City Council - Regular Meeting
November 14, 2023
Susan Peplow, echoed Mayor Wright's thoughts on citizens who write letters to be read into the record at City Council meetings.
CITY MANAGER UPDATE
Interim City Manager commented that it is busy keeping up to speed with what is going on. He mentioned that the City Manager recruitment will go out November 20th and will run until January 16, 2024, hoping to have a permanent City Manager by April 2024. He mentioned the Tree Lighting Ceremony is going to be held on Tuesday, December 5th.
Mayor Wright announced the Mayor's Toys for 29 Golf Tournament will be held on Saturday, December 2nd. He also announced that there will not be a second meeting in November. The next meeting will be on Tuesday, December 12th.
ADJOURNMENT - Mayor Wright adjourned the meeting at 7:32 p.m.
Respectfully submitted,
Cindy Villescas, CMC
City Clerk/PIO
STAFF REPORT
TO: City Council
FROM: Office Assistant
FOR MEETING: Dec 12 2023
SUBJECT: Approval of Warrant Register Totaling $853,014.93.
ATTACHMENTS:
• Warrant Register 121223
Check Date
Warrant Register
PPBI Gen Chkng
CITY OF TWENTYNINE PALMS
Vendor
WARRANT DATE: 12-12-23
Check / Payment
0017499 11/08/2023 [1506] A NEW CREATION FLOWERS & GIFTS (2187) 93.31 0017500 11/08/2023 [2408] ACCUFUND, INC 40.00
0017501 11/08/2023 [2809] ACTION INDUSTRIAL SUPPLY 56.55 0017502 11/08/2023 [2385] AL'S KUBOTA TRACTOR 6,163.38
0017503 11/08/2023 [2996] AMERIGAS 135.34
0017504 11/08/2023 [1008] ANIMAL ACTION LEAGUE INC 495.00 0017505 11/08/2023 [3741] ASHLYN HARRIS 700.00
0017506 11/08/2023 [1137] BILL'S DIESEL 6,174.96
0017507 11/08/2023 [2163] BRICKLEY ENVIRONMENTAL 6,684.00 0017508 11/08/2023 [1037] BURRTEC WASTE & RECYCLING (2692) 2,766.13 0017509 11/08/2023 [2246] CALTRANS 500.00
0017510 11/08/2023 [3598] CANON SOLUTIONS AMERICA 75.89 0017511 11/08/2023 [3763] CHRISTI L. WALDON 400.00
0017512 11/08/2023 [1053] CINTAS CORPORATION (8315) 792.32 0017513 11/08/2023 [0405] MORGAN COLE 44.14
0017514 11/08/2023 [1073] ZACKERY COX 450.00
0017515 11/08/2023 [3568] CV STRATEGIES 3,200.00
0017516 11/08/2023 [1080] DAVID EVANS AND ASSOCIATES INC 6,000.01 0017517 11/08/2023 [1086] DEPARTMENT OF CONSERVATION 275.32 0017518 11/08/2023 [1087] DESERT HARDWARE (0301) 881.03 0017519 11/08/2023 [1095] EMPLOYMENT DEVELOPMENT DEPT 6,300.00 0017520 11/08/2023 [1102] FORENSIC DTS INC 89.00
0017521 11/08/2023 [1106] FRONTIER 79.23
0017522 11/08/2023 [1106] FRONTIER 262.75
0017523 11/08/2023 [1106] FRONTIER 6.55
0017524 11/08/2023 [0393] DEENA GARRETT 525.00
0017525 11/08/2023 [3586] TORIN GRIMES 102.00
0017526 11/08/2023 [2696] HARRELL'S 15,667.30
0017527 11/08/2023 [3632] INLAND EMPIRE TOURISM COUNCIL 12,000.00 0017528 11/08/2023 [3749] JENICA R. SILVAS 136.00
0017529 11/08/2023 [3751] JESSICA LYNN BURKE 102.00
0017530 11/08/2023 [3136] JONS FLAGS & POLES INC 1,614.83 0017531 11/08/2023 [3764] LUCAS BASULTO 500.00
0017532 11/08/2023 [3673] MAKYA BULLION 480.00
0017533 11/08/2023 [2884] PAUL F MAURER 1,552.40
0017534 11/08/2023 [3569] MCCUE MECHANICAL 1,350.00
0017535 11/08/2023 [1164] MORONGO BASIN BROADCASTING CORP 1,440.00 0017536 11/08/2023 [1167] MORONGO UNIFIED SCHOOL DISTRICT 5,695.90 0017537 11/08/2023 [0539] NADIA MORENO 153.00
0017538 11/08/2023 [1177] NEWCO DISTRIBUTORS INCORPORATED 2,049.45 0017539 11/08/2023 [3679] NOBEL SYSTEMS, INC. 14,600.00 0017540 11/08/2023 [0001] ONE TIME VENDOR - ANNA STUMP 26.76 0017541 11/08/2023 [0001] ONE TIME VENDOR - JAMES D FINE JR 76.03 Run: 12/05/2023 at 12:12 PM Page: 1
0017542 11/08/2023 [2582] OREILLY 789.85
0017543 11/08/2023 [1036] PARKER'S BUILDING SUPPLY 29 PALMS (8036) 345.75 0017544 11/08/2023 [3391] PROBOLSKY RESEARCH LLC 18,750.00 0017545 11/08/2023 [2499] RACKSPACE US, INC 1,026.80
0017546 11/08/2023 [1212] RUTAN AND TUCKER 22,880.40
0017547 11/08/2023 [1230] SCE 15,300.65
0017548 11/08/2023 [1231] SPARKLETTS 391.68
0017549 11/08/2023 [1249] SPECTRUM 144.03
0017550 11/08/2023 [3762] STATE OF CA-LICENSING & CERT 360.00 0017551 11/08/2023 [3186] STILES ANIMAL REMOVAL INC. 1,800.00 0017552 11/08/2023 [2484] TERRA NOVA PLANNING & RESEARCH INC. (9096) 733.75 0017553 11/08/2023 [1243] THE GAS COMPANY 30.38
0017554 11/08/2023 [3765] TRAMMELL MEDIA SERVICES LLC 100.00 0017555 11/08/2023 [2201] TRANSUNION RISK AND ALTERNATIVE 75.00 0017556 11/08/2023 [1254] TROPHY EXPRESS 42.02
0017557 11/08/2023 [1259] TWENTYNINE PALMS WATER DISTRICT 222.71 0017558 11/08/2023 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 187.00 0017559 11/08/2023 [1133] VISUAL EDGE IT, INC 93.99
0017560 11/08/2023 [3721] VSS INTERNATIONAL, INC 41,243.54 0017561 11/08/2023 [1275] VICKIE (3145) WAITE 75.00
0017562 11/08/2023 [1744] YUNEX LLC 735.00
0017563 11/14/2023 [0175] DANIEL MINTZ SR 68.12
0017564 11/14/2023 [0392] MCARTHUR WRIGHT 68.12
0017565 11/15/2023 [3581] ADVANCED IMAGING SOLUTIONS 1,281.58 0017566 11/15/2023 [1014] ARROWHEAD CREDIT UNION 11,269.41 0017567 11/15/2023 [1017] AUTOZONE (0842) 139.15
0017568 11/15/2023 [3767] BENJAMIN VITAL III 400.00
0017569 11/15/2023 [0370] VANESSA CABRERA 160.23
0017570 11/15/2023 [3735] CAROLINE PARTAMIAN 3,150.00
0017571 11/15/2023 [2785] COPY CENTER PLUS INC. (8893) 345.18 0017572 11/15/2023 [1079] DATA TICKET INC 842.00
0017573 11/15/2023 [1106] FRONTIER 45.14
0017574 11/15/2023 [1109] GALLS LLC 156.05
0017575 11/15/2023 [0509] CHRISTOPHER J GIUNTA 82.45
0017576 11/15/2023 [1122] GOLD MOUNTAIN CA NEWS MEDIA 1,615.50 0017577 11/15/2023 [2164] INNOVATIVE FEDERAL STRATEGIES LLC 3,800.00 0017578 11/15/2023 [1151] ELIJAH (2503) MARSHALL 74.68
0017579 11/15/2023 [3768] MINE TRAIN SMOKERY 1,383.75
0017580 11/15/2023 [1162] MOJAVE DESERT & MOUNTAIN 5,327.00 0017581 11/15/2023 [3750] NEW DEAL HOSPITALITY 5,000.00 0017582 11/15/2023 [2231] PAYCHEX INC 1,126.55
0017583 11/15/2023 [1196] PITNEY BOWES 142.19
0017584 11/15/2023 [1213] SAN BERNARDINO CO SHERIFFS DEPT 326,336.00 0017585 11/15/2023 [1230] SCE 3,210.37
0017586 11/15/2023 [1224] SKY'S THE LIMIT (3503) 90.00
0017587 11/15/2023 [3590] SOUTHWEST PROTECTIVE 8,008.00 0017588 11/15/2023 [1249] SPECTRUM 119.98
0017589 11/15/2023 [3681] TANKO LIGHTING 9,609.50
0017590 11/15/2023 [1254] TROPHY EXPRESS 22.09
0017591 11/15/2023 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0017592 11/15/2023 [0171] CYNTHIA VILLESCAS 20.00
Run: 12/05/2023 at 12:12 PM Page: 2
0017593 11/15/2023 [1287] XEROX FINANCIAL SVC 134.69
0017594 11/16/2023 [1139] JOSHUA SPRINGS CALVERY CHAPEL 150.00 0017597 11/21/2023 [1001] LORI (8411) ABDELNOUR 2,950.00 0017598 11/21/2023 [2408] ACCUFUND, INC 1,839.00
0017599 11/21/2023 [1005] AFLAC 648.86
0017600 11/21/2023 [2385] AL'S KUBOTA TRACTOR 2,025.61
0017601 11/21/2023 [1007] ANDY'S LANDSCAPE AND TREE SERVICE (3803) 1,975.00 0017602 11/21/2023 [1052] CHARLES ABBOTT ASSOCIATES INC 144,255.99 0017603 11/21/2023 [1053] CINTAS CORPORATION (8315) 668.87 0017604 11/21/2023 [1070] CNTY SAN BERDO CLERK BRD SUPERVISORS 50.00 0017605 11/21/2023 [3568] CV STRATEGIES 8,506.25
0017606 11/21/2023 [1374] DAVID BAILEYS AUTO REPAIR INC (0703) 770.72 0017607 11/21/2023 [1307] DESERT FIRE EXTINGUISHER CO INC (0133) 714.73 0017608 11/21/2023 [1103] FRANCOTYP-POSTALIA INC 209.95 0017609 11/21/2023 [1107] FULTON DISTRIBUTING 413.91
0017610 11/21/2023 [3732] FUSE CONNECT, LLC 1,210.00
0017611 11/21/2023 [3241] GREENFIELDS OUTDOOR FITNESS 9,909.77 0017612 11/21/2023 [3743] HOME DEPOT CREDIT SERVICES 708.68 0017613 11/21/2023 [3632] INLAND EMPIRE TOURISM COUNCIL 10,000.00 0017614 11/21/2023 [2183] JOE A GONSALVES & SON 3,000.00 0017615 11/21/2023 [1150] MARK SPEER AUTOMOTIVE (2109) 578.27 0017616 11/21/2023 [3588] METLIFE SMALL BUSINESS CENTER 4,285.78 0017617 11/21/2023 [2583] MISSION LINEN SUPPLY (8753) 746.13 0017618 11/21/2023 [1184] OFFICE DEPOT CREDIT PLAN 2,720.00 0017619 11/21/2023 [0001] ONE TIME VENDOR - LEA ROSS 76.03 0017620 11/21/2023 [2355] RELIANCE STANDARD LIFE INSURANCE CO. 2,072.72 0017621 11/21/2023 [1209] ROGERS ANDERSON MALADY AND SCOTT (2807) 9,600.00 0017622 11/21/2023 [1230] SCE 1,234.87
0017623 11/21/2023 [3769] SHAWNA N KENNEY 80.00
0017624 11/21/2023 [1249] SPECTRUM 12.53
0017625 11/21/2023 [1249] SPECTRUM 129.99
0017626 11/21/2023 [1249] SPECTRUM 159.98
0017627 11/21/2023 [3734] STACEY LYNN SOLIE 2,665.00
0017628 11/21/2023 [1178] T-MOBILE 61.14
0017629 11/21/2023 [1255] TURF STAR INCORPORATED 1,449.61 0017630 11/21/2023 [3770] USHBOW LLC 1,200.00
0017631 11/21/2023 [1272] VCA YUCCA VALLEY 59.00
0017632 11/21/2023 [1274] VSP 645.42
0017633 11/21/2023 [2528] WELLS FARGO VENDOR FIN SERV 121.71 0017634 11/21/2023 [2394] WILLDAN 1,125.00
0017635 11/21/2023 [1744] YUNEX LLC 550.00
0017636 11/22/2023 [1051] CHANCEY (3220) CHAMBERS 11,000.00 0017637 12/04/2023 [3670] DAVID LOPEZ 600.00
0017638 12/04/2023 [2904] DILIGENT CORP 19,378.10
0017639 12/04/2023 [1116] GOVERNMENT FINANCE OFFICERS ASSN 530.00 0017640 12/04/2023 [0510] ABIGAIL HERNANDEZ CONDE 5.00
0017641 12/04/2023 [3677] ROCKY'S NEW YORK STYLE PIZZERIA 1,134.32 0017642 12/04/2023 [3056] SOAP SUDS CLEANING SERVICE (9049) 1,616.65 Run: 12/05/2023 at 12:12 PM Page: 3
WIREHRA111623 11/16/2023 [2367] MIDAMERICA 7,107.82
Approved by: Date:
Total Checks: 853,014.93
Run: 12/05/2023 at 12:12 PM Page: 4
STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Dec 12 2023
SUBJECT: Reject All Bids for the High Crash Unsignalized Intersections Project.
RECOMMENDATION:
The City Council:
1. Reject all bids for the High Crash Unsignalized Intersections Project.
2. Direct staff to readvertise the project.
ORDER OF PROCEDURE:
Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• October 24 DBX Bid
BACKGROUND:
On September 21, 2023, Staff solicited bids for the High Crash Unsignalized Intersections Project with an Estimated Contract Value of $210,000. Caltrans allocated $340,600 of State Funds for the Construction phase.
Bids were received and opened by the City Clerk on October 24, 2023 at 10:00am with the following results:
Company Bid Amount
DBX, Inc. $430,602.00
Since there was only one bidder, and the cost exceeded the engineer’s estimate, Staff recommends rejecting all bids and readvertising the project. Staff has contacted Caltrans and is requesting additional funds to cover the shortfall in the budget in the event that the rebidding of the project has the same bid results.
ENVIRONMENTAL:
N/A
ALTERNATIVES:
The City Council could accept the bid and award the project to DBX, Inc. Additional funds would have to be transferred to cover the cost exceeding the estimated amount.
FISCAL IMPACT: Page 187 of 672
Funding for the project has been appropriated in the Council adopted Fiscal Year 2023/2024 budget and includes Highway Safety Improvement Plan grant funds. There is no fiscal impact if bids are rejected. All other bids exceed the project’s budget.
ADDENDUM No. 1
TO CONTRACTDOCUMENTS FOR
SAFETY IMPROVEMENT FOR HIGH CRASH UNSIGNALIZEDINTERSECTIONS ISSUED: October 10,2023
This Addendumis issued to the Safety Improvement for High CrashUnsignalizedIntersections project. Submit proposals for this work with the understanding and ?ill consideration of this addendum.The revisionsdeclared herein are essential parts of the Contract. Each‘bidder shall acknowledge receipt of this Addendum by signing the acknowledgmentsectionof this addendum,and attachingthe complete, signed addendum to the Proposal.
Federal Aid Clari?cation
The Safety Improvement for High Crash UnsignalizedIntersectionsis not federally funded. Therefore,a DBE and/or good faith effort submission IS NOT required for bid responsiveness. Additionally, FHWA form 1273 and Buy America mandates are no longer required. Bidders must still comply with all other requirements as noted in the bid documents and documents incorporatedby reference.
This addendum has been prepared underthe direction of the undersigned city representative:
October 10. 2023
» mc”mPedersen,City Engineer Date
Addendum#1
Acknowledgement:
I have reviewedthematerials included in AddendumNo. 1 to the Safety Improvement for High Crash Unsignalized IntersectionsProject and understand the informationprovided is included as part of the contract documents.
Byg ? 10/24/23
espondent’s Signature Date
James C. Perry, President/Secretary/Treasurer
Respondent’s Name (printed)
DBX, Inc.
Name of Company
End of Addendum No. 1
Addendum #1
SECTION 300 - BID FORM
NAME OF BIDDER: DBX» '“°-
The undersigned Bidder hereby declares that it has carefully examined the location of the proposed Work, and has read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, forthe following Project: Safety Improvements for High Crash Unsignalized Intersections We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services.and to discharge all duties and obligations necessary and required to perform and Complete the Project in strict accordance with the Contract Documents for the following TOTAL BID PRICE:
BID SCHEDULE
UNITOF ESTIMATED
NO. ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
MEASURE
1 MOBILIZATION L8 1 251000‘O0 23000 I O0
2 TRAFFIC CONTROL L8 1 10,000.00 20. O00. O0
3 REMOVE EXISTING L3 1 CONFLICTINGSTRIPING \\\pUb.C)D woo«O0 4 REMOVE EXISTING LS 1 CONFLICTING MARKINGS 1,‘(500.00 r,I(r—3oO,oo 5 DEMO ASPHALT SF 1030 \Z.OO IZ grog go
\
I
6 CONCRETE CURB RAMP EA 1
\5,OOo.Oo \5,Ooo.0O
7 6”ASPHALT OVER SF 2201 COMPACTED NATIVE ' 23 .00 50 .K025.00 e REMOVE SIGNAGE EA 31 NB.UD ’5\\oo.Ob
9 sTOP BAR LF 363 80% LQOJLOU
10 sTOP LETTERING EA 72 No.00 mloo ‘O0
11 ADDITIONALLETTERING EA 126 gm.Q0 \\ qoqo O0
\
.
12 4" DOUBLEYELLOWLINE LF 56 ‘O 00 590 O0
13 4" WHITEEDGE LINE LF 311 5.00 M555 00
10 Twentynine Palms
Safety Improvements for High Crash Unsignalized Intersections
INTERMITTENTYELLOW LF 8
14 LINE 50,00 Lfob‘00
15 CAUTIONSIGNAGE W4-4P EA 4
(950.00 ?_\(pOO. oo
16 ALL-WAYSIGNS R-1-3P EA 12 tpO0,00 7,100. O0
FLASHINGCAUTION EA 18
17 SIGNAGE tp ,770.00 [Z I I ggagoo
18 FLASHINGSTOP SIGNS EA 16 5.5%.O0 6%IOOO'O0
TEMPORARY EA 4
19 CONSTRUCTION SIGNS 21500-00 L0, C?O .00
FLASHINGSCHOOL EA 2
20 SIGNAGE iO,OOo.oo 10,000. 00
RRFB CROSSWALK EA 2
21 ASSEMBLIES go,Q00. 00 10) O00/go
BOTTS' DOTS (PER EA 8
22 ASSEMBLY) (000.00 bi‘Q00.00
TOTAL BIDAMOUNT §“\7>O
I Q02 .00
Bid Amount in Numbers
‘Fem\’\\W\dttc\ ”R\z\Ti‘<v\\ T\mOo%omciI 3B:¥\uv\0\roni TIALODo\\o«/$ 0“/\d\'22/ro co,/\\(6 . BidAmount in Written Form Bidders must provide pricing for every bid item.
The estimated quantities for unit price items are for purposes of comparing bids only and the City makes no representation that the actual quantities of work performed willnot vary from the estimates.
In case of discrepancy between the unit price and the line item cost set forth for a unit price Item, the line item cost, calculated at the unit price multiplied by the estimated quantity, shall prevail and shall be utilized as the basis for determining the lowest responsive. responsible bidder. However, ifthe amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or Is omitted, or is the Same amount as the entry in the “Line Item Cost” column, then the amount set forth in the “Line Item Cost” column for the item shall prevail and Shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Ifany ofthe above discrepancies exist, the City may recalculate the bid price on the basis of the unit price and the bidder agrees to be bound by such recalculation. Final payment for unit price items shall be determined by the City from measured quantities of work performed.
In case of discrepancy between the written price and the numerical price, the written price shall prevail. 11 Twentynine Palms
Safety Improvements for High Crash Unsignalized Intersections
The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn forthe number of calendar days from the bid opening stated inthe Notice invitingBids from the bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.
The Contract Time shall commence on the date stated in the City's Notice to Proceed or as stated above.
In no case shall the Contractor commence construction priorto the date stated in the City's Notice to Proceed, or before providing the required bonds and evidence of insurance.
Bidder certifies that it is licensed in accordance withthe California law providing for the registration of Contractors, License No. 240547 , Expiration Date 07/31/2025 , class of license A 8: C-10 . Ifthe bidder is a joint venture, each member of the joint venture must include the above information.
The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days from the bid opening stated inthe Notice InvitingBids from the bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.
The undersigned acknowledges receipt, understanding and fullconsideration of the following addenda to the Contract Documents.
Addenda No. 1
Addenda No.
B|DDER‘S CHECKLIST
This checklist has been prepared and furnished to assist Bidders in including all items necessary fora complete Bid. Omission of items from the list does not relieve the Bidders ofthe obligation to comply with all requirements of the bid documents. Bidders’ submittals should include, but are not necessarily limited to, the following:
item Checked
1. Bid Form
2 Bid Schedule
3 Bid Bond or other security
4 List of Subcontractors
5. Information Required of Bidders
6. Contractor’s Certificate Regarding Workers’ Compensation 7 Non—Co|lusion Declaration
8 Iran Contracting Act Certification
9 1
l<lil<ll<l+
. Exhibit ‘i5—G N/A
0. Exhibit 15-H N/A
Bidder acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of “mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.
I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct. 12 Twentynine Palms
Safety Improvements for HighCrash Unsignalized intersections
NameW
DBX, Inc.
Signature 0/
Name and T e James C. Perry, President/Secretary/Treasurer Dated 10/24/2023
13 Twentynine Palms
Safety Improvements for High Crash Unsignalized Intersections
CALIFORNIA ACKNOWLEDGMENT ClVlL CODE § 1189
Anotarypublicor other officercompleting this certificateverifiesonlythe identityofthe individualwhosigned the document to whichthis certificateis attached, and not the truthfulness, accuracy, or validityofthat document.
State of California
County of Riverside }
on 10/24/2023 before me, Stephany Bravo, Notary Public
V Date Here Insert Name and Title of the Officer
personally appeared James0 Perry
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
" ' “ laws of the State of California that the foregoing STEPHANYBRAO > . NotaryPUNK_ Camomia paragraph is true and correct.
RiversideCounty §
1 ‘ Commissionit 2343074 ‘ WITNESS my hand and official seal. 1?
§Q MyComm, Expires Feb 19, 2025
Signature
P/ace Notary Seal and/or Stamp Above Signatu of am y Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reottachment of this form to an unintended document Description of Attached Document
Title or Type of Document:
Document Date: NumberofPages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: e Signer’S Name:
In Corporate Officer ~ Title(s):Preside!“/55°“{MY/TreasllferD Corporate Officer — Title(s):
El Partner— [1 Limited D General El Partner— D Limited D General El Individual D Attorney in Fact El Individual III Attorney in Fact El Trustee D Guardianor Conservator El Trustee El Guardianor Conservator El Other: El Other:
Signer is Representing: Signer is Representing:
©2019 National Notary Association
SECTION 305 — CONTRACTOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liabilityfor workers’ compensation or to undertake self-insurance in accordance with the provisions ofthat code, and Iwillcomply with such provisions before commencing the performance of the work of this Contract.
Name of '
Signature
Name Ja es C. Perry
-I-mePresident/Secretary/Treasurer
Dated 10/24/2023
14 Twentynine Palms
Safety Improvements for High Crash Unsignaiized intersections
Bond #N/A
Premium: Nil
SECTION 310 — BID BOND
The makers of this bond are DBXI“'10- , as Principal, and The Ohio Casualty Insurance Company , as Surety and are held and firmly bound unto the City of Twentynine Palms, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to the City for the work described below, for the payment of which sum in lawfulmoney of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONOF THIS OBLIGATIONIS SUCH that whereas the Principal has submitted the accompanying Bid dated October Q, 20;, for High Crash Unsignalized Intersections.
Ifthe Principal does not withdraw its Bid within the time specified in the Contract Documents; and ifthe Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond willremain in fullforce and effect.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall affect its obligation under this bond, and Surety does hereby waive notice of any such changes.
In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigationexpenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.
INWITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this 18th day of October , 20;, the name and corporate seal of each corporation. (Corporate Seal)
DBX, Inc.
Contractorl Principal
0? I
President/Secretary/Treasurer
(Attach Acknowledgment Form)
CorporateSeal)
he Ohio Casualty Insurance Company
Surety
By i E5: :
Attorney—in—Fact
(Attach Attomey—in-Fact Certificate)
Title
Spencer Flake
15 Twentynine Palms
Safety Improvements for High Crash Unsignalized Intersections
CALIFORNIA AI..lL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certi?cate veri?es only the identity of the individual who signed the document to which this certi?cate is attached, and not the truthfulness, accuracy, or validity of that document.
J
)
State of California
County of _________,_______
On before me,
Date Here Insert Name and Titleof the Officer
personally appeared
Name?) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaoity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______,_,________ Signature of Notary Public Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this fonrr to an unintended document.
Description of Attached Document
Title or Type of Document: _,,_M_,_______________________,__ Document Date:
_______*___,_________n___ Number of Pages: Slgner(s) Other Than Named Above: __ Capaoity?es) Claimed by Signer(s) Slgner's Name:
__:_j______ __W D Corporate Officer —— Title(s): m_______________ l"_‘lPartner —— ii] Limited II] General
Signer‘s Name:__ ,_,_________________,_______ {TlCorporate Office — Title(s):
,___?_,_____, F3 Partner ——~ if.‘Limited l"j'lGeneral
Cl Individual Cl Attorney in Fact Lilindividual E] Attorney in Fact [3 Trustee E3Guardian or Conservator El Trustee {Ii Guardian or Conservator lT_‘_i Other: ____________________,__,_~,__,__,__ l_”3Other: __ Signer is Representing: Signer is Representing:
mmwxzrwxxmnmmxwsmrwmucwmmmwmxwwwmmsmwsawmzrcsmwmoeamwamwm mromram/nwxewww @2014 National Notary Association - www.NationalNotary.org - L800-US NOTARY (t -800-876~6827) item #5907 NOTE: This acknowledgment is to be completed for Contractor/Principal. 16 Twentynine Palms
Safety Improvements for High Crash Unsignalized intersections
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Anotarypublicor otherofficer completing this certificateverifiesonlythe identity ofthe individualwho signed the document to whichthis certificateis attached, and not the truthfulness, accuracy, or validityofthat document.
State of California
County of Riverside
on 10/24/2023 before me StephanyBravo, Notary Public
Date Here Ir7ser!Nc1me and Title of the Officer
personally appeared JamesC- Pen)’
Name(s) of S/'gner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
STEPHANYBRAVO
NotaryPublicv California
RiversideCounty
Commission4‘2348074 E
WITNESS my hand and official seal.
Signature
Place Notary Seal and/or Stamp Above Signat re 0 No ory Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent rec/ttachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
DocumentDate: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by $igner(s)
Signer’s Name: IamesC. Peffx Signer’s Name:
El Corporate Officer — Title(s):PmSidem/Semtarv/Trea?rer 1:!Corporate Officer — Tit|e(s):
El Partner— Cl Limited D General I: Partner— :1 Limited El General El individual CI Attorney in Fact D Individual El Attorney in Fact El Trustee CI Guardianor Consen/ator El Trustee El Guardianor Conservator D Other: ________,______p_ El Other:
Signer is Representing:
T_____._______. Signer is Representing:
©2019 National Notary Association
GALIFOKNIA ALI.-PURPOSE AOKNOWLEIQGMEIIT CIVIL COQE § 1189 A notary pubiic or other officer completing this certi?cate verifies oniy the Identity oi the individualwho signed me document to which this certificaxe is attached, and not the truthfuiness, accuracy, or validity of that document.
State of Galifomia )
County of s.s..£9,EW€HlE$ ~~~~~ ,n.......,___..__............ ) On W_1”Q:,18—202u3________ before me, _,mmvLg§i9 _________ ,____,__,_,_,__,_, Date Here Insert Name and ‘Nile of meO/ricer osrsonaiiy appeared M2;§g ,,,,,,,,,,,,, M,.,_,,,,W,..m.M,m ,,,,,, M__ Name(s) of 8igner(s) who proved to me on the basis 0? satisfactory evidence to be the parson(s) whose name(s} is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the some in his/her/their authorized ciapacity?es), and that by hisiher/their signature(s) on the instrument the :1-orson(s), or the entity upon behaif of which the oersonis) acted, executed the instrument.
I cartify under F’iE€NAz2.fI"YOF PERJUHY under the taws . - - - - - of the State of Caiifornia that the foregoing paragraph LEXiESHERWOOD is true and correct.
COMM #2363681 U: E33 - .
i NOTARYPUBLIC CAL.1FORNiA3’ WEN my hand and °m°‘a’ sea“ ORANGECOUNTY :9 ' MYcomm. EXWRESJULY27, 2025 Signature M __ M HHHHH M gnatu of Notary Public Place Notary Seal Above
OFWONAL
Though this section is optionai, completing this information can defer aiteration of the document or fraudulent nearrachmen! of this fbrm to an unintended document Description of Attached Document
Title or Type of Document: ,, Wm M Dooumesnt Date:
Mm Number of Pages: _______,____ Signerts) Other Than Named hove: W ,,,,,,,,,,,, A, Capacity?es) Claimed by Signe?s) signers Name:
WMWMWWMWWW signers Name:
WWNMW as Corporate Officer —~ Ti {.7Corporate Officer w Ti’cie(s):_ ” Partner —- ['1 Limited {LEGanem! iii Partner - Limita? Genera! individuai i Anorheyin Fact ijindividual . Attorney in Fast Trustee LEGuardian or Conservator L‘?Trustee Guardian or Conservator Other: ,,,,,,,,,,,, M“ G Other:
Signer is Representin Signer is Fiepregentin
@2014 National Notary Association ~ www.Nation.aiNota:'y.org - 1—800»3JS NOTARY(1~800-876-6827) item #5907’ NOTE: This acknowledgment is to be completed for the Attorney—in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
ENDOF BID BOND
17 Twentynine Palms
Safety Improvements for High Crash Unsignalized Intersections
Not valid for mortgage, note, currency rate, interest rate or loan, residual lettervalue of credit, guarantees.
ThisPowerofAttorneylimitsthe acts ofthose namedherein,andtheyhaveno authorityto bindthe companyexcept inthe mannerandto the extent hereinstated. berty Liberty Mutual Insurance Company Mutual The Ohio Casualty Insurance Company Certi?cateN0: 82056494371919 ° West American Insurance Company
POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS: ThatTheOhioCasualtyInsuranceCompanyis a corporationdulyorganizedunderthe lawsoftheState ofNewHampshire,that LibertyMutualInsuranceCompanyisa corporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyis a corporationdulyorganized underthelawsoftheStateofIndiana(hereincollectivelycalledthe“Companies"), pursuantto andbyauthorityhereinset forth,doesherebyname.constituteandappoint,Charles L.
Flake,David L. Culbertson,HeatherWillis,Lexie Sherwood,SpencerFlake allofthecityof ‘ Anaheim stateof CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-fact tomake. execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandas itsactanddeed,anyandallundertakings,bonds,reoognizanoesandothersuretyobligations.inpursuance ofthesepresentsandshallbe as bindinguponthe Companiesas iftheyhavebeendulysigned by the presidentand attestedbythe secretaryof theCompaniesintheirownproper persons.
INWITNESSWHEREOF,thisPowerofAttorneyhas beensubscribedbyan authorizedof?cerorot?cialoftheCompaniesandthe corporatesealsoftheCompanieshavebeenaf?xed theretothis 25th dayof May , 2021
LibertyMutualInsuranceCompany
TheOhioCasualtyInsuranceCompany
WestAmericanInsuranceCompany %/We
DavidM.Carey,Assistant Secretary StateofPENNSYLVANIA55 CountyofMONTGOMERY Onthis 25th dayof May , 202] beforemepersonallyappearedDavidM.Carey,whoacknowledgedhimselftobetheAssistantSecretaryofLibertyMutualInsurance Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,and that he, as such, beingauthorizedso to do, executetheforegoinginstrumentforthe purposesthereincontainedbysigningonbehalfofthecorporationsbyhimselfas a dulyauthorizedof?cer.
INWITNESSWHEREOF,Ihavehereuntosubscribedmynameandaf?xedmynotarialseatat KingofPrussia,Pennsylvania,onthedayandyear?rst abovewritten. ‘SPCA? please call 610-832-8240 or veri?cationinquiries, emai OS R@libertymutua|.com.
CommonwealthofPennsylvania- NotarySeal Teresa Posiella.NotaryPublic Mycommission Commission
Montgomery
expires number
County March23.2025 3y;
/\ Q 1126044 , Member,PennsylvaniaAssociationorNotnrlcs TeresaPasieuarN°i3"YP”b"° ThisPowerofAttorneyis made and executedpursuantto and by authorityofthe followingBy-lawsand AuthorizationsofThe OhioCasualtyInsuranceCompany,LibertyMutual InsuranceCompany,andWestAmericanInsuranceCompanywhichresolutionsarenowinfullforceandeffectreadingasfollows:
ARTICLEIV- OFFICERS:Section12.PowerofAttorney.
Anyof?ceror otherofficialoftheCorporationauthorizedforthatpurposeinwritingbythe Chairmanorthe President,and subjectto suchlimitationas the Chairrnsnor the Presidentmayprescribe,shallappointsuchattorneys-in-fact, as maybe necessaryto act inbehalfoftheCorporationto make,execute,seal, acknowledgeanddeliverassurety anyandallundertakings,bonds,recognizancesandothersuretyobligations.Suchattorneys-in-tact,subjectto thelimitationsset forthintheirrespectivepowersofaitomey,shall havefullpowerto bindthe Corporationby theirsignatureand executionof any suchinstrumentsandto attachtheretothe seal ofthe Corporation.Whenso executed,such instrumentsshallbe as bindingas ifsignedbythe Presidentandattestedto bytheSecretary.Anypoweror authoritygrantedto any representativeorattomey-in~fact underthe provisionsofthisarticlemayberevokedat anytimebytheBoard,theChairman,thePresidentorbytheof?cerorol?cersgrantingsuchpowerorauthority.
ARTICLEXIII— ExecutionofContracts:Section5, SuretyBondsandUndertakings.
Anyof?ceroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthe president,andsubjectto suchlimitationsasthechairmanorthepresidentmayprescribe, shetlappointsuchattorneys-in-tact,as maybe necessaryto act in behalfofthe Companyto make,execute,seal.acknowledgeand deliverassurety any and allundertakings, For bond andlor Power ofAttorne
bonds,reoognizancesandothersuretyobligations.Suchattorneys-in-fact subjectto thelimitationssetforthintheirrespectivepowersofattomey,shallhavefullpowerto bindthe Companybytheirsignatureandexecutionofanysuchinstrumentsandto attachtheretothe seal oftheCompany.Whenso executedsuchinstrumentsshallbe as bindingasit signedbythepresidentandattestedbythesecretary.
Certi?cateofDesignation— ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretaryto appointsuchattorneys~infactas maybe necessaryto act on behalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.
Authorization— ByunanimousconsentoftheCompany'sBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certifiedcopyofanypowerofattorneyissuedbyhieCompanyinconnectionwithsuretybonds,shallbe validandbindingupontheCompanywith thesameforceandeffectas thoughmanuallyaf?xed.
I,ReneeC. Llewellyn,the undersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisa full,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,isinfullforceandeffectand hasnotbeenrevoked,
,
'
INTESTIMONYWHEREOF,Ihavehereuntoset myhandandaf?xedthe sealsofsaidCompaniesthis 18th dayof October , 2023 .
I ReneeC.Llewellyn, AssistantSecretary‘
LMS-12673LMICDCIC WAIC MultiCo 02/21
SECTION 320 — NON-COLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigneddeclares:
President/Secretary/
I am theTreasurer of DBX.|nC- , the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or ofthat of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidderthat is a corporation, partnership, joint venture, limited liabilitycompany, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at Temecula [city], California [state],
Name of ' er DEX’'”°-
Signature MU
Name Ja es C. Perrv
Tme President/Secretary/Treasurer
18 Twentynine Palms
Safety Improvements for High Crash Unsignalized intersections
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Anotary publicor other officer completing this certificateverifiesonlythe identity of the individualwho signed the document to whichthis certificate is attached, and not the truthfulness, accuracy, or validityofthat document.
State of California
County of Riverside }
on 10/24/2023 before me’ StephanyBravo, Notary Public
’ Date Here Insert Name and Title of the Officer
personally appeared JamesC“Perri’
Name(s) of Signer(s)
Y who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct. STEPHANBRAVO
Notary Public- California
RiversideCounty
Commission# 2348074
‘I av“ My Comm. Expires Feb 19, Z02
mvuwmwwa:n
WITNESS my hand and official seal.
;;ltVRN‘I
Signature
P/ace Notary Seal and/or Stamp Above Signat e of o ry Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number ofPages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: JamesC pert)’ $igner's Name:
ixlCorporate Officer — Title(s):President/Secreial‘//Treasurer E1Corporate Officer — Title(s):
El Partner— El Limited [1 General El Partner— El Limited I: General El Individual I: Attorney in Fact El individual El Attorney in Fact El Trustee El Guardianor Conservator El Trustee El Guardianor Conservator D Other: El Other:
Signer is Representing:
j____,; Signer is Representing:
©2019 National Notary Association
SECTION 330 — BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATIONABOUT BIDDER
Failure to complete all information may render your bid non-responsive. (Indicate not applicable ("N/A”) where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.
1.0 Name of Bidder: DBXvIm2.o Type, ifEntity: C°VP°ia“°“ 30 Bidder Address: 42024 Avenida Alvarado
Suite A
Temecula, CA 92590
951-296-9978 951-296-9909
Facsimile Number Telephone Number
[email protected] Ema" Address
4.0 How many years has Bidder’s organization been in business as a Contractor? 57 5.0 How many years has Bidder's organization been in business under its present name? 57 5.1. Under what other or former names has Bidder's organization operated?: N/A
6.0 if Bidder's organization is a corporation, answer the following:
6.1. Date of Incorporation: 01/20/1966
6.2. State of Incorporation: California
6.3. « President's Name: ‘James C‘ Perry
64. Vice-Presidents Name(s):
6.5. Secretary's Name: James C- Peri)’
6.6. Treasurer's Name: James 0- Perry
7.0 if an individual or a partnership. answer the following:
19 Twentynine Palms
Safety improvements for High Crash Unsignalized Intersections
7.1. Date of Organization:
, .
I _ 0 1
,F', . .
I 7.2. Name and address of all partners (state whethergeneralor limited partnership):
\L
8.0 Ifother than a corporation or partnership, describe organization and name principals:
9.0 List other states in which Bidder’s organization is legally qualified to do business.
N/A
10.0 What type of work does the Bidder normally perform with its own forces? Electrical Contractor; Traffic Signals, Street Lighting, Fiber Optics Communications; Synchronization
11.0 Has Bidder ever failed to complete any work awarded to it’?Ifso, note when, where, and why:
No.
12.0 Withinthe last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when itfailed to complete a contract? Ifso, attach a separate sheet of explanation:
No.
13.0 ListTrade References:
Swarco-McCain, 2365 Oak Ridge Way, Vista, CA 92081
Saf-T-Co 1300 E. Normandy Place Santa Ana, CA 92706
Rexel 2099 S. State College Blvd, Ste 200, Anaheim, CA 92806 20 Twentynine Palms
Safety improvements for High Crash Unsignalized Intersections
14.0 California Bank &Trust
List Bank References (Bank and Branch Address):
41615 Winchester Road
Temecula, CA 92590
Vera Nedeljkovic
15.0 Culbertson insurance Services, inc.
Name of Bonding Company and Name and Address of Agent:
5500 E. Santa Ana Canyon Rd. #201
Anaheim, CA 92807. Chuck Flake
'M.0\r\m Co\°.>\)o«\\»\\\/\$U‘(‘V|VS¢'4. (53 E00 ~‘5‘»l3.tpciqio .?oBoic'5's-52¢», Se<—v\'\'\—e wit ‘l6l’L‘-l [REMAINDEROF THIS PAGE INTENTIONALLYLEFT BLANK]
B. LIST OF CURRENT PROJECTS (BACKLOG)
***Noteto Bidders: Duplicate Page if needed for listing additional current projects.*** Project Description of Completion Cost of Bidderls Contact Name & Bidder’s Work Date WOrk Phone
Traf?c Signals gag/lggiéze W h' t & .
- - Willowinstall Traf?c Signals TBD $583,304.00 Brian Stephenson Ramp §;2*:,2;3%“i2’“'a
07-327204 Metering TBD 11,319,o15.9o Pa“, Wang
Emergency Force g2aét_r§3§_E£S7t9O7
O7-2XJ004 Account TBD 4,080,000.00 Peter Dinh
. C't f M
' Traf?c Signals at Traffic Signals at 65%/_g55_g3r2oX'a Various locations Various locations TBD 1,904,003-00 Christopher Castmita . .
_ _ County of San Diego g:g§§‘n"a" H‘/b"°' Pedestrian Hybrid TBD 2 122 801 00 619-349-4906 Beacon i i - Anrei Pineda . . County of San Diego ff 5 l 'T":‘a|"ca““’g“na
I t llT rr s‘ l TBD 2 122 801 00 619"34Q'49°6
at various locations nsa la '° '9”aS I i
' Anrei Pineda
City of Oceanside
_ Traffic Si nal 760-433-6881
Signal Modi?cation Modi?ca?gonTBD 216,550.00 Tam Tran
C't f F t
Traf?c Signals at Traf?c Signals at g55’.§50_°7'l3?3a
Various locations Various locations TBD 1.523,816-00 Jazmine Pena 21 Twentynine Palms
Safety improvements for High Crash Unsignalized intersections
C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
***Noteto Bidders: Duplicate Page if needed for listing additional completed projects.*** Please include only projects that are similar in size, scope and complexity to the Work to demonstrate Bidder’s abilityto perform the required Work.
Description of Period of Cost of Bidders Contact Name & Work Client Bidder’s Work Performance Work Phone
T""‘”° S‘9”a'5°'°‘ “WV 01/02/22- Andrei Pineda
County of San Diego 395 8‘Ra'”b°w 6'“ Rd 03/28/23 $1,369,069.24 619 340-4906 « 09/30/2021- Elvin Jiang
City of Pasadena E;?fc§aSt'%"E'§1T§53'$a‘ 08/01/2022 $420,803.01 626-744-7103 . Traffic Si nals 08/05/2020‘ Alex Chou
CW0*Lawndale Modifiaticgn 09/07/2021 $916,483.75 310-973-3261 22 Twentynine Palms
Safety Improvements for High Crash Unsignalized intersections
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:
The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.
1. List each person’sjob title, name and percent oftime to be allocated to this project:
1. James 0. Perry, President 25%
2. Tim Seaman, Project Manager 100%
2. Summarize each person’s specialized education:
1. President; Licensed Contractor; Certified Electrician; BA
2. Project Manager, Foreman, Estimator
3. List each person's years of construction experience relevant to the project:
1. 38
2. 85
4. Summarize such experience:
1. President; Licensed Contractor; Certified Electrician; BA
2. Project Manager, Foreman, Estimator
Bidder agrees that personnel named inthis Bidwillremain on this project in their designated capacities until completion of all relevant Work, unless replaced by personnel of equivalent experience and qualifications approved in advance by the City.
AdditionalBidder's Statements:
Ifthe Bidder feels that there is additionalinformation which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:
E. VERIFICATIONAND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
23 Twentynine Palms
Safety Improvements for High Crash Unsignalized Intersections
I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:
Name of
Signature
Name Ja s C. Perry
.7
1-mePresident/Secretary/Treasurer ,
Dated 10/24/23
END OF BIDDER INFORMATIONAND EXPERIENCE FORM
24 Twentynine Palms
Safety Improvements for High Crash Unsignalized intersections
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Anotary publicorother officercompletingthiscertificateverifiesonlythe identity ofthe individualwho signed the document to whichthis certificate is attached, and not the truthfulness, accuracy, or validityof that document.
State of California
County of Riverside }
On 10/24/2023 before me, Stephany Bravo, Notary Public
Date
personally appeared JamesC’ Perry
Here insert Name and Title of the Of?cer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatureisi on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
STEPHANYBRAVO
Notary fublic - California
RiversideCounty
Commissionvi‘2348074
MyComm. Expires Feb 19, 2025
§
P/oce Notary Seal and/or Stomp Above
Description of Attached Document
Title or Type of Document:
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattochment of this form to an unintended document, I certify under PENALTY OF PERJURY underthe
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal,
Signature
Signotur of
Document Date: NumberofPages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
El Partner— El Limited III General
El Individual D Attorney in Fact
El Trustee El Guardianor Conservator
III Other:
Signer is Representing:
Signer's Name: IamesC- Perry Signer‘s Name:
El Corporate Officer — Title(s):Pre5149"‘/SECYEWV/Tfeasum El Corporate Officer — Title(s):
El Partner— I:I Limited El General
I: Individual El Attorney in Fact
El Trustee El Guardianor Conservator
El Other:
Signer is Representing:
©2019 National Notary Association
SECTION 340 — DESIGNATION OF SUBCONTRACTORS
in compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California.each biddershall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, and (c) the portion of the work which willbe done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor's Total Bid Price. Notwithstanding the foregoing, ifthe work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor's total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
Ifno subcontractor is specified, for a portion of the work, or ifmore than one subcontractor is specified for the same portion of Work, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that itshall perform that portion itself.
The City requires the Contractor to perform at least 50% of the Work with its own forces and equipment.
CSLB
License "/ of the
Work to be done by
0 Name of Subcontractor Location of Business Subcontractor Number Work ‘SE Gwxwml Zqbq (L\- ‘,0 W’-‘;(l‘Bil‘-'59‘ H15 «'1 \O\5380 o En'§‘\\'\1>J?2nVv) \n c Rot.5\‘:?lDt- {:4V‘ L”;“$;?$“£'£:E°’“° 10 0/ bx)i\du,.W or"i’LS‘I5 compaa.'+spvuw-r°“"‘?
5uQ@\‘\b~r('?0\\"’J\""U\\‘ 90 B0): 218 grit 3M g_l'~( “nip 0% 0 V\o.«\Mvu3S ‘Mn; tbeosuvvxovxl-(‘A‘$1113 %(;“_w“v;‘{WW&|b€i:i kl’ 3 (9 0/ ::uemv;es
25 Twentynine Palms
Safety Improvements for High Crash Unsignalized Intersections
Name of Subcontractor Location of Business
Work to be done by
Subcontractor
CSLB
License
Number
% of the
Work
Name of B" r
Signature
DBX, Inc.
/M&"6c’<>.-——’*“
Name and We James C. Perry, President/Secretary/Treasurer Dated 10/24/2023
26 Twentynine Palms
Safety Improvements for High Crash Unsignalized Intersections
SECTION 350 — IRAN CONTRACTING ACT CERTIFICATION
(PUBLIC CONTRACT CODE SECTION 2200 ET SEQ.)
As required by California Public Contract Code section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractors status in regard to the Iran Contracting Act of 2010 (Public Contract Code section 2200 et seq.) is true and correct:
E The Contractor is not:
(i) identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code section 2203; or (ii) a financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code section 2203, ifthat person or entity uses or willuse the credit to provide goods or services in the energy sector in Iran.
IIIThe City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, Agency willbe unable to obtain the goods and/or senrices to be provided pursuant to the Contract.
El The ount of the Co ct payable to the Contractor for the Work does not exceed $1 ,000,000.
Signed C»— -/"—"
med esident/Secretary/Treasurer
Firm "TC.
Date 10/24/2023
Note: In accordance with Public Contract Code section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract Price, termination of the Contract and/or ineligibilityto bid on contracts for three years.
27 Twentynine Palms
Safety improvements for High Crash Unsignalized Intersections
STAFF REPORT
TO: City Council
FROM: Public Works Superintendent
FOR MEETING: Dec 12 2023
SUBJECT: Emergency Repair to the Septic System Leach Field at City Hall.
RECOMMENDATION:
The City Council Award a Contract to Van Dyke Corporation in the amount of $35,760.00.
ORDER OF PROCEDURE:
Request Staff Report (Public Works Superintendent
Presenting)
Council Questions of Staff
Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• VanDyke estimate Nov 13
2023 (002)
• MMB-Estimate 18 CITY OF
29P SEEPAGE PITS
• BidList-CHSewer
BACKGROUND:
The current leach field is failing causing inefficient leaching of grey water from City Hall. If left unrepaired, this could lead to a complete failure of the septic system. An inspection was completed, and the tank was pumped.
The camera inspection showed no percolation in seepage pits. Multiple vendors were contacted to obtain quotes for repair/replacement. Two contractors submitted bids and a third contractor declined to bid.
Van Dyke Corporation $35,760.00
Michael Mark Builders $39,250.00
Third Contractor Declined to Bid
Van Dyke Corporation proposes to install new seepage pits, a concrete distribution box, and all related plumbing.
The quote also includes all necessary parking lot repairs and backfill.
ENVIRONMENTAL:
N/A
ALTERNATIVES:
N/A
FISCAL IMPACT:
$35,760.00 from the General Fund Budget. Adjustments will be presented to the City Council during the mid-year budget adjustment review.
grilling
ANvnM°i‘s’"°sé°'§ri"‘c1."seavics
BILLING: olunmo
November 13, 2023
SCOPE LETTER
City of 29 Palms
6136 Adobe Rd
29 Palms CA, 92277
We are pleased to submit this proposal for Contractwork on the following project:
Install New seepage Pits, at City Hall
6136 Adobe Road, 29 Palms, CA 92277
The scope of work included in this proposal is as follows:
INSTALLNEWSEEPAGE PITS
Point of Connectionsto Effuientside of the existing Septic Tank. install New Concrete D—Boxwith Cast Iron Ring and Cover to Grade‘ Install New 4" SDR 35 PVC Site Piping.
6' wide x 30' Deep Beloe FlowlineSeepage Pits
Remove and Replace Asphalt.
CLARIFICATIONS& EXCLUSIONS:
The Van Dyke Corporation reserves the right to modify this proposal on receipt of approved or revised plans or Scope of Work.
Price includes paying Workers Prevailing Wage
Price includes Traffic Control
Price Includes all Excavationand Back?ll
Price does not include Permits / Inspection Fee's
Price Excludes ail PERK TEST.
TOTAL PROPOSAL
THE VAN DYKECORPORATION ACCEPTED
By: £21/7a:'I'7- “M
David Van Dyke, President By:
Approx
6797 Adobe Road
29 Palms, CA 92277
760 819-0801
760 367-5247 fax
[email protected]
Lic# 565576
Date
35,760.00
ea
ea
If
ea
ESTIMATE
MICHAEL MARK BUILDERS
7058 Mission Avenue
Twentynine Palms, California 92277
United States
Mobile: 760-285-2544
[email protected]
Bill to
CITY OF TWENTYNINE PALMS
6136 Adobe Road
Twentynine Palms, California 92277
United States
760 367-6799
Estimate Number: 18
Estimate Date: November 28, 2023
Valid Until: December 28, 2023
Grand Total (USD): $39,250.00
Items Quantity Price Amount
SERVICES
IMPROVEMENTS TO ONSITE WASTE WATER TREATMENT SYSTEM
1 $39,250.00 $39,250.00
SERVICES
REMOVE AND DISPOSE OF ASPHALT AT CONSTRUCTION AREA
1 $0.00 $0.00
SERVICES
INSTALL NEW DISTRUBUTION BOX. INSTALL CONCRETE ACCESS TO
GRADE WITH CAST IRON RING AND COVER
1 $0.00 $0.00
SERVICES
CONSTRUCT 2-EACH 6' X 30' SEEPAGE PITS WITH CONCRETE LINERS , CONCRETE LID WITH 4" PIPE TO GRADE WITH CONCRETE PIPE ACCESS COVER
1 $0.00 $0.00
SERVICES
BACKFILL AND COMPACT CONSTRUCTION AREA TO 90% . REPLACE ASPHALT TO MATCH EXISTING , SEAL ASPHALT JOINTS.
1 $0.00 $0.00
Total: $39,250.00
Grand Total (USD): $39,250.00
Bid List
City Hall Sewer Project
Replace Leach System
Emergency Repair
Bidder Number 1: Van Dyke Septic Service
$ 35, 760.00
Bidder Number 2: Mike Mark Builders
$ 39, 250.00
Bidder Number 3: Bill June Plumbing-US Rooter
$ Declined to Bid
STAFF REPORT
TO: City Council
FROM: Public Works Superintendent
FOR MEETING: Dec 12 2023
SUBJECT: Upgrade and Replace Radar Signs.
RECOMMENDATION:
The City Council Award a Contract to NextTech Systems in the amount of $70,489.36.
ORDER OF PROCEDURE:
Request Staff Report (Public Works Superintendent
Presenting)
Council Questions of Staff
Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• JKM111023K2
• JKM111023K1
• Q_Twentynine
Palms_Carmanah_Radar Signs
Replacement School
Zone_103023 (003)
• Q_Twentynine
Palms_Carmanah_Radar Signs
Replacement Arterial_103023
(003)
• 8591 Estimate from Skyline
Safety
• 8590 Estimate from Skyline
Safety
BACKGROUND:
The City currently has fifteen (15) radar signs located throughout the City. There are eight (8) signs located in school zones and seven (7) on major arterial roadways. These signs are approximately 15-20 years old and usually have a 10-year service schedule. Public Works has expended tremendous amounts of effort to maintain the current signs for many years, with mixed success. Parts are no longer readily available for the current signs. Page 221 of 672 Out of the current fifteen (15) signs, twelve (12) are currently not functioning and have been deemed unrepairable. These signs are a crucial part of our traffic safety strategy. Under City Council direction, Staff requested replacement quotes from three (3) vendors of these systems.
Next Tech Systems, Inc $70,489.36 (Current Technical Support Vendor) JAM Services $75,956.51
Skyline Safety $74,155.47
Next Tech Systems, Inc has provided the lowest bid and is a well-qualified firm.
ENVIRONMENTAL:
N/A
ALTERNATIVES:
The City Council could choose an alternate bidder or direct Public Works Staff to replace less signs.
FISCAL IMPACT:
$70,489.36. A CIRA Safety Grant will fund $60,000.00 and the remaining $10,489.36 will be funded from the Gas Tax fund.
JAM SERVICES, INC.
958 E Airway Blvd
LIVERMORE, CA 94550
____________________________________________________________________________________ Telephone (925) 455-5267
Fax (925) 455-5348
PRICE QUOTATION-JKM111023K2
City of Twentynine Palms
11/10/23
JAM Services is pleased to provide the following price quotation for the subject project.
Qty (8) Carmanah Speedcheck-15 Yellow 88 + Yellow Slow Down (88336) Qty (8) Carmanah Speedcheck-15 Sign 30 x 42” Your Speed FYG (85676) Qty (8) Carmanah Speedcheck-15 Mount Set Side of Pole 4 - 6in Od (Std.) (88419) Qty (16) Carmanah Led Module Incl. 12 Vdc Internal Driver 12” Display Must Have Opt. Output Harnessing Yellow (87796)
Qty (8) Carmanah Output Harnessing For Control Of 2x 12 Vdc Beacons 4 Conductor Speedcheck-15 Only (84854)
Qty (16) Led Module Harness, 16' (84390)
SUBTOTAL: $39,407.04
TAX @ 7.75%: $3,054.05
EST FREIGHT: $ 1,100.00
GRANDTOTAL: $43,561.09
Freight & Tax to be added as determined by the final BOM and the delivery address. If I can be of further assistance, please contact me at 925-455-5267.
Thank you – Cory Krisman
JAM SERVICES, INC.
958 E Airway Blvd
LIVERMORE, CA 94550
____________________________________________________________________________________ Telephone (925) 455-5267
Fax (925) 455-5348
PRICE QUOTATION-JKM111023K1
City of Twentynine Palms
11/10/23
JAM Services is pleased to provide the following price quotation for the subject project.
QTY (7) Carmanah SpeedCheck-15 yellow 88 + yellow slow down (88336) QTY (7) Carmanah SpeedCheck-15 sign 30 x 42in YOUR SPEED White (85677) QTY (7) Carmanah SpeedCheck-15 mount set side of pole 4 - 6in OD (std.) (88419) SUBTOTAL: $29,090.88
TAX @ 7.75%: $2,254.54
EST FREIGHT: $ 1,050.00
GRANDTOTAL: $32,395.42
Freight & Tax to be added as determined by the final BOM and the delivery address. If I can be of further assistance, please contact me at 925-455-5267.
Thank you – Cory Krisman
13885 Alton Parkway, Suite A, Irvine, CA 92618 (T) 949-916-2664 Quote
#2023-1303
10/30/2023
Customer
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
Project Project Location
SpeedCheck Signs Replacement School Zone City of Twentynine Palms General Terms & Conditions
1. Unless otherwise stated, quotes are valid for a period of 30 days.
2. Shipping costs may be estimated at the time of quoting and actual charges will be prepaid and added to the invoice. Deliveries requiring special handling (lift-gate, forklift etc.) will incur an additional charge. Where no shipping charge is included in the quote, actual charges will be prepaid and added to the invoice.
3. Standard terms of payment are payment in advance or, upon credit approval, net 30 days from the date of invoice. Credit card payments are accepted for an additional charge of 3%.
4. Technical support, not installation, if not already stated as included in the quote is available for $800 per location and must be pre-scheduled at least 2-3 weeks in advance of installation/turn-on date.
5. Minimum order is $500.
6. All orders are non-cancellable, non-returnable unless otherwise stated. 1 of 1
Qty Item Description
8 88336 SpeedCheck-15 yellow 88 + yellow slow down
8 85676 SpeedCheck-15 sign 30 x 42in YOUR SPEED FYG
8 88419 SpeedCheck-15 mount set side of pole 4 - 6in OD (std.) 16 87796 LED module incl. 12 vdc internal driver 12in display must have opt. output harnessing Yellow
8 84854 Output harnessing for control of 2x 12 vdc beacons 4 conductor SpeedCheck-15 only
16 84390- C LED module harness, 16'
Subtotal $36,488.00
Est. Shipping Cost $1,100.00
Tax Total (7.75%) $2,827.82
Total $40,415.82
13885 Alton Parkway, Suite A, Irvine, CA 92618 (T) 949-916-2664 Quote
#2023-1304
10/30/2023
Customer
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
Project Project Location
SpeedCheck Signs Replacement Arterial City of Twentynine Palms General Terms & Conditions
1. Unless otherwise stated, quotes are valid for a period of 30 days.
2. Shipping costs may be estimated at the time of quoting and actual charges will be prepaid and added to the invoice. Deliveries requiring special handling (lift-gate, forklift etc.) will incur an additional charge. Where no shipping charge is included in the quote, actual charges will be prepaid and added to the invoice.
3. Standard terms of payment are payment in advance or, upon credit approval, net 30 days from the date of invoice. Credit card payments are accepted for an additional charge of 3%.
4. Technical support, not installation, if not already stated as included in the quote is available for $800 per location and must be pre-scheduled at least 2-3 weeks in advance of installation/turn-on date.
5. Minimum order is $500.
6. All orders are non-cancellable, non-returnable unless otherwise stated. 1 of 1
Qty Item Description
7 88336 SpeedCheck-15 yellow 88 + yellow slow down
7 85677 SpeedCheck-15 sign 30 x 42in YOUR SPEED White
7 88419 SpeedCheck-15 mount set side of pole 4 - 6in OD (std.) Subtotal $26,936.00
Est. Shipping Cost $1,050.00
Tax Total (7.75%) $2,087.54
Total $30,073.54
Estimate
Date
11/9/2023
Estimate #
8591
Name / Address
City of 29 Palms
Craig Stacey
Ship To
Skyline Safety and Supply
4513 Nipomo Ave
Lakewood, CA 90713
CA Small Bus # 1755773
Phone # 714-925-0338
[email protected]
Total
Subtotal
Sales Tax (7.75%) To Order Please Contact Sales Rep
Tricia Sontag
Cell# 714-925-0338
Item Description Qty Rate Total
88336 SpeedCheck-15 Yellow 88 + yellow slow down 8 0.00 0.00T 85676 SpeedCheck-15 Sign 30 x 42" YOUR SPEED FYG 8 0.00 0.00T 88419 SpeedCheck-15 Mount set side of pole 4 - 6" OD - std. 8 0.00 0.00T 87796 LED module included 12 vdc internal driver 12" display must have opt output harnessing Yellow
16 0.00 0.00T
84854 Output harnessing for control of 2x 12 vdc beacons 4 conductor SpeedCheck - 15 only
8 0.00 0.00T
84390- C 16' LED module harness 16 0.00 0.00T
Misc Line Item Subtotal 38,312.40 38,312.40T
SHIP Shipping and Handling 1,300.00 1,300.00
SpeedCheck Signs Replacement School Zone
$42,581.61
$39,612.40
$2,969.21
Estimate
Date
11/9/2023
Estimate #
8590
Name / Address
City of 29 Palms
Craig Stacey
Ship To
Skyline Safety and Supply
4513 Nipomo Ave
Lakewood, CA 90713
CA Small Bus # 1755773
Phone # 714-925-0338
[email protected]
Total
Subtotal
Sales Tax (7.75%) To Order Please Contact Sales Rep
Tricia Sontag
Cell# 714-925-0338
Item Description Qty Rate Total
88336 SpeedCheck-15 yellow 88 + yellow slow down 7 0.00 0.00T 85677 SpeedCheck-15 sign 30 x 42in YOUR SPEED White 7 0.00 0.00T 88419 SpeedCheck-15 mount set side of pole 4 - 6in OD (std.) 7 0.00 0.00T Misc Line item Sub Total 28,282.00 28,282.00T
SHIP Shipping and Handling 1,100.00 1,100.00
SpeedCheck Signs Replacement Arterial
$31,573.86
$29,382.00
$2,191.86
STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Dec 12 2023
SUBJECT: Revised Treasurer's Report - FY 2023-24 Quarter 1.
RECOMMENDATION:
The City Council receive and approve the revised Treasurer's Report for the 1st Quarter of Fiscal Year 2023-24.
ORDER OF PROCEDURE:
Request Staff Report (Finance Director Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• TREASREP 9.30.23 REVISED
• Securities Report 09.30.23 -
Revised
BACKGROUND:
The Finance Director is resubmitting the Treasurer's report for the first quarter of Fiscal Year 2023-24. The revised report includes corrections in the classification of cash and investments balances as well as account adjustments made after the original report was prepared.
ENVIRONMENTAL:
N/A
ALTERNATIVES:
The City Council could choose not to approve the revised report.
FISCAL IMPACT:
N/A
City of Twentynine Palms
Treasurer's ReportSeptember 30, 2023
Interest Market Percent
Depository Term Matures Rate Amount Value of TotalPetty Cash and Cash on Hand On Hand N/A $700 $700 0.00%PPBI Bank Checking Account Demand 0.00% $1,595,508 $1,595,508 10.90%PPBI Bank - Successor Agency Demand 0.00% $2,356 $2,356 0.02%Local Agency Investment Fund Demand 3.59% $5,737,056 $5,658,503 38.64%U.S. Treasury Bills 5.143% $1,465,821 $1,484,888 10.14%Cerfificate of Deposit 3.55% $5,418,000 $5,181,460 35.38% Total City Funds $14,219,441 $13,923,415 95.08%Funds Held in Trust:Cash With Fiscal Agent (Project Phoenix) $720,865 $720,865 4.92%Total Funds in the Treasurer's Custody $14,940,306 $14,644,280 100.00%NOTES:1) All the above investments are in compliance with the City's Investment Policy.2) The City has sufficient funds to meet its expenditure requirements for the next six months.Prepared by: Abigail Hernandez CondeDate: 12/05/23
City of Twentynine Palms RMB033895
Account eCD70981Report Name Position Report Export
Executed 9/30/2023Certificates of Deposit
Issuer Settle Date Maturity Date Principal Payment Frequency Rate Interest Earned Redeemed AMERICAN EXPRESS 6/29/2022 6/29/2027 $245,000.00 Monthly 3.40% $684.66AUSTIN TELCO FED CR 9/21/2022 9/21/2027 $249,000.00 Monthly 3.80% $777.70 BEAL BK USA LAS 3/2/2022 2/24/2027 $245,000.00 Semi Annual 2.05% $412.81 CAPITAL ONE BK USA 5/11/2022 5/11/2027 $246,000.00 Semi Annual 3.20% $647.02 CAPITAL ONE NATL 4/27/2022 4/27/2027 $245,000.00 Semi Annual 2.90% $583.97 COBALT FED CR UN 9/15/2022 9/15/2027 $249,000.00 Monthly 3.60% $736.77 CREDIT UN OF TEX 9/14/2022 9/15/2025 $245,000.00 Semi Annual 3.60% $735.00DISCOVER BK 5/18/2022 5/19/2027 $246,000.00 Semi Annual 3.20% $647.01DORT FINL CR UN 6/20/2023 6/20/2028 $247,000.00 Quaterly 4.50% $913.56 FIRST INTERNET BK 9/28/2022 9/29/2025 $249,000.00 Monthly 4.00% $818.63 FIRST TECHNOLOGY FED 7/15/2022 7/15/2027 $249,000.00 Monthly 3.60% $736.77GREENSTATE CR UN 9/26/2023 9/26/2028 $248,000.00 Monthly 5.00% $67.95LAFAYETTE FED CR UN 5/25/2022 5/25/2027 $245,000.00 Monthly 3.25% $654.45 MAINE SVGS FCU 7/21/2023 7/21/2028 $248,000.00 Monthly 4.80% $978.41METRO CR UN CHELSEA 7/13/2022 1/12/2024 $240,000.00 Monthly 3.10% $611.51MORGAN STANLEY 10/3/2019 10/3/2024 $245,000.00 Semi Annual 1.95% $392.67 MORGAN STANLEY BK N 9/15/2022 9/15/2026 $245,000.00 Semi Annual 3.60% $724.93 MOUNTAIN AMER FED CR 10/14/2022 10/15/2024 $248,000.00 Monthly 4.75% $968.22QUORUM FED CR UN PUR 9/30/2022 9/30/2026 $249,000.00 Monthly 4.15% $849.33 STATE BK INDIA NEW 3/10/2022 3/10/2027 $245,000.00 Semi Annual 2.20% $443.01 SYNCHRONY BK RETAIL 7/29/2022 7/29/2025 $245,000.00 Semi Annual 3.40% $684.65TOYOTA FINL SVGS BK 9/16/2022 9/16/2027 $245,000.00 Semi Annual 3.60% $724.94TTCU FED CR UN TULSA 9/30/2022 9/29/2023 $0.00 Monthly 4.00% $764.05 $249,000.00 Totals $5,418,000.00 3.55% $15,558.02 $249,000.00United States Treasury Bills TSRYS5572672 6/9/2023 10/26/2023 $245,289.64 At Maturity 5.056% $0.00 TSRYS5596016 6/9/2023 12/7/2023 $243,783.02 At Maturity 5.157% $0.00TSRYS5601985 6/22/2023 12/21/2023 $976,747.89 At Maturity 5.217% $0.00Totals $1,465,820.55 5.143%
STAFF REPORT
TO: City Council and City Manager
FROM: Recreation Division Manager
FOR MEETING: Dec 12 2023
SUBJECT: CDBG Application Submission FY 2024/25.
RECOMMENDATION:
The City Council approve the submission of the Community Development Block Grant funding application for Fiscal Year 2024/2025.
ORDER OF PROCEDURE:
Request Staff Report (Recreation Division Manager
Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• 24_25 CDBG Application
BACKGROUND:
Each year, the County of San Bernardino requests applications for the use of Community Development Block Grant funds (CDBG) for use within the City of Twentynine Palms. The City of Twentynine Palms and various community non-profit organizations throughout the City submit applications.
The City has submitted an application for rehabilitation and reconstruction of the degraded asphalt parking lot located at 74362 Joe Davis Drive (the Parks and Recreation Department office). This project will remove the current asphalt surface, replacing it with concrete. This will remove barriers that restrict the mobility of elderly and disabled persons, bringing the lot into ADA compliance and provide a safe pathway of travel and parking. The City has requested $170,000 in CDBG funding for this project.
Each organization submits their application to the Community Development and Housing Agency (CDH) for review to ensure that each application meets the requirements for use of federal funds and that each organization is in good standing.
Once the County Board of Supervisors reviews the applications, all projects that are deemed eligible are sent back to the City for funding prioritization. The City does not yet know how much funding will be available. The City may fund up to 2 projects and are not required to meet the $10,000 public service minimum or the $75,000 construction project minimum.
ENVIRONMENTAL:
None.
ALTERNATIVES:
The City may choose not to approve the submission, which will result in the project not being funded.
FISCAL IMPACT:
CDBG funds are reimbursable. The City will be required to fund the project and request reimbursement after the project is completed.
Construction Program Application Fiscal Year –
San Bernardino County
Fiscal Year -
Construction Improvement Application
The following documents must be submitted in the order listed, please be sure to submit all attachments to your application.
Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Project Characteristics
Exhibit 4: Priority Needs:
Exhibit 5: Project Budget & Sources
Exhibit 6: Proposed Goals and Milestones
Exhibit 7: Agency Capacity Narrative
Exhibit 8: Civil Rights Laws Compliance And HUD Good Standing Exhibit 9: Signatures And Assurances
Maintenance And Operations Agreement
Application Checklist
________________
Log Number
(Office Use Only)
1 ✔
2025 ✔
✔
2024 ✔
✔
✔
✔
✔
2024 ✔
✔
2025 ✔
Construction 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 The City of Twentynine Palms seeks to create and promote the economic and social well being of its residents while maintaining our relaxed atmosphere and air quality. Simultaneously creating a stronger and more diversified economy through attracting arts and tourism, development, health and retirement as well as recreational and clean non-polluting industries.
The City population is approximately 28,000. The city was established on November 11, 1987 and has been serving citizens for 36 years. Our supportive services include over 20 acres of parks, community gathering spaces, a community swimming pool, gymnasium, outdoor stage, dog park, etc. The city funding sources are derived from local, state, and federal taxes as well as state and federal grants.
Recreation Division Manager [email protected] 6136 Adobe Road 2024 760-367-5679 [email protected] Kary Minatrea City of Twentynine Palms 760-367-7562 Recreation Division Manager 2025 Twentynine Palms / CA / 92277 760-367-7562 760-367-5679 Twentynine Palms / CA / 92277 Kary Minatrea Construction 74362 Joe Davis Drive
Construction Program Application Fiscal Year –
Exhibit 2: Project Information
Project Title:
Address:
City /State/Zip:
County Supervisorial District where project will be located:
Project Type (Description):
If requesting additional funds for an existing CDBG project, provide prior CDBG project number? Eligible Block Group
Indicate eligible Block Group to be benefited by CDBG Funds requested.
Provide a map identifying the eligible census block as indicated in the Eligible Census Blocks. 3 1
st District 2nd District 3rd District: 4
th District 5th District
Is this a new construction project, or a request for additional funding to an existing CDBG Project? Twentynine Palms / CA / 92277 2025 74362 Joe Davis Drive X The census block number is 010433. This particular area services the entire community of Twentynine Palms and residents that reside outside of the city limits and unincorporated areas.
ADA Accessible Parking Lot Rehabilitation Project 2024
Removal and replacement of the current asphalt parking lot located at 74362 Joe Davis Drive (the Parks and Recreation Department office). This project will remove the existing asphalt and be replaced with concrete, allowing for safe disabled parking spaces, the upgrade of accessibility and the removal of barriers and hazards that restrict the mobility of elderly and disabled persons.
New Construction Project
Construction Program Application Fiscal Year –
EXHIBIT 2A: Countywide Vision
Indicate Yes/No in the table below which 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 Yes Yes Yes Yes 2024 2025 Yes Yes Yes
The City of Twentynine Palms envisions a sustainable system of high quality community, health, public safety, housing, retail, recreation, arts & culture and infrastructure. The rehabilitation of this parking lot will bring it up to current ADA code requirements while providing a safe route to amenities for those who may be elderly or disabled.
Yes
Construction Program Application Fiscal Year –
Exhibit 3: Project Characteristics
Street address and nearest cross streets of the site where the program will be carried out:
Legal property owner:
What is the current zoning?
Is this use permitted in this zoning?
Is a conditional use permit required? Yes/No
Complete applicable items for all construction projects:
• Assessor's parcel number:
• Square footage of proposed building or building addition:
• Square footage of construction site parcel:
• Length of improvements if street, water or sewer project:
• Service capacity of existing facility:
• Improved service capacity of the facility:
• Age of structure:
• Is the structure registered as a historic landmark under state, federal or local Law? Describe the geographic boundaries of the neighborhood, community, or region to be served by this project. This description must include service area boundaries if land acquisition or structural improvements are proposed (attach a map):
5 062316113 14,400 30+ years NoYes City of Twentynine Palms Public 2024 2025 no The area is situated within the boundaries of Luckie Park which is situated on the east side of the city. This area is where most of the larger outdoor community events and recreational sports take place. The parking lot serves many citizens of the community. Page 239 of 672 Construction Program Application Fiscal Year –
Exhibit 4: Priority Needs:
Complete the table below by answering “Yes” or “NO”.
Public Facility’s Needs: Yes/ No:
Senior Center Improvements
Community Center Improvements
Child Care Center Improvements
Youth Center Improvements
Park & Recreation Improvements
Social Care Facility Improvements
Code Enforcement Needs
Code Enforcement
Demolition and Clearance
Blight Abatement
Infrastructure Needs
Water and Sewer Improvements
Drainage Improvements
Street Improvements
Sidewalk Improvements
Commercial/ Industrial Infrastructure Development
Accessibility Needs
Removal of Architectural Barriers
Historic Preservation Needs:
Historic Preservation Improvements
Other:
6 Yes No No No No No No 2025 Yes Yes No Yes No No Yes No No 2024 Yes Yes Yes No Yes
Construction Program Application Fiscal Year –
Exhibit 4: Priority Needs (continued)
HUD Demographics: (Please indicate 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? Why this project is considered a priority?
Why this project is needed, Site the evidence to substantiate the need? Why must this proposed project be funded now versus receiving funding in future years?
What are the ramifications if this project is not recommended for funding in this fiscal year?
7 The current condition of the parking lot is extremely poor. It is unsafe for the general public as well as those that may be elderly or disabled to navigate due to the lack of upgrades or repairs over the years. The asphalt is severely cracked, sloped and raised throughout.
Yes No
The parking lot is not up to ADA compliance and is considered a substantial need. 2024
The area is unsafe for the general public as well as the elderly and disabled citizens.
No No
Potential litigation due to the unsafe condition/non-compliance accessibility or an injury. 2025
Construction Program Application Fiscal Year –
What is the project’s population to be served?
What is the projects accomplishment level?
Summarize the Scope of Work; include in your summary the number of units or activities the project will complete with CDBG funds.
Describe how the project preserves a low and moderate-income neighborhood, or provides other community benefits.
8 This project is urgently needed and will allow us to provide a safe, accessible environment for residents.
The project serves the entire community of Twentynine Palms as well as the surrounding unincorporated areas. The city currently has an estimated population of 28,000 residents. 2024
An engineer was brought in to assess the condition of the parking lot and recommended that this project was urgently needed.
An engineer will research and design the area to include the ADA requirements for compliance. The project will be put out to bid to select the lowest qualified contractor to complete the project. Bidders will need to furnish all tools, equipment and incidentals necessary for the removal and disposal of the existing surface in order to rehabilitate/reconstruct the parking lot. 22 parking spaces and 2 accessible spaces for a total of 24 spaces.
The project will also repair the slope and level of the parking lot to allow safe access and proper water drainage.
2025
Construction Program Application Fiscal Year –
Exhibit 5: Project Budget & Sources
Provide the estimated financial data for the project as requested below for the appropriate project group. Costs should be based on the best information available. When preparing this data, consider the following factors: (a) project should be completed in one phase if possible, or if phased, operational capability of the phases should be independent of each other: (b) a phased project should be prioritized and broken into distinct parts, with estimated cost and priority for each part; (c) apply federal prevailing wage rates to construction projects over $2,000.
Project Budget
SB County Share ($): Other Source ($):
Architectural and
engineering services
Site acquisition
Local Review application
Construction
Other:
Total
Overall Total Project Cost: (CDBG Share + Other Source) 9 $145,000.00 2024 $0.00 $170,000.00 $25,000.00 $170,000.00 2025
Construction Program Application Fiscal Year –
Exhibit 5A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.
City Amount Requested ($)
(This amount should match the grand
total requested from CDBG Share)
10 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
Twentyni 2024
07/01/2024
2025
$10,000.00 $10,000.00 $170,000.00
General Fund Page 244 of 672
Construction Program Application Fiscal Year –
Exhibit 6: Proposed Goals and Milestones
Explain how the project will meet contract goals and milestones. For example, project expenditures and performance/accomplishment goals of 40% by September 30th, 50% by December 31st, 80% by March 31st, and 100% by June 30th.
Fill-in the table below with dates for submission of reimbursement claims and the estimated amount of each.
Date of
Reimbursement:
Amount ($):
Total Reimbursement:
11 $170,000.00
The projected timeline of completion is 100 percent by November 2024. 2024 2025 11/01/2024 $170,000.00
Construction Program Application Fiscal Year –
EXHIBIT 7: 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: Yes/ No
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?
12 All staff within the city have experience with the successful completion of CDBG, state and federal administration of public funds.
2024 2025
No No
During annual strategic planning sessions, the project will be recommended as a priority.
No No Yes
Construction Program Application Fiscal Year –
Exhibit 8: 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 2024 2025 No No
14 E-Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
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 CDBG - 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.
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
Agency Name: Federal Tax ID No.:
Mailing Address: Phone No.:
Email Address: Fax No:
Authorized Signature
Print Name: Print Title:
Signature: Date:
- Application
Please send the signed copy of this one page agreement to:
San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215-0043 Attn: CDBG Application
2025 2025 2025 2024 2024 2024 City of Twentynine Palms City of Twentynine Palms 33-0265469 [email protected] (760) 367-7562 (760) 367-5679 6136 Adobe Road
Construction Program Application Fiscal Year -
Maintenance and Operations Agreement
Please keep in mind the Maintenance and Operations cost is ineligible for CDBG funds.
All capital improvements or facilities will require a Maintenance and Operation (M & O) contract. The MAINTENANCE AND OPERATION COMMITMENT must be signed by a representative of the M & O entity with authority to obligate the organization.
1) MAINTENANCE AND OPERATION COMMITMENT: The governing body of the below named public, quasi-public, or non-profit entity has the financial capacity and is willing to assume the Maintenance and Operation (M & O) responsibility and costs associated with the indicated community development project. This body has reviewed the "Estimated Annual Maintenance and Operation Budget" part of this section. To the best of this body's ability, it has determined this budget to be a true and accurate estimate of the annual M & O costs for the proposed project.
It is understood that without a commitment for maintenance and operation, the indicated project may not be considered for funding under the Community Development Block Grant program. Should this project be funded, a formal M & O contract shall be written and signed before any funds can be released.
NOTE: The Maintenance and Operation cost for capital improvements and facilities are not eligible for CDBG funding.
Proposed Project:
Legal/ Incorporated Name of Prospective M&O Entity:
Address:
Federal I.D. Number of M&O Entity:
Signature: ____________________________________ Title: _____________________ Print Name: ___________________________________ Date:
15 2024 ADA Accessible Parking Lot Rehabilitation Project 2025 City of Twentynine Palms 33-0265469 6136 Adobe Road
Construction Program Application Fiscal Year -
Maintenance and Operations Expenses
Utilities Amount ($):
Electric
Water
Gas
Telephone
Disposal Service
Other:
Sub-Total
Materials
Janitorial Supplies
Office Supplies
Recreational Supplies
Ground Supplies
Other:
Sub-Total
Maintenance – Capital Improvements
Building Repair
Maintenance of Equipment
Improvements to Property
Other:
Sub-Total
Insurance
Liability
Fire
Other:
Sub-Total
16 $1,000.00 2025 $0.00 $0.00 2024 $0.00 $1,000.00
Construction Program Application Fiscal Year -
Personnel
Maintenance
Secretary
Administrator
Program Staff
Other:
Sub-Total
M& O Annual Expense Total
List out all sources and liabilities such as budget sources, membership, user fees, etc.
Revenue Sources: Amount ($):
Budgeted Revenue Total
Assets/ Liabilities Amount ($):
Budgeted Revenue minus M&O Expense
17 2024 2025 $1,500.00 $1,500.00 $2,500.00 ($2,500.00) $0.00
Construction Program Application Fiscal Year -
CDBG Application Checklist
(Non-Profit Agency 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) 501-0600 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 agency’s 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.
18 2024 2025
STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Dec 12 2023
SUBJECT: DCA23-000015 DTSP Land Use Tables - Second Reading.
RECOMMENDATION:
The City Council find the project exempt from CEQA and adopt the Ordinance, approving the Development Code Amendment for the Downtown Specific Plan land use tables.
ORDER OF PROCEDURE:
Request Staff Report (Community Development
Director Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• City Council Ordinance -
DTSP Land Use Tables
• Chapter 19.175 Specific Plan
6 DTSP draft
• PC Reso 23-14 - DTSP
BACKGROUND:
On November 14, 2023, the City Council held public hearing on a Development Code Amendment to the Downtown Specific Plan land use tables to make the language consistent with the Development Code. On September 19, 2023, the Planning Commission held a public hearing on this amendment and forwarded a recommendation to the City Council for approval of the amendment.
The Downtown Specific Plan was adopted on May 10, 2022, by the City Council. Within this document is an allowable land use table (Figure DC-1.2.A). The terminology used in this table is not consistent with the terminology used for the other zones in the Development Code, and needs to be updated per the recent changes to State housing law.
The proposed changes to the allowable land use table for the Downtown Specific Plan are reflective of the language that has been adopted for the other zones in the Development Code, and also reflects the recently adopted Housing Element of the General Plan.
In order to approve a Development Code Amendment, the City Council, must make certain findings consistent with the provisions of Municipal Code Section 19.46.070. The recommended findings are provided below and have been included in the attached Ordinance. Page 253 of 672 A. That the Zone Change or Development Code Amendment is consistent with the intent of the goals and policies of the General Plan.
The Development Code Amendment is consistent with the following policies of the General Plan:
Goal LU-4 - Adequately address the potential impacts of new development on the existing community and the City’s infrastructure system.
B. The Zone Change or Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.
The Development Code Amendment is to bring the allowable uses of the Downtown Specific Plan into compliance with the terminology of the other zones within the Development Code.
C. The Zone Change or Development Code Amendment provides reasonable propertydevelopment rights while protecting environmentally sensitive land uses and species.
The Amendment to Article 8, Chapter 19.175, Specific Plan 6 reflects the adopted Twentynine Palms Specific Plan and makes it consistent in language with the Development Code.
D. The Zone Change or Development Code Amendment ensures protection of the general health, safety and welfare of the community.
The Development Code Amendment will not be detrimental to the health, safety or welfare of the community.
ENVIRONMENTAL:
The project is exempt from the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
ALTERNATIVES:
The City Council could choose to:
1. Request additional information from Staff and postpone the hearing to a date certain.
2. Make modifications to the draft code and adopt with recommended changes.
3. Deny the Development Code Amendment.
FISCAL IMPACT:
None.
CITY OF TWENTYNINE
PALMS CITY COUNCIL
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE
PALMS, CALIFORNIA, ADOPTING A DEVELOPMENT CODE
AMENDMENT AMENDING CHAPTER 19.175 SPECIFC PLAN 6 OF THE CITY OF TWENTYNINE PALMS DEVELOPMENT CODE.
WHEREAS, the City of Twentynine Palms General Plan was adopted by the City Council on April 24, 2012; and
WHEREAS, the City of Twentynine Palms Development Code was adopted by the City Council on July 26, 2016; and
WHEREAS, the Downtown Specific Plan was adopted by the City Council on May 10, 2022; and
WHEREAS, on September 06, 2023, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on September 19, 2023, the Planning Commission of the City of Twentynine Palms held a duly noticed and advertised Public Hearing on the Development Code Amendment and forwarded a recommendation to the City Council for approval; and WHEREAS, on November 01, 2023, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on November 14, 2023, the City Council of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment as reflected in "Exhibit A" in accordance with the California Government Code Section 65350 et. seq. and California Government Code Section 65853 et. seq., required by law for this amendment; and
WHEREAS, a Public Hearing was held by the City Council on November 14, 2023, at which time the Council introduced Ordinance No. ___, amending Chapter 19.175 Specific Plan 6 of the Development Code, and
WHEREAS, on November 14, 2023, at the above noted Public Hearing for the Development Code Amendment, the City Council of the City of Twentynine Palms considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment and recommended that in accordance with the California Environmental Quality Act (CEQA) Guidelines Section, the proposed zoning text amendment has been reviewed for its potential to impact the environment. Pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act, the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, the City Council found that on the basis of the whole record before it, including any public comments received, there is no substantial evidence that the Development Code Amendment would have a significant effect on the environment and that the proposed CEQA determination reflected the City Council's independent judgment and analysis; and
WHEREAS, the City Council, in its review of the proposed Development Code Amendment, makes the following findings:
A. That the Zone Change or Development Code Amendment is consistent with the intent of the goals and policies of the General Plan.
The Development Code Amendment is consistent with the following policies of the General Plan:
Goal LU-4 - Adequately address the potential impacts of new development on the existing community and the City’s infrastructure system.
B. The Zone Change or Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.
The Development Code Amendment is to bring the allowable uses of the Downtown Specific Plan into compliance with the terminology of the other zones within the Development Code.
C. The Zone Change or Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.
The Amendment to Article 8, Chapter 19.175, Specific Plan 6 reflects the adopted Twentynine Palms Specific Plan and makes it consistent in language with the Development Code.
D. The Zone Change or Development Code Amendment ensures protection of the general health, safety, and welfare of the community.
The Development Code Amendment will not be detrimental to the health, safety, or welfare of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, TAKES THE FOLLOWING ACTIONS:
Section 1. Based upon the review of the proposed amendment of the Development Code, Chapter 19.175 Specific Plan 6, the City Council finds that the proposed amendment does not have the potential to have an adverse impact on the environment and, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Section 2. The City Council finds that the proposed amendment is consistent with the City's adopted General Plan Goals and Policies as the proposal will support the implementation of the General Plan and State law.
Section 3. The City Council approves and adopts the "Findings" required for approval of the Development Code update as set forth above.
Section 4. The City Council of the City of Twentynine Palms amends the Development Code as reflected in Exhibit "A."
Section 5. Notice of Adoption. The City Clerk of the City of Twentynine Palms shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted by Section 36933 of the Government Code of the State of California.
Section 6. Introduction Date. Ordinance No.___ was introduced by Council action on the 14th day of November 2023.
Section 7. Effective Date. Ordinance No.___ becomes effective thirty (30) days after the second reading by City Council.
Section 8. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and, to this end, the provisions of this Ordinance are declared to be severable.
PASSED, APPROVED, AND ADOPTED this 12
th day of December 2023.
McArthur Wright, Mayor
ATTEST:
Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:
A. Patrick Munoz, City Attorney
I hereby certify that the foregoing is a true copy of Ordinance No. ___, introduced on the 14 th
day of November 2023 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on the 12
th day of December 2023, in Twentynine Palms, California by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
Cindy Villescas CMC, City Clerk
Chapter 19.175 - Specific Plan 6 Twentynine Palms Downtown Economic Revitalization Specific Plan
19.175.010 - Specific Plan #6
A. Purpose. The purpose of Specific Plan #6 is to provide a clear land use regulatory mechanism , which will allow greater flexibility in the redevelopment of Downtown., while systematically developing a safe, pedestrian-friendly active destination for the community that can facilitate economic development for the City as a whole.
Purpose. The purpose of Specific Plan #6 is to provide a clear land use regulatory mechanism, which will allow greater flexibility in the redevelopment of Downtown, while systematically developing a safe, pedestrian-friendly active destination for the community that can facilitate economic development for the City as a whole.
B. Recitals.
Recitals.
1. Parcels located within the Planning Area of Specific Plan #6 shall be governed by the land use regulations and zoning provisions of the Downtown Specific Plan, where applicable.
Parcels located within the Planning Area of Specific Plan #6 shall be governed by the land use regulations and zoning provisions of the Downtown Specific Plan, where applicable.
2. This Specific Plan renders the territory encompassed herein, consistent with the General Plan of the City of Twentynine Palms.
This Specific Plan renders the territory encompassed herein, consistent with the General Plan of the City of Twentynine Palms.
C. Allowed Uses and Permit Requirements
Allowed uses and permit requirements for the Rural Living Land Use District are listed in Table 19.08.030-1 (Allowed Land Uses and Permit Requirements). The table lists all permissible uses and use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters
19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Down
town
Tradit
ional
Down
town
Gener
al
Down
town
MultiFamil
y
Down
town
Resid
ential
Residential Uses - Dwellings, Multifamily, and Home Services DT DG DR-20 DR-8 Accessory Dwelling Units X X P P
Caretaker housing X X P P
Community care facilities serving 6 or fewer persons X X P P
Community care facilities serving 7 or more persons X X AUP AUP Congregate care facilities serving 6 or fewer persons X X P P Congregate care facilities serving 7 or more persons X X AUP AUP Day Care, Commercial X X X X
Day Care, Large Family (9 to 14 children) X X AUP AUP
Day Care, Small Family (8 or fewer children) X X P P
Employee Housing X X P P
Gated community1 X X AUP AUP
Mobile home parks X X CUP CUP
Multi-Family Residential, 49 or fewer units X X P X
Multi-Family Residential, 50 or more units X X SPR X
Planned Unit Development X X PUD PUD
Single-family dwelling X X P P
Supportive housing/transitional housing X X P P
Windmills and solar energy collectors, noncommercial P X P P Agricultural and Related Uses
Cultivation of ornamental or landscaping plants, including in greenhouses, for commercial purposes
CUP CUP X X
Produce stands SPR SPR X X
Retail nurseries - not including cannabis AUP AUP X X
Institutional Uses
Animal Hospitals - large animals X CUP X X
Animal Hospitals - small animals CUP SPR X X
Cemeteries4 CUP CUP X X
Churches, synagogues, temples and other religious facilities4 CUP CUP CUP CUP Community center AUP AUP AUP AUP
Conference, Clubs / Lodges, Private Meeting Halls AUP AUP AUP AUP Heliports and Airports CUP CUP X X
Hospitals4 CUP CUP X X
Libraries and Museums AUP AUP AUP AUP
Low barrier navigation center P P X X
Park and Ride Facility AUP AUP X X
Parks and Public Plazas P P P P
Public Agency Facility P P X X
School, private4 AUP AUP X X
Single-room occupancy facilities CUP CUP X X
Studios: music, dance, art, recordng AUP AUP X X
Transient Lodging Facilities
Bed and breakfast home CUP CUP CUP CUP
Bed and breakfast inns/lodges CUP CUP CUP CUP
Host home X X X X
Hotels, Motels, Resorts CUP CUP X X
Vacation Home Rentals X X VHR VHR
Communication Facilities, Transportation Facilities, and Utilities Taxi Dispatch Service P P X X
Taxi Stands AUP AUP X X
Telecommunications Facility CUP CUP CUP CUP
Transportation Facilities CUP CUP X X
Utility Facility and Infrastructure P P P P
Temporary and Interim Uses (see Chapter 19.34)
Accessory Uses (see Chapter 19.70)
COMMERCIAL USES
Automotive Related Sales and Services
Automobile Parts Sales SPR SPR X X
Automobile Sales and Rental CUP CUP X X
Automotive stereo and sound system installation CUP CUP X X Car wash - full service X CUP X X
Car wash - self service X CUP X X
Gas station CUP CUP X X
Motorcycle sales / service CUP CUP X X
Parking: commercial lot / garage AUP AUP X X
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STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Dec 12 2023
SUBJECT: DCA23-000012 Western Joshua Trees - Second Reading.
RECOMMENDATION:
That the City Council find the project exempt from CEQA and adopt the Ordinance, approving the Development Code Amendment adding Chapter 19.98 Western Joshua Trees.
ORDER OF PROCEDURE:
Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• City Council Ordinance -
Western Joshua Tree
• Chapter 19.98 Western
Joshua Trees draft
• PC Reso 23-12 Western
Joshua Trees
BACKGROUND:
At the meeting of November 14, 2023, the City Council held a Public Hearing on a Development Code Amendment, adding Chapter 19.98 Western Joshua Trees, to the Development Code, establishing regulations for the removal, relocation or trimming of a Joshua Tree.
At the meeting of September 19, 2023, the Planning Commission held a Public Hearing on a this amendment and forwarded a recommendation to the City Council for approval of the Development Code Amendment.
Planning Staff is proposing an amendment to the Development Code, adding Chapter 19.98, Western Joshua Tree. This amendment is to establish a procedure for the removal, relocation or trimming of Joshua Trees, directing applicants to obtain a "take" permit from the CA Dept of Fish and Wildlife.
In approving a Development Code Amendment, the City Council must make certain findings, consistent with the provisions of Municipal Code Section 19.46.070. The recommended findings are provided below and have been included in the attached Ordinance.
A. That the Zone Change or Development Code Amendment is consistent with the intent of the goals and policies of the General Plan. Page 269 of 672 The Development Code Amendment is consistent with the following policies of the General Plan:
Implementation Policy CO-1.8 Encourage developers to preserve, protect and at a minimum salvage naturally occurring desert plant materials for incorporation into project landscaping to the greatest extent possible.
B. The Zone Change or Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.
The Development Code Amendment is to add Chapter 19.98 regarding the permitting process for the removal, relocation or trimming of a Western Joshua Tree.
C. The Zone Change or Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.
The Amendment is to add regulations on Western Joshua Trees in compliance with State law.
D. The Zone Change or Development Code Amendment ensures protection of the general health, safety and welfare of the community.
The Development Code Amendment is to add Chapter 19.98 to the Development Code requiring permits from CA Dept of Fish and Wildlife for the removal, relocation or trimming of Western Joshua Trees.
ENVIRONMENTAL:
The project is exempt from the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
ALTERNATIVES:
The City Council could choose to:
2. Make modifications to the draft code and adopt with recommended changes.
3. Deny the Development Code Amendment.
FISCAL IMPACT:
None.
CITY OF TWENTYNINE
PALMS CITY COUNCIL
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE
PALMS, CALIFORNIA, ADOPTING A DEVELOPMENT CODE
AMENDMENT ADDING CHAPTER 19.98 WESTERN JOSHUA TREES TO
THE CITY OF TWENTYNINE PALMS DEVELOPMENT CODE.
WHEREAS, the City of Twentynine Palms General Plan was adopted by the City Council on April 24, 2012; and
WHEREAS, the City of Twentynine Palms Development Code was adopted by the City Council on July 26, 2016; and
WHEREAS, the Western Joshua Tree has been listed by the CA Fish and Game Commission as a threatened species under the CA Endangered Species Act; and WHEREAS, the removal, relocation or trimming of a Western Joshua Tree requires a take permit from the CA Dept of Fish and Wildlife; and
WHEREAS, the City is amending its Development Code to reflect state regulations; and
WHEREAS, on September 06, 2023, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on September 19, 2023, the Planning Commission of the City of Twentynine Palms held a duly noticed and advertised Public Hearing on the Development Code Amendment and forwarded a recommendation to the City Council for approval; and WHEREAS, on November 01, 2023, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on November 14, 2023, the City Council of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment as reflected in "Exhibit A" in accordance with the California Government Code Section 65350 et. seq. and California Government Code Section 65853 et. seq., required by law for this amendment; and
WHEREAS, a Public Hearing was held by the City Council on November 14, 2023, at which time the Council introduced Ordinance No. ___, adding Chapter 19.98 Western Joshua Trees to the Development Code, and
WHEREAS, on November 14, 2023, at the above noted Public Hearing for the Development Code Amendment, the City Council of the City of Twentynine Palms considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment and recommended that in accordance with the California Environmental Quality Act (CEQA) Guidelines Section, the proposed zoning text amendment has been reviewed for its potential to impact the environment. Pursuant to
Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act, the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and WHEREAS, the City Council found that on the basis of the whole record before it, including any public comments received, there is no substantial evidence that the Development Code Amendment would have a significant effect on the environment and that the proposed CEQA determination reflected the City Council's independent judgment and analysis; and
WHEREAS, the City Council, in its review of the proposed Development Code Amendment, makes the following findings:
A. That the Zone Change or Development Code Amendment is consistent with the intent of the goals and policies of the General Plan.
The Development Code Amendment is consistent with the following policies of the General Plan:
Implementation Policy CO-1.8 Encourage developers to preserve, protect and at a minimum salvage naturally occurring desert plant materials for incorporation into project landscaping to the greatest extent possible.
B. The Zone Change or Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.
The Development Code Amendment is to add Chapter 19.98 regarding the permitting process for the removal, relocation or trimming of a Western Joshua Tree.
C. The Zone Change or Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.
The Amendment is to add regulations on Western Joshua Trees in compliance with State law.
D. The Zone Change or Development Code Amendment ensures protection of the general health, safety and welfare of the community.
The Development Code Amendment is to add Chapter 19.98 to the Development Code requiring permits from CA Dept of Fish and Wildlife for the removal, relocation or trimming of Western Joshua Trees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, TAKES THE FOLLOWING ACTIONS:
Section 1. Based upon the review of the proposed amendment of the Development Code, Chapter 19.98 Western Joshua Trees, the City Council finds that the proposed amendment does not have the potential to have an adverse impact on the environment and, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Section 2. The City Council finds that the proposed amendment is consistent with the City's adopted General Plan Goals and Policies as the proposal will support the implementation of the General Plan and State law.
Section 3. The City Council approves and adopts the "Findings" required for approval of the Development Code update as set forth above.
Section 4. The City Council of the City of Twentynine Palms amends the Development Code as reflected in Exhibit "A."
Section 5. Notice of Adoption. The City Clerk of the City of Twentynine Palms shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted by Section 36933 of the Government Code of the State of California.
Section 6. Introduction Date. Ordinance No.___ was introduced by Council action on the 14th day of November 2023.
Section 7. Effective Date. Ordinance No.___ becomes effective thirty (30) days after the second reading by City Council.
Section 8. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and, to this end, the provisions of this Ordinance are declared to be severable.
PASSED, APPROVED, AND ADOPTED this 12
th day of December 2023.
McArthur Wright, Mayor
ATTEST:
Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:
A. Patrick Munoz, City Attorney
I hereby certify that the foregoing is a true copy of Ordinance No. ___, introduced on the 14 th
day of November 2023 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on the 12
th day of December 2023, in Twentynine Palms, California by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
Cindy Villescas CMC, City Clerk
City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted XXXX
Effective XXXX Page 19.142-1 Western Joshua Trees
Exhibit “A”
Chapter 19.98 Western Joshua Trees
Sections:
19.98.010 Purpose................................................................................................................19.98-1
19.98.020 Definitions...........................................................................................................19.98-1
19.98.020 Regulations..........................................................................................................19.98-1
19.98.010 Purpose
The purpose of this Chapter is to establish regulations for the removal, relocation or trimming of any Western Joshua Tree, or any part thereof.
19.98.020 Definitions
A. “Western Joshua Tree” means Yucca Brevifolia, an evergreen tree-like plant that has been treated as a member of the asparagus family (Asparagaceae).
B. “Take” means any activity that results in the removal of a Joshua Tree, or any part thereof.
19.98.030 Regulations
A. The California Fish and Game Commission has listed the Western Joshua Tree as a threatened species under the California Endangered Species Act (CESA).
B. Prior to the removal, relocation or trimming of any Western Joshua Tree, or any part thereof, a take permit must be obtained from CA Dept of Fish and Wildlife,.
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STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Dec 12 2023
SUBJECT: DCA23-000002 Nonconforming Building and Uses-Second Reading.
RECOMMENDATION:
The City Council find the project exempt from CEQA, and adopt the Ordinance, approving the Development Code Amendment for Chapter 19.142 Nonconforming Buildings and Uses.
ORDER OF PROCEDURE:
Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• City Council Ordinance -
Nonconforming Buildings and
Uses
• Chapter
19.142_Nonconforming
Buildings, Uses and Lots- draft
• PC Reso 23-13
Nonconforming
BACKGROUND:
At the meeting of November 14, 2023, The City Council held a Public Hearing on a Development Code Amendment for Chapter 19.142 Nonconforming Buildings and Uses. At the meeting of September 19, 2023, the Planning Commission held a Public Hearing on a Development Code Amendment for Chapter
19.142, Nonconforming Buildings and Uses and forwarded a recommendation to the City Council for approval of the Development Code Amendment.
Planning Staff is proposing an amendment to Chapter 19.142 to clarify the standards for the reestablishment of legally established non-conforming buildings and uses in the event of damage or destruction and to provide language for legally established lots that do not meet the development standards of the underlying land use district.
In order to approve a Development Code Amendment, the City Council must make certain findings, consistent with the provisions of Municipal Code Section 19.46.070. The recommended findings are provided below and have been included in the attached Ordinance. Page 281 of 672 A. That the Zone Change or Development Code Amendment is consistent with the intent of the goals and policies of the General Plan.
The Development Code Amendment is consistent with the following policies of the General Plan:
Goal LU-1 – Encourage orderly growth and development as envisioned by community residents.
Goal LU-2 – Protect existing neighborhoods and the area’s natural surroundings by encouraging development that is compatible with the City’s small-town character Implementation Policy LU-2.1 – Development shall be consistent with underlying land use densities and intensities.
Goal LU-3 - Promote a high quality of life by encouraging attractive high-quality development that is compatible with existing uses and the City’s desert environment.
B. The Zone Change or Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.
The Development Code Amendment is an amendment to Chapter 19.142 of the Development Code clarifying the regulations on nonconforming buildings, uses and lots.
C. The Zone Change or Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.
The Amendment is to clarify the regulations on nonconforming buildings, uses and lots.
D. The Zone Change or Development Code Amendment ensures protection of the general health, safety and welfare of the community.
The Development Code Amendment will provide clarification on the regulations for nonconforming buildings, uses and lots to protect the health, safety and welfare of the community.
ENVIRONMENTAL:
The project is exempt from the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
ALTERNATIVES:
The City Council could choose to:
2. Make modifications to the draft code and adopt with recommended changes.
3. Deny the Development Code Amendment.
FISCAL IMPACT:
None.
CITY OF TWENTYNINE
PALMS CITY COUNCIL
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE
PALMS, CALIFORNIA, ADOPTING A DEVELOPMENT CODE
AMENDMENT AMENDING CHAPTER 19.142 NONCONFORMING
BUILDINGS AND USES OF THE CITY OF TWENTYNINE PALMS
DEVELOPMENT CODE.
WHEREAS, the City of Twentynine Palms General Plan was adopted by the City Council on April 24, 2012; and
WHEREAS, the City of Twentynine Palms Development Code was adopted by the City Council on July 26, 2016; and
WHEREAS, on September 06, 2023, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on September 19, 2023, the Planning Commission of the City of Twentynine Palms held a duly noticed and advertised Public Hearing on the Development Code Amendment and forwarded a recommendation to the City Council for approval; and WHEREAS, on November 01, 2023, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on November 14, 2023, the City Council of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment as reflected in "Exhibit A" in accordance with the California Government Code Section 65350 et. seq. and California Government Code Section 65853 et. seq., required by law for this amendment; and
WHEREAS, a Public Hearing was held by the City Council on November 14, 2023, at which time the Council introduced Ordinance No. ___, amending Chapter 19.142 Nonconforming Buildings and Uses of the Development Code, and WHEREAS, on November 14, 2023, at the above noted Public Hearing for the Development Code Amendment, the City Council of the City of Twentynine Palms considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment and recommended that in accordance with the California Environmental Quality Act (CEQA) Guidelines Section, the proposed zoning text amendment has been reviewed for its potential to impact the environment. Pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act, the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and WHEREAS, the City Council found that on the basis of the whole record before it, including any public comments received, there is no substantial evidence that the
Development Code Amendment would have a significant effect on the environment and that the proposed CEQA determination reflected the City Council's independent judgment and analysis; and
WHEREAS, the City Council, in its review of the proposed Development Code Amendment, makes the following findings:
A. That the Zone Change or Development Code Amendment is consistent with the intent of the goals and policies of the General Plan.
The Development Code Amendment is consistent with the following policies of the General Plan:
Goal LU-1 – Encourage orderly growth and development as envisioned by community residents.
Goal LU-2 – Protect existing neighborhoods and the area’s natural surroundings by encouraging development that is compatible with the City’s small-town character Implementation Policy LU-2.1 – Development shall be consistent with underlying land use densities fand intensities.
Goal LU-3 - Promote a high quality of life by encouraging attractive high-quality development that is compatible with existing uses and the City’s desert environment.
B. The Zone Change or Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.
The Development Code Amendment is an amendment to Chapter 19.142 of the Development Code clarifying the regulations on nonconforming buildings, uses and lots.
C. The Zone Change or Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.
The Amendment is to clarify the regulations on nonconforming buildings, uses and lots.
D. The Zone Change or Development Code Amendment ensures protection of the general health, safety and welfare of the community.
The Development Code Amendment will provide clarification on the regulations for nonconforming buildings, uses and lots to protect the health, safety and welfare of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, TAKES THE FOLLOWING ACTIONS:
Section 1. Based upon the review of the proposed amendment of the Development Code, Chapter 19.142 Nonconforming Buildings and Uses, the City Council finds that the proposed amendment does not have the potential to have an adverse impact on the environment and, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Section 2. The City Council finds that the proposed amendment is consistent with the City's adopted General Plan Goals and Policies as the proposal will support the implementation of the General Plan and State law.
Section 3. The City Council approves and adopts the "Findings" required for approval
of the Development Code update as set forth above.
Section 4. The City Council of the City of Twentynine Palms amends the Development Code as reflected in Exhibit "A."
Section 5. Notice of Adoption. The City Clerk of the City of Twentynine Palms shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted by Section 36933 of the Government Code of the State of California.
Section 6. Introduction Date. Ordinance No.___ was introduced by Council action on the 14th day of November 2023.
Section 7. Effective Date. Ordinance No.___ becomes effective thirty (30) days after the second reading by City Council.
Section 8. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and, to this end, the provisions of this Ordinance are declared to be severable.
PASSED, APPROVED, AND ADOPTED this 12
th day of December 2023.
McArthur Wright, Mayor
ATTEST:
Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:
A. Patrick Munoz, City Attorney
I hereby certify that the foregoing is a true copy of Ordinance No. ___, introduced on the 14 th
day of November 2023 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on the 12
th day of December 2023, in Twentynine Palms, California by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
Cindy Villescas CMC, City Clerk
City of Twentynine Palms Development Code Article 6, Code Compliance Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.142-1 Nonconforming Buildings and Uses Exhibit A
Chapter 19.142 Nonconforming Buildings, and Uses and Lots Sections:
19.142.010 Purpose..............................................................................................................19.142-1
19.142.020 Applicability......................................................................................................19.142-1
19.142.030 General Provisions ............................................................................................19.142-1
19.142.0430 Continuation of Nonconforming Buildings and Uses.....................................19.142-21
19.142.0540 Termination of Nonconforming Uses .............................................................19.142-22
19.142.0650 Alteration of Nonconforming Lots Uses.........................................................19.142-44
19.142.0760 Restoration of a Damaged Building................................................................19.142-45
19.142.010 Purpose
This Chapter is intended to limit the number and extent of legally established, nonconforming buildings, uses and lots by regulating the enlargement, reestablishment after abandonment, alteration, restoration after destruction, or relocation in a manner that would increase the degree of nonconformity.
This Chapter is intended to limit the number and extent of nonconforming uses by regulating their enlargement, reestablishment after abandonment, and alteration or restoration after destruction of the buildings they occupy. This Chapter is also intended to limit the number and extent of nonconforming buildings and nonconforming sites by prohibiting their movement, alteration, or enlargement in a manner that would increase the discrepancy between existing conditions and the standards currently prescribed in this Development Code.
19.142.020 Applicability
The regulations in this Chapter shall apply to all existing, legally established, nonconforming buildings, site conditions and uses and lots, i.e., buildings or uses that were legally established but that do not comply with current codes because of code changes that have occurred.
19.142.030 General Provisions
A. Nothing contained in this Section shall be construed or implied so as to allow for the continuation of an illegal nonconforming structure and/or use. As provided by this Development Code and state law, any such illegal nonconforming structure and/or use shall be removed immediately upon a determination by the Planning Commission that such nonconforming structure and/or use was established contrary to the allowances and requirements of the Development Code in effect at the time of establishment.
B. Nothing contained in this Section shall be construed or implied to relieve a property owner from his/her responsibility to conform to the requirements of the Americans with Disabilities Act; but further nothing in this Section shall identify a structure or use as a nonconforming structure or use solely for the failure to conform to the requirements of the act.
City of Twentynine Palms Development Code Article 6, Code Compliance Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.142-2 Nonconforming Buildings and Uses C. Any alteration required by governmental or court action shall be exempt from these requirements.
19.142.040 Continuation of Nonconforming Buildings and Uses D. Any legally established, nonconforming building, site or use may be continued and maintained, provided there are no structural or use alterations, except as otherwise allowed by specified in this Code.
E. Notwithstanding the provisions regarding Conditional Use Permit or Variance, the Director Building Official may allow the construction of an additional modification to a legally existing structure within a current yard setback area, as established by an applicable residential land use district, when such legally existing building is within the yard setback area, and provided such additional modification does not exceed the projection of the existing structure into such current yard setback area and does not come closer than 3 feet to any property line.
A legally established nonconforming structure that has historic significance to the City as established under the provisions of this Code may be reused for its original intended use regardless of the land use designation of the property wherein it lies if a Historic Resource Evaluation Report has been prepared that confirms the historic significance of the structure, subject to the Planning Commission’s acceptance of the report and determination that the reuse is compatible with surrounding land uses.
A.F.
B. Any nonconforming use may be continued, provided that the use shall not be increased, enlarged, extended or altered, except as otherwise specified in this Code.
19.142.0540 Termination of Nonconforming Uses
G. Any nonconforming use may be continued, provided that the use shall not be increased, enlarged, extended or altered, except as otherwise allowed by specified in this Code.
A.H. Any part of a building or land occupied by a legally established, nonconforming use which is changed to or replaced by a use conforming to the provisions of this Development Code as they apply to the particular land use district shall thereafter be used or occupied only by a conforming use.
B.I. Any building, or part thereof, or land occupied by a land use that is not listed as a permitted use in the current Land Use Tables for of the underlying land use district, and which use shall cease for a period of 12 consecutive months or more, shall thereafter be used or occupied only by a use listed as a permitted use in the current Land Use Tables of the underlying land use district. This e period of time wherein any building, or part thereof, or land occupied by a land use that is not listed as a permitted use in the current Land Use Tables of the underlying land use district may be extended by the
City of Twentynine Palms Development Code Article 6, Code Compliance Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.142-3 Nonconforming Buildings and Uses Planning Commission by up to two additional 12-month increments upon review and approval of a no fee review, wherein it is demonstrated to the satisfaction of the Planning Commission that the failure to reestablish the same or similar legally established nonconforming use or reoccupy the legally established nonconforming structure was due to circumstances beyond the control of the property owner and such extension would be in the best interests of the community.
J. Proof of use or occupancy may include business receipts, delivery receipt for reception of articles for the use at the location in question, rent or lease receipts, utility bills in the name of the legally established nonconforming use, City Business License receipt, affidavit from an individual not affiliated with the property owner or previous use, and other materials to be determined by the Planning Commission.
K. A nonconforming, non-residential use may be altered after review and approval of a Conditional Use Permit with the additional finding that the alteration of the nonconforming use will not result in a floor area expansion of more than 25 percent and that such enlargement or intensification will not adversely affect surrounding properties or uses.
L. Restrictions and conditions affecting a nonconforming use shall apply to the existing use, land and structures and shall not be affected by ownership changes.
M. The requirement for a Conditional Use Permit shall not apply to nonconforming residential uses, provided the following are also met:
1. The uses are being expanded or modified by no more than 1,000 square feet or 25 percent, whichever is less, of the floor space or ground area existing at the time such use became a nonconforming use, and
2. The expansion or modification meets all other Code requirements.
N. The requirement for a Conditional Use Permit shall not apply to any nonconforming use or structure which is being expanded, altered or modified to approximate or exceed the standards of this Development Code with which it does not currently conform.
C.
D. A legally established nonconforming structure that has historic significance to the City as established under the provisions of this Code may be reused for its original intended use regardless of the land use designation of the property wherein it lies if a Historic Resource Evaluation Report has been prepared that confirms the historic significance of the structure, subject to the Planning Commission’s acceptance of the report and determination that the reuse is compatible with surrounding land uses.
E. Nothing contained in this Section shall be construed or implied so as to allow for the continuation of an illegal nonconforming structure and/or use. As provided by this Development Code and state law, any such illegal nonconforming structure and/or use shall be removed immediately upon a determination by the Planning Commission that such nonconforming structure and/or use was
City of Twentynine Palms Development Code Article 6, Code Compliance Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.142-4 Nonconforming Buildings and Uses established contrary to the allowances and requirements of the Development Code in effect at the time of establishment.
F. Nothing contained in this Section shall be construed or implied to relieve a property owner from his/her responsibility to conform to the requirements of the Americans with Disabilities Act; but further nothing in this Section shall identify a structure or use as a nonconforming structure or use solely for the failure to conform to the requirements of the act.
19.142.0650 Alteration of Nonconforming Lots Uses
O. Any lawfully created lot which becomes nonconforming with regard to lot area, street frontage, lot width, lot depth or accessibility may continue indefinitely with such nonconformity and may be developed in conformance with the development standards of the underlying zoning district and use as if it were a conforming lot.
P. Legal nonconforming lots may not be modified in any manner that increases the degree of nonconformity. Where feasible, parcel modifications, through lot merger or lot line adjustment, are encouraged to eliminate or minimize the degree of nonconformity.
G. A nonconforming use may be altered after review and approval of a Conditional Use Permit with the additional finding that the alteration of the nonconforming use will not result in a floor area expansion of more than 25 percent and that such enlargement or intensification will not adversely affect surrounding properties or uses.
H. Any alteration required by governmental or court action shall be exempt from these requirements.
I. Restrictions and conditions affecting a nonconforming use shall apply to the existing use, land and structures and shall not be affected by ownership changes.
J. Notwithstanding the provisions regarding Conditional Use Permit or Variance, the Building Official may allow the construction of an additional modification to a legally existing structure within a current yard setback area, as established by an applicable residential land use district, when such legally existing building is within the yard setback area, and provided such additional modification does not exceed the projection of the existing structure into such current yard setback area and does not come closer than 3 feet to any property line.
K. The requirement for a Conditional Use Permit shall not apply to nonconforming residential uses, provided the following are also met:
1. The uses are being expanded or modified by no more than 1,000 square feet or 25 percent of the floor space or ground area existing at the time such use became a nonconforming use, and
2. The expansion or modification meets all other Code requirements.
City of Twentynine Palms Development Code Article 6, Code Compliance Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.142-5 Nonconforming Buildings and Uses L. The requirement for a Conditional Use Permit shall not apply to any nonconforming use or structure which is being expanded, altered or modified to approximate or exceed the standards of this Development Code with which it does not currently conform.
19.142.060 Restoration of a Damaged Building
A. Whenever a legally established nonconforming building or use which does not comply with the prescribed development standards for the land use district in which the structure is located, or for the use which does not conform with the regulations for the land use district in which it is located, is destroyed by fire or other act or calamity, by Act of God, or by the public enemy subsequent to the effective date of this Development Code, the building may be restored and the nonconforming use may be resumed, provided that restoration is started within six months one year and diligently pursued to completion. When the building is voluntarily razed or is required by law to be razed, the building shall not be restored except in full conformity with the regulations for the land use district in which it is located, and the nonconforming use shall not be resumed.
B. Alteration or expansion of a nonconforming use or building shall require the issuance of a Conditional Use Permit pursuant to Chapter 19.42 (Conditional Use Permit).
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STAFF REPORT
TO: City Council
FROM: Interim City Manager
FOR MEETING: Dec 12 2023
SUBJECT: Fire Department Emergency Response Report - November 2023.
ATTACHMENTS:
• TNP Monthly Totals - Nov
2023
Incident Totals
2 1
4 8
1 1
21 208
1 3
8 258
San Bernardino County Fire Area Incident Report
Criteria: 11/1/2023 to 11/30/2023
Division(s): South Desert
Battalion(s): 7
City(ies): Twentynine Palms
Investigation/Alarm
Small Vegetation Fire
Fuel Spill
Improvement Fire
Traffic Collision
Totals
Incident Type
Medical
Public Service
Structure Fire
Unknown Type Fire
Refuse Fire
Outside Elec Incident
Printed on 12/4/2023 3:28 PM Page 1 of 1 Page 298 of 672 Incident Totals
2 1
4 8
1 1
21 208
1 3
8 258
San Bernardino County Fire Area Incident Report
Criteria: 11/1/2023 to 11/30/2023
Division(s): South Desert
Battalion(s): 7
City(ies): Twentynine Palms
Investigation/Alarm
Small Vegetation Fire
Fuel Spill
Improvement Fire
Traffic Collision
Totals
Incident Type
Medical
Public Service
Structure Fire
Unknown Type Fire
Refuse Fire
Outside Elec Incident
Printed on 12/4/2023 3:28 PM Page 1 of 1 Page 299 of 672
STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Dec 12 2023
SUBJECT: Award a Professional Service Agreement for Audit Services.
RECOMMENDATION:
The City Council approve the following:
1. Award the Audit Services contract to Rogers, Anderson, Malody & Scott, LLP, in the amount of $264,900 for the total term of the agreement of five years, plus two one-year option periods, subject to "Approval as to Form" by the City Attorney, and "Approval as to Content" by the City Manager.
2. Authorize the City Manager to execute all documents necessary to enter into the contract, including any necessary amendments thereto.
ORDER OF PROCEDURE:
Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Professional Services
Agreement - Audit Services
• EXHIBIT B - PAYMENT
SCHEDULE
• EXHIBIT C -City of
Twentynine Palms - RFP Audit
Services
• EXHIBIT D - CONTRACTOR'S
PROPOSAL
BACKGROUND:
The existing contract with Rogers, Anderson, Malody & Scott, the City's current external auditors, will expire with the audit of the Fiscal Year ending June 30, 2023. On October 5, 2023, a Request for Proposal for audit services was advertised on the City's website and on the California Society of Municipal Finance Officers' Listserve. The City requested proposals from experienced and qualified independent certified public accounting firms to audit its financial statements for five fiscal years (FY) starting with FY 2023-24 through 2027-28, plus two one-year option
periods. The proposal acceptance deadline was set for November 13, 2023. Details of the scope of work to be performed are included in Section 4 of the attached RFP.
The City received a total of six proposals from the following firms: Badawi & Associates, Harshwal & Company LLP, Eadie & Payne, LLP, Eide Bailly, Rogers, Anderson, Malody & Scott, LLP, and SingerLewak. All the proposals were considered for review by a City Staff selection committee. The selection committee concluded that Rogers, Anderson, Malody & Scott, LLP was the best match for the requested services.
ENVIRONMENTAL:
N/A
ALTERNATIVES:
The City could choose not to award the contract to the firm recommended by the selection committee.
FISCAL IMPACT:
The $264,900 contract amount will be incorporated into the corresponding budget years.
PROFESSIONAL SERVICES AGREEMENT
FOR AUDIT SERVICES
CITY OF TWENTYNINE PALMS
DECEMBER 12, 2023
CITY OF TWENTYNINE PALMS
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and effective as of December 12, 2023, between the City of Twentynine Palms, a municipal corporation (“City”) and Rogers, Anderson, Malody & Scott, LLP (“Contractor”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on January 1, 2024 and shall remain and continue in effect until tasks described herein are completed, but in no event later than April 1, 2029, unless sooner terminated pursuant to the provisions of this Agreement. Notwithstanding the above, Section 9 of this Agreement shall survive the term of this Agreement.
2. OPTION TO EXTEND TERM
The City gives the Contractor the option to extend the term of this Agreement on the same provisions and conditions, except for the contract amount, for two (2) one-year periods (‘’extended terms”) following expiration of the first term, by Contractor giving notice of its intention to exercise the option to the City prior to the expiration of the preceding term. The payment for each extended term shall be adjusted by good faith negotiation of the parties.
3. SERVICES
Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
4. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor represents it holds the necessary skills and abilities to perform the work as set forth in this Agreement, and City relies upon the skills and abilities of Contractor. Contractor shall perform the work and services under this Agreement in accordance with such heightened standard of work and in accordance with the accepted standards of the professional disciplines involved in the tasks described herein.
5. CITY MANAGEMENT
City Manager shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Contractor, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Contractor. City's City Manager shall be authorized to act on City's
behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Contractor's compensation, subject to Section 5 hereof.
6. PAYMENT
(a) Except as otherwise stated herein, the City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Final payment shall be coordinated and conditioned with completion of the tasks set forth in Exhibit A. This amount shall not exceed Two Hundred and Sixty-Four Thousand and Nine Hundred dollars ($ 264,900 .00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement (“Total Agreement Amount”).
(b) Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.
Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. (c) Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Invoices shall include the contract amount, invoice amount to date, and balance remaining. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Prior to signing the Agreement, Contractor shall provide to City a completed and signed Form W-9, Request for Taxpayer Identification Number and Certification. All of City’s monetary obligations set forth in this Agreement are conditioned upon City’s receipt of an executed W-9 form from Contractor.
(e) Notwithstanding Contractor’s delivery of invoices to City and/or other remedies available to the City, City may retain ten percent (10%) of the payment on each month’s invoice, on a cumulative basis, until Contractor has completed all of the tasks set forth in Exhibit A.
(f) Notwithstanding Contractor’s delivery of invoices to City and/or other remedies available to the City, if Contractor has not delivered to the City the required certified insurance policies and endorsements within the time required by Section 10(f) (3) of this Agreement, City has the sole discretion to withhold any and all payments to Contractor until Contractor delivers to the City the certified insurance policies and endorsements required by Section 10 of this Agreement.
7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 5.
(c) Except as otherwise provided herein and prior to the termination date of this Agreement, this Agreement may be terminated by written consent of both the City and the Contractor.
8. DEFAULT OF CONTRACTOR
(a) The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
9. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for
a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement, except those items defined as audit documentation under professional standards promulgated by the American Institute of Certified Public Accountants (AICPA), which will be the property of Contractor, shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, which belong to the Contractor as audit documentation, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
10. INDEMNIFICATION
(a) Indemnification
To the fullest extent permitted by law, Contractor shall protect, indemnify, defend and hold harmless City and any and all of its officials, employees, volunteers and agents from and against any and all losses, liabilities, damages, and costs and expenses (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the actions or failure to act of Contractor, its officers, agents, employees or subcontractors, or any entity or individual that Contractor shall bear the legal liability thereof.
For purposes of this Agreement, a “Licensed Design Professional” shall be limited to licensed architects, licensed landscape architects, registered professional engineers, and licensed professional land surveyors, all as defined by current law, and as may be amended from time to time by California Civil Code § 2782.8. (c) Indemnification Provisions Pertaining To Subcontractors And Others Performing Work. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
11. INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor shall maintain insurance in conformance with the requirements set forth below. Contractor shall use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement
or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. All Sections of this Agreement and any provision in City's Request for Proposal and Contractor's submitted proposal are subordinate to and superseded by the requirements contained in this Section to the extent that any provision or portion thereof conflicts with or impairs these requirements or any obligation to or right under or pursuant to these insurance requirements. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such. (a) Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability Insurance – Written on the Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits.
There shall be no cross liability exclusion for claims or suits by one insured against another.
(2) Business Auto Coverage –Written on the ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. If Contractor owns no vehicles, this requirement may be satisfied by a nonowned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each person.
(3) Workers' Compensation/Employer's Liability Insurance - Written on a policy form providing workers' compensation statutory benefits as required by the State of California. Employer's Liability limits shall be no less than one millions dollars ($1,000,000) per accident or disease.
Employer's Liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects City, its officers, officials, employees, or agents.
(4) Professional Liability or Errors and Omissions Insurance as appropriate to the Contractor’s profession - Written on policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. (b) Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Errors and Omissions Liability: The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance shall continue to be effective to cover all claims made within three (3) years of the completion of the work in the Agreement.
(4) Excess or Umbrella Liability Insurance (Over Primary): If used to meet limit requirements, it shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. (c) Deductibles and Self-Insured Retention. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or the Contractor to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses or other solutions. Any deductibles in excess of ten percent (10%) or self-insured retention must be approved by the City Manager. (d) Other Insurance Provisions. The general liability, business auto liability, and any necessary umbrella liability policies are to contain, or be endorsed to contain, the following provisions:
(1) General liability and umbrella policies shall cover the City, its officers, officials, employees, agents, and volunteers are to be additional insureds as respects: liability arising out of activities performed by or on behalf of
the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, or volunteers.
Endorsements including the additional insured shall be identified on standard ISO endorsement number CG 20 10, attached to an ISO-CGL policy or other form as expressly approved by City, and which does not limit the scope of coverage for the additional insured to vicarious liability or to the additional insured's supervision of a given project. Contractor also agrees to require all contractors and subcontractors to do likewise. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, and there shall be no cross-liability exclusions that preclude coverage for suits between Contractor and City or between City and any other insured. Contractor expressly waives any claim against City for any covered act or event, and Contractor's insurance policy shall not prevent such waiver. The limits of insurance required herein shall in no way limit the liability of the party providing the insurance. In addition, if the coverage or limits available to Contractor exceed that required by this Agreement, and the loss incurred by the additional insured exceeds the amount required by this Agreement, it is the parties' intent that all such additional coverage and limits available will apply irrespective of the specific coverage or limits required herein.
(5) No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor’s employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
(6) All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
(7) The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.
(8) For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
(9) Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. (10) None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (11) No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
(12) All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises.
Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. (13) The provisions of any workers’ compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
(14) Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. (15) Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
(e) Acceptability of Insurers. Insurance is to be placed with insurers authorized and admitted to do business in California and with a current A.M. Best's rating of A or better and a financial size of VII or greater, unless otherwise acceptable to the City. (f) Verification of Coverage and Notice of Cancellation. (1) Contractor shall immediately furnish to City certificates of insurance or endorsements, satisfactory to City, evidencing the insurance coverage above required prior to the commencement of performance of services hereunder. These certificates or endorsements shall provide that such insurance is the minimum, is in no way limited by any provision herein, and allows for the application of all coverage available to the additional insureds. Further, the certificates or endorsements shall require thirty (30) days written notice to additional insured City prior to any termination, suspension, cancellation, or non-renewal, or the reduction of available coverage, or any change in the terms of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate.
(2) Contractor agrees that if Contractor commences work under this Agreement without first providing City copies of the required insurance certificates or endorsements, that Contractor does so at its own and sole risk. In the event Contractor's insurance is not acceptable to City or copies of insurance certificates or endorsements are not provided, City shall have no obligations to compensate Contractor for such work unless Contractor possesses a notice to proceed from City for this work. (3) Within sixty (60) days of the commencement of this Agreement, Contractor shall furnish certified copies of the actual policies and endorsements. Failure to submit such policies shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. If proof of any insurance required under this Agreement is not delivered as required or if such insurance is canceled at any time and no replacement coverage is provided, City shall have the right but not the duty to obtain any insurance it deems necessary to protect its interests under this Agreement, express or implied, in any way relating to City. Any premium for such coverage shall be charged to and promptly paid by Contractor or, at City's option, may be deducted from sums due to Contractor.
(4) In the event of the premature termination of this Agreement for any reason, Contractor agrees to maintain the required insurance coverage until City provides written authorization to terminate the coverage following a review and determination that all liability posed under this Agreement as to the party providing the insurance has been eliminated. (5) Except as outlined in Section 10(b) (3) above, Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement.
This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. (6) Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
(g) Notice of Claim or Loss. Contractor agrees to provide immediate notice to City of any claim or loss likely to involve City or its employees or agents which exceeds $2,500 or is likely to exceed that amount arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
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(h) Sub-Contractor Insurance Requirements. Contractor agrees to require that all parties, including but not limited to sub-Contractors and additional Contractors or professional services with whom Contractor enters into contracts or whom Contractor hires pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required here, at a minimum. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor acknowledges and agrees that upon request, all agreements with sub-Contractors and others engaged in the project contemplated by this Agreement will be submitted to City for review. Contractor agrees and acknowledges that such contracts may require modification as to the insurance requirements necessary to properly protect City.
12. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.
14. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Twentynine Palms in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Twentynine Palms will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this Agreement.
16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or sub-Contractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (b) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or sub-Contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding.
Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Contractor. However, City's right to
review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
17. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, California 92277
Attention: City Clerk
To Contractor: Rogers, Anderson, Malody & Scott, LLP
735 E Carnegie Drive, Suite 100
San Bernardino, CA 92408
18. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Rogers, Anderson, Malody, & Scott, LLP shall perform the services described in this Agreement.
Rogers, Anderson, Malody, & Scott, LLP may use assistants, under its direct supervision, to perform some of the services under this Agreement. Contractor shall provide City fourteen (14) days' notice prior to the departure of key team members from Contractor's employ. Should he/she leave Contractor's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.
19. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
20. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with
jurisdiction over the City of Twentynine Palms.
21. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
22. SEVERABILITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement.
23. NO PRESUMPTION REGARDING DRAFTER OF THIS AGREEMENT
The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.
24. ATTORNEY’S FEES
If any action at law or suit in equity, including an action for declaratory relief, is brought by either party with respect to this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, in addition to any other relief to which it may be entitled, and such amount may be added to, and made a part of, such judgment.
25. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TWENTYNINE PALMS
By:___________________________
James L. Bowden, City Manager
Attest:
________________________________
Cindy Villescas, City Clerk
Approved As to Form:
________________________________
Patrick Munoz, City Attorney
CONTRACTOR:
By:___________________________
(Signature)
______________________________
(Typed Name)
Its:_ ____________________________
By:_____________________________
(Signature)
________________________________
(Typed name)
Its:_____________________________
(Title)
EXHIBIT A
TASKS TO BE PERFORMED
SCOPE AND SERVICES
1.1 Scope of Work to be Performed
• The auditors will perform an examination of the City’s basic financial statements and required supplementary information (RSI) in accordance with the auditing standards outlined in Section 4.2 below, with the objective of expressing an opinion on each opinion unit of the financial statements that collectively comprise the basic financial statements. In addition, the auditors will express an “in-relation-to” opinion on the combining and individual nonmajor fund financial statements, including budgetary comparison schedules. Finally, the auditors will determine that information provided in the introductory and statistical sections of the City’s ACFR conforms to amounts reported in the basic financial statements. The auditors will assist the City prepare the ACFR. The auditors will be responsible for rendering their opinion and provide the City one electronic copy in PDF format by November 10th of each year.
• When applicable, the auditors will conduct an examination of the City’s federal awards in conformance with the auditing standards outlined in Section 4.2 below. In addition to the audit of the federal awards, the auditor will review any materials included in the reporting package accompanying the data collection form. The City will prepare the Schedule of Expenditures of Federal Awards. The auditors will prepare the single audit report and provide one electronic copy in PDF format by December 20th of each year. The auditors will complete the data collection form and required filing with the Federal Audit Clearinghouse and provide the City with one electronic copy in PDF format of the data collection form by January 31st of each year.
• The auditors will perform agreed-upon procedures to test and report on the GANN appropriation limitation calculation. The auditors will be responsible for rendering their opinion and providing the City one electronic copy in PDF format by November 10th of each year.
• When applicable, the auditors will issue a “management letter” that includes significant deficiencies and material weaknesses (as defined by the applicable auditing standards) that were identified during the audit. Management letters should be addressed to the City Council and should include a follow-up on the prior year’s recommendations, if any. The auditors will provide the City one electronic copy in PDF format by November 10th of each year.
• The auditors will issue a SAS 114 report addressed to the City Council at the conclusion of the audit. The auditors will provide the City one electronic copy in PDF format by November 10th of each year. (A separate SAS 114 letter addressed to the City Council should be provided during the planning phase of the audit to open the “two-way communication” between the auditors and the City Council.)
• If needed, the auditors shall complete the City’s annual Street Report and electronically file it with the State Controller’s Office no later than December 1st of each year.
• If needed, the auditors shall complete the annual Cities Financial Transactions Report and electronically file it with the State Controller’s Office no later than January 31st of each year. • The City has been a recipient of the GFOA Certificate of Achievement Award for Excellence in Financial Reporting for the past several years and plans to continue to participate in this program in the future. The auditors are expected to assist the City, as necessary, to meet the requirements of the Government Finance Officers Association of the United States and Canada (GFOA) Certificate of Achievement in Financial Reporting Program. • The auditors are expected to be responsive to questions or requests made by the City during the course of the contract period. An option for early termination of the contract may be exercised by the City for persistent non-responsiveness by the audit firm to City questions or requests or for failure to meet the deadlines established in the RFP. • The Engagement Partner may be expected to be present at the City Council meetings when the contract is being awarded or amended and when the annual reports and management letter are being presented (at the City Council or City Manager’s request). • The auditors are expected to provide copies of reports to the City as follows:
1. ACFR – 1 PDF file, 7 bound reports
2. Management and SAS 114 Letters – 1 PDF file, 7 stapled copy
3. Single Audit (if applicable) - 1 PDF file, 7 bound reports
4. City Annual Reports of Financial Transactions to SCO – 1 PDF file
5. Street Report - 1 PDF file
1.2 Auditing Standards to be Followed
To meet the requirements of the RFP, the audit shall be conducted in accordance with the following standards:
• Auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States.
• The provisions of the Single Audit Act of 1996, as amended. • The provisions of the U.S. Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments and Non-Profit Organizations, or latest versions thereof. • Specific auditing standards relating to any grant agreement determined to be material by the auditors for purposes of the examination of the basic financial statements. • Any other applicable standards for conducting examinations and/or reports to be issued in conjunction with those items outlined in Section 4.1.
1.3 Retention and Access to Working Papers
• All working papers and reports must be retained, at the auditor’s expense, for a minimum of
five (5) years, unless the firm is notified in writing by the City of the need to extend the retention period.
• Should standard retention periods required by any of the standards identified in Section 1.2 be increased beyond 5 years, the increased retention period shall be followed. The auditor will be required to make working papers available, upon request by the City or its designee. • The auditor shall respond to reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance.
1.4 Irregularities and Illegal Acts
The auditors shall be required to make an immediate written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the: Mayor, City Manager, and Finance Director/City Treasurer.
1.5. Audit Planning and Year-End Fieldwork
In a coordinated effort between City finance staff and audit personnel, the City requests that the audit firm organize and plan their planned work paper requests and sample selections to minimize last minute workload demands on internal staff, while still achieving a workplan that delivers the final product, the Annual Comprehensive Financial Report, in ample time for presentation and review by the Finance Committee in advance of the December 31st deadline for the GFOA Awards Program for Excellence in Financial Reporting. The City requests respondents to describe their projected audit fieldwork plan. Below is a suggested timeline that would work for the internal Finance department of the City. • Fiscal Year End: June 30
• Interim Field Work: April – May
• Internal Year-End Closing: July – August
• Audit Entrance Conference: 2nd week of September
• Final Trial Balance due to the Auditors: 3rd week of September • Year-end Fieldwork: 4th week of September
• Review of ACFR draft: 3rd week of October
• Issuance and presentation of ACFR to Finance Committee: 1st week of November • Presentation of ACFR to City Council: 2nd week of November • Submission of ACFR to the GFOA: 2nd week of December
EXHIBIT B
PAYMENT SCHEDULE
EXHIBIT C
CITY’S REQUEST FOR PROPOSAL
EXHIBIT D
CONTRACTOR’S PROPOSAL
Basic report to be issued 2023-24 2024-25 2025-26 2026-27 2027-28 TOTAL City audit, including ACFR 40,500 $ 42,100 $ 43,800 $ 45,600 $ 47,400 $ 219,400 $ Single Audit Report (if applicable)* 5,600 5,800 6,000 6,200 6,400 30,000 State Controllers Report preparation** 2,000 2,100 2,200 2,300 2,400 11,000 Annual Streets Report preparation** 900 900 900 900 900 4,500 Total $ 50,900 49,000 $ 52,900 $ 55,000 $ 57,100 $ 264,900 $ * = for the first major program, each additional major program $5,100 in 2024, $5,400 in 2025, $5,700 in 2026, $6,000 in 2027, and $6,300 in 2028.** = Typically outsourced Billable Hourly Rates by Classification (for Additional Work) Description 2023-24 2025 2026 2027 2028Partner 350 $ 360 $ 370 $ 380 $ 390 $ Manager 235 240 245 250 260
Senior auditor 175 180 185 190 195
Staff auditor 155 160 165 170 175
City of Twentynine Palms
Proposal for Independent Audit Services
Cost of Services (All-Inclusive/Fixed Fee)
CITY OF TWENTYNINE PALMS
REQUEST FOR PROPOSAL (RFP)
FOR
AUDIT SERVICES
Finance Department
6136 Adobe Road
Twentynine Palms, CA 92277
Telephone: (760) 367-6799
RFP Release Date: October 5, 2023
CITY OF TWENTYNIE PALMS
REQUEST FOR PROPOSAL: AUDIT SERVICES
Table of Contents
REQUEST FOR PROPOSAL
1. INTRODUCTION ......................................................................................................................... 1
2. DESCRIPTION OF THE CITY GOVERNMENT ........................................................................ 1
3. PROJECT SCHEDULE ............................................................................................................... 4
4. NATURE OF SERVICES REQUIRED ....................................................................................... 5
5. PROPOSAL FORMAT AND CONTENT .................................................................................... 8
6. EVALUATION CRITERIA ......................................................................................................... 12
7. SELECTION PROCESS ........................................................................................................... 13 ATTACHMENT A – Cost Proposal Template
ATTACHMENT B – City’s Standard Professional Services Agreement
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1. INTRODUCTION
1.1 Purpose
The City of Twentynine Palms is requesting proposals from experienced and qualified independent certified public accounting firms to audit its financial statements for the five fiscal years beginning with the fiscal year ending June 30, 2024, plus two one-year option periods. This Request for Proposal (RFP) describes the required Scope of Services, the minimum information that must be included in the proposal, and the evaluation and selection process. Failure to submit information in accordance with this RFP’s requirements and procedures may result in disqualification. For purposes of the RFP, the terms “Proposer”, “Auditors”, “Respondent” and “Firm” are interchangeable.
1.2 Special Requirements
Proposers must be responsive to the City’s request. The City shall determine the most responsive and qualified auditor providing the best service at the most reasonable cost.
Cost alone shall not be the determinative factor.
The request for proposals does not oblige the City to award a contract or complete the project and the City reserves the right to cancel the solicitation if deemed in its best interest. There is no expressed or implied obligation for the City to reimburse respondents for any expenses incurred in preparing proposals in response to this RFP, including any expenses incurred due to participation in this RFP process.
The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that firm is ultimately selected. Materials submitted by Proposers are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.), unless exempt. Submission of a proposal indicates acceptance by the firm of the conditions contained in this RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the subsequent contract between the City and the firm selected.
Auditors must maintain all applicable licenses and certifications as required by law.
Auditors should provide an affirmative statement that it is independent of the City as defined by auditing standards generally accepted in the United States of America and the General Accounting Office’s Government Auditing Standards.
The City wishes to negotiate a fixed price contract with a “not to exceed” dollar total based on a clearly defined scope of work.
2. DESCRIPTION OF THE CITY GOVERNMENT
2.1 Background Information
The City of Twentynine Palms was incorporated on November 23, 1987, under the general laws of the State of California and enjoys all the rights and privileges pertaining to such "General Law" cities. The City is located in south-central San Bernardino County (a part of the Morongo Basin). The City limits cover an area of approximately 58 square miles, with a population of approximately 26,000 residents.
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The City is home to the Joshua Tree National Park Headquarters and Main Park Entrance and proud host of the Marine Corps Air Ground Combat Center, the world's largest Marine Corps training base.
The City operates under the council-manager form of government. Policy-making and legislative authority are vested in the City Council consisting of five members elected by District. The City Council is responsible, among other things, for passing ordinances, adopting the budget, appointing committees or commissions and hiring both the City Manager and City Attorney. The City Manager is responsible for carrying out the policies and ordinances of the City Council, for overseeing the day-to-day operations of the City, and for appointing the heads of the various departments.
The City provides a full range of municipal services including public works, planning and zoning, parks and recreation, and general administrative services. Police services are provided by the San Bernardino County Sheriff’s Department. Fire services are provided by the San Bernardino County Fire Department. The Twentynine Palms Water District provides water services for the City. Economic development activities which, in the past, were provided through a legally separate Twentynine Palms Redevelopment Agency (Agency). The activities of the Agency were included as an integral part of the City’s basic financial statements through January 31, 2012. All Redevelopment Agencies in the State of California ceased to exist on that date. The activity of closing the Twentynine Palms Redevelopment Agency passed to the City as “Successor Agency.” The City is obligated to report the resources and activities of the Successor Agency in a separate private purpose trust fund.
In Fiscal Year 2020-21, the City began providing sewer services to customers in a relatively new small area developed within the City’s downtown (aka Phoenix Project). This project is unique in that it has a limited number of customers and will have its own package treatment plant serving only those customers within the new development area.
2.2 Fund Structure
The City uses the fund types listed below in its financial reporting. Each governmental and proprietary fund has a legally adopted budget conforming to GAAP.
Fund Type # of Funds
General Fund 1
Special Revenue Funds 14
Capital Projects Funds 4
Debt Service Funds 1
Enterprise Funds 1
Trust Funds 1
In addition, the City maintains governmental capital assets for infrastructure and general capital assets in the Governmental Capital Assets Fund and related long-term debt in the Governmental Long-Term Debt Fund. The City does not have any component units.
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2.3 Budgetary Process
The legal level of budgetary control is at the fund level. The City Manager or his/her designee is authorized to transfer appropriations between accounts within each fund as long as the total adopted budget allocation of that fund is not exceeded. Transfers from fund to fund require approval of the City Council, if not approved in the budget.
The City utilizes an encumbrance system, whereby commitments such as purchase orders and unperformed contracts are recorded as reserved fund balances at year-end.
Unexpended or unencumbered appropriations lapse at the end of the fiscal year.
Encumbered appropriations are reappropriated in the ensuing year’s budget by action of the City Manager or his/her designee.
2.4 Finance Department
The finance department consists of 3 employees. Some of the functions performed by the Finance team include Accounts Payable, payroll, cash management, budgeting, financial reporting, purchasing, accounts receivable, among others. The City currently utilizes AccuFund as its financial software system.
Information regarding the City and its organization, such as governmental structure, services provided, the current Operating and Capital Budgets and Annual Comprehensive Financial Report (ACFR) and Single Audit Reports, is available on the City’s website at www.ci.twentynine-palms.ca.us
2.5 Pension Plans and Other Post-Employment Benefits
All qualified permanent and probationary employees are eligible to participate in the Public Agency Cost-Sharing Multiple-Employer Defined Benefit Pension Plan (Plan or PERF C) administered by the California Public Employees’ Retirement System (CalPERS.) The Plan consists of a miscellaneous pool, which is comprised of individual employer miscellaneous rate plans. The City sponsors four rate plans (two miscellaneous and two inactive safety).
In 2016, the City accepted the Twentynine Palms Water District (Water District) PERS Pension Liability within the LAFCO (Local Agency Formation Commission) proceedings that transferred the fire responsibility from the Water District to the County of San Bernardino Fire District. As part of the financial obligation, the Water District not only obligated the Pension Liability but also transferred cash to offset the Liability held in a PARS (Public Agency Retirement System) account. This represents the two inactive safety rates of the plan (PEPRA and Miscellaneous Safety) mentioned above. The inactive safety plan was terminated in July 2023.
The City also provides postretirement health care benefits to its employees through the California Public Employees’ Medical and Hospital Care Act (PEMHCA). The City has established a Retiree Healthcare Plan (OPEB Plan) and participates in an agent multipleemployer defined benefit retiree healthcare plan. Retirees hired prior to 9/1/2017 are eligible to receive a lifetime City-paid benefit up to $500 per month, with benefits continuing to the surviving spouse. Retirees hired prior to 9/1/2017 who opt out of PEMHCA are eligible for a City contribution of $250 per month to a Health Reimbursement Arrangement plan for their lifetime but this benefit does not revert to the surviving spouse, if any.
Employees hired on or after 9/1/17 receive only the PEMHCA minimum.
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2.6 Joint Ventures
On October 16, 1989, the Morongo Basin Transit Authority (the Authority) was created as a joint powers agency by the County of San Bernardino, the City of Twentynine Palms, and the Town of Yucca Valley. The system will provide transit services in the City and certain surrounding areas of the Morongo Basin as a means of meeting the transit needs of various transit-dependent groups within the area.
The system is primarily funded by Article 8 funds. The City has an ongoing responsibility for providing funding on an annual basis for operating costs of the Authority, but the City has no equity interest in, or claim to the assets of, the Authority.
3. PROJECT SCHEDULE
The following is a general outline of the project schedule; however, dates may be subject to change and adjusted as needed.
RFP Issued October 5, 2023
Request for Clarifications due October 20, 2023
Clarification Responses provided November 3, 2023
Proposal Submittal Deadline November 13, 2023
Review of Audit Proposals Week of November 20, 2023
Firm Interviews (conducted at City’s discretion) Week of November 27, 2023 Contract awarded by City Council December 12, 2023
3.1 Questions Concerning the RFP and Due Dates
Questions and requests for clarification and/or explanation regarding any aspect of this RFP should be addressed to the Finance Director/City Treasurer no later than 4:00 PM on Friday, October 20, 2023. Questions submitted after this time will not receive a response.
Submitted questions must list the following title in the subject line “RFP for Audit Services – Request for Clarifications”.
The original signed proposal is to be submitted in sealed packages with the name of the Firm and RFP title clearly marked on the outside of the package. An electronic copy (PDF) of the proposal shall also be submitted via email to Abigail Hernandez Conde, Finance Director/City Treasurer, at [email protected] with a subject line that reads “Request for Proposal for Independent Audit Services”. The proposals (hard copy and PDF) must be submitted no later than 4:00 PM (Pacific Standard Time) on Monday, November 13, 2023. Proposals received after this time or submitted in any other manner will not be accepted. The proposals must address the items listed in Section 5 of this RFP. The original signed proposal must be mailed to the following address:
City of Twentynine Palms
Finance Director/City Treasurer
6136 Adobe Road
Twentynine Palms, CA 92277
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Respondents shall email the Finance Director/City Treasurer at the email indicated above to indicate their interest in receiving any City issued responses. The questions submitted and the written responses will be sent via email response to all respondents who have indicated via email their interest in receiving City responses. Questions will not be taken by phone or fax. The City is subject to the California Public Records Act and, therefore, the Respondent’s submissions, including questions and responses, may be made available to requesting parties if such information is requested from the City in accordance with the California Public Records Act. Respondents should exclude from submittal any information considered confidential.
4. NATURE OF SERVICES REQUIRED
The City is soliciting the services of qualified independent certified public accounting firms to audit its financial statements for fiscal years 2023-2024 through 2027-2028, plus two one-year option periods.
4.1 Scope of Work to be Performed
The auditors will perform an examination of the City’s basic financial statements and required supplementary information (RSI) in accordance with the auditing standards outlined in Section 4.2 below, with the objective of expressing an opinion on each opinion unit of the financial statements that collectively comprise the basic financial statements. In addition, the auditors will express an “in-relation-to” opinion on the combining and individual nonmajor fund financial statements, including budgetary comparison schedules. Finally, the auditors will determine that information provided in the introductory and statistical sections of the City’s ACFR conforms to amounts reported in the basic financial statements. The auditors will assist the City prepare the ACFR. The auditors will be responsible for rendering their opinion and provide the City one electronic copy in PDF format by November 10th of each year.
When applicable, the auditors will conduct an examination of the City’s federal awards in conformance with the auditing standards outlined in Section 4.2 below.
In addition to the audit of the federal awards, the auditor will review any materials included in the reporting package accompanying the data collection form. The City will prepare the Schedule of Expenditures of Federal Awards. The auditors will prepare the single audit report and provide one electronic copy in PDF format by December 20th of each year. The auditors will complete the data collection form and required filing with the Federal Audit Clearinghouse and provide the City with one electronic copy in PDF format of the data collection form by January 31st of each year.
The auditors will perform agreed-upon procedures to test and report on the GANN appropriation limitation calculation. The auditors will be responsible for rendering their opinion and providing the City one electronic copy in PDF format by November 10th of each year.
When applicable, the auditors will issue a “management letter” that includes significant deficiencies and material weaknesses (as defined by the applicable auditing standards) that were identified during the audit.
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Management letters should be addressed to the City Council and should include a follow-up on the prior year’s recommendations, if any. The auditors will provide the City one electronic copy in PDF format by November 10th of each year. The auditors will issue a SAS 114 report addressed to the City Council at the conclusion of the audit. The auditors will provide the City one electronic copy in PDF format by November 10th of each year. (A separate SAS 114 letter addressed to the City Council should be provided during the planning phase of the audit to open the “two-way communication” between the auditors and the City Council.) If needed, the auditors shall complete the City’s annual Street Report and electronically file it with the State Controller’s Office no later than December 1st of each year.
If needed, the auditors shall complete the annual Cities Financial Transactions Report and electronically file it with the State Controller’s Office no later than January 31st of each year.
The City has been a recipient of the GFOA Certificate of Achievement Award for Excellence in Financial Reporting for the past several years and plans to continue to participate in this program in the future. The auditors are expected to assist the City, as necessary, to meet the requirements of the Government Finance Officers Association of the United States and Canada (GFOA) Certificate of Achievement in Financial Reporting Program.
The auditors are expected to be responsive to questions or requests made by the City during the course of the contract period. An option for early termination of the contract may be exercised by the City for persistent non-responsiveness by the audit firm to City questions or requests or for failure to meet the deadlines established in the RFP.
The Engagement Partner may be expected to be present at the City Council meetings when the contract is being awarded or amended and when the annual reports and management letter are being presented (at the City Council or City Manager’s request).
The auditors are expected to provide copies of reports to the City as follows:
1. ACFR – 1 PDF file, 7 bound reports
2. Management and SAS 114 Letters – 1 PDF file, 7 stapled copy
3. Single Audit (if applicable) - 1 PDF file, 7 bound reports
4. City Annual Reports of Financial Transactions to SCO – 1 PDF file
5. Street Report - 1 PDF file
4.2 Auditing Standards to be Followed
To meet the requirements of this RFP, the audit shall be conducted in accordance with the following standards:
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Auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. The provisions of the Single Audit Act of 1996, as amended. The provisions of the U.S. Office of Management and Budget (OMB) Circular A133, Audits of States, Local Governments and Non-Profit Organizations, or latest versions thereof.
Specific auditing standards relating to any grant agreement determined to be material by the auditors for purposes of the examination of the basic financial statements.
Any other applicable standards for conducting examinations and/or reports to be issued in conjunction with those items outlined in Section 4.1.
4.3 Retention and Access to Working Papers
All working papers and reports must be retained, at the auditor’s expense, for a minimum of five (5) years, unless the firm is notified in writing by the City of the need to extend the retention period.
Should standard retention periods required by any of the standards identified in Section 4.2 be increased beyond 5 years, the increased retention period shall be followed. The auditor will be required to make working papers available, upon request by the City or its designee.
The auditor shall respond to reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance.
4.4 Irregularities and Illegal Acts
The auditors shall be required to make an immediate written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the: Mayor, City Manager, and Finance Director/City Treasurer.
4.5 Subcontracting
Should any firm submitting a proposal consider subcontracting portions of the engagement, that fact must be clearly identified in the proposal along with the name of the proposed subcontractor. Following the award of the audit contract, no additional subcontracting will be allowed without the express prior written consent by the City’s Finance Director/City Treasurer.
4.6 Conflict of Interest
The audit firm must submit a disclaimer statement disclosing that the firm has no conflict of interest with regard to any of the work performed by the firm for the City. This disclaimer must be included in the Proposal Letter required in Section 5.3.
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4.7 Acknowledgement of Contract Agreement
The audit firm shall enter into a contract with the City by signing the City’s Professional services agreement. A sample copy of the Agreement is attached (Attachment B). The audit firm shall acknowledge acceptance of the terms and conditions described in the sample copy of the Agreement. If there are any exceptions to the term and conditions, the audit firm should include those exceptions in the Proposal Letter described in Section 5.3.
4.8. Audit Planning and Year-End Fieldwork
In a coordinated effort between City finance staff and audit personnel, the City requests that the audit firm organize and plan their planned work paper requests and sample selections to minimize last minute workload demands on internal staff, while still achieving a workplan that delivers the final product, the Annual Comprehensive Finance Report, in ample time for presentation and review by the Finance Committee in advance of the December 31st deadline for the GFOA Awards Program for Excellence in Financial Reporting. The City requests respondents to describe their projected audit fieldwork plan.
Below is a suggested timeline that would work for the internal Finance department of the City.
Fiscal Year End: June 30
Interim Field Work: April – May
Internal Year-End Closing: July – August
Audit Entrance Conference: 2nd week of September
Final Trial Balance due to the Auditors: 3rd week of September Year-end Fieldwork: 4th week of September
Review of ACFR draft: 3rd week of October
Issuance and presentation of ACFR to Finance Committee: 1st week of November Presentation of ACFR to City Council: 2nd week of November Submission of ACFR to the GFOA: 2nd week of December
5. PROPOSAL FORMAT AND CONTENT
Unnecessarily elaborate or glossy proposals are neither expected nor desired. The emphasis of the proposal should be on responding to the requirements set forth in this RFP.
Respondents shall submit a proposal that is clear, concise, complete, and demonstrates the qualifications and experience applicable to the “Scope of Work” [Section 4] of this RFP.
To facilitate the review and evaluation of the proposals, the prospective Auditors shall organize their submission using the following outline format:
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5.1 General Requirements
The proposal shall have a cover page with the: project title, proposal due date, and name, address, and telephone number of the Firm submitting the proposal. The proposal shall include a table of contents with a clear listing of headings and pages.
Proposal shall use a 12-point font, at a minimum, and shall be a maximum of 20 pages, excluding the fee proposal and resumes of key personnel. Firm shall submit one (1) original, four (4) hard copies, and one (1) electronic copy in PDF format of the proposal.
Proposals shall follow the order listed in Section 5.3.
5.2 Proposal Inclusions and Order
Proposal Letter – The proposal letter must be completed and executed by an authorized representative of the Firm and include the following:
o An executive summary (limited to 2 pages) of the proposal identifying the Firm/team being presented for consideration:
o Contact person (and related information) for the City’s correspondence regarding this RFP:
o Acknowledgment of any addenda to the RFP:
o Exceptions the Firm has to the RFP and/or Sample Professional Services Agreement, if any; and
o Disclaimer of conflict of interest as required in Section 4.6. Firm Qualifications and Experience – The proposal letter must be completed and executed by an authorized representative of the Firm and include the following:
o To qualify, a Firm must have extensive experience in audits of local governments. The Firm should state the size of the Firm, the size of the Firm’s governmental audit staff, the location of the office from which the work on this engagement is to be performed, and the number and nature of the staff to be so assigned to the engagement. Staff consistency on the engagement from the Auditor In-Charge position through the Engagement Partner position is an important consideration.
o An affirmative statement should be included that the Firm and all assigned key professional staff are properly licensed to practice public accountancy in California.
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o At a minimum, the Firm should provide a list of the most recent projects for which the Consultant has performed similar services of similar size, scope, and complexity.
o The Firm shall provide information on the results of federal or state desk reviews or field reviews of its audits during the past three (3) years.
The Firm shall provide information on the circumstances and status of any disciplinary actions taken or pending against the Firm during the past three (3) years with State regulatory bodies or professional organizations. Partner, Supervisory, and Staff Qualifications – The Firm should provide as much information as possible regarding the number, qualifications, experience, and training of the specific staff to be assigned to this engagement. Resumes for key personnel (engagement partners, technical review partners, managers, in-charge auditors, and any specialists) should be included (as an Appendix to the technical proposal), indicating the following:
o Whether such person is licensed to practice as a certified public accountant in California;
o Information on the government auditing experience of each person; o Relevant continuing professional education for the past three (3) years; and o Membership in professional organizations relevant to the performance of this audit.
Engagement partners, managers, in-charge auditors, and specialists may be changed if these personnel leave the firm, are promoted, or are assigned to another office. These personnel may also be changed for other reasons with express written permission from the City. However, in either case, the Firm provides that replacements will have substantially the same or better qualifications and experience and the City retains the right to approve or reject replacements. References – Please provide a list of not less than 5 client references for which services similar to those outlined in this RFP are currently being provided by the Firm’s office that will be assigned responsibility for the audit. For each reference listed, provide the name of the organization, engagement partner, engagement manager, total hours for the project, dates for which the service(s) are being provided, type of service(s) being provided and the name, address, telephone number, and email of the principal client contact.
Specific Audit Approach – The proposal must include a detailed work plan, including an explanation of the audit methodology to be followed in performing the services required in Section 4 of this RFP. The description should provide specific tasks and subtasks in ongoing order. The Firm should address any elements of the Scope of Work it believes are not addressed in Section 4 but are necessary to complete the work. The detailed work plan should include a list of all the deliverables. The following information should be included related to the specific audit approach:
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o Proposed segmentation of the engagement.
o Level of staff and number of hours to be assigned to each proposed segment of the engagement.
o Sample sizes and the extent to which statistical sampling is to be used on the engagement.
o Extent of use of EDP software in the engagement.
o Type and extent of analytical procedures to be used in the engagement. o Approach to be taken to gain an understanding of, document and test, where applicable, the City’s internal control structure, including its controls related to federal and state grant programs.
o Approach to be taken in determining laws, regulations, contracts, and grants subject to audit test work.
o Approach to be taken in including requirements of SAS 99, Consideration of Fraud in a Financial Statement Audit, within the audit plan. o Identification of anticipated potential audit issues. (The proposal must identify and describe any anticipated potential audit issues, the Firm’s approach to resolving these issues, and any special assistance that will be requested from City personnel.)
Cost Proposal – The Firm shall submit a cost proposal in a separately sealed envelope clearly marked “Cost Proposal for Independent Audit Services” using the format included in Attachment A. The cost proposal must be submitted no later than 4:00 PM (Pacific Standard Time) on Monday, November 13, 2023. The cost proposal must be mailed to the following address:
City of Twentynine Palms
Finance Director/City Treasurer
6136 Adobe Road
Twentynine Palms, CA 92277
Costs shall indicate the total all-inclusive maximum price. The cost proposal should include all pricing information relative to performing the audit engagement as described in this RFP. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs, including all out-of-pocket expenses. The City will not be responsible for expenses incurred in preparing and submitting the proposals. The cost proposal should also include the Firm’s hourly rates by classification should the City desire additional services not covered by this RFP.
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6. EVALUATION CRITERIA
The proposals will be evaluated using the following criteria and weightings:
Mandatory Requirements – 20%
o The Firm is independent and licensed to practice in California. o The Firm’s professional personnel have received adequate continuing professional education.
o The Firm has no conflict of interest with regard to any other work performed by the auditor for the City.
o The Firm submits a copy of its most recent external quality control review report, and the Firm has a record of quality audit work. o The Firm adheres to the instructions in this RFP on preparing and submitting the proposal.
Expertise and Experience – 30%
o The Firm’s past experience and performance on comparable government engagements.
o The Firm’s quality of the Firm’s professional personnel to be assigned to the engagement and the quality of the Firm’s management personnel to be available for technical consultation.
Audit Approach – 30%
o The thoroughness of the approach to conducting the audit of the City and the demonstration of the understanding of the objectives and scope of the audit.
o Adequacy of the proposed staffing plan for the various segments of the engagement.
o The timeframe to complete the audit.
o Adequacy of sampling techniques.
o Adequacy of analytical procedures
o Adequacy of procedures for ensuring compliance with SAS 99.
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Cost – 20%
Maximum points will be allotted to the lowest cost proposer. All other proposers will be scored based on the formula below:
Overall Cost No. of Points
1 (lowest) 20
2 16
3 12
4 8
All Others 4
7. SELECTION PROCESS
A Selection Committee (Committee), comprised of the City’s staff and Councilmembers (may include outside parties), will screen and review all proposals according to the weighted criteria set forth above.
7.1 Responsiveness Screening
Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as non-responsive any proposal that does not include the documents required to be submitted by this RFP. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their proposals.
7.2 Initial Proposal Review
The Committee will initially review and score all responsive written proposals based upon the Evaluation Criteria set forth above. The Committee may also contact the Proposer's references. Proposals that receive the highest evaluation scores may be invited to the next stage of the evaluation process. The City may reject any proposal in which a Proposer’s approach, qualifications, or price is not considered acceptable by the City. An unacceptable proposal is one that would have to be substantially rewritten to make it acceptable.
The City may conclude the evaluation process at this point and recommend award to the lowest responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best result for the City prior to making a recommendation or selection.
7.3 Interviews, Reference Checks, Revised Proposals, Discussions Following the initial screening and review of proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral interview. The individual(s) from Proposer’s firm that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the proposal.
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In addition to conducting an oral interview, the City may during this stage of the evaluation process also contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a proposal, and seek and review any other information deemed pertinent to the evaluation process.
7.4 Final Selection
Recommendation for award is contingent upon the successful negotiation of final contract terms, including audit firm compensation. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFP.
7.5 Other Matters
Response Preparations - No reimbursement will be made by the City for costs incurred in the preparation of the response to this RFP. Submitted materials will not be returned and will become the property of the City.
Right to Reject Proposals - Submission of a proposal indicates acceptance by the submitting firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the agreement between the City and the firm selected. The City reserves the right without prejudice to reject any or all proposals, or to waive any requirement of this RFP. Proposer is encouraged to review this RFP carefully in its entirety prior to preparation of its Proposal. The City reserves the right to reject any or all Proposals or to select the Proposal most advantageous to the City. The City reserves the right to verify all information submitted in the Proposal.
Amendments to RFP - The City reserves the right to amend the RFP or issue to all Proposers a Notice of Amendment to answer questions for clarification.
No Commitment to Award - Issuance of this RFP and receipt of Proposals does not commit the City to award a Contract/Agreement. The City expressly reserves the right to postpone the Proposal for its own convenience, to accept or reject any or all Proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP.
Amendments to Proposals - No amendment, addendum or modification will be accepted after the deadline stated herein for receiving Proposals. Proposer may modify or amend its Proposal only if the City receives the amendment prior to the deadline stated herein for receiving Proposals.
Non-Responsive Proposals - A Proposal may be considered nonresponsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the Proposal.
REQUEST FOR PROPOSAL: AUDIT SERVICES
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Late Proposals - The City will not be responsible for Proposals that are delinquent, lost, incorrectly marked, sent to an address other than that given herein, or sent by mail or courier service and not signed by the City.
Business License - Prior to entering into an Agreement, the selected Firm must have a current City of Twentynine Palms Business License.
Debarment - By submitting a proposal, the respondent certifies that the Firm is not currently debarred from submitting proposals and/or bids for contracts issued by any City or political subdivision or agency of the State of California, and that it is not an agent of a person or entity that is currently debarred from submitting proposals and/or bids for contracts issued by any City or political subdivision or agency of the State of California.
Equal Employment Opportunity Compliance - The selected Firm shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Firm shall take affirmative action to ensure that all employees and applicants for employment shall be treated with equality in all aspects of employment processes including, but not limited to, hiring, transfer, promotion, training, compensation, and termination, regardless of their race, creed, color, sex, national origin, age, or physical handicap.
Collusion – By submitting the proposal, the respondent certifies that the Firm, its officers, employees and/or agents are not a party to any collusive action, fraud, or any action that may be in violation of the Sherman Antitrust Act. The respondent certifies that the company, its officers, employees and/or agents have not offered or received any kickbacks or inducements from any other bidding Consultant, supplier, manufacturer, or subcontractor in connection with the proposal and that the company, its officers, employees and/or agents have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. Any or all bids shall be rejected if there is any reason to believe collusion exists among the bidding Firms. More than one bid from an individual firm, partnership, corporation, or association under the same or different names may be rejected. Reasonable grounds for believing that a bidding Firm has interest in more than one proposal for the work being proposed may result in rejection of all bids in which the bidding Firm is believed to have interest.
Drug-Fee Workplace Requirements - Proposer will comply with the requirements of the Drug-Free Workplace Act of 1990. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both if the City determines that any of the following has occurred: The Proposer has made false certification or violated the certification by failing to carry out the requirements noted above (Gov. Code section 8350 et seq.).
ATTACHEMENT A
City of Twentynine
Proposal for Independent Audit Services
Cost of services (All-Inclusive/Fixed Fee)
Description 2023-24 2024-25 2025-26 2026-27 2027-28 TOTAL City Audit, including ACFR Single Audit Report (if applicable) State Controllers Report preparation Annual Streets Report Preparation TOTAL NOT TO EXCEED FEES Billable Hourly Rates by Classification (for Additional Work) Description 2023-24 2024-25 2025-26 2026-27 2027-28 Partner Manager Senior Auditor Staff Auditor Other (please specify)
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CITY OF TWENTYNINE PALMS
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and effective as of Day Month Year, between the City of Twentynine Palms, a municipal corporation (“City”) and Contractor Name (“Contractor”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on Day Month Year and shall remain and continue in effect until tasks described herein are completed A, but in no event later than Month Day Year unless sooner terminated pursuant to the provisions of this Agreement.
Notwithstanding the above, Section 9 of this Agreement shall survive the term of this Agreement.
2. OPTION TO EXTEND TERM
The City gives the Contractor the option to extend the term of this Agreement on the same provisions and conditions, except for the contract amount, for two (2) one-year periods (‘’extended terms”) following expiration of the first term, by Contractor giving notice of its intention to exercise the option to the City prior to the expiration of the preceding term.
The payment for each extended term shall be adjusted by good faith negotiation of the parties.
3. SERVICES
Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
4. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor represents it holds the necessary skills and abilities to perform the work as set forth in this Agreement, and City relies upon the skills and abilities of Contractor. Contractor shall perform the work and services under this Agreement in accordance with such heightened standard of work and in accordance with the accepted standards of the professional disciplines involved in the tasks described herein.
5. CITY MANAGEMENT
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City Manager shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Contractor, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Contractor. City's City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Contractor's compensation, subject to Section 5 hereof.
6. PAYMENT
(a) Except as otherwise stated herein, the City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Final payment shall be coordinated and conditioned with completion of the tasks set forth in Exhibit A.
This amount shall not exceed amount – amount dollars ($ 00,000 .00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement (“Total Agreement Amount”).
(b) Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.
Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. (c) Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Invoices shall include the contract amount, invoice amount to date, and balance remaining. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Prior to signing the Agreement, Contractor shall provide to City a completed and signed Form W-9, Request for Taxpayer Identification Number and Certification. All of City’s monetary obligations set forth in this Agreement are conditioned upon City’s receipt of an executed W-9 form from Contractor.
(e) Notwithstanding Contractor’s delivery of invoices to City and/or other remedies available to the City, City may retain ten percent (10%) of the payment on each month’s invoice, on a cumulative basis, until Contractor has completed all of the tasks set forth in Exhibit A.
(f) Notwithstanding Contractor’s delivery of invoices to City and/or other remedies available to the City, if Contractor has not delivered to the City the required certified insurance policies and endorsements within the time required by Section 10(f) (3) of this Agreement, City has the sole discretion to withhold any and all payments to Contractor
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until Contractor delivers to the City the certified insurance policies and endorsements required by Section 10 of this Agreement.
7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 5.
(c) Except as otherwise provided herein and prior to the termination date of this Agreement, this Agreement may be terminated by written consent of both the City and the Contractor.
8. DEFAULT OF CONTRACTOR
(a) The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
9. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the
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performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor.
With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
10. INDEMNIFICATION
(a) Indemnification
To the fullest extent permitted by law, Contractor shall protect, indemnify, defend and hold harmless City and any and all of its officials, employees, volunteers and agents from and against any and all losses, liabilities, damages, and costs and expenses (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the actions or failure to act of Contractor, its officers, agents, employees or subcontractors, or any entity or individual that Contractor shall bear the legal liability thereof.
For purposes of this Agreement, a “Licensed Design Professional” shall be limited to licensed architects, licensed landscape architects, registered professional engineers, and licensed professional land surveyors, all as defined by current law, and as may be amended from time to time by California Civil Code § 2782.8. (c) Indemnification Provisions Pertaining To Subcontractors And Others Performing Work. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a
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waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
11. INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor shall maintain insurance in conformance with the requirements set forth below. Contractor shall use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. All Sections of this Agreement and any provision in City's Request for Proposal and Contractor's submitted proposal are subordinate to and superseded by the requirements contained in this Section to the extent that any provision or portion thereof conflicts with or impairs these requirements or any obligation to or right under or pursuant to these insurance requirements. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such.
(a) Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability Insurance – Written on the Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another.
(2) Business Auto Coverage –Written on the ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. If Contractor owns no vehicles, this requirement may be satisfied by a nonowned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each person.
(3) Workers' Compensation/Employer's Liability Insurance - Written on a policy form providing workers' compensation statutory benefits as required by the State of California. Employer's Liability limits shall be no less than one millions dollars ($1,000,000) per accident or disease. Employer's Liability coverage shall be scheduled under any umbrella policy described above.
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Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects City, its officers, officials, employees, or agents. (4) Professional Liability or Errors and Omissions Insurance as appropriate to the Contractor’s profession - Written on policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement.
(b) Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Errors and Omissions Liability: The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance shall continue to be effective to cover all claims made within three (3) years of the completion of the work in the Agreement.
(4) Excess or Umbrella Liability Insurance (Over Primary): If used to meet limit requirements, it shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first.
There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. (c) Deductibles and Self-Insured Retention. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the
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project contemplated by this agreement to self-insure its obligations to City. If Contractor’s existing coverage includes a deductible or self-insured retention, the deductible or selfinsured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or the Contractor to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses or other solutions. Any deductibles in excess of ten percent (10%) or self-insured retention must be approved by the City Manager. (d) Other Insurance Provisions. The general liability, business auto liability, and any necessary umbrella liability policies are to contain, or be endorsed to contain, the following provisions:
(1) General liability and umbrella policies shall cover the City, its officers, officials, employees, agents, and volunteers are to be additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, or volunteers. Endorsements including the additional insured shall be identified on standard ISO endorsement number CG 20 10, attached to an ISO-CGL policy or other form as expressly approved by City, and which does not limit the scope of coverage for the additional insured to vicarious liability or to the additional insured's supervision of a given project. Contractor also agrees to require all contractors and subcontractors to do likewise.
(2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, and there shall be no cross-liability exclusions that preclude coverage for suits between Contractor and City or between City and any other insured. Contractor expressly waives any claim against City for any covered act or event, and Contractor's insurance policy shall not prevent such waiver. The limits of insurance required herein shall in no way limit the liability of the party providing the insurance. In addition, if the
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coverage or limits available to Contractor exceed that required by this Agreement, and the loss incurred by the additional insured exceeds the amount required by this Agreement, it is the parties' intent that all such additional coverage and limits available will apply irrespective of the specific coverage or limits required herein.
(5) No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor’s employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
(6) All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
(7) The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.
(8) For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
(9) Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. (10) None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (11) No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
(12) All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of
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contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
(13) The provisions of any workers’ compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
(14) Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
(15) Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. (e) Acceptability of Insurers. Insurance is to be placed with insurers authorized and admitted to do business in California and with a current A.M. Best's rating of A or better and a financial size of VII or greater, unless otherwise acceptable to the City. (f) Verification of Coverage and Notice of Cancellation. (1) Contractor shall immediately furnish to City certificates of insurance or endorsements, satisfactory to City, evidencing the insurance coverage above required prior to the commencement of performance of services hereunder. These certificates or endorsements shall provide that such insurance is the minimum, is in no way limited by any provision herein, and allows for the application of all coverage available to the additional insureds. Further, the certificates or endorsements shall require thirty (30) days written notice to additional insured City prior to any termination, suspension, cancellation, or non-renewal, or the reduction of available coverage, or any change in the terms of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate.
(2) Contractor agrees that if Contractor commences work under this Agreement without first providing City copies of the required insurance certificates or endorsements, that Contractor does so at its own and sole