Billion dolllars. 2023
Morongo Basin Unity Home Inc, is the only domestic violence shelter in all of the Morongo Basin, the next closest Domestic violence shelter is 73 miles away. Our organization fills a vital need within the community for domestic violence services, including a 24 hour emergency hotline/shellter and other services as listed previously. There is no other local organization than can fufill the communities need for these situation. none foreseen.

Public Services Program Application Fiscal Year –
Exhibit 4: Project Budget & Sources
Project Budget
SB County Share: ($) Other Source: ($)
Personnel
Equipment (Rental, Lease or Purchase)
Consultant Services
(Auditing, Accounting or Payroll)
Space Rent
Insurance
Consumable Supplies
Other
Total Costs
Total Project Budget Cost: (CDBG Share + Other Source)
8 $0.00 $0.00 $0.00 $15,000.00 $0.00 $0.00 $5,000.00 $0.00 2022 $5,000.00 $0.00 2023 $0.00 $0.00 $10,000.00 $10,000.00 $0.00

Public Services Program Application Fiscal Year –
Exhibit 4A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.

City Amount Requested ($):
(This amount should match the grand
total requested from CDBG Share)
9 Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.

Source of
Funding:

Type of Funding: (Grant Name,
EFSP Money)
Amount ($): Date
Available:
(11/22/2016)
Federal
Funding
State
Funding
County
Funding
Private
Funding
Other:

Total Leveraging Funds
$873,038.00 $302,951.00 Cal-OES $537,587.00 $18,500.00 2022 Cal-WORKS 2023 Fundraising/donation $14,000.00 Public Support Twentyni $10,000.00

Public Services Program Application Fiscal Year –
Exhibit 5: Performance and Outcomes
Definitions:

Unduplicated Clients: The number clients/persons projected to be served during the program year (e.g. 25 clients, 50 seniors):

Duplicated Clients: The estimated yearly units of service (duplicated, e.g. 25 clients x 10 visits=250 units of service):

Complete the chart below with the number of Duplicated and Unduplicated Clients to be served.
• In column 1 identify activities that will be completed (e.g. intervention, counseling, and case management).
• In column 2 indicate the number of Unduplicated Clients to be served. • In column 3 identify the number of Duplicated Clients to be served.

Activities to be Completed (1) Unduplicated
Clients to be
Served (2)
Duplicated Clients
projected to be
served (3)
Performance and Outcomes, answer the following narrative questions using minimum funds request.

Indicate a timeline of services provided to client(s) in order to meet project outcome(s).

Describe how your agency determines client(s) success.

Describe your methodology to evaluate project outcomes. 10 897 1290
It will keep the children from being in the direct sol light and heat out when playing on the playground.

Hotlines 3591 1460 1950 2022 2023 9075
Client success is based on thier ability to stay safe and move forward in thier lives with a new understanding of domestic violence, it's effects on individuals and the children, how to break the cycle of abuse
Shelter Bed Nights
All our services are provided to victims of domestic violence and to their children 24/7 Crisis Counseling

Public Services Program Application Fiscal Year –
Exhibit 5A: Proposed Goals & Milestones
Explain how the project will meet contract goals and milestones and be completed within 12 months (July 1, – June 30, ). For example, project expenditures and performance/ accomplishment goals of 40% by November 30th, 50% by December 31st, 80% by March 31st, and 100% by June 30th.

Fill-in the table below with dates for submission of reimbursement claims and the estimated amount of each.

Date of Reimbursement: Amount ($):

Total Reimbursement:
($)
11 06/30/2022 $10,000.00 2022 2022 2023 2023 $10,000.00

Public Services Program Application Fiscal Year –
Exhibit 6: Agency Capacity Narrative
(Non-Profit Organizations Only)
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing qualifications.

Describe your agency’s experience in administering government and/or public funds.

Describe your method to sustain project viability over the multi-year process if funding decreases.

Instructions: Complete the table below by marking “YES” or “NO” to the questions listed below.

Question:

Example: Have you received federal funds in the past
five years? Yes
In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the
Secretary of State, the State Attorney General, or the
Franchise Tax Board?
Has your organization been sued in the last five years? Are any of your managers or staff with fiscal
responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee relations?
Have any unfavorable rulings been handed down by any
court against your organization or Executive Director the last five years?
Does your organization currently have any unresolved
fiscal, reporting, or program issues with any of its funding sources?

YES/ NO
12 No No No
The project director has been employed at Unity Hoem for over 24 years and has been the Executive Director for 6 of those years
No
If there is a decrease in funding for this project Unity Home will seek private donors and/or fundraising events to make up the difference. 80 % of Morongo Basin Unity Home Inc. funding comes from Federal, State, Count,City Goverment Agencies for over 34 years.
2022 2023 No

Public Services Program Application Fiscal Year –
EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing Answer the following questions.

Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program?
If you answered “Yes”, please explain the circumstances and outcome below.

Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: (1) Any pending civil rights lawsuit instituted by the U.S. Department of Justice; (2) Any noncompliance with civil rights statutes, Executive Orders or regulations as a result of formal administrative proceedings, unless the applicant is operating under a HUD-approved compliance agreement designed to correct the area of noncompliance or is currently negotiating such an agreement; (3) Any unresolved Secretarial charge of discrimination issues under Section 810(g) of the Fair Housing Act, as implemented by 24 CFR 103:400; (4) Any adjudication of a civil rights violation in a civil action brought against the Organization by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of noncompliance or the applicant has discharged any responsibility arising from such litigation; (5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General’s Guidelines (28 CFR 50.3) or the HUD Title VI regulations (24 CFR 1.8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations (24 CFR 8.57). If one or more of these situations exists with your Organization, please attach a brief description.
13 No 2022 2023 No

Public Services Program Application Fiscal Year –
14 E- Signature Authorization
San Bernardino County
Community Development and Housing
Community Development Block Grant
- Application
Dena Fuentes
Deputy Executive Officer
Gary Hallen
Director
Application Title:

Applicant Name:

In order to comply with all applicable federal grant regulations, a hard-copy of this E-Signature Authorization containing an original wet signature must be filed with the San Bernardino County, Community Development and Housing (CDH) in order for the applicant to electronically sign the Community Development Block Grant (CDBG) application documents online.

This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee (with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.

Authorization Agreement
I am an owner, partner, executive officer, or duly authorized employee of the below-listed applicant and have authority to enter into agreements on behalf of the below-listed applicant. CDH may rely on the receipt of such agreements executed and delivered by facsimile or other electronic means as if the original had been received. The undersigned agrees that the electronic signatures appearing on documents submitted from the below-listed applicant are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By signing this Electronic Signature Authorization Agreement, I authorize the CDH to accept, via electronic submission, documents submitted from the below-listed applicant as required by the CDH's Community Development Block Grant - Funding Application.

I understand that CDH may change the CDBG application system from time to time. I agree that the below-listed applicant will electronically sign all documents requiring a signature related to the CDBG funding application.

My signature on this form certifies that:

I agree that entering my name in the CDBG funding application system constitutes my electronic signature. I understand that any information and documents submitted using my name is electronically certifying my signature. I understand that I am legally bound, obligated, and responsible by use of my electronic signature as much as I would be by my handwritten signature. I agree that I will protect my signature from unauthorized use, and that I will contact CDH immediately, upon discovery that my electronic signature has been compromised. I certify that my electronic signature is for my own use, and that I will not delegate it or share it with any individual.

This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the - CDBG funding cycle or I choose to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/or cancel this request under all circumstances, including my departure or terminated association with the below-listed applicant.

By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:

Non-discrimination:

This organization will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, or sex. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religious observances, rituals or services will not be required as a condition of receiving food, services, or shelter paid for by this grant.

Accountability:

We commit this organization, if a grant is received, to provide all reports to the County as required; to expend monies only on eligible costs; to keep complete documentation (copies of all canceled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years; to spend all funds and close out the program on the required date; to return any unused funds to the County to cooperate with monitoring or site visits, and; to provide complete documentation of expenses to the County, if requested, by the required date.

Morongo Basin Unity Home Inc. 2022 2022 2022 2022 2023 2023 2023 2023 Susanna Barnett

15 Please send the signed copy of this agreement to:

Community Development and Housing
385 North Arrowhead Ave. 3rd Floor, San Bernardino, CA 94215-0043 Attn: Community Development Block Grant Application
Public Services Program Application Fiscal Year –
We affirm that all information in this application is true and correct to the best of our knowledge and that the applicant under our authority will execute its responsibility under the proposed contract and adhere to all other applicable rules and regulations to the fullest extent possible.

Non-collusion:

This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/ herself an advantage over any other proposer.

Applicant Information
Applicant Name:

Application Title:

Agency Name: Federal Tax ID No.:

Mailing Address: Phone No.:

Email Address: Fax No:

Authorized Signature
Print Name: Print Title:

Signature: Date:
12/14/2021 Executive Director [email protected] P.O. Box 966 (760) 366-2643 Morongo Basin Unity Home Inc. (760) 366-9663 2022 2023 Susanna Barnett Susanna Barnett Executive Director Susanna Barnett

Public Services Program Application Fiscal Year –
CDBG Application Checklist
(Non-Profit Organizations Only)
Community-based organizations are required to include one copy of the items listed below. If you are not submitting these items at this time, please notify Community Development and Housing at (909) 387-4705 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency’s current year General Operating Budget o List of agency’s Board of Directors, including names and addresses o Proof of existing non-profit/tax-exempt status (Letters from the Federal Internal Revenue Service and State Franchise Tax Board) o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agencies must be Registered in the System of Award Management (SAM) website.

Agency cannot be funded if they have been debarred in the past. o Provide board minutes/letter that authorizes the executive director or program manager to run the project.

If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file. 16 2022 2023

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Feb 08 2022
SUBJECT: Redistricting Process Required by State Law.

RECOMMENDATION:

The City Council hold a Public Hearing regarding the State-mandated redistricting process, pursuant to Elections Code sections 21607 and 21607.1.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Open the Public Hearing
Receive Public Comment
Close the Public Hearing
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• NDC Power Point
Presentation
• Redistricting Map - Green
• Redistricting Map - Tan
• Redistricting Map - Orange
BACKGROUND:

Following the results of each decennial census, the Elections Code requires the City to hold at least four public hearings, of which this is the third, to discuss the results of the census and its potential impact on the City’s district voting map. (Elec. Code §§ 21607; 21607.1(a).)
DISCUSSION:

The Elections Code requires that two public hearings occur prior to draft maps preparation. Subsequently, two public hearings must occur after draft or proposed maps for redistricting are prepared. A variety of criteria exist for creating districts which, generally speaking, already apply to the City’s existing districts. These criteria will be addressed in a presentation from National Demographics Corporation (NDC). Attached is a power point presentation that will accompany NDC’s presentation which outlines the redistricting process, includes draft maps, and provides demographics and data supporting the draft maps. These draft maps and demographic data from the 2020 Census were posted to City’s website on February 1, 2022.

An issue worthy of specific consideration by the City Council in connection with drawing district boundaries stems from a unique circumstance that exists based on the nature and location of the United States Marine Corps Air Page 177 of 259 Ground Combat Center ("MCAGCC") As will be noted in the NDC presentation, Districts must be population balanced, meaning with 5 districts and based on the most recent census, each district must have a population of approximately 5,500. Previously, based on the 2010 census this number was 5,100. For purposes of the 2020 election, and based on the 2010 census, the MCAGCC population was 9,100, nearly the size of two full districts.

However, due to the transient nature of the MCAGCC, only 612 of these 9,100 people (less than 7%) were registered to vote. The reason for this is presumed to be the fact service members are allowed to keep their voter registration as the place where they were registered when they enlisted, regardless of where they are stationed.

Complicating matters more, active service members are not eligible to serve on the City Council per Marine Corps regulations. Working with MCAGCC staff has been able to estimate that less than 8% of the MCAGCC population that is of voting age is comprised of persons who are not active service members, and hence eligible to serve as elected officials. Indeed, if one were to apply the 8% figure to registered voters, and assume it is proportionate, less than 50 persons living on MCAGCC would be eligible to serve on the Council. [We recognize this may or not be an accurate assumption and is provided for demonstrative purposes only]. Bearing in mind the districting process is required because of the California Voting Rights Act (“CVRA”), and the primary goal of the CVRA is to ensure fair representation of minorities amongst elected Council members, the City is challenged to determine how to address the disparity between MCAGCC population and registered voters, and at the same time take into account the fact only a fraction of the members of the MCAGCC population are even eligible to serve as elected officials.

This issue is complicated further by the geographical location of the MCAGCC. MCAGCC is only contiguous with what would otherwise be a stovepipe shaped narrow portion of the City that was, prior to MCAGCC annexation, the City’s northernmost border. It makes it impossible to simply divide MCAGCC up in a manner where its population is shared evenly with adjacent, geographically contiguous areas of the City; and, at the same time, create Districts that meet the overall required criteria which NDC will discuss, to wit: have balanced populations, do not divide communities of interest, have easily identifiable boundaries, and are compact in the sense they do not bypass one group of people to get to a more distant group of people.

Faced with a situation where there is no perfect solution the Council divided MCAGCC up and assigned each of the 5 voting Districts a share of relatively equal population. This solution avoids a situation where MCAGCC is all or most of two Districts, as would be dictated by its population while at the same time having a population comprised of individuals who not only have not registered to vote but also, and more significantly, are not eligible to serve on the Council. In addition, it avoids a situation where the City draws/adopts maps with “tortured” boundaries that are not easily identifiable and divide up other well-defined communities of interest in a manner such that Districts are not compact.

Dividing MCAGCC makes more sense than dividing other communities to try to create balanced maps. The nature of MCAGCC is such that by definition its population is transient, and dividing it is very different than dividing an established residential neighborhood. Service members are stationed there for various periods of time, but generally speaking, 3 years. It is the norm that a service member stationed at MCAGCC will be deployed elsewhere for 6 out of every 18 months. Hence, there is not a typical sense of community, which the CVRA seeks to protect.

Equally significant, the City annexed MCAGCC subject to a pre-annexation agreement entered between the military and the City, and approved by LAFCO. This agreement prevents the City Council from exercising any of its police powers on MCAGCC. Accordingly, the MCAGCC population is not impacted by City Council decisions which might otherwise affect their neighborhood. It is very different than the type of interest in Council Actions that might exist in a traditional neighborhood, where the CVRA seeks to protect communities of interest so such communities can better influence Council actions that impact their neighborhood.

All of the above is significant because the CVRA provides as one of its criteria that districts must be geographically contiguous “to the extent practicable.” In light of the very unique issues related to MCAGCC, the “to the extent practicable” exception would have no meaning if it did not apply here.

It is worth noting that an alternate solution has been proposed which suggests that the City create 7 voter districts instead of 5. That solution does not address any of the above issues, and rather exacerbates the problem by diluting the population of each district, and thereby making MCAGCC eligible to be all or part of 3 separate districts.

The City would be faced with the exact same challenges noted above under this scenario, and would simply be looking to spread the base population amongst 7 districts instead of 5.

The current census puts the total MCAGCC population at 11,209. This means the base would need to be all or part of three districts based on current balancing requirements of 5,500 persons per district with 5 districts, or 4,100 persons per district with 7 districts. Indeed, the proposed maps presented by the proponents of the 7-district proposal demonstrate the fact this solution makes the issues the City must grapple with worse not better.

One proposed district, identified as district 6, is entirely on the base. The entire 4,116 residents of proposed District 6 live in "military group quarters" (barracks). This means it is a near certainty there are no persons who are not active-duty military. This in turn means there are no persons who could are eligible to hold an elected City Council office. If the proposed map were adopted, a district would exist in which its council seat would remain permanently vacant because no resident would be eligible to hold office.

The other two proposed districts in the 7-district proposal have issues as well. Proposed District 4 would have an estimated population of 3970 living on MCAGCC with 71 living off the base. Proposed District 7 would have an estimated population of 3686 living on MCAGCC with 344 living off the base. This means in each instance the vast majority of the total district population would live on MCGACC. Using the assumption that only 8% of this population is eligible to serve as elected officials, only a small fraction of the population in each district would be eligible to serve on the City Council. While the above numbers are admittedly based on estimates, whatever the actual numbers are it is very clear that the impact of the overwhelming total of the population of these two proposed districts being MCAGCC residents is that the proposed districts are not truly population balanced if population is assumed to be relevant to the number of persons eligible to serve on the City Council.

An additional complication to the 7-district proposal is whether the City Council has the ability to adopt an ordinance to implement it. There is no question that when the initial change to voting by district occurred it was authorized by Ordinance. This is because the provisions of the Election Code that would otherwise going to district voting occur by way of vote of the people are waived (regardless of the number of districts) for conversions to by-district elections where a finding is made that it is occurring “in furtherance of the purposes of the California Voting Rights Act of 2001.” Since the City can achieve compliance with the CVRA with 5 districts, the City would be at risk to a challenge if it were to convert to a 7-district system by Ordinance on the basis that is not done in furtherance of the purposes of the CVRA. To avoid that risk, the City could convert to 7 districts (if the City Council so desired) by putting forth a voter measure. However, such a measure would not be timely in terms of complying with the requirement that the new district boundaries be established by April 2022.

Finally, it has been suggested that a solution to the MCAGCC issue discussed above would be to use a system of districting outside MCAGCC, with the base then being an at large district. Presumably, this means the population balancing issue would be disregarded. That alone is potentially an issue, but more significantly the law does not provide immunity to the City for CVRA violations under a system that includes an at large election component as proposed.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

N/A
FISCAL IMPACT:

There is no additional fiscal impact to this agenda item.

City of Twentynine Palms
Redistricting 2021-2022
2/8/2022 Todd Tatum
National Demographics Corporation

2 Outreach Overview
Outreach and public engagement efforts to date include:
 Created a dedicated website for the redistricting process:
draw29palms.org/
 A virtual community workshop to gather public input on communities of interest and provide a demonstration on the mapping tools  Social media, phone and email outreach promoting educational material on districting, including press releases
 Distributed flyers to encourage public participation at the public hearings
 Ran Facebook advertisements promoting the map submissions process and deadline
 Contacted community-based organizations to inform them of the districting process and how to get involved
 Distributed press releases to local and regional media outlets All content except the virtual workshop recording
is available in English and Spanish.

3 Redistricting Process
*SB 594 would explicitly confirm maps may be adopted by resolution.

Step Description
Two Initial Hearings
July 27 & September 28
Held prior to release of draft maps.

Education and to solicit input on the communities in the Districts.

Census Data Release
Mid/Late August
Census Bureau releases official 2020 Census population data.

California Data
Release
Early October 2021
California Statewide Database releases California’s official ‘prisoner-adjusted’ 2020 redistricting data.

Two Draft Map
Hearings
February 8 & March 8
Two Public Hearings to discuss and revise the draft maps and to discuss the election sequence.

Map Adoption
By April 17, 2022
Final map must be posted at least 7 days prior to adoption.

Map adopted via ordinance.*

4 Equal Population
Federal Voting Rights Act
No Racial Gerrymandering
Minimize voters shifted to
different election years
Respect voters’ choices /
continuity in office
Future population growth
Preserving the core of existing
districts

1. Federal Laws 2. California Criteria for
Cities (rank ordered)

1.Geographically contiguous

2.Undivided neighborhoods and
“communities of interest”
(Socio-economic geographic areas that
should be kept together)

3.Easily identifiable boundaries

4.Compact
(Do not bypass one group of people to
get to a more distant group of people)
Prohibited:
“Shall not favor or discriminate against
a political party.”

3. Other Traditional
Redistricting Principles
Redistricting Rules and Goals

5 Initial Draft Maps
 Three initial draft maps have been developed by NDC,
and 2 draft maps submitted from the Public.
 All of the maps created by NDC have a deviation
under the required 10%.
 NDC Draft Map Tan has a deviation of 4.64%
 NDC Draft Map Orange has a deviation of 3.30%
 NDC Draft Map Green has a deviation of 6.91%
 The Public Map submitted does not meet the criteria
for consideration (7 Districts)
 Existing Districts deviation is 45.74%

6 Demographic Summary of Existing Districts
Twentynine Palms Current Districts
District 1 2 3 4 5 Total
Total Pop 5,361 7,458 4,884 5,403 5,036 28,142
Deviation from ideal -267 1,830 -744 -225 -592 2,574
% Deviation -4.74% 32.52% -13.22% -4.00% -10.52% 45.74% Total Pop
% Hisp 23.1% 24% 25% 25% 25% 24%
% NH White 55% 46% 49% 47% 55% 50%
% NH Black 10% 15% 13% 13% 9% 12%
% Asian-American 6% 9% 6% 8% 6% 7%
Citizen Voting Age Pop
Total 3,503 4,867 3,093 3,522 3,287 18,272
% Hisp 16% 20% 22% 22% 25% 21%
% NH White 68% 61% 57% 58% 54% 60%
% NH Black 7% 8% 11% 13% 10% 10%
% Asian/Pac.Isl. 7% 8% 7% 5% 8% 7%
Voter Registration (Nov
2020)
Total 1,761 1,606 1,658 1,698 1,258 7,981
% Latino est. 14% 16% 18% 16% 17% 16%
% Spanish-Surnamed 14% 15% 18% 15% 16% 16%
% Asian-Surnamed 2% 0% 2% 2% 1% 2%
% Filipino-Surnamed 1% 1% 1% 1% 1% 1%
% NH White est. 72% 73% 64% 66% 66% 68%
% NH Black 6% 5% 12% 11% 9% 9%
Voter Turnout (Nov
2020)
Total 1,285 1,111 1,143 1,241 840 5,620
% Latino est. 13% 14% 16% 14% 16% 15%
% Spanish-Surnamed 13% 14% 16% 14% 16% 15%
% Asian-Surnamed 2% 0% 2% 2% 1% 2%
% Filipino-Surnamed 0% 1% 1% 1% 1% 1%
% NH White est. 72% 74% 66% 66% 66% 69%
% NH Black 6% 4% 11% 11% 8% 8%

7 NDC Draft Map – Tan

8 NDC Draft Map – Tan Demographics
NDC Draft Map - Tan
District 1 2 3 4 5 Total
Total Pop 5,617 5,610 5,803 5,570 5,542 28,142
Deviation from ideal -11 -18 175 -58 -86 261
% Deviation -0.20% -0.32% 3.11% -1.03% -1.53% 4.64%
Total Pop
% Hisp 23.3% 23% 26% 25% 26% 24%
% NH White 55% 48% 49% 47% 52% 50%
% NH Black 9% 15% 12% 14% 10% 12%
% Asian-American 7% 8% 6% 8% 6% 7%
Citizen Voting Age Pop
Total 3,748 3,572 3,577 3,773 3,602 18,272
% Hisp 18% 18% 23% 19% 26% 21%
% NH White 67% 62% 58% 59% 54% 60%
% NH Black 6% 7% 11% 15% 11% 10%
% Asian/Pac.Isl. 7% 10% 7% 6% 6% 7%
Voter Registration (Nov
2020)
Total 1,763 1,606 1,761 1,431 1,420 7,981
% Latino est. 14% 15% 18% 17% 15% 16%
% Spanish-Surnamed 14% 15% 17% 16% 15% 16%
% Asian-Surnamed 2% 0% 2% 2% 1% 2%
% Filipino-Surnamed 0% 1% 1% 0% 0% 1%
% NH White est. 74% 73% 63% 63% 68% 68%
% NH Black 4% 5% 12% 13% 9% 9%
Voter Turnout (Nov
2020)
Total 1,300 1,112 1,221 999 988 5,620
% Latino est. 13% 14% 16% 17% 14% 15%
% Spanish-Surnamed 13% 14% 16% 16% 13% 15%
% Asian-Surnamed 2% 1% 3% 1% 1% 2%
% Filipino-Surnamed 0% 1% 2% 0% 1% 1%
% NH White est. 74% 73% 64% 62% 69% 69%
% NH Black 4% 4% 11% 12% 8% 8%

9 NDC Draft Map – Orange

10 NDC Draft Map – Orange Demographics
NDC Draft Map - Orange
District 1 2 3 4 5 Total
Total Pop 5,515 5,651 5,701 5,690 5,585 28,142
Deviation from ideal -113 23 73 62 -43 186
% Deviation -2.01% 0.41% 1.30% 1.10% -0.76% 3.30%
Total Pop
% Hisp 23.2% 23% 26% 24% 26% 24%
% NH White 55% 48% 49% 47% 52% 50%
% NH Black 10% 14% 12% 14% 10% 12%
% Asian-American 6% 8% 6% 9% 6% 7%
Citizen Voting Age Pop
Total 3,720 3,615 3,499 3,731 3,709 18,272
% Hisp 18% 18% 23% 17% 28% 21%
% NH White 67% 62% 58% 59% 54% 60%
% NH Black 6% 7% 11% 15% 10% 10%
% Asian/Pac.Isl. 6% 10% 6% 8% 5% 7%
Voter Registration (Nov
2020)
Total 1,740 1,622 1,719 1,575 1,325 7,981
% Latino est. 14% 16% 18% 15% 16% 16%
% Spanish-Surnamed 14% 15% 17% 15% 16% 16%
% Asian-Surnamed 2% 1% 2% 1% 2% 2%
% Filipino-Surnamed 0% 1% 1% 0% 0% 1%
% NH White est. 73% 74% 63% 64% 67% 68%
% NH Black 5% 5% 13% 12% 9% 9%
Voter Turnout (Nov
2020)
Total 1,281 1,127 1,188 1,131 893 5,620
% Latino est. 13% 15% 16% 15% 15% 15%
% Spanish-Surnamed 13% 15% 16% 15% 14% 15%
% Asian-Surnamed 2% 1% 2% 1% 1% 2%
% Filipino-Surnamed 0% 1% 2% 0% 1% 1%
% NH White est. 74% 74% 64% 64% 68% 69%
% NH Black 5% 4% 12% 11% 8% 8%

11 NDC Draft Map – Green

12 NDC Draft Map – Green Demographics
NDC Draft Map - Green
District 1 2 3 4 5 Total
Total Pop 5,713 5,591 5,852 5,523 5,463 28,142
Deviation from ideal 85 -37 224 -105 -165 389
% Deviation 1.51% -0.66% 3.98% -1.87% -2.93% 6.91%
Total Pop
% Hisp 23.1% 24% 25% 24% 25% 24%
% NH White 54% 48% 49% 46% 53% 50%
% NH Black 10% 14% 12% 15% 10% 12%
% Asian-American 7% 8% 6% 9% 6% 7%
Citizen Voting Age Pop
Total 3,730 3,671 3,465 3,724 3,681 18,272
% Hisp 17% 19% 22% 22% 25% 21%
% NH White 67% 63% 58% 58% 54% 60%
% NH Black 8% 7% 11% 14% 11% 10%
% Asian/Pac.Isl. 6% 9% 7% 5% 8% 7%
Voter Registration (Nov
2020)
Total 1,756 1,592 1,744 1,638 1,251 7,981
% Latino est. 14% 16% 19% 15% 16% 16%
% Spanish-Surnamed 14% 15% 18% 15% 15% 16%
% Asian-Surnamed 2% 1% 2% 2% 1% 2%
% Filipino-Surnamed 1% 1% 1% 0% 1% 1%
% NH White est. 72% 73% 64% 66% 67% 68%
% NH Black 6% 5% 12% 12% 9% 9%
Voter Turnout (Nov
2020)
Total 1,283 1,111 1,199 1,206 821 5,620
% Latino est. 13% 14% 17% 14% 15% 15%
% Spanish-Surnamed 13% 14% 17% 14% 14% 15%
% Asian-Surnamed 2% 1% 2% 1% 1% 2%
% Filipino-Surnamed 0% 1% 2% 1% 1% 1%
% NH White est. 72% 74% 65% 66% 67% 69%
% NH Black 6% 4% 11% 11% 7% 8%

13 Public Map – 7 Districts
7/20/2021

14 Discussion
 Conduct a Public Hearing
 Any questions on the Draft Maps?
 Provide direction on what map the Council prefers or
new map the Council would like see at the next hearing

15 Share Your Thoughts
Website
www.29palms.org
Phone
(760) 367-6799
Email
[email protected]

3 4
1 2
5 Twenty-Nine
Palms CA
29 Palms Hwy
Sunrise Rd
Lear Ave
Sullivan Rd
Two Mile Rd
Mesa Dr
A
mboy Rd
Sunny Sands Dr
Bull oi n Mountain Rd
Encelia Dr
Mesquite Spr ni gs Rd
Valle Vista Rd
Morongo Rd
Utah Trl
Araby Ave
Adobe Rd
�2021 CALIPER

Green
District 1
Total Pop 5,713
Deviation from ideal 85
% Deviation 1.51%
% Hisp 23.1%
% NH White 54%
% NH Black 10%
% Asian-American 7%
Total 3,730
% Hisp 17%
% NH White 67%
% NH Black 8%
% Asian/Pac.Isl. 6%
Total 1,756
% Latino est. 14%
% Spanish-Surnamed 14%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 72%
% NH Black 6%
Total 1,283
% Latino est. 13%
% Spanish-Surnamed 13%
% Asian-Surnamed 2%
% Filipino-Surnamed 0%
% NH White est. 72%
% NH Black 6%
Total 853
% Latino est. 11%
% Spanish-Surnamed 11%
% Asian-Surnamed 1%
% Filipino-Surnamed 0%
% NH White est. 74%
% NH Black est. 5%
ACS Pop. Est. Total 5,202
age0-19 30%
age20-60 56%
age60plus 14%
immigrants 7%
naturalized 60%
english 85%
spanish 12%
asian-lang 3%
other lang 0%
Language Fluency Speaks Eng. "Less than Very Well" 6%
hs-grad 53%
bachelor 13%
graduatedegree 8%
Child in Household child-under18 35%
Pct of Pop. Age 16+ employed 67%
income 0-25k 24%
income 25-50k 28%
income 50-75k 15%
income 75-200k 30%
income 200k-plus 2%
single family 86%
multi-family 14%
rented 58%
owned 42%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 5,591
-37
-0.66%
24%
48%
14%
8%
3,671
19%
63%
7%
9%
1,592
16%
15%
1%
1%
73%
5%
1,111
14%
14%
1%
1%
74%
4%
674
13%
13%
1%
0%
72%
3%
4,946
31%
58%
10%
8%
70%
86%
7%
6%
0%
4%
59%
16%
8%
36%
75%
20%
28%
20%
30%
1%
95%
5%
51%
49%
3 5,852
224

3.98%
25%
49%
12%
6%
3,465
22%
58%
11%
7%
1,744
19%
18%
2%
1%
64%
12%
1,199
17%
17%
2%
2%
65%
11%
647
11%
11%
1%
1%
68%
11%
5,200
33%
61%
6%
7%
62%
85%
10%
4%
1%
3%
65%
12%
6%
43%
74%
24%
36%
21%
19%
0%
67%
33%
85%
15%
4 5,523
-105
-1.87%
24%
46%
15%
9%
3,724
22%
58%
14%
5%
1,638
15%
15%
2%
0%
66%
12%
1,206
14%
14%
1%
1%
66%
11%
734
12%
12%
1%
0%
66%
11%
5,114
32%
58%
10%
6%
47%
86%
11%
2%
1%
3%
60%
15%
6%
31%
72%
31%
27%
19%
22%
1%
75%
25%
61%
39%
5 5,463
-165
-2.93%
25%
53%
10%
6%
3,681
25%
54%
11%
8%
1,251
16%
15%
1%
1%
67%
9%
821
15%
14%
1%
1%
67%
7%
507
11%
11%
2%
1%
67%
7%
5,490
35%
58%
7%
5%
49%
86%
10%
3%
1%
3%
64%
12%
6%
41%
71%
29%
34%
18%
18%
0%
68%
32%
76%
24%
Total
28,142
389

6.91%
24%
50%
12%
7%
18,272
21%
60%
10%
7%
7,981
16%
16%
2%
1%
68%
9%
5,620
15%
15%
2%
1%
69%
8%
3,415
12%
12%
1%
1%
70%
7%
25,952
32%
58%
10%
7%
59%
85%
10%
3%
1%
4%
60%
14%
7%
38%
72%
26%
31%
19%
23%
1%
77%
23%
68%
32%
02/01/2022 10:02 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

4 3
2 1
5 Twenty-Nine
Palms CA
29 Palms Hwy
Sunrise Rd
Lear Ave
Sullivan Rd
Two Mile Rd
Mesa Dr
A
mboy Rd
Sunny Sands Dr
Bull oi n Mountain Rd
Encelia Dr
Mesquite Springs Rd
Valle Vista Rd
Morongo Rd
Utah Trl
Araby Ave
Adobe Rd
�2021 CALIPER

Tan
District 1
Total Pop 5,617
Deviation from ideal -11
% Deviation -0.20%
% Hisp 23.3%
% NH White 55%
% NH Black 9%
% Asian-American 7%
Total 3,748
% Hisp 18%
% NH White 67%
% NH Black 6%
% Asian/Pac.Isl. 7%
Total 1,763
% Latino est. 14%
% Spanish-Surnamed 14%
% Asian-Surnamed 2%
% Filipino-Surnamed 0%
% NH White est. 74%
% NH Black 4%
Total 1,300
% Latino est. 13%
% Spanish-Surnamed 13%
% Asian-Surnamed 2%
% Filipino-Surnamed 0%
% NH White est. 74%
% NH Black 4%
Total 898
% Latino est. 10%
% Spanish-Surnamed 10%
% Asian-Surnamed 1%
% Filipino-Surnamed 0%
% NH White est. 76%
% NH Black est. 5%
ACS Pop. Est. Total 5,276
age0-19 30%
age20-60 56%
age60plus 14%
immigrants 6%
naturalized 59%
english 85%
spanish 12%
asian-lang 3%
other lang 0%
Language Fluency Speaks Eng. "Less than Very Well" 6%
hs-grad 54%
bachelor 14%
graduatedegree 9%
Child in Household child-under18 37%
Pct of Pop. Age 16+ employed 68%
income 0-25k 19%
income 25-50k 29%
income 50-75k 16%
income 75-200k 33%
income 200k-plus 3%
single family 91%
multi-family 9%
rented 54%
owned 46%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 5,610
-18
-0.32%
23%
48%
15%
8%
3,572
18%
62%
7%
10%
1,606
15%
15%
0%
1%
73%
5%
1,112
14%
14%
1%
1%
73%
4%
658
13%
13%
1%
1%
72%
3%
4,674
30%
60%
10%
9%
74%
86%
8%
6%
0%
4%
61%
14%
8%
32%
76%
19%
26%
26%
29%
0%
95%
5%
55%
45%
3 5,803
175

3.11%
26%
49%
12%
6%
3,577
23%
58%
11%
7%
1,761
18%
17%
2%
1%
63%
12%
1,221
16%
16%
3%
2%
64%
11%
658
11%
11%
1%
1%
66%
12%
5,392
34%
60%
6%
7%
56%
84%
11%
4%
1%
3%
63%
14%
6%
45%
72%
24%
37%
19%
20%
1%
67%
33%
84%
16%
4 5,570
-58
-1.03%
25%
47%
14%
8%
3,773
19%
59%
15%
6%
1,431
17%
16%
2%
0%
63%
13%
999
17%
16%
1%
0%
62%
12%
570
15%
15%
1%
1%
60%
10%
5,084
33%
58%
9%
6%
53%
88%
8%
2%
1%
3%
61%
13%
5%
29%
73%
39%
28%
16%
16%
1%
68%
32%
66%
34%
5 5,542
-86
-1.53%
26%
52%
10%
6%
3,602
26%
54%
11%
6%
1,420
15%
15%
1%
0%
68%
9%
988
14%
13%
1%
1%
69%
8%
631
10%
10%
1%
0%
70%
8%
5,526
34%
57%
9%
6%
46%
85%
11%
3%
1%
3%
62%
14%
6%
41%
70%
28%
33%
18%
20%
1%
71%
29%
74%
26%
Total
28,142
261

4.64%
24%
50%
12%
7%
18,272
21%
60%
10%
7%
7,981
16%
16%
2%
1%
68%
9%
5,620
15%
15%
2%
1%
69%
8%
3,415
12%
12%
1%
1%
70%
7%
25,952
32%
58%
10%
7%
59%
85%
10%
3%
1%
4%
60%
14%
7%
38%
72%
26%
31%
19%
23%
1%
77%
23%
68%
32%
02/01/2022 10:41 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

2 3
4 5
1 Twenty-Nine
Palms CA
29 Palms Hwy
Sunrise Rd
Lear Ave
Sullivan Rd
Two Mile Rd
Mesa Dr
A
mboy Rd
Sunny Sands Dr
Bull oi n Mountain Rd
Encelia Dr
Mesquite Springs Rd
Valle Vista Rd
Morongo Rd
Utah Trl
Adobe Rd
�2021 CALIPER

Orange
District 1
Total Pop 5,515
Deviation from ideal -113
% Deviation -2.01%
% Hisp 23.2%
% NH White 55%
% NH Black 10%
% Asian-American 6%
Total 3,720
% Hisp 18%
% NH White 67%
% NH Black 6%
% Asian/Pac.Isl. 6%
Total 1,740
% Latino est. 14%
% Spanish-Surnamed 14%
% Asian-Surnamed 2%
% Filipino-Surnamed 0%
% NH White est. 73%
% NH Black 5%
Total 1,281
% Latino est. 13%
% Spanish-Surnamed 13%
% Asian-Surnamed 2%
% Filipino-Surnamed 0%
% NH White est. 74%
% NH Black 5%
Total 891
% Latino est. 10%
% Spanish-Surnamed 10%
% Asian-Surnamed 1%
% Filipino-Surnamed 0%
% NH White est. 76%
% NH Black est. 5%
ACS Pop. Est. Total 5,214
age0-19 30%
age20-60 56%
age60plus 14%
immigrants 6%
naturalized 59%
english 84%
spanish 12%
asian-lang 3%
other lang 0%
Language Fluency Speaks Eng. "Less than Very Well" 6%
hs-grad 54%
bachelor 14%
graduatedegree 9%
Child in Household child-under18 37%
Pct of Pop. Age 16+ employed 68%
income 0-25k 18%
income 25-50k 29%
income 50-75k 17%
income 75-200k 33%
income 200k-plus 3%
single family 92%
multi-family 8%
rented 53%
owned 47%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 5,651
23 0.41%
23%
48%
14%
8%
3,615
18%
62%
7%
10%
1,622
16%
15%
1%
1%
74%
5%
1,127
15%
15%
1%
1%
74%
4%
670
14%
14%
1%
1%
73%
2%
4,720
30%
60%
10%
10%
74%
85%
8%
6%
1%
4%
61%
14%
8%
33%
75%
19%
26%
26%
29%
0%
95%
5%
56%
44%
3 5,701
73 1.30%
26%
49%
12%
6%
3,499
23%
58%
11%
6%
1,719
18%
17%
2%
1%
63%
13%
1,188
16%
16%
2%
2%
64%
12%
631
11%
11%
1%
1%
66%
13%
5,283
34%
60%
6%
6%
56%
84%
12%
3%
1%
3%
63%
14%
6%
45%
72%
24%
37%
19%
20%
1%
66%
34%
84%
16%
4 5,690
62 1.10%
24%
47%
14%
9%
3,731
17%
59%
15%
8%
1,575
15%
15%
1%
0%
64%
12%
1,131
15%
15%
1%
0%
64%
11%
666
14%
14%
1%
1%
63%
10%
5,113
33%
57%
10%
6%
53%
89%
7%
2%
1%
3%
60%
14%
5%
28%
73%
39%
26%
15%
18%
1%
75%
25%
59%
41%
5 5,585
-43
-0.76%
26%
52%
10%
6%
3,709
28%
54%
10%
5%
1,325
16%
16%
2%
0%
67%
9%
893
15%
14%
1%
1%
68%
8%
557
11%
11%
1%
1%
68%
7%
5,622
35%
57%
8%
6%
45%
84%
12%
2%
1%
3%
63%
13%
6%
42%
70%
29%
35%
18%
18%
1%
64%
36%
79%
21%
Total
28,142
186

3.30%
24%
50%
12%
7%
18,272
21%
60%
10%
7%
7,981
16%
16%
2%
1%
68%
9%
5,620
15%
15%
2%
1%
69%
8%
3,415
12%
12%
1%
1%
70%
7%
25,952
32%
58%
10%
7%
59%
85%
10%
3%
1%
4%
60%
14%
7%
38%
72%
26%
31%
19%
23%
1%
77%
23%
68%
32%
02/01/2022 10:34 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

STAFF REPORT
TO: City Council
FROM: Information Services Director
FOR MEETING: Feb 08 2022
SUBJECT: Shade Structures at City Hall and Luckie Park
RECOMMENDATION:

The City Council approve the sole source purchase and installation of the Luckie Park bleacher shade structures and the City Hall entrance canopy for a total amount not to exceed $117,000.00 and authorize the City Manager to execute all necessary documents.

ORDER OF PROCEDURE:

Request Staff Report (IS Director Presenting)
Council Questions of Staff
Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• USA Shade Proposal - City
Hall Entry Canopy 2022_01_05
12-27
• Option 1 - 20ft x 20ft Wave
Structure
• Option 2 - 20ft x 40ft Joined
Waves
• USA Shade Proposal -
Bleacher Shade Structures
• Q-016470_sales_drawing
BACKGROUND:

City Hall: In effort to enhance ADA Compliance and Energy Efficiency, Staff is recommending the removal of the exterior glass enclosure at the front entrance of City Hall. This enclosure is very old and deteriorating. This enclosure in its current form restricts ADA access, and the cost to upgrade exceeds its purpose. To provide energy efficiency and enhance the aesthetics of the facility, Staff is recommending the addition of two 20x20 shades sails extending from the entrance to the east. These sails will provide UV and rain protection to the entrance area. Two options have been brought forward in the bid documents; Option 1 is a single 20x20 shade sail and Option 2 is a double 20x20 shade sail (see bid documents attached). Staff is recommending option 2

both for functionality and appearance. Option 2 provides the greatest amount of UV protection as it doubles the shade surface area.

Cost Breakdown:

Option 2 Shade Structure $ 43,973.97*
Move Flagpole $ 500.00
Remove glass entrance $ 2,500.00
Total Cost: $ 46,973.97
*Option 1 would reduce the project cost by $18,822.69.

Luckie Park: As part of our ongoing efforts to provide outdoor recreation opportunities, Staff is recommending the addition of shade structures over the baseball/softball field bleachers in Luckie Park. A single shade structure design will be used in all locations to reduce engineering costs. This design is a 20x20 shade structure. The two fields on the East side of the park will receive individual shade structures over the existing bleachers. The two fields on the West side of the park will share a single shade structure as the bleachers are located next to each other. The fields on the West side of the park also need additional concrete work to achieve ADA access.

Cost Breakdown:
3- 20x20 Shade Structures $ 58,833.02
Concrete ADA Enhancement $ 10,000.00
Sprinkler relocation $ 500.00
Total Cost: $ 69,333.02
Bid Process: For this project, a formal bid process is not required as we are utilizing an existing Sourcewell contract. Sourcewell is authorized by statute to establish competitively awarded cooperative purchasing agreements for use by government, education, and non-profit entities. These contracts are created to allow these entities to work more efficiently by streamlining the procurement process. All employees of Sourcewell are government employees. Sourcewell conducts the bidding process with detailed requirements in all solicitations, a rigorous evaluation and review process, and provides all documentation with each contract. Sourcewell is one of many cooperative purchasing agreements City Staff utilize to bring efficiency to our procurement process.

ENVIRONMENTAL:

None
ALTERNATIVES:

The Council choose to add, delete, or modify the installation, or parts of it.

FISCAL IMPACT:

As discussed in the mid-year financial review, the City, through its surplus created by ARPA (American Rescue Plan Act), will used these funds for these improvements.

www.usa-shade.com | 800-966-5005
6136 Adobe Road
Twentynine Palms, CA 92277
AZ: 289388 CA: 989458 LA: 61718 NV:78724
NM: 383826 TN: 68712 DIR: 1000003533
City Hall Entry Canopy
1/5/2022
Proposal Valid for 15 Days
Proposal is based on Sourcewell Contract #01-0521
Proposal Prepared For:

City of Twentynine Palms

Date: 1/5/2022
Purchaser: Contact: Sales Rep:

Project Name: Phone: Phone:

Quote No: Email: Email:

PO No: Fax: Fax:

Contact: Contact: Contact:

Phone Phone Phone
Email: Email: Email:

Fax: Fax: Fax:

CORPORATE ADDRESS: REMITTANCE ADDRESS:
2580 Esters Blvd., Suite 100 P.O. Box 734158
DFW Airport, TX 75261 Dallas, TX 75373-4158
SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS:
1085 N. Main Street, Suite C 927 Enterprise Way, Suite A 2452 W. Birchwood Ave, Suite 112 6225 S. Valley View Blvd., Suite I Orange, CA 92867 Napa, CA 94558 Mesa, AZ 85202 Las Vegas, NV 89118 NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.

MAILING ADDRESS:

P.O. Box 3467
Coppel, TX 75019
(760) 409-0758 (714) 427-6981 (760) 409-0758
[email protected] [email protected] [email protected] 92277 92867 92277
Elijah Marshall Construction Dept. Elijah Marshall
Twentynine Palms Orange Twentynine Palms

CA CA CA
City of Twentynine Palms SOUTHERN CALIFORNIA City of Twentynine Palms 6136 Adobe Road 1085 N. Main Street, Suite C 6136 Adobe Road (214) 905-9514
Billing Information: Shipping Information: Jobsite Information:

City Hall Entry Canopy (760) 409-0758 (760) 250-7824
02010522AAD [email protected] [email protected] Proposal for USA SHADE & Fabric Structures
Project Information: Sales Information:

City of Twentynine Palms Elijah Marshall Ashley Donde
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 204 of 259 Structure Pricing

UNIT IMAGE
Unit Quantity: 1 Foundations By USA Shade
Unit Type: Wave Grout Installation USA Shade
Structure Size: 20ft x 20ft Footing Type: Drilled Pier
USA Shade Model Number 404.5 Base Attachment: PIH - Embed Entry Height: 8ft / 16ft Anchor Bolts: N/A
No of Columns: 4 (2x 5ft Cantilever arms) Concrete Cutting: Included No of Fabric Tops: 1 Dirt Removal: Included
Fabric Type: Colourshade_FR Surface Type: Concrete / Dirt Fabric Color: Blue NOTES
Steel Finish: Powder Coated
Steel Color: Beige
PRICE Electrical Provisions: N/A
Cable/HDW Finish: Galvanized
Concept No:

UNIT IMAGE
Unit Quantity: 1 Foundations By USA Shade
Unit Type: Wave Grout Installation USA Shade
Structure Size: 20ft x 40ft Footing Type: Drilled Pier
USA Shade Model Number 604.5 Base Attachment: PIH - Embed Entry Height: 8ft / 16ft Anchor Bolts: N/A
No of Columns: 6 (2x 5ft Cantilever arms) Concrete Cutting: Included No of Fabric Tops: 2 Dirt Removal: Included
Fabric Type: Colourshade_FR Surface Type: Concrete / Dirt Fabric Color: Blue NOTES
Steel Finish: Powder Coated
Steel Color: Beige
PRICE Electrical Provisions: N/A
Cable/HDW Finish: Galvanized
Concept No:

UNIT DETAILS
Approx. 18" to 24" slope - grade to be surveyed.

Client responsible to removal/relocation of flag pole
$ 43,973.97
Design Option 1.

UNIT DETAILS
Approx. 18" to 24" slope - grade to be surveyed.

Client responsible to removal/relocation of flag pole
$ 25,151.28
Design Option 2.
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533Page 205 of 259

QTY COST
PO
100%
Progress Billing
CBC 2019
120 mph
5 psf
Electronic
1 Yes

INCLUDED EXCLUDED INCLUDED EXCLUDED
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Design and Engineering of Foundation Demolition (Existing Structures) Reactions and Loads for attachment to Walls, Rooftops, or Other Payment and Performance Bonds Foundation Location and Elevation Survey Special Inspection Fees Permit Fee Fencing
DSA Submittal & Fees water and Electrical
Design and Engineering of Structure Landscape Repair

INCLUSIONS / EXCLUSIONS

ENGINEERING REQUIREMENTS INSTALLATION - MISCELLANEOUS
Sealed Drawings & Calculations Prevailing Wage / Certified Payroll Permit Submittal Union Wages
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel , fabric, and concrete. Proposal pricing is only valid for 15 Days due to the fluctuation in steel pricing.

Due to recent significant increases experienced in raw steel and fabric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final sizing can be determined.

ENGINEERING REQUIREMENTS NOTES
Building Code
Client to provide permits.

Wind Load
Snow Load
Drawing Size
No. of Sealed Drawings
Calculations Required
Engineering Included
Pricing does not include the cost for payment or performance bonds, should these be required, please add 1.5% to the Total. Installation Included

TOTAL PRICE
SUBTOTAL (4) Other (specify):

Sales Tax (7.75%) Included NOTES:

Accessories/Miscellaneous Included (2) Upon delivery of Unit(s) Shipping/Handling Included (3) Upon completion of assembly/installation TOTAL FOR ACCESS/MISC ITEMS:

PRICINGTOTALS: PAYMENT TERMS:

Unit Total Included (1) Upon execution of the Agreement (Deposit) ACCESS/MISC.

ITEM DETAILS

1)
2)
3)
4)
Proposal: The above proposal is valid for 1 Year from the date first set forth above. After 30 days, we reserve the right to increase prices due to the rise in cost of raw materials, fuel, or other cost increases. When applicable, USA SHADE & Fabric Structures reserves the right to implement a surcharge for significant increases in raw materials, including, but not limited to; fuel, steel, and concrete. Due to the duration of time between proposals, contracts, and final installation, USA SHADE & Fabric Structures reserves the right to implement this surcharge, when applicable.

Purchase: By executing this proposal, or submitting a purchase order pursuant to this proposal (which shall incorporate the terms of this agreement specifically by reference) which is accepted by USA SHADE & Fabric Structures (the “Company”), the purchaser identified above (“you” or the “Purchaser”) agrees to purchase Shade Structures brand shade structures (“Structures”) and the services to be provided by the Company, as detailed in the “Structure Pricing” and “General Scope of Work” sections of this agreement, above, or in the relevant purchase order accepted by the Company, for use by Purchaser or for installation by Company or Purchaser on behalf of a third-party who will be the ultimate owner of the Structures (the ultimate owner of a Structure, whether Purchaser or a third-party, being the “Owner”).

Short Ship Claims: Purchaser has 15 days from receipt of the structures to file a short ship report in writing to its sales representative. Company will not honor claims made after this time.

Standard Exclusions: Unless specifically included under the “General Scope of Work” section above, this agreement does not include, and Company will not provide, services, labor, or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; (d) repair of concealed underground utilities not located on prints supplied to Company by Owner during the bidding process, or physically staked out by Owner, and which are damaged during construction during normal course of construction. 6) Barricades and public security requirements are not included. 7) Unless specifically included in this proposal, this agreement does not include, and Company will not provide, services, labor, or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; or (d) repair of damage to existing surfaces that may occur when construction equipment and vehicles are being used in the normal course of construction. 8) Pricing for foundation design is based on drilled pier footings. In the event the geotechnical report requires an alternate configuration, any additional costs incurred will be submitted to the client by a Change Order. 9) Digging of our foundations will not be constrained by any existing concrete or utilities. USA SHADE will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation. 10) Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair, resulting in delay, will result in additional charges unless they are detailed on as-built site drawings provided to USA SHADE or marked on the ground and communicated to USA SHADE in writing prior to installation.

GENERAL TERMS & CONDITIONS AND WARRANTY
Construction Assumptions
1) The designated area for our structures will be accessible by drive-up for unloading of our trucks and equipment, including personnel man-lifts, forklifts, etc. Should a crane be required and direct access not available, additional costs for such will be submitted by a Change Order. 2) Our pricing is based on the ability to perform all of our work with clear, sequential, and continuous access without interruption during normal daytime working hours. We have assumed one mobilization for the installation of foundations, steel and fabric; if additional mobilizations are required, there will be an additional charge. We will require exclusive access to the area for our work during the construction process. 3) Our pricing does not include daily site delays accessing the work areas. USA SHADE will submit a Change Order for any delays caused by other trades which interfere or cause us to stop working.
4) We will require site sanitary facilities and refuse containers by others within 200 feet of our work. 5) USA SHADE will leave its work and materials in a clean condition at the conclusion of our work. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 207 of 259 5)
6)
7)
8)
9)
10)
11)
12) Concealed Conditions: ”Concealed conditions” include, without limitation, water, gas, sprinkler, electrical and sewage lines, post tension cables, and steel rebar. This agreement is based solely on observations the Company was able to make either by visual inspection or by drawings and/or plans submitted by Owner at the time this agreement was bid. If additional Concealed Conditions are discovered once work has commenced, which were not visible at the time this proposal was bid, Company will stop work and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a Change Order for any additional work. In any event, any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water, hard rock (such as limestone, caliche, etc.), rocks larger than 4 inches in diameter, or any other condition that will require additional labor, equipment and/or materials not specified by the Purchaser or Owner in the bidding process. Any condition requiring additional labor, equipment, and/or materials to complete the drilling or concrete operations will require a Change Order before Company will complete the process. Price quotes are based on a drilled pier footing. Any variation will incur additional charges (i.e. spread footings, concrete mat, sand, water, landfill, etc.). Costs for footing and installation do not include any allowance for extending below frost lines (the additional costs for which vary by geographical region).

Insurance Requirements: Company is not required to provide any insurance coverage in excess of Company’s standard insurance. A copy of the Company’s standard insurance is available for your review prior to acceptance of the Company’s proposal.

Payment: Terms of payment are defined in the “Pricing Details” section and are specific to this contract. For purposes of this agreement, “Completion” is defined as being the point at which the Structure is suitable for its intended use, the issue of occupancy consent, or a final building department approval is issued, whichever occurs first. Progress billing and payment will be required. All payments must be made to Shade Structures, Inc., P.O. Box 734158, Dallas, TX 75373-4158. Company may use all remedies available to it under current laws including, but not limited to, filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt.

Lien Releases: Upon request by Owner, Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to receiving final payment from Purchaser or Owner. Company will provide a full release of liens upon receipt of final payment. In accordance with state laws, Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens.

Site Plan Approval, Permit/s, Permit Fees, Plans, Engineering Drawings, and Surveying: Site plan approval, permits, permit fees, plans, engineering drawings, and surveying are specifically excluded from this agreement and the Services unless specified under the “General Scope of Work”. The Company does not in any way warrant or represent that a permit or site plan approval for construction will be obtained. Sealed engineered drawings that are required but not included in the “General Scope of Work” will result in an additional cost to Purchaser.

Manufacturing & Delivery: Manufacturing lead-time from Company’s receipt of the “Notice To Proceed” is approximately 6 to 8 weeks for standard structures, and 8 to 12 weeks for custom structures. Delivery is approximately 1 week thereafter. Delivery of structures may be prior to or at start of assembly. Please note that these timelines do not include approval or permitting timeframes.

Returned Product, Deposits, and/or Cancelled Order: Within the first 45 days after shipment from our facility, all returned product(s) and cancelled orders are subject to a 50% restocking fee. No returns are available following this 45 day period. All deposits are non-refundable. All expenses incurred (engineering, site surveys, shipping, handling, etc.) are the responsibility of the Purchaser, up to notice of cancellation.

Bonding Guidelines: If Purchaser will use or provide the Structures and Services for an Owner other than Purchaser (including, without limitation, as a subcontractor of Purchaser), Purchaser will include the following statement in Purchaser’s contract with Owner:
“The manufacturer’s warranty for the Shade Structures brand shade structures is a separate document between USA SHADE & Fabric Structures and the ultimate owner of the Shade Structures brand shade structures, which will be provided to the ultimate owner at the time of completion of the installation and other services to be provided by USA SHADE & Fabric Structures. Due to surety requirements, any performance and/or payment bond will cover only the first year of the USA SHADE & Fabric Structures warranty.” www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 208 of 259 13)
14)
15)
•
•
•
•
• Sewing thread is warranted for ten years.

All steel surface finishes are warranted for one year.

Shadesure™, Colourshade® FR, eXtreme 32™, Commercial 95™, SaFRshade™, and Monotec 370™ fabrics all carry a ten year limited manufacturer’s warranty against failure from significant fading, deterioration, breakdown, outdoor heat, cold, or discoloration. Should the fabric need to be replaced under the warranty, the Company will manufacture and ship a new replacement fabric at no charge for the first six years, thereafter pro-rated at 20% per year over the remaining four years. The following are exceptions to the preceding warranty terms:
o Shadesure™ fabrics in Red, Yellow, Atomic Orange, Electric Purple, Zesty Lime, Cinnamon, Olive, and Mulberry carry a five year pro-rated o Fabric tops attached to Coolbrella™ structures carry a three year warranty; o Individual fabric tops measuring greater than 40’ in length are covered by a non-prorated five year warranty; o Precontraint 502™ waterproof membrane is subject to an eight year pro-rated warranty.

Changes in the Work: During the course of this project, Purchaser may order changes in the work (both additions and deletions). Additionally, an approving agency may require changes in the work from the original design or engineering quoted and provided by the Company (both additions and deletions.) The cost of these changes will be determined by the Company, and a Change Order form must be completed and signed by both the Purchaser and the Company, which will detail the “General Scope of the Change Order”. Should any Change Order be essential to the completion of the project, and the Purchaser refuses to authorize such Change Order, then Company will be deemed to have performed its part of the project, and the project and services will be terminated. Upon such termination, Company will submit a final billing to Purchaser for payment, less a labor allowance for work not performed but including additional charges incurred due to the stoppage. No credit will be allowed for materials sold and supplied, which will remain the property of the Purchaser.

Indemnification: To the fullest extent permitted by law, Purchaser shall indemnify, defend, and hold harmless the Company and its consultants, agents, and employees or any of them from and against claims, damages, losses and expenses, including, but not limited to, attorneys’ fees related to the installation of the Structure or performance of the services, provided that such claim, damage, loss, or expense is attributable to bodily injury to, sickness, disease, or death of a person, or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents, employees, or subcontractors, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in Section 15.

Statement of Limited Warranty:

The structural integrity of all supplied steel is warranted for ten years.

If assembly is provided by the Company, workmanship of the structure is covered for one year, including labor for the removal of any failed part, disassembly (if necessary), cost of shipping, and reassembly. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 209 of 259 •
•
•
•
•
•
•
•
•
•
•
Commercial 95™ and SaFRshade™ are registered trademarks of Gale Pacific USA Inc.

Monotec 370™ is a registered trademark of PRO-KNIT Industries Pty. Ltd.

Precontraint 502™ is a registered trademark of Serge Ferrari North America, Inc. o workmanship related to assembly not provided by the Company or its agents; o fabric curtains, valances, and flat vertical panels;
o fabric tops installed on structures that were not engineered and originally supplied by the Company.

THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, LIQUIDATED, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS

OF REVENUE, PROFIT, USE OR GOODWILL, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING

OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT OR SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE FOR ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY.

THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE COMPANY’S PRODUCTS AND SERVICES, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. PURCHASER, BY ACCEPTANCE AND USE OF THIS

LIMITED WARRANTY, WAIVES ANY RIGHTS IT WOULD OTHERWISE HAVE TO CLAIM OR ASSERT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.

Colourshade ® and eXtreme 32™ are registered trademarks of Multiknit Pty. Ltd.

These limited warranties do not cover defects and/or damages caused by:
o normal wear and tear;
o misuse, willful or intentional damage, vandalism, contact with chemicals, cuts and Acts of God (i.e. tornado, hurricane, micro/macros burst, earthquake, wildfires, etc.);
o ice, snow or wind loads in excess of the designed load parameters engineered for the supplied structures; o use, maintenance, neglect, repair, and/or service inconsistent with the Company’s written care and maintenance instructions, provided with the order.

The limited warranties explicitly exclude:

All warranty claims covering Company supplied structures, products, and services must be submitted by Purchaser or Owner in writing to the Company within thirty days from the date of discovery of the alleged defect and must include a detailed description and applicable photographs of the alleged defect or problem. Warranty claims should be submitted by email to [email protected].

Purchaser or Owner agrees that venue for any court action to enforce these limited warranties shall be in the City or County of Dallas in the State of Texas, USA.

These limited warranties are void if:
o the supplied structures, products, services and/or labor are not paid for in full; o the structures are not assembled in strict compliance with USA SHADE specifications; o any changes, modifications, additions, or attachments are made to the structures in any way, without prior written approval from the Company.

Specifically, no signs, objects, fans, light fixtures, etc. may be hung from the structures, unless specifically engineered by the Company.

General Limited Warranty Terms and Conditions
These limited warranties are effective from the date of sale, or, if assembly is provided by the Company, upon receipt by Company from Purchaser of a completed and signed “Customer Checklist and Sign-off” form.

In its sole discretion, the Company will repair and or/replace defective structures, products or workmanship, or refund that portion of the price related to the defective product, labor, or service rendered.

The Company reserves the right, in cases where certain fabric colors have been discontinued, to offer the Purchaser or Owner a choice of available alternative colors to replace the warranted fabric. The Company does not guarantee that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued fabric color.

Should the Purchaser or Owner sell the structures to another party, the warranty cannot be transferred to the new owner without a complete and thorough on-site inspection performed by a Company representative. Please contact the Company at [email protected] for more details. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 210 of 259 16) Assembly/Installation:
•
•
•
•
•
•
17)
18)
19)
20)
21)
22)
23)
24)
25)
26) Assignment: Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of Company. The agreement shall be binding upon and insure to the benefit of the Company and the Purchaser, and their successors and permitted assigns.

Delegation: Subcontractors: The services and the manufacturing and assembly of the structures may be performed by subcontractors under appropriate agreements with the Company.

Force Majeure: Impracticability: The Company shall not be charged with any loss or damage for failure or delay in delivering or assembling of the structures when such failure or delay is due to any cause beyond the control of the Company, due to compliance with governmental regulations or orders, or due to any Acts of God, strikes, lockouts, slowdowns, wars, or shortages in transportation, materials or labor.

Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Dallas, TX by a single arbitrator selected by the parties or by the American Arbitration Association, and conducted in accordance with the construction industry arbitration rules. Judgment upon the award may be entered in any court having jurisdiction thereof.

Entire Agreement; No Reliance: This agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein, including without limitation any statements as to the structures, warranties, or services provided hereunder.

No Third-Party Beneficiaries: This agreement creates no third-party rights or obligations between Company and any other person, including any Owner who is not also a Purchaser. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this agreement.

Governing Law: The agreement will be construed and enforced in accordance with the laws of the State of Texas.

If the requested services require Company access to Owner’s premises, Company will be provided access to the Owner’s premises free and clear of debris, automobiles, or other interference Monday ~ Friday during the hours of 8:00am to 6:00pm, and Company will have access to water and electrical facilities during installation. Additional charges will apply if utilities are not easily accessible. Where applicable, all vehicles will be moved prior to Company’s crew beginning any installation.

Company will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation.

Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair resulting in delay will result in additional charges unless they are detailed on as-built site drawings provided to Company or marked on the ground and communicated to Company in writing prior to fabrication and installation.

Installation/Assembly on-site: Where installation/assembly is part of the services, Purchaser must provide the Company with a detailed drawing prepared by or for the Owner showing exactly where the structures are to be assembled as well as detailing any obstacles or other impediments that may cause the assembly process to be more difficult. Any fixture(s), e.g., playground, pools, etc., that the structures are to be assembled over must also be detailed, along with their peak heights (if applicable).

Site/Use Review by Purchaser: Company relies on the Purchaser to determine that the structures ordered are appropriate and safe for the Owner’s installation site and/or intended use. Company is not responsible for damages or injuries resulting from collisions by moving objects or persons with the structure post(s). Company can recommend, or supply at additional cost, padding for posts from a third party manufacturer.

Preparatory Work: Where installation/assembly is part of the services and in the event that the foundation or job site is not suitable or ready for assembly to begin on the scheduled day, a Delay of Order notification must be sent to Company at least 4 working days prior, in order to allow Company to reschedule the project. In the event that Company is not notified and incurs an expense in attempting to execute the assembly, a re-mobilization charge may be charged to Purchaser before Company will reschedule the assembly.

Company will notify Purchaser of the scheduled assembly date. Owner agrees to have an owner representative meet the assembly crew at the job site on the scheduled assembly date to verify the exact location where the structure(s) is to be placed.

Labor for the removal, assembly, and/or freight charges will only be covered by Company in instances where the structures supplied and installed by Company are determined by the Company to be defective. In all cases where structures are not installed by Company, all labor for the removal, assembly, and/or freight of the structures will be the Purchaser’s responsibility.

Installation prices are based on a single mobilization charge. If additional mobilizations are required, there will be additional charges. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 211 of 259 PURCHASER: SELLER:

City of Twentynine Palms Shade Structures, Inc. DBA USA Shade Signature: Signature:

By: (Print) By: (Print)
Title: Title:

Date: Date:

Executed to be effective as of the date executed by the Company:

NOTE: FOR ANY PURCHASE EQUAL TO OR EXCEEDING $100,000.00 USD, NO WORK, OTHER THAN PRE-WORK, SHALL BE UNDERTAKEN WITHOUT A MUTUALLY ACCEPTABLE AND SIGNED CONSTRUCTION CONTRACT.

NOTE: All purchase orders and contracts should be drafted in the name of Shade Structures, Inc.
www.usa-shade.com 800-966-5005
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www.usa-shade.com | 800-966-5005
6136 Adobe Road
Twentynine Palms, CA 92277
AZ: 289388 CA: 989458 LA: 61718 NV:78724
NM: 383826 TN: 68712 DIR: 1000003533
Bleacher Shade Structures
2/2/2022
Proposal Valid for 15 Days
Proposal is based on Sourcewell Contract #01-0521
Proposal Prepared For:

City of Twentynine Palms

Date: 2/2/2022
Purchaser: Contact: Sales Rep:

Project Name: Phone: Phone:

Quote No: Email: Email:

PO No: Fax: Fax:

Contact: Contact: Contact:

Phone Phone Phone
Email: Email: Email:

Fax: Fax: Fax:

CORPORATE ADDRESS: REMITTANCE ADDRESS:
2580 Esters Blvd., Suite 100 P.O. Box 734158
DFW Airport, TX 75261 Dallas, TX 75373-4158
SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS:
1085 N. Main Street, Suite C 927 Enterprise Way, Suite A 2452 W. Birchwood Ave, Suite 112 6225 S. Valley View Blvd., Suite I Orange, CA 92867 Napa, CA 94558 Mesa, AZ 85202 Las Vegas, NV 89118 NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.

MAILING ADDRESS:

P.O. Box 3467
Coppel, TX 75019
(760) 409-0758 (714) 427-6981 (760) 409-0758
[email protected] [email protected] [email protected] 92277 92867 92277
Elijah Marshall Construction Dept. Elijah Marshall
Twentynine Palms Orange Twentynine Palms

CA CA CA
City of Twentynine Palms SOUTHERN CALIFORNIA Luckie Park 6136 Adobe Road 1085 N. Main Street, Suite C 5885 Luckie Ave (214) 905-9514
Billing Information: Shipping Information: Jobsite Information:

Bleacher Shade Structures (760) 409-0758 (760) 250-7824 03010522AAD [email protected] [email protected] Proposal for USA SHADE & Fabric Structures
Project Information: Sales Information:

City of Twentynine Palms Elijah Marshall Ashley Donde
www.usa-shade.com 800-966-5005
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UNIT IMAGE
Unit Quantity: 3 Foundations By USA Shade
Unit Type: Hip Grout Installation USA Shade
Structure Size: 20ft x 20ft Footing Type: Drilled Pier
USA Shade Model Number 401.5 Base Attachment: PIH - Embed Entry Height: 11ft Anchor Bolts: N/A
No of Columns: 4 each Concrete Cutting: Included
No of Fabric Tops: 1 each Dirt Removal: Included
Fabric Type: Colourshade_FR Surface Type: Concrete / Dirt Fabric Color: Green NOTES
Steel Finish: Powder Coated
Steel Color: White
PRICE Electrical Provisions: N/A
Cable/HDW Finish: Galvanized
Concept No:

Design Option 1.

UNIT DETAILS
5 Posts with concrete saw cutting. Client to move
bleachers prior to installation. Please turn off
sprinklers at least 1 week prior to installation.
$ 58,833.02
www.usa-shade.com 800-966-5005
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QTY COST
PO
100%
Progress Billing
CBC 2019
120 mph
5 psf
Electronic
1 Yes

INCLUDED EXCLUDED INCLUDED EXCLUDED
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Design and Engineering of Foundation Demolition (Existing Structures) Reactions and Loads for attachment to Walls, Rooftops, or Other Payment and Performance Bonds Foundation Location and Elevation Survey Special Inspection Fees Permit Fee Fencing
DSA Submittal & Fees water and Electrical
Design and Engineering of Structure Landscape Repair

INCLUSIONS / EXCLUSIONS

ENGINEERING REQUIREMENTS INSTALLATION - MISCELLANEOUS
Sealed Drawings & Calculations Prevailing Wage / Certified Payroll Permit Submittal Union Wages
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel , fabric, and concrete. Proposal pricing is only valid for 15 Days due to the fluctuation in steel pricing.

Due to recent significant increases experienced in raw steel and fabric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final sizing can be determined.

ENGINEERING REQUIREMENTS NOTES
Building Code
Client to provide permits.

Wind Load
Snow Load
Drawing Size
No. of Sealed Drawings
Calculations Required
Engineering Included
Pricing does not include the cost for payment or performance bonds, should these be required, please add 1.5% to the Total. Installation Included
TOTAL PRICE $ 58,833.02
SUBTOTAL (4) Other (specify):

Sales Tax (7.75%) Included NOTES:

Accessories/Miscellaneous Included (2) Upon delivery of Unit(s) Shipping/Handling Included (3) Upon completion of assembly/installation TOTAL FOR ACCESS/MISC ITEMS:

PRICINGTOTALS: PAYMENT TERMS:

Unit Total Included (1) Upon execution of the Agreement (Deposit) ACCESS/MISC.

ITEM DETAILS

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Proposal: The above proposal is valid for 1 Year from the date first set forth above. After 30 days, we reserve the right to increase prices due to the rise in cost of raw materials, fuel, or other cost increases. When applicable, USA SHADE & Fabric Structures reserves the right to implement a surcharge for significant increases in raw materials, including, but not limited to; fuel, steel, and concrete. Due to the duration of time between proposals, contracts, and final installation, USA SHADE & Fabric Structures reserves the right to implement this surcharge, when applicable.

Purchase: By executing this proposal, or submitting a purchase order pursuant to this proposal (which shall incorporate the terms of this agreement specifically by reference) which is accepted by USA SHADE & Fabric Structures (the “Company”), the purchaser identified above (“you” or the “Purchaser”) agrees to purchase Shade Structures brand shade structures (“Structures”) and the services to be provided by the Company, as detailed in the “Structure Pricing” and “General Scope of Work” sections of this agreement, above, or in the relevant purchase order accepted by the Company, for use by Purchaser or for installation by Company or Purchaser on behalf of a third-party who will be the ultimate owner of the Structures (the ultimate owner of a Structure, whether Purchaser or a third-party, being the “Owner”).

Short Ship Claims: Purchaser has 15 days from receipt of the structures to file a short ship report in writing to its sales representative. Company will not honor claims made after this time.

Standard Exclusions: Unless specifically included under the “General Scope of Work” section above, this agreement does not include, and Company will not provide, services, labor, or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; (d) repair of concealed underground utilities not located on prints supplied to Company by Owner during the bidding process, or physically staked out by Owner, and which are damaged during construction during normal course of construction. 6) Barricades and public security requirements are not included. 7) Unless specifically included in this proposal, this agreement does not include, and Company will not provide, services, labor, or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; or (d) repair of damage to existing surfaces that may occur when construction equipment and vehicles are being used in the normal course of construction. 8) Pricing for foundation design is based on drilled pier footings. In the event the geotechnical report requires an alternate configuration, any additional costs incurred will be submitted to the client by a Change Order. 9) Digging of our foundations will not be constrained by any existing concrete or utilities. USA SHADE will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation. 10) Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair, resulting in delay, will result in additional charges unless they are detailed on as-built site drawings provided to USA SHADE or marked on the ground and communicated to USA SHADE in writing prior to installation.

GENERAL TERMS & CONDITIONS AND WARRANTY
Construction Assumptions
1) The designated area for our structures will be accessible by drive-up for unloading of our trucks and equipment, including personnel man-lifts, forklifts, etc. Should a crane be required and direct access not available, additional costs for such will be submitted by a Change Order. 2) Our pricing is based on the ability to perform all of our work with clear, sequential, and continuous access without interruption during normal daytime working hours. We have assumed one mobilization for the installation of foundations, steel and fabric; if additional mobilizations are required, there will be an additional charge. We will require exclusive access to the area for our work during the construction process. 3) Our pricing does not include daily site delays accessing the work areas. USA SHADE will submit a Change Order for any delays caused by other trades which interfere or cause us to stop working.
4) We will require site sanitary facilities and refuse containers by others within 200 feet of our work. 5) USA SHADE will leave its work and materials in a clean condition at the conclusion of our work. www.usa-shade.com 800-966-5005
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12) Concealed Conditions: ”Concealed conditions” include, without limitation, water, gas, sprinkler, electrical and sewage lines, post tension cables, and steel rebar. This agreement is based solely on observations the Company was able to make either by visual inspection or by drawings and/or plans submitted by Owner at the time this agreement was bid. If additional Concealed Conditions are discovered once work has commenced, which were not visible at the time this proposal was bid, Company will stop work and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a Change Order for any additional work. In any event, any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water, hard rock (such as limestone, caliche, etc.), rocks larger than 4 inches in diameter, or any other condition that will require additional labor, equipment and/or materials not specified by the Purchaser or Owner in the bidding process. Any condition requiring additional labor, equipment, and/or materials to complete the drilling or concrete operations will require a Change Order before Company will complete the process. Price quotes are based on a drilled pier footing. Any variation will incur additional charges (i.e. spread footings, concrete mat, sand, water, landfill, etc.). Costs for footing and installation do not include any allowance for extending below frost lines (the additional costs for which vary by geographical region).

Insurance Requirements: Company is not required to provide any insurance coverage in excess of Company’s standard insurance. A copy of the Company’s standard insurance is available for your review prior to acceptance of the Company’s proposal.

Payment: Terms of payment are defined in the “Pricing Details” section and are specific to this contract. For purposes of this agreement, “Completion” is defined as being the point at which the Structure is suitable for its intended use, the issue of occupancy consent, or a final building department approval is issued, whichever occurs first. Progress billing and payment will be required. All payments must be made to Shade Structures, Inc., P.O. Box 734158, Dallas, TX 75373-4158. Company may use all remedies available to it under current laws including, but not limited to, filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt.

Lien Releases: Upon request by Owner, Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to receiving final payment from Purchaser or Owner. Company will provide a full release of liens upon receipt of final payment. In accordance with state laws, Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens.

Site Plan Approval, Permit/s, Permit Fees, Plans, Engineering Drawings, and Surveying: Site plan approval, permits, permit fees, plans, engineering drawings, and surveying are specifically excluded from this agreement and the Services unless specified under the “General Scope of Work”. The Company does not in any way warrant or represent that a permit or site plan approval for construction will be obtained. Sealed engineered drawings that are required but not included in the “General Scope of Work” will result in an additional cost to Purchaser.

Manufacturing & Delivery: Manufacturing lead-time from Company’s receipt of the “Notice To Proceed” is approximately 6 to 8 weeks for standard structures, and 8 to 12 weeks for custom structures. Delivery is approximately 1 week thereafter. Delivery of structures may be prior to or at start of assembly. Please note that these timelines do not include approval or permitting timeframes.

Returned Product, Deposits, and/or Cancelled Order: Within the first 45 days after shipment from our facility, all returned product(s) and cancelled orders are subject to a 50% restocking fee. No returns are available following this 45 day period. All deposits are non-refundable. All expenses incurred (engineering, site surveys, shipping, handling, etc.) are the responsibility of the Purchaser, up to notice of cancellation.

Bonding Guidelines: If Purchaser will use or provide the Structures and Services for an Owner other than Purchaser (including, without limitation, as a subcontractor of Purchaser), Purchaser will include the following statement in Purchaser’s contract with Owner:
“The manufacturer’s warranty for the Shade Structures brand shade structures is a separate document between USA SHADE & Fabric Structures and the ultimate owner of the Shade Structures brand shade structures, which will be provided to the ultimate owner at the time of completion of the installation and other services to be provided by USA SHADE & Fabric Structures. Due to surety requirements, any performance and/or payment bond will cover only the first year of the USA SHADE & Fabric Structures warranty.” www.usa-shade.com 800-966-5005
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• Sewing thread is warranted for ten years.

All steel surface finishes are warranted for one year.

Shadesure™, Colourshade® FR, eXtreme 32™, Commercial 95™, SaFRshade™, and Monotec 370™ fabrics all carry a ten year limited manufacturer’s warranty against failure from significant fading, deterioration, breakdown, outdoor heat, cold, or discoloration. Should the fabric need to be replaced under the warranty, the Company will manufacture and ship a new replacement fabric at no charge for the first six years, thereafter pro-rated at 20% per year over the remaining four years. The following are exceptions to the preceding warranty terms:
o Shadesure™ fabrics in Red, Yellow, Atomic Orange, Electric Purple, Zesty Lime, Cinnamon, Olive, and Mulberry carry a five year pro-rated o Fabric tops attached to Coolbrella™ structures carry a three year warranty; o Individual fabric tops measuring greater than 40’ in length are covered by a non-prorated five year warranty; o Precontraint 502™ waterproof membrane is subject to an eight year pro-rated warranty.

Changes in the Work: During the course of this project, Purchaser may order changes in the work (both additions and deletions). Additionally, an approving agency may require changes in the work from the original design or engineering quoted and provided by the Company (both additions and deletions.) The cost of these changes will be determined by the Company, and a Change Order form must be completed and signed by both the Purchaser and the Company, which will detail the “General Scope of the Change Order”. Should any Change Order be essential to the completion of the project, and the Purchaser refuses to authorize such Change Order, then Company will be deemed to have performed its part of the project, and the project and services will be terminated. Upon such termination, Company will submit a final billing to Purchaser for payment, less a labor allowance for work not performed but including additional charges incurred due to the stoppage. No credit will be allowed for materials sold and supplied, which will remain the property of the Purchaser.

Indemnification: To the fullest extent permitted by law, Purchaser shall indemnify, defend, and hold harmless the Company and its consultants, agents, and employees or any of them from and against claims, damages, losses and expenses, including, but not limited to, attorneys’ fees related to the installation of the Structure or performance of the services, provided that such claim, damage, loss, or expense is attributable to bodily injury to, sickness, disease, or death of a person, or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents, employees, or subcontractors, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in Section 15.

Statement of Limited Warranty:

The structural integrity of all supplied steel is warranted for ten years.

If assembly is provided by the Company, workmanship of the structure is covered for one year, including labor for the removal of any failed part, disassembly (if necessary), cost of shipping, and reassembly. www.usa-shade.com 800-966-5005
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Commercial 95™ and SaFRshade™ are registered trademarks of Gale Pacific USA Inc.

Monotec 370™ is a registered trademark of PRO-KNIT Industries Pty. Ltd.

Precontraint 502™ is a registered trademark of Serge Ferrari North America, Inc. o workmanship related to assembly not provided by the Company or its agents; o fabric curtains, valances, and flat vertical panels;
o fabric tops installed on structures that were not engineered and originally supplied by the Company.

THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, LIQUIDATED, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS

OF REVENUE, PROFIT, USE OR GOODWILL, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING

OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT OR SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE FOR ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY.

THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE COMPANY’S PRODUCTS AND SERVICES, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. PURCHASER, BY ACCEPTANCE AND USE OF THIS

LIMITED WARRANTY, WAIVES ANY RIGHTS IT WOULD OTHERWISE HAVE TO CLAIM OR ASSERT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.

Colourshade ® and eXtreme 32™ are registered trademarks of Multiknit Pty. Ltd.

These limited warranties do not cover defects and/or damages caused by:
o normal wear and tear;
o misuse, willful or intentional damage, vandalism, contact with chemicals, cuts and Acts of God (i.e. tornado, hurricane, micro/macros burst, earthquake, wildfires, etc.);
o ice, snow or wind loads in excess of the designed load parameters engineered for the supplied structures; o use, maintenance, neglect, repair, and/or service inconsistent with the Company’s written care and maintenance instructions, provided with the order.

The limited warranties explicitly exclude:

All warranty claims covering Company supplied structures, products, and services must be submitted by Purchaser or Owner in writing to the Company within thirty days from the date of discovery of the alleged defect and must include a detailed description and applicable photographs of the alleged defect or problem. Warranty claims should be submitted by email to [email protected].

Purchaser or Owner agrees that venue for any court action to enforce these limited warranties shall be in the City or County of Dallas in the State of Texas, USA.

These limited warranties are void if:
o the supplied structures, products, services and/or labor are not paid for in full; o the structures are not assembled in strict compliance with USA SHADE specifications; o any changes, modifications, additions, or attachments are made to the structures in any way, without prior written approval from the Company.

Specifically, no signs, objects, fans, light fixtures, etc. may be hung from the structures, unless specifically engineered by the Company.

General Limited Warranty Terms and Conditions
These limited warranties are effective from the date of sale, or, if assembly is provided by the Company, upon receipt by Company from Purchaser of a completed and signed “Customer Checklist and Sign-off” form.

In its sole discretion, the Company will repair and or/replace defective structures, products or workmanship, or refund that portion of the price related to the defective product, labor, or service rendered.

The Company reserves the right, in cases where certain fabric colors have been discontinued, to offer the Purchaser or Owner a choice of available alternative colors to replace the warranted fabric. The Company does not guarantee that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued fabric color.

Should the Purchaser or Owner sell the structures to another party, the warranty cannot be transferred to the new owner without a complete and thorough on-site inspection performed by a Company representative. Please contact the Company at [email protected] for more details. www.usa-shade.com 800-966-5005
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26) Assignment: Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of Company. The agreement shall be binding upon and insure to the benefit of the Company and the Purchaser, and their successors and permitted assigns.

Delegation: Subcontractors: The services and the manufacturing and assembly of the structures may be performed by subcontractors under appropriate agreements with the Company.

Force Majeure: Impracticability: The Company shall not be charged with any loss or damage for failure or delay in delivering or assembling of the structures when such failure or delay is due to any cause beyond the control of the Company, due to compliance with governmental regulations or orders, or due to any Acts of God, strikes, lockouts, slowdowns, wars, or shortages in transportation, materials or labor.

Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Dallas, TX by a single arbitrator selected by the parties or by the American Arbitration Association, and conducted in accordance with the construction industry arbitration rules. Judgment upon the award may be entered in any court having jurisdiction thereof.

Entire Agreement; No Reliance: This agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein, including without limitation any statements as to the structures, warranties, or services provided hereunder.

No Third-Party Beneficiaries: This agreement creates no third-party rights or obligations between Company and any other person, including any Owner who is not also a Purchaser. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this agreement.

Governing Law: The agreement will be construed and enforced in accordance with the laws of the State of Texas.

If the requested services require Company access to Owner’s premises, Company will be provided access to the Owner’s premises free and clear of debris, automobiles, or other interference Monday ~ Friday during the hours of 8:00am to 6:00pm, and Company will have access to water and electrical facilities during installation. Additional charges will apply if utilities are not easily accessible. Where applicable, all vehicles will be moved prior to Company’s crew beginning any installation.

Company will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation.

Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair resulting in delay will result in additional charges unless they are detailed on as-built site drawings provided to Company or marked on the ground and communicated to Company in writing prior to fabrication and installation.

Installation/Assembly on-site: Where installation/assembly is part of the services, Purchaser must provide the Company with a detailed drawing prepared by or for the Owner showing exactly where the structures are to be assembled as well as detailing any obstacles or other impediments that may cause the assembly process to be more difficult. Any fixture(s), e.g., playground, pools, etc., that the structures are to be assembled over must also be detailed, along with their peak heights (if applicable).

Site/Use Review by Purchaser: Company relies on the Purchaser to determine that the structures ordered are appropriate and safe for the Owner’s installation site and/or intended use. Company is not responsible for damages or injuries resulting from collisions by moving objects or persons with the structure post(s). Company can recommend, or supply at additional cost, padding for posts from a third party manufacturer.

Preparatory Work: Where installation/assembly is part of the services and in the event that the foundation or job site is not suitable or ready for assembly to begin on the scheduled day, a Delay of Order notification must be sent to Company at least 4 working days prior, in order to allow Company to reschedule the project. In the event that Company is not notified and incurs an expense in attempting to execute the assembly, a re-mobilization charge may be charged to Purchaser before Company will reschedule the assembly.

Company will notify Purchaser of the scheduled assembly date. Owner agrees to have an owner representative meet the assembly crew at the job site on the scheduled assembly date to verify the exact location where the structure(s) is to be placed.

Labor for the removal, assembly, and/or freight charges will only be covered by Company in instances where the structures supplied and installed by Company are determined by the Company to be defective. In all cases where structures are not installed by Company, all labor for the removal, assembly, and/or freight of the structures will be the Purchaser’s responsibility.

Installation prices are based on a single mobilization charge. If additional mobilizations are required, there will be additional charges. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 223 of 259 PURCHASER: SELLER:

City of Twentynine Palms Shade Structures, Inc. DBA USA Shade Signature: Signature:

By: (Print) By: (Print)
Title: Title:

Date: Date:

Executed to be effective as of the date executed by the Company:

NOTE: FOR ANY PURCHASE EQUAL TO OR EXCEEDING $100,000.00 USD, NO WORK, OTHER THAN PRE-WORK, SHALL BE UNDERTAKEN WITHOUT A MUTUALLY ACCEPTABLE AND SIGNED CONSTRUCTION CONTRACT.

NOTE: All purchase orders and contracts should be drafted in the name of Shade Structures, Inc.
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 224 of 259 CUSTOMER NAME: City of Twenty Nine Palms
PROJECT NAME: Luckie Park Shade Structures
LOCATION: Twentynine Palms CA
CONFIGURATION #: Q-016470

CORPORATE HEADQUARTERS
2580 Esters Blvd, Ste 100
DFW Airport, TX 75261
800-966-5005
- NOT TO SCALE
- NOT FOR CONSTRUCTION OR PERMITS
- DUE TO REPRODUCTION, ACTUAL COLORS MAY

DIFFER FROM REPRESENTATION
These plans and specifications are the property of USA Shade and Fabric Structures and shall not be reproduced without their written permission.

Ashley Donde
USA Shade & Fabric Structures
1085 N. Main Street, Suite C
Orange, CA 92867
[email protected]
(760) 250-7824

CUSTOMER NAME: City of Twenty Nine Palms
PROJECT NAME: Luckie Park Shade Structures
LOCATION: Twentynine Palms CA
CONFIGURATION #: Q-016470

CORPORATE HEADQUARTERS
2580 Esters Blvd, Ste 100
DFW Airport, TX 75261
800-966-5005
- NOT TO SCALE
- NOT FOR CONSTRUCTION OR PERMITS
- DUE TO REPRODUCTION, ACTUAL COLORS MAY

DIFFER FROM REPRESENTATION
These plans and specifications are the property of USA Shade and Fabric Structures and shall not be reproduced without their written permission.

GENERAL NOTES

DESIGN LOADS
BUILDING CODE CALIFORNIA BUILDING CODE 2019
(BASED ON IBC 2018)
LIVE LOADS 5 PSF
SNOW LOAD 5 PSF
WIND LOADS 115 MPH* and 180 MPH with Fabric Off
3-Sec. Gust, RISK CATEGORY II &

EXPOSURE C
*115 MPH ACCORDING THE ULTIMATE WIND SPEED MAPS OF
ASCE 7-16 IS EQUIVALENT TO THE NOMINAL WIND SPEED OF
90 MPH ACCORDING ASCE 7-05 AND IBC 2019 EQ 16-33.

ESTIMATED STEEL WEIGHT
Total Structure Weight 1,820 lbs
Single Column Weight 77.5 lbs
Total Upper Frame Weight 161.4 lbs
Steel Sizes 350-250-02-01

DIMENSIONS

STRUCTURE TYPE L W A H C R HT CW CL D
4 Post HIP 401 20' 0" 20' 0" 7' 6" 11' 0" 10' 2" 3' 9" 14' 9" 1' 3" 1' 3" 28' 3"

CUSTOMER NAME: City of Twenty Nine Palms
PROJECT NAME: Luckie Park Shade Structures
LOCATION: Twentynine Palms CA
CONFIGURATION #: Q-016470

CORPORATE HEADQUARTERS
2580 Esters Blvd, Ste 100
DFW Airport, TX 75261
800-966-5005
- NOT TO SCALE
- NOT FOR CONSTRUCTION OR PERMITS
- DUE TO REPRODUCTION, ACTUAL COLORS MAY

DIFFER FROM REPRESENTATION
These plans and specifications are the property of USA Shade and Fabric Structures and shall not be reproduced without their written permission.

REINFORCED CONCRETE NOTES

CONCRETE WORK SHALL BE EXECUTED IN ACCORDANCE WITH THE LATEST EDITION OF

THE AMERICAN CONCRETE INSTITUTE SPECIFICATION FOR STRUCTURAL CONCRETE ACI 301 AND BUILDING CODE ACI 318. CONCRETE SPECIFICATIONS SHALL BE AS FOLLOWS:
28 DAY STRENGTH: 2500 PSI •
SLUMP: 3-5 •
PORTLAND CEMENT SHALL CONFORM TO C-150 •
AGGREGATE SHALL CONFORM TO ASTM C-33 •

1. ALL REINFORCEMENT STEEL SHALL CONFORM TO ASTM A-615 GRADE 60; AND SHALL BE

DETAILED, FABRICATED AND PLACED IN ACCORDANCE WITH THE LATEST ACI SPECIFICATION FOR STRUCTURAL CONCRETE ACI 301, ACI DETAILING MANUAL AND CRSI MANUAL OF STANDARD PRACTICE.

2. ALL ANCHOR BOLTS SET IN NEW CONCRETE (WHEN APPLICABLE) SHALL COMPLY WITH ASTM F-1554 GRADE 55 (GALVANIZED).

3. ALL NON-SHRINK GROUT SHALL HAVE A MINIMUM 28 DAYS COMPRESSIVE STRENGTH OF 5000 PSI, AND SHALL COMPLY THE REQUIREMENTS OF ASTM C109, ASTM C939, ASTM C1090, ASTM C1107, WHEN APPLICABLE.

4. SOIL PARAMETERS FOR FOOTING ANALYSIS; TABLE 1806.2, CLASS : 5 - 1500(PSI) 5.

FOR SPREAD FOOTING, EDGE OF COLUMN OR ANCHOR BOLTS MUST BE SET AT LEAST 12" FROM THE EDGE OF SPREAD FOOTING EDGE.

6. FOR DRILLED PIER, THE EDGE OF COLUMN MUST BE SET AT LEAST 3/4" FROM REBAR WITHIN DRILLED PIER.

7. SPREAD FOOTING ALLOWED TO BE ROTATED AS REQUIRED. 8.

TABLE FOR NON-CONSTRAINED DRILLED PIER FOOTING
DIAMETER DEPTH VERTICAL REBAR TIES MIN. COLUMN

EMBEDMENT
(EMBED)
MIN. ANCHOR

EMBEDMENT
(RECESS. &

SURFACE)
(FT) (FT) QTY. SIZE QTY. Ø LOOP (FT) SIZE (IN) (IN)

2.00 6.00 6 #6 11 1.5 #3 33 19

TABLE FOR NON-CONSTRAINED SPREAD FOOTING
LENGTH THICKNESS TOP AND BOTTOM REINFORCEMENT MIN. COLUMN

EMBEDMENT
(EMBED)
MIN. ANCHOR

EMBEDMENT
(RECESS. &

SURFACE)
(FT) (FT) QTY. SIZE SPACING (IN) (IN) (IN)

4.50 3.00 6 #5 @ 9.5 O.C.E.W. 33 19

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Feb 08 2022
SUBJECT: Pioneer Park.

RECOMMENDATION:

The City Council purchase the land needed to develop Pioneer Park in the amount of $211,800 plus customary closing costs and authorize the City Manager to execute all necessary documents.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Ownership Map
• Willing Seller Letter - APN
0616-281-03
• Willing Seller Letter - APN
0616-281-10
• Park Concept Level Site Plan
BACKGROUND:

As part of the Prop 68 grant application to the State of California for development of Pioneer Park, the City negotiated with two adjacent property owners to acquire their property to enlarge the park acreage. The two vacant properties include a 2.98 acre parcel (0616-281-10) along Adobe Road and a .9 acre parcel (0616-281-03) along Sullivan Road. Each parcel is adjacent to the City owned 17.7 acres. Each parcel was properly appraised per the State requirements. The City was not successful in it's pursuit of the Prop 68 grant but remains committed to developing this public park and is searching for other funding sources. The park has been listed in the City's General Plan and Parks and Recreation Master Plan for over 20 years. A copy of the park concept plan is attached.

ENVIRONMENTAL:

A CEQA Initial Study (IS) was performed and a Mitigated Negative Declaration was adopted for the park on January 19, 2021.

ALTERNATIVES: Page 229 of 259
The City Council could choose not to purchase the land.

FISCAL IMPACT:

As discussed in the mid-year financial review, the City, through its surplus created by ARPA (American Rescue Plan Act), will use these funds for the acquisition.

Parcel to be Acquired
Parcel to be
Acquired
City Owned Parcel
0616-281-17-0000
0616-281-10-0000
0616-281-03-0000

Willing-SellerLetter
Date:
, 2020
To:
c/o
Statewide
California
Park Developmentand CommunityRevitalizationProgram Departnrentof Parks and Recreation From: Christopherand Heidi Van Horn
69 60thPlace
LongBeach,CA 90803
‘Re: APN: 0616—281—03
PropertyAddress:Southside of SullivanRoad,550i feet West of Adobe Road,TwentyninePalms,CA, SanBernardinoCounty To WhomIt May Concern:
above—referenced
Thisletteris provided to confirmthatChristopherand HeidiVan Horn,ownersof the transaction. Should
property, are willingparticipantsin the proposed real property Palms,thenChristopher
grant funds be awarded to the grant applicant,the City of Twentynine and Heidi Van Horn,as Sellers,are willingto enter into City
Christopher
of Twentynine
and Heidi
Palms
Van Horn also con?rmthat they, as Sellers,will work withthe to ensurethat displaced tenants are paid relocationcosts in — ~co1npliancewith GovernmentCode sections7260-7277.

Acknowledged:

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ARROYO NATURE

TRAIL & DEMONSTRATION

GARDENS
- Educational trail with
didactic material describing
stormwater management &
habitat, with path lighting

WALKING TRAILS

RUNNING LOOP
- Paved trails with path
lighting
- Shaded benches and
seating areas
29 Palms Park
Concept Plan

PICNIC AND BBQ

PAVILION WITH LIGHTING
- Shade structure with
picnic tables and lighting

SAND VOLLEYBALL
COURT
- Sand court and seating
area with lighting

BIKE PATH AND

FLOW COURSE
- Range of technical bike
courses to all ability level
trails
CHILDREN’S PLAYGROUND
- 5-12 yr. play, separately secured
- 2-5 yr. play, separately secured
- Lighting & shade structures

INTER-GENERATIONAL

PLAYGROUND
- Group swings, exercise equipment,
lighting & shade structures

TENNIS COURT
- 1 regulation tennis court
with lighting

BASKETBALL COURT
- 1 regulation basketball
court with lighting

MULTI-USE FIELD
- Regulation Soccer Field
- (3) 7 v. 7 Soccer Fields
- Viewing area for stage
pavilion events
- Lighting

KITE-FLYING HILL
- Winding path to top of
hill with art and sculpture
installations

PUBLIC ART
- Site-specific artworks
along an accessible walking
path with seating and
shade

RENOVATION OF

COMMUNITY THEATRE
- Increased seating capacity
- Expanded stage house,
dressing rooms, and
production facilities

AMPHITHEATRE

AND STAGE
- Stage with power and
lighting for concerts, theatre
and fitness courses
1 1
1 1
3 2
5 6
7 8
9 10
11 12
13 14
15 4

RESTROOMS

RESTROOMS

PARKING LOT

PARKING LOT

ADOBE ROAD

FOOTHILL DRSULLIVAN ROAD

OVERFLOW PARKING
AREA
ARROYO
0' 020' 40' 80'
15 15
1 5
7 8
3 4
6 9 10 11 12 13 14
2 15

29 Palms Park
Concept Plan

AERIAL VIEW OF 29 PALMS PARK

RUNNING LOOP

SAND VOLLEYBALL
COURT

PICNIC AND BBQ

PAVILION

KITE-FLYING HILL
PARKING (42 STALLS)
& PUBLIC ACCESS TRAILHEAD

THEATRE & PARK
PARKING (90 STALLS)

MULTI-USE WALKING/

RUNNING TRAIL

BIKE PATH &

FLOW COURSE

ARROYO NATURE TRAIL
& DEMONSTRATION GARDENS
“GROVE OF 29 PALMS”

RECHARGE GARDEN

MULTI-USE FIELD

PUBLIC ART TRAILS
CHILDREN’S

PLAYGROUND

INTER-GENERATIONAL

PLAYGROUND

OVERFLOW EVENT

PARKING AREA

TENNIS COURT

BASKETBALL COURT

RENOVATION OF

COMMUNITY THEATRE

AMPHITHEATER &
STAGE

PARK FEATURES

GRADING AND STORMWATER MANAGEMENT

STEP DAMS AND NATIVE GARDENS

SECTION THROUGH ARROYO STEP DAM, FOOT BRIDGE & NATIVE GARDEN

CROSS-SECTION OF ARROYO NATURE TRAIL

PROFILE VIEW OF AMPHITHEATER

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Feb 08 2022
SUBJECT: Financial Report - Mid-Year of the 2021/22 Fiscal Year.

RECOMMENDATION:

Staff is recommending the following actions:

1. The City Council review and accept the financial report for the second quarter of the 2021/22 Fiscal Year.

2. Approve the inter-fund transfer of the Revenue Replacement in the amount $2,260,258 from ARPA Fund (Special Fund) to the General Fund for government services in FY 2021/22.

3. Approve the inter-fund transfer of $338,250 from the General Fund to the Sewer Fund for the property acquisition needed for the expansion of Project Phoenix package treatment plant in FY 2021/22.

4. Approve the inter-fund transfers from the General Fund to the Capital Projects Fund for the following projects in FY 2021/22: $42,800 for the Social Equity Element of the General Plan; $100,000 for the Re Roof of City Buildings; $2,081,086 for the Luckie Park Pool upgrade; $169,000 for the property acquisitions needed for Pioneer Park; $94,000 for shades at Luckie Park; and $45K for shades at City Hall.

5. Approve the inter-fund transfer of $26,000 from the General Fund to the Capital Projects Fund for a mower in FY 2022/23.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Mid-Year Powerpoint FY 21-
22 BACKGROUND:

The mid-year financial report for the second quarter of 2021/22 is attached for City Council’s review and acceptance. The mid-year financial report reflects the current cash balances, year-to-date revenues and expenditures, capital expenditures, reserves, a “snapshot” at Fiscal Year 2022/23 budget, and an update on the current strategic planning. It shows that the City has sufficient liquid funds to meet its cash requirements with an above average cash reserve.

The intent of this report is to provide the City Council, Staff, and citizens with an overview of the financial condition of the City.

Cash Balances: Page 243 of 259
The cash balances have decreased since fiscal year-end June 30th by $2.69M, which is mainly due to timing differences between grant expenditures and grant reimbursements, including the $6M state grant for Project Phoenix and the $2M grant for the Joshua Tree Visitor Center, and major categories of revenues which are received later in the second half of the fiscal year. Our resources are diversified with $5.26M in Local Agency Investment Fund (LAIF) earning 0.23%; $6.15M in Pacific Premier Bank earning .70% of investment credits; and $1.47M in Certificate of Deposit earning an average of 2.35%. The City has $15.23M of liquid cash from the general fund, special funds, and Project Phoenix Bond proceeds.

Revenues:

Through the second quarter of this fiscal year (50% of the fiscal year or six months), the general fund collected $3.67M or 35% of the annual estimated revenue, excluding transfers in. This amount of revenue is anticipated with property tax receipts and property tax in lieu of VLF (Vehicle License Fees) happening in January-June. Property tax receipts through the first six months of the fiscal year account for 38% of the general fund revenue. The other major categories (Sales Tax, Transient Occupancy Tax (TOT), and Franchise Fees) are received later in the second half of the year and/or later in the fiscal year, both of which are anticipated. Through the first six months, TOT was up 17%. The January receipts, which are for the last quarter of 2021, are due by January 31st, and the entire 1st quarter of 2022 are due by April 30th.

Operating Expenditures:

Through the second quarter of this fiscal year (50% of the fiscal year or six months) the general fund expenditures and encumbrances, excluding transfers out, are $5.32M or 51% spent on operations.

Prepaid OPEB/Insurance/PARS are completed in the beginning of the year. The other major categories are within budget for the second quarter. Salaries, benefits, contract services (police; building, safety & engineering; and City Attorney), utilities, and building/ground maintenance account for 81% of the total general fund expenditures.

Transfers In/Out:

In July 2021, the City received its first allocation of ARPA funds in the amount of $3.11M. The first allocation will be spent in government services as outlined in the Final rule issued by the U.S. Department of the Treasury. $856K of the first allocation has already been transferred from the ARPA Fund to the General Fund, which the City Council approved on October 12, 2021. Staff is recommending an additional transfer of $2.26M from the ARPA fund to the General Fund for government services.

The use of ARPA funds for government services will create a surplus in the general fund, which will be used to fund other projects including the acquisition of the property needed for the extension of the package treatment plant, re-roof of City buildings, Social Equity Element of the General Plan, improvements at Veterans' Park, among others. In June 2021, the City Council approved a $1.41M transfer of FY 20/21 surplus from the General Fund to the Capital Projects Fund for the Luckie Park Pool upgrade. Staff is recommending four additional transfers of ARPA surplus from the General Fund to the Capital Projects Fund for the following projects: Social Equity Element of the General Plan - $43K; re-roof of City Buildings - $100K; $2.08M for the Luckie Park Pool upgrade; Pioneer Park - $169K; Shades at Luckie Park - $94K; and Shades at City Hall - $45K. Staff is also recommending a transfer of $338K from the General Fund to the Sewer Fund for property acquisition needed for the extension of Project Phoenix package treatment plant.

Capital Project Expenditures:

The capital projects show available appropriations in several special funds of $15.86M. This does not include the Project Phoenix budget. These capital projects include the Trails Flood Control Plan ($902K), Split Rock Bridge ($2.92M), Hatch/Sullivan Bike Path ($250K), Luckie Park Pool Upgrade ($3.75M), Homekey ($713K), Re Roof City Building ($125K), Channel at El Rey ($117K), Package Sewer Treatment Plant ($2.43M) and Road Projects ($4.44M).

The City is on track with its budget for Project Phoenix and is expected to have approximately $813K remaining for Housing projects. Page 244 of 259
Reserves:

The unrestricted and unassigned reserve balance for the General Fund at June 30, 2021 is $6.80M or 74% of actual expenditures. This is an increase of $1.20M over last year. City Staff reserve policy is 60- 65%. As mentioned above, the Council already approved the use of $1.41M of these reserves for the Luckie Park Pool upgrade.

Fiscal 22/23 “Snap Shot”:

We are in year one of the two-year budget for 2021/22 - 2022/23. Staff does not anticipate any major deviation in revenues or expenditures from the prior year budgets. The City has eliminated the OPEB Contribution within its annual budget due to the trust being overfunded. Revenues and expenditures are expected to increase modestly. For FY 2022/23, Staff is recommending an inter-fund transfer of $26K from the General Fund to the Capital Projects fund for a mower needed by Public Works. Staff is also recommending an adjustment of $33K for public outreach for the first six months of FY 2022/23. The City is anticipating the Multi-Purpose Facility to open in Fiscal 2021/22 with an annual gross expenditure of $150K annually to operate. The City's anticipated surplus for FY 2022/23 is approximately $3.06M, which is mainly driven by the second allocation of ARPA funds.

Strategic Planning objectives, as per the Council Session in 2021, are the following. A more detailed and comprehensive discussion will be coming as part of the budget process:
• Vacation Rentals
• Off Road Enforcement
• COVID Relief
• More Bike Paths
• Updating Infrastructures and facilities
• Luckie Park Pool
• Staff Training
• Tear Down dilapidated structures
• Healthcare District collaboration
• Veteran Resources
• Housing
• Improvements at Veterans Park
ENVIRONMENTAL:

Not Applicable.

ALTERNATIVES:

The City Council could choose to make policy changes on funding.

FISCAL IMPACT:

A Balanced Budget.

City of Twentynine
Palms
Fiscal Year 2021/22
Operating Budget MidYear Budget Update

Quarter 2 Review
Comprised of:
Cash Balances;
Revenues;
Operating Expenditures;
Capital Projects;
Reserves;
Fiscal 22/23 “Snap Shot”
City of Twentynine Palms

Quarter 2 Review
Cash Balances:
 General Fund and Special Fund
checking account - $6.15M;
 General Fund and Special Fund
investment account - $6.73M;
 Project Phoenix Non-Housing bond
proceeds-$1.51M;
 Project Phoenix Housing bond
proceeds-$834K
City of Twentynine Palms

General Fund Update
General Fund Approved
Budget
YTD Actual CY%
Revenues & Transfers In 12,764,274 4,537,025 36%
Expenditures & Transfers Out 11,979,854 5,431,602 45%
City of Twentynine Palms

Top Six Revenues
Top Six Revenues Budget YTD Actual CY% Received
Property Tax 2,255,887 1,390,064 62%
Property Tax in lieu of VLF 3,357,182 - 0%
Sales Tax 1,344,263 620,367 46%
Transient Occupancy Tax (TOT) 1,400,000 475,189 34%
Franchise Fees 680,000 247,052 36%
Building & Road Permits 325,000 335,983 103%
City of Twentynine Palms

General Fund Update
General Fund Budget Y/E Forecast CY%
Revenues & Transfers In 15,305,541 15,902,980 104%
Expenditures & Transfers Out 14,925,527 15,075,283 101% City of Twentynine Palms
$380,014 $827,697

Top Six Revenues
Top Six Revenues Budget Y/E Forecast CY% Received
Property Tax 2,255,887 2,255,887 100%
Property Tax in lieu of VLF 3,357,182 3,357,182 100%
Sales Tax 1,344,263 1,496,018 111%
Transient Occupancy Tax (TOT) 1,400,000 1,735,770 124%
Franchise Fees 680,000 680,000 100%
Building & Road Permits 325,000 400,000 123%
City of Twentynine Palms

City of Twentynine Palms
Property Tax
20%
Property Tax in lieu
of VLF
30%
Sales Tax
13%
Transient
Occupancy Tax
(TOT)
16%
Franchise Fees
6%
Building & Road
Permits
4%
Recreation Fees
2%
Other
9%
Where does the revenue come from?
Property Tax
Property Tax in lieu of VLF
Sales Tax
Transient Occupancy Tax (TOT)
Franchise Fees
Building & Road Permits
Recreation Fees
Other

City of Twentynine Palms

TWENTYNINE PALMS
Assessed Valuation of City
Fiscal Years 2011-12 to 2020-21
Fiscal Year
Secured Assessed
Value
Unsecured
Assessed Value
Unsecured
Assessed Value Total Assessed Value
Total AV%
Change from
Prior FY
2011-12 $794,552,911 $20,298,883 $86,754 $814,938,548 NA 2012-13 $796,079,890 $20,405,004 $86,754 $816,571,648 0.20% 2013-14 $781,792,218 $20,057,318 $86,754 $801,936,290 -1.79% 2014-15 $802,424,517 $20,937,193 $252,649 $823,614,359 2.70% 2015-16 $819,140,029 $22,126,150 $252,649 $841,518,828 2.17% 2016-17 $829,433,547 $19,046,841 $252,679 $848,733,037 0.86% 2017-18 $841,474,081 $18,405,803 $252,649 $860,132,533 1.34% 2018-19 $874,065,397 $17,581,904 $252,649 $891,899,950 3.69% 2019-20 $908,885,222 $18,715,010 $257,656 $927,857,888 4.03% 2020-21 $949,184,759 $18,295,839 $257,656 $967,738,254 4.30% Source: Secured, Unsecured and Utility Values from San Bernardino County for each fiscal year, as complied by HdL. Coren & Cone.

Departmental Expenditures
General Fund Exp. Budget YTD Actual CY%
City Council 61,207 25,674 42%
Administration 1,676,266 940,740 56%
Non-Departmental 5,254,196 684,344 13%
Community Development 435,229 236,197 54%
Economic Development 60,633 29,562 49%
Building, Safety, and Eng. 291,775 213,072 73%
Code Enforcement 174,823 66,057 38%
Law Enforcement 4,772,948 2,264,272 47%
Animal Control 473,449 228,571 48%
Public Works Admin/Street Swp 175,297 61,016 35%
Community Services/Parks 1,549,704 682,097 44%
City of Twentynine Palms

Category Expenditures
General Fund Exp. Budget YTD Actual CY%
Salaries 2,206,068 1,190,554 54%
Benefits 683,512 381,295 56%
Supplies 30,500 11,806 39%
Contracts 4,726,791 2,330,158 49%
Utilities 197,272 95,091 48%
Building/Ground Maint. 199,400 63,398 32%
Insurance/OPEB 368,835 330,947 90%
Transfers 4,544,511 114,188 2.51%
Contribution to Non-Profits 50,000 - 0%
Building & Engineering 291,775 213,072 73%
Marketing/Economic Dev. 40,000 15,176 38%
City Attorney 117,500 48,075 41%
Vehicle/Equipment Oper. & Maint. 160,800 36,033 22%
Other 1,308,563 601,809 46%
City of Twentynine Palms

Capital Projects
Capital Projects Budget
Trails Flood Control Plan 901,850
Split Rock Bridge 2,920,587
Hatch/Sullivan Bike Path 250,000
Neighborhood Safety Project 1,418,500
Luckie Park Light Poles 50,000
Luckie Park Pool Upgrade 3,746,086
Project Phoenix 12,210,976
Homekey Project 713,255
Re Roof City Buildings 125,000
Safe Route 2 School 1,570,600
Street Overlay 180,000
Median Construction HWY 62 709,788
High Cash Unsignalized Intersections 559,590
Channel at El Rey 116,500
Package Sewer Treatment Plant 2,432,850
Animal Control Building $700,000
City of Twentynine Palms

Summary
City of Twentynine Palms
 Overall, the City’s operating budget is performing
well through mid-year;
 Cash and Reserves are strong;
 Revenue is exceeding expectations;
 Capital Projects are on track and/within budgets;
 The City is expecting approximately $150K
annually of additional costs for operating Project
Phoenix
 Fiscal 21/22 Budget will be balanced

Staff Recommendations
City of Twentynine Palms
 Staff is recommending the following actions:

1. The City Council review and accept the financial report for the second quarter of the 2021/22 Fiscal Year.

2. Approve the following inter-fund transfers for FY 21/22:
a) $2,260,258 of revenue replacement from ARPA Fund (Special Fund) to the General Fund for government services.
b) $338,250 from the General Fund to the Sewer Fund for the property acquisition needed for the expansion of Project Phoenix package treatment plant. c) Approve the inter-fund transfers from the General Fund to the Capital Projects Fund for the following projects:

1. $42,800 for the Social Equity Element of the General Plan;

2. $100,000 for the Re Roof of City Buildings;

3. $2,081,086 for the Luckie Park Pool upgrade;

4. $169,000 for the property acquisitions needed for Pioneer Park; and

5. $94,000 for shades at Luckie Park.

6. $45,000 for City Hall Shades

3. Approve the following inter-fund transfer for FY 22/23:
a) $26,000 from the General Fund to the Capital Projects Fund for a mower needed by PW.