City of Twentynine Palms
Single Audit Report on Federal Awards
Table of Contents
Page
Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards ............................................................ 1 Report on Compliance for Each Major Federal Program; Report on Internal Control Over Compliance; and Report on Schedule of Expenditures of Federal Awards in Accordance with the Uniform Guidance ............................................... 3 Schedule of Expenditures of Federal Awards .............................................................................. 7 Notes to the Schedule of Expenditures of Federal Awards ......................................................... 8 Schedule of Findings and Questioned Costs:
Section I: Summary of Auditor's Results ................................................................................ 9 Section II: Financial Statements Findings ............................................................................ 10 Section III: Federal Awards Findings and Questioned Costs ............................................... 11 Summary Schedule of Prior Audit Findings ............................................................................... 12
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REPORT ON INTERNAL CONTROL OVER FINANCIAL
REPORTING AND ON COMPLIANCE AND OTHER MATTERS
BASED ON AN AUDIT OF FINANCIAL STATEMENTS
PERFORMED IN ACCORDANCE WITH
GOVERNMENT AUDITING STANDARDS
Independent Auditor’s Report
To the Honorable City Council
City of Twentynine Palms, California
We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards), the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Twentynine Palms (the City) as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated October 31, 2024.
Report on Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the City’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
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Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses.
However, material weaknesses may exist that have not been identified.
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
San Bernardino, California
October 31, 2024
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REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL
PROGRAM; REPORT ON INTERNAL CONTROL OVER
COMPLIANCE; AND REPORT ON SCHEDULE OF
EXPENDITURES OF FEDERAL AWARDS IN ACCORDANCE
WITH THE UNIFORM GUIDANCE
Independent Auditor’s Report
To the Honorable City Council
City of Twentynine Palms, California
Report on Compliance for Each Major Federal Program
Opinion on Each Major Federal Program
We have audited the City of Twentynine Palms’ (the City) compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on each of the City’s major federal programs for the year ended June 30, 2024. The City’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs.
In our opinion, the City complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2024.
Basis for Opinion on Each Major Federal Program
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report.
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We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of the City’s compliance with the compliance requirements referred to above.
Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of contracts or grant agreements applicable to the City’s federal programs.
Auditor’s Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance, and therefore, is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material, if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of each major federal program as a whole.
In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we:
Exercise professional judgment and maintain professional skepticism throughout the audit.
Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.
Obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance. Accordingly, no such opinion is expressed.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.
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Report on Internal Control Over Compliance
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.
Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified.
Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.
Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. We issued our report thereon, dated October 31, 2024, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements and certain additional procedures including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America.
In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the financial statements as a whole.
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The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.
San Bernardino, California
October 31, 2024
City of Twentynine Palms
Schedule of Expenditures of Federal Awards Year Ended June 30, 2024 See accompanying notes to the schedule of expenditures of federal awards. - 7 -
Federal Grantor / Assistance Program Amount
Pass-through Grantor / Listing Identification Federal Provided to Program Title Number Number Expenditures Subrecipients
U.S. Department of Housing and Urban Development
Direct
Community Development Block Grant 14.228 21-CDBG-HK-00013 14,000 $ - $ Community Development Block Grant Entitlement Grants Cluster Passed through from County of San Bernardino
Community Development Block Grant 14.218 TPAL-23-1-03E/0285 74,500 -COVID-19 Meal Assistance Program 14.218 TWEN-19-CV-1-05W/0213 37,462 37,462 Total Community Development Block Grant Entitlement Grants Cluster 37,462 111,962 Total U.S. Department of Housing and Urban Development 125,962 37,462 U.S. Department of Treasury
Passed through from County of San Bernardino
COVID-19 - Coronavirus State and Local Fiscal Recovery Funds 21.027 SLT-0154 779,179 - Total U.S. Department of Treasury - 779,179
U.S. Department of Transportation
Passed through from California Department of Transportation Highway Bridge Program 20.205 BR-NBIL (533) 76,207 -Neighborhood Safety Project 20.205 HSIPL-558(009) 77,739 -Safe Routes to School 20.205 ATPSB1L-5448(010) 1,048,579 - Total Assistance Listing 20.205 - 1,202,525
Total U.S. Department of Transportation - 1,202,525Total Expenditures of Federal Awards $ 37,462 2,107,666 $
City of Twentynine Palms
Notes to the Schedule of Expenditures of Federal Awards Year Ended June 30, 2024
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Note 1: Summary of significant accounting policies applicable to the Schedule of Expenditures of Federal Awards
(a) Scope of presentation
The accompanying Schedule of Expenditures of Federal Awards (SEFA) presents only the expenditures incurred by the City of Twentynine Palms, California (City) that are reimbursable under programs of the federal government for the year ended June 30, 2024. The information in the SEFA is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the SEFA presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position, changes in net position/fund balance, or cash flows of the City. For the purposes of the SEFA, federal awards include both federal financial assistance received directly from a federal agency, as well as federal funds received indirectly by the City from a non-federal agency or other organization. Only the portion of program expenditures reimbursable with such federal funds are reported in the accompanying SEFA. Program expenditures in excess of the maximum federal reimbursement authorized or the portion of the program expenditures that were funded with state, local or other non-federal funds are excluded from the accompanying SEFA.
(b) Basis of accounting
The expenditures included in the accompanying SEFA were reported on the modified accrual basis of accounting. Under the modified accrual basis of accounting, expenditures are incurred when the City becomes obligated for payment as a result of the receipt of the related goods and services. Expenditures reported included any property or equipment acquisitions incurred under the federal program. Negative amounts, if presented on the SEFA, represent adjustments or credits made in the normal course of business to amounts reported as expenditures in prior years.
(c) De minimis indirect cost rate
The City has not elected to use the 10-percent de minimis indirect cost rate allowed under the Uniform Guidance where allowable.
City of Twentynine Palms
Schedule of Findings and Questioned Costs
Year Ended June 30, 2024
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Section I: Summary of Auditor's Results
Financial Statements
Internal control over financial reporting:
Material weakness identified? Yes X No
Significant deficiencies identified? Yes X None Reported Noncompliance material to financial
statements noted? Yes X No
Federal Awards
Internal control over major programs:
Material weakness identified? Yes X No
Significant deficiencies identified Yes X None Reported Any audit findings disclosed that
are required to be reported in
accordance with 2 CFR 200.516(a)? Yes X No
Identification of major programs:
Assistance Listing Number
21.027
Dollar threshold used to distinguish
between type A and type B programs: $750,000
Auditee qualified as low-risk auditee? X Yes No
Type of report the auditor issued on whether the financial statements audited were prepared in accordance with GAAP: unmodified
Type of auditor's report issued on compliance for major programs: unmodified Name of Federal Program
Coronavirus State and Local Fiscal Recovery Funds
City of Twentynine Palms
Schedule of Findings and Questioned Costs
Year Ended June 30, 2024
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Section II: Financial Statement Findings
No findings to be reported.
City of Twentynine Palms
Schedule of Findings and Questioned Costs
Year Ended June 30, 2024
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Section III: Federal Awards Findings and Questioned Costs No findings to be reported.
City of Twentynine Palms
Summary Schedule of Prior Audit Findings
Year Ended June 30, 2024
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2023-001: Corrective action taken
TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
September 24, 2024
REGULAR SESSION AGENDA
6:00 P.M.
CALL TO ORDER - Mayor Bilderain called the meeting to order at 6:01 p.m.
Pledge of Allegiance - John Cole led the Pledge of Allegiance.
Invocation - Pastor Amy Miranda - First Assembly of God Church gave the Invocation.
Roll Call - The following Councilmembers were present: Klink, Mintz, Scott, Wright, Bilderain.
Closed Session Announcements - None.
Changes to the Agenda - None.
ANNOUNCEMENTS
Mayor Bilderain announced that these proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on our website and clicking on the "Meeting Agendas" link.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
1. Introduction of Park and Recreation's Newest Employee, Xavier Wilhite.
Community Services Director Minatrea (Director Minatrea) introduced Xavier Wilhite.
2. Presentation to Pete Newman upon his retirement from the Food Pantry.
Mayor Pro Tem Klink presented a Proclamation from the City to Mr. Pete Newman for his service as a volunteer for various organizations.
3. Presentation to Members of the Molding Hearts Group for Their Assistance with the Storm Cleanup.
Mayor Bilderain presented certificates to members of the Molding Hearts Group for their assistance in the storm cleanup.
4. Proclamation Recognizing Hispanic Heritage Month.
Mayor Bilderain read the Proclamation in its entirety and presented it to Miss Odi Marmolejo, a student with the Hispanic Club at Twentynine Palms High School and to Dr. Patricio Vargas, Morongo Unified School District Superintendent.
City Council - Regular Meeting
September 24, 2024
5. Presentation by Morongo Unified School District on Measure C.
The Morongo Unified School District is placing a General Obligation bond measure on the November 2024 ballot to fund vital upgrades across local schools. This proposed bond aims to raise the necessary resources for modernizing outdated classrooms, replacing aging portable buildings, and making comprehensive improvements to school facilities, ensuring a safer and more effective learning environment for students.
Dr. Patricio Vargas, Mr. David Daniels, and Boardmember Christopher Claire provided information about Measure C, a measure that will be on the November ballot.
6. Presentation by Park and Recreation on the Million Coaches Challenge Grant that was received from the National Recreation and Parks Association (NRPA).
Recreation Program Supervisor Amy Tessier gave a presentation on this grant that the Parks and Recreation Department received.
7. Pioneer Days Update by Community Services Director Minatrea.
Director Minatrea provided an update to the City Council on the upcoming Pioneer Days festivities.
COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott mentioned that he attended Taste of the Des/Dine in 29 event over the weekend, he thanked the Park and Recreation Staff and Mr. Ivan Davis for putting on the event.
Councilmember Wright mentioned that he attended the Dine in 29 event, the Mayor's Prayer Breakfast, a committee meeting for Basin Transit, he welcomed Xavier to City Staff, and he attended the Warhawks football games in Big Bear over the weekend. He mentioned that his son Dray played great with three touchdowns and a pick 6.
Councilmember Mintz commented that he attended the Candidate's Forum at Freedom Plaza over the weekend, and the MDAQMD meeting.
Mayor Pro Tem Klink mentioned that he also attended the Candidate's Forum, and the Desert/Mountain Division Measure I Transit Meeting.
Mayor Bilderain congratulated and thanked Mr. Newman for all his volunteer work in the community, he welcomed Xavier "X" to the team, he attended CMC Job Fair and gave the opening remarks, the Taste of the Des, and attended meetings with constituents and the Mayor's Prayer Breakfast.
CONSENT CALENDAR
8. Waive the Reading of Ordinance and Approve the Reading by Title Only.
9. Emergency Repair of Signal Light Wiring Adobe Road and Indian Trail.
RECOMMENDATION: The City Council approve the emergency repair of wiring for the Adobe Road and Indian Trail signal light.
City Council - Regular Meeting
September 24, 2024
10. Resolution to Adopt the Amended and Updated Conflict of Interest Code for the City of Twentynine Palms, Pursuant to the Political Reform Act of 1974.
RECOMMENDATION: Adopt Resolution No. 24-21 pursuant to the Political Reform Act of 1974.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Wright, to approve the Consent Calendar as submitted.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: KLINK, MINTZ, SCOTT, WRIGHT, BILDERAIN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION - None.
PUBLIC HEARING
11. Tourism Business Improvement District (TBID).
RECOMMENDATION: The City Council hold a Public Hearing to adopt Resolution No. 24-22, confirming the levy of assessments.
Marketing Director Dusastre presented the Staff Report.
Eric Menendez, Joshua Tree Gateway Alliance, praised Ms. Dusastre for all her hard work.
ACTION: A motion was made by Councilmember Wright, seconded by Councilmember Scott, to adopt Resolution No. 24-22, confirming the levy of assessments.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: KLINK, MINTZ, SCOTT, WRIGHT, BILDERAIN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
DISCUSSION AND POTENTIAL ACTION ITEMS - None.
FUTURE COUNCIL INITIATED ITEMS
1. Revisit allocated funds for the portable showers and Navigation Center.
2. Discussion on the General Plan Update.
3. Discussion surrounding (i) costs to maintain dirt roads verses paved roads; (ii) what is a City maintained dirt road, a non-maintained dirt road, a road that has been accepted by the City, a road that is private and not accepted by the City; (iii) the City's ability and liability associated with the City periodically maintaining non-maintained roads, and (iv) ways residents can bring non-maintained and non-accepted dirt roads to paved-rural-road standards ready for acceptance into the City's accepted-and-maintained road list.
4. Improve the safety and security of Freedom Plaza by providing the Council with a recommendation to secure Freedom Plaza's outdoor bathroom hallway.
City Council - Regular Meeting
September 24, 2024
Councilmember Scott requested a discussion about shade structures around Freedom Plaza, particularly in the area where the art is displayed and some sort of sign indicating that that is Freedom Plaza. Councilmember Wright seconded the item.
PUBLIC COMMENTS
LeeAnn Clark, Twentynine Palms, thanked City Councilmembers and City Staff that attended the Prayer Breakfast that morning, she reminded everyone that the final Mayor's Prayer Breakfast for 2024 will be held Tuesday, November 19, 2024, at First Assembly of God Church at 7:00 a.m., the Ministerial Association will provide a Sunrise Service on Sunday, October 20th in conjunction with Pioneer Days, the Community Thanksgiving Service will be held on Sunday, November 24th at Freedom Plaza gym.
Veno Nathraj, Twentynine Palms, asked the Mayor to do right in our City and suggested that we give the Airbnbs $1,000 from the TOT funds collected, to get their Airbnb’s in compliance. He commented that one of the requirements to be on the TBID Board is that you must be a paying stakeholder and Mr. Ben Uyeda, who owns Reset Hotel, is not a stakeholder as his hotel is still under construction. He commented that Mr. Uyeda may not even have a business license, and he has not contributed a dollar to the TBID so a recall should be conducted.
Peter Lang, Twentynine Palms, urged the City Council to maintain the existing ban on solar farms.
Suzanne Lyons, spoke regarding the concerns on the proposed solar farms. She spoke against the farms.
CITY MANAGER UPDATE
City Manager James provided the following updates: Staff is working on the 2022/23 EPA funding which was originally allocated towards the sewer system and hoping to use these funds towards the USGS Water Quality Study that we need for the sewer system, he and Staff are also working on ways to safeguard the kids when they are at Freedom Plaza, the Luckie Park lighting project has been a little bit behind schedule but hoping that this project is completed by October 31, he commented that he was very impressed with Public Works and the IT Manager who have been working on getting our City better prepared in a disaster. They are in the process of purchasing a water tank on a trailer, with federal funding, in the event that the community needs water during a disaster.
ADJOURNMENT - Mayor Bilderain adjourned the meeting at 7:14 p.m. in memory of Vonda Stanley.
Respectfully submitted,
Cindy Villescas, CMC
City Clerk/PIO
TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting with Closed Session MINUTES City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
October 22, 2024
CLOSED SESSION AGENDA
5:15 P.M.
CALL TO ORDER - Mayor Bilderain called the Closed Session to order at 5:17 p.m.
Roll Call - The following Councilmembers were present: Klink, Mintz, Scott, Wright, Bilderain.
Adjourn to Closed Session - Mayor Bilderain adjourned to Closed Session at 5:18 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation pursuant to Government Code Section 54956.9 (d)(2).
REGULAR SESSION AGENDA
6:00 P.M.
CALL TO ORDER - Mayor Bilderain called the meeting to order at 6:01 p.m.
Pledge of Allegiance - Paul Razo led the Pledge of Allegiance.
Invocation - Suzy Dick, The Church of Jesus Christ of Latter-Day Saints, gave the Invocation.
Roll Call - The following Councilmembers were present: Klink, Mintz, Scott, Wright, Bilderain.
Closed Session Announcements - Mayor Bilderain announced that there was no reportable action.
Changes to the Agenda - A Proclamation recognizing Breast Cancer Awareness Month will be read by Mayor Bilderain.
ANNOUNCEMENTS
Mayor Bilderain announced that these proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on the City website and clicking on the "Meeting Agendas" link.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
1. Presentation to the Interact Club for their Participation in the Cash for Trash and Recycling Program.
Mayor Pro Tem Klink presented checks in the amount of $300 each from the City of Twentynine Palms and Burrtec Waste and Recycling to the Interact Club for their participation in the Cash for Trash and Recycling Program.
2. Presentation to Kurt Schauppner by Reach Out Morongo Basin upon his Retirement.
Ms. Robin Schlosser, Executive Director of Reach Out Morongo Basin presented Kurt Schauppner with a memorable clock and Ms. Joan Pitt, Boardmember, presented Mr. Schauppner with a plaque for his service to Reach Out Morongo Basin.
City Council - Regular Meeting with Closed Session
October 22, 2024
3. Presentation by Inland Empire Special Olympics.
Ms. Priscilla Mercado provided a presentation about the Inland Empire Special Olympics and a partnership opportunity with the City of Twentynine Palms
4. Presentation of Prop 68 Performance Audit Results.
RECOMMENDATION: The City Council Receive and File the Prop 68 Audit Report.
Finance Director Abigail Hernandez Conde presented the Audit Report.
This is a receive and file item.
5. Proclamation Recognizing October as Breast Cancer Awareness Month.
Mayor Bilderain read the Proclamation in its entirety. The Proclamation was given to Mayor Pro Tem Klink to give to his wife Tory, who works at the Mammography Clinic at the hospital so that she can hang it up in their clinic.
COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott mentioned that he attended Pioneer Days, the Car Show at Historic Plaza and he thanked City Staff for putting everything together. He commented that he attended a couple of meetings with constituents and City Staff.
Councilmember Wright commented that he attended the Sunrise Service on Sunday but was unable to attend any of the Pioneer Days festivities due to the Warhawks games that were held at the same time. He wished his youngest son Dray and his daughter a Happy Birthday. He announced that on Saturday, November 2nd, the Warhawks will play Yucca Valley at Felix Field on Base.
Councilmember Mintz commented that he had a City meeting, he attended the Pioneer Days Parade and the festivities at Freedom Plaza, the Pet Parade at Luckie Park, and the CalCities Annual Conference in Long Beach.
Mayor Pro Tem Klink wished everyone celebrating a birthday in October a Happy Birthday. He commented that he also attended the Annual Conference in Long Beach, and he participated in the Pioneer Days Parade.
Mayor Bilderain commented that he met with organizations and citizens, he attended the Annual Conference in Long Beach, the Frontier Fest, the Wild West Hoe Down, the Pioneer Days Parade, the Hoop Shoot Contest, the Car Show, and the Pet Parade. He thanked City Staff for all their hard work.
CONSENT CALENDAR
6. Waive the Reading of Ordinance and Approve the Reading by Title Only.
7. Approval of Minutes of the City Council Meeting Held on September 10, 2024.
8. Treasurer's Report - FY 2024-25 Quarter 1.
RECOMMENDATION: The City Council receive and approve the Treasurer's Report for the 1st Quarter of Fiscal Year 2024-25.
9. Approval of Warrant Register Totaling $2,434,923.94.
City Council - Regular Meeting with Closed Session
October 22, 2024
10. Purchase of a New Code Enforcement Vehicle.
RECOMMENDATION: Staff recommends the City Council authorize:
1. City Staff to purchase a new Chevrolet 1500 Silverado four door crew cab 4-wheel drive vehicle for the Code Enforcement division of the Community Development Department in the amount not to exceed $55,000 from Jessup Auto Plaza, in accordance with the quote provided, and
2. To increase the budget for the purchase of this vehicle from $50,000 to $55,000 in the General Capital Projects Fund.
11. Accept the High Crash Unsignalized Intersections Project.
RECOMMENDATION: The City Council:
1. Accept the High Crash Unsignalized Intersections Project as completed for a total cost of $370,144.24;
2. Direct the City Clerk to file the Notice of Completion for the contract work;
3. Direct the Finance Director to release retained funds 30 days after the filing of the Notice of Completion, provided no claims are filed against the contractor.
12. Animal Shelter Gate Replacement and New Freestanding Kennels.
RECOMMENDATION: The City Council authorize payment to Gator Kennels in the amount of $64,390.00 for the purchase of 61 new gates, 14 freestanding kennels with gates and the hardware components necessary for installation. Approve the payment of Use tax to the State of CA.
13. Accept the Safe Route to School- Infrastructure Implementation Project ATPSB1L-5448(010).
RECOMMENDATION: The City Council:
1. Accept the “Safe Routes to School- Infrastructure Implementation Project" as completed for a total cost of $1,072,989.60;
2. Direct the City Clerk to file the Notice of Completion for the contract work.
3. Direct the Finance Director to release retained funds 30 days after the filing of the Notice of Completion, provided no claims are filed against the contractor.
14. Submission of the 2025-2026 Fiscal Year CDBG Grant Application.
RECOMMENDATION: The City Council approve the submission of the CDBG Grant Application for Phase 2 of the parking lot rehabilitation project located at 74362 Joe Davis Drive. The project will complete the (non-ADA portion) of the parking area.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Wright to approve the Consent Calendar as submitted.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: MINTZ, SCOTT, WRIGHT, KLINK, BILDERAIN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION - None.
PUBLIC HEARING- None.
City Council - Regular Meeting with Closed Session
October 22, 2024
DISCUSSION AND POTENTIAL ACTION ITEMS
15. Securing Freedom Plaza Bathrooms.
RECOMMENDATION: The City Council authorize the City Manager to negotiate and execute the contract and purchase order necessary to install two metal doors at a cost not to exceed $11,000.
City Manager James presented the Staff Report and Power Point Presentation.
Eric Menendez commented that he supports the installation of metal doors.
ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Wright to negotiate and execute the contract and purchase order necessary to install two metal doors. Councilmember Mintz changed the amount to $20,000, instead of $11,000.
The above motion was carried by the following:
ROLL CALL VOTE:
AYES: MINTZ, SCOTT, WRIGHT, KLINK, BILDERAIN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
FUTURE COUNCIL INITIATED ITEMS
1. Revisit allocated funds for the portable showers and Navigation Center.
2. Discussion on the General Plan Update.
3. Discussion surrounding (i) costs to maintain dirt roads verses paved roads; (ii) what is a City maintained dirt road, a non-maintained dirt road, a road that has been accepted by the City, a road that is private and not accepted by the City; (iii) the City's ability and liability associated with the City periodically maintaining non-maintained roads, and (iv) ways residents can bring non-maintained and non-accepted dirt roads to paved-rural-road standards ready for acceptance into the City's accepted-and-maintained road list.
4. Shade structures around Freedom Plaza and a possible art fixture with "Freedom Plaza" announcing the location.
Councilmember Scott added an item. He would like a review and discussion of fees as it relates to Site Plan Reviews for Barber Shops in existing buildings. Councilmember Mintz seconded the item.
Mayor Pro Tem Klink would like to discuss an increase in the City Council Compensation before the December meeting.
Councilmember Scott seconded the item.
PUBLIC COMMENTS
Eric Menendez commented on two concerns with TBID. He had a concern about TBID meetings not being recorded as well as the PAAC. His other concern is the grants that are given out and the lack of a monitoring system on the funds going out and are the events being adequately produced to those that are given the funds.
LeeAnn Clarke, Twentynine Palms Ministerial Association, commented on the success of the City as well as the Parks and Recreation team with the Pioneer Days festivities. She also mentioned that the Sunrise Service raised $300 for Morongo Basin Arch and they will present that check to them next month, the final Mayor's Prayer Breakfast for 2024 will be on Tuesday, November 19th at 7:00 a.m. at First Assembly of God Church, and their final event for 2024 will be the Community Thanksgiving Service which will be November 24th at Freedom Plaza.
City Council - Regular Meeting with Closed Session
October 22, 2024
Marjorie Smith, on behalf of Morongo Basin COAD, VOAD, and the American Red Cross, requested the support of the City Council in building a network of community organizations to volunteer in disasters such as the one we had back in July, there is a need for volunteers. She mentioned that she brought brochures with information for the City Council to look over.
CITY MANAGER UPDATE
City Manager James provided the following updates: he thanked Marjorie Smith for everything she does for the community and mentioned that she brought some informational materials for anyone who would like this information, he praised everyone for an amazing Pioneer Days event this past weekend, he complimented the Car Show at Historic Plaza sponsored by "Friends of the Historic Plaza", he thanked the Ministerial Association for a wonderful Sunrise Service during Pioneer Days weekend and he acknowledged the Sheriff's Department for a quick apprehension of a suspect who broke into someone's home in the early hours of that morning.
Mayor Pro Tem Klink reminded everyone that Tuesday, November 5th is Election Day and encouraged everyone to go out and vote.
ADJOURNMENT - Mayor Bilderain adjourned the meeting in honor of all the breast cancer warriors and survivors at 7:11 p.m.
Respectfully Submitted,
Cindy Villescas, CMC
City Clerk/PIO
STAFF REPORT
TO: City Council
FROM: Finance Technician
FOR MEETING: Nov 12 2024
SUBJECT: Approval of Warrant Register Totaling $919,200.54 ATTACHMENTS:
• Approval of Warrant Register
Totaling $919,200.54
Check Date
Warrant Register
PPBI Gen Chkng
CITY OF TWENTYNINE PALMS
Vendor
WARRANT DATE: 11-12-24
Check / Payment
0019357 10/16/2024 [1001] LORI (8411) ABDELNOUR 1,475.00 0019358 10/16/2024 [1005] AFLAC 648.86
0019359 10/16/2024 [1007] ANDY'S LANDSCAPE AND TREE SERVICE (3803) 1,975.00 0019360 10/16/2024 [1014] ARROWHEAD CREDIT UNION 20,503.04 0019361 10/16/2024 [3842] ARTISTIC LASER PRODUCTIONS 2,000.00 0019362 10/16/2024 [3854] CHOO CHOO 4 RENT LLC 1,770.00 0019363 10/16/2024 [1059] MARK T (2524) CLEMONS 8,600.00 0019364 10/16/2024 [3859] DANA LYN LONGUEVAN 500.00
0019365 10/16/2024 [3693] DANNI'S DEN DESIGNS 640.21
0019366 10/16/2024 [1079] DATA TICKET INC 1,303.58
0019367 10/16/2024 [2694] DERRICK SEYMOUR (8840) 500.00 0019368 10/16/2024 [3846] DJ EXTREME 2,350.00
0019369 10/16/2024 [1588] DS LOCKSMITHING (2787) 125.00 0019370 10/16/2024 [1101] FIDELITY NATIONAL TITLE COMPANY 1,500.00 0019371 10/16/2024 [1106] FRONTIER 75.69
0019372 10/16/2024 [3857] GREYSON W BEFFA 400.00
0019373 10/16/2024 [3856] IAN RAIKOW 400.00
0019374 10/16/2024 [3858] JASON WARREN PHILLIPS 400.00
0019375 10/16/2024 [3855] JOSHUA MUNNIK 600.00
0019376 10/16/2024 [1150] MARK SPEER AUTOMOTIVE (2109) 76.90 0019377 10/16/2024 [1160] HORACE MILLER 2,500.00
0019378 10/16/2024 [2583] MISSION LINEN SUPPLY (8753) 865.06 0019379 10/16/2024 [3860] NICOLAS NEATH 600.00
0019380 10/16/2024 [0001] ONE TIME VENDOR - HI DESERT PARTY CONSULTANTS 73.47 0019381 10/16/2024 [0001] ONE TIME VENDOR - JAMES MARRELLI 232.30 0019382 10/16/2024 [3719] PROJECT SHEBA 200.00
0019383 10/16/2024 [2334] SCOTT EQUIPMENT 698.10
0019384 10/16/2024 [1300] TRIAD REALTORS (0101) 85.16
0019385 10/16/2024 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0019386 10/16/2024 [1277] WATERLINE TECHNOLOGIES INC 3,351.46 0019387 10/16/2024 [3861] JOHN RIPLEY 600.00
0019388 10/23/2024 [3862] ACE ALTERNATORS YUCCA VALLEY 184.82 0019389 10/23/2024 [3865] ARC 2,850.00
0019390 10/23/2024 [1052] CHARLES ABBOTT ASSOCIATES INC 58,479.99 0019391 10/23/2024 [3752] CLAIRE M GROW 300.00
0019392 10/23/2024 [2473] ENNIS-FLINT, INC. 4,117.38
0019393 10/23/2024 [3863] EQUIPMENT BLADES INC 3,608.65 0019394 10/23/2024 [1100] FEDEX 164.39
0019395 10/23/2024 [2422] GLOBAL INDUSTRIAL 3,862.83
0019396 10/23/2024 [1341] HI-DESERT AIR INC (0336) 2,950.00 0019397 10/23/2024 [1150] MARK SPEER AUTOMOTIVE (2109) 273.14 0019398 10/23/2024 [3588] METLIFE SMALL BUSINESS CENTER 4,574.18 0019399 10/23/2024 [3782] MRC SMART TECHNOLOGY SOLUTIONS 659.65 Run: 11/04/2024 at 11:27 AM Page: 1
0019400 10/23/2024 [1184] OFFICE DEPOT CREDIT PLAN 693.32 0019401 10/23/2024 [0001] ONE TIME VENDOR - ANITA CLINKSCALES 428.20 0019402 10/23/2024 [1190] PARKER COUNTY APPRAISAL DISTRICT 11.63 0019403 10/23/2024 [3796] QUALITE SPORTS LIGHTING, LLC 537,345.00 0019404 10/23/2024 [2355] RELIANCE STANDARD LIFE INSURANCE CO. 2,301.11 0019405 10/23/2024 [3864] ROAMING TRAVELERS LLC 1,003.00 0019406 10/23/2024 [2268] SAN BERNARDINO COUNTY-RADIO 111.52 0019407 10/23/2024 [1218] SBC TAX COLLECTOR 299.00
0019408 10/23/2024 [1230] SCE 1,392.51
0019409 10/23/2024 [3056] SOAP SUDS CLEANING SERVICE (9049) 2,627.00 0019410 10/23/2024 [3590] SOUTHWEST PROTECTIVE 2,528.00 0019411 10/23/2024 [1249] SPECTRUM 199.99
0019412 10/23/2024 [1249] SPECTRUM 32.93
0019413 10/23/2024 [1249] SPECTRUM 43.29
0019414 10/23/2024 [1249] SPECTRUM 129.99
0019415 10/23/2024 [1249] SPECTRUM 159.98
0019416 10/23/2024 [1249] SPECTRUM 153.40
0019417 10/23/2024 [1249] SPECTRUM 1,179.00
0019418 10/23/2024 [1249] SPECTRUM 119.98
0019419 10/23/2024 [1249] SPECTRUM 119.99
0019420 10/23/2024 [1249] SPECTRUM 119.99
0019421 10/23/2024 [1249] SPECTRUM 149.98
0019422 10/23/2024 [1178] T-MOBILE 44.61
0019423 10/23/2024 [3681] TANKO LIGHTING 11,298.32
0019424 10/23/2024 [1246] THE VAN DYKE CORP (0750) 5,900.00 0019425 10/23/2024 [1300] TRIAD REALTORS (0101) 169.14
0019426 10/23/2024 [1274] VSP 696.27
0019427 10/23/2024 [2528] WELLS FARGO VENDOR FIN SERV 121.71 0019428 10/23/2024 [1284] WONDER ELECTRIC COMPANY (0052) 538.74 0019429 10/23/2024 [3867] JESSUP AUTO PLAZA 51,150.48
0019430 10/30/2024 [3581] ADVANCED IMAGING SOLUTIONS 581.41 0019431 10/30/2024 [2680] AIS 182.27
0019432 10/30/2024 [2385] AL'S KUBOTA TRACTOR 25.00
0019433 10/30/2024 [3121] AMERICAN EXPRESS 34.75
0019434 10/30/2024 [1008] ANIMAL ACTION LEAGUE INC 1,378.00 0019435 10/30/2024 [0452] CHRISTINA BENTON 201.54
0019436 10/30/2024 [0143] RICHARD CLIFFORD BOYD 75.00
0019437 10/30/2024 [3755] BRIANNA DANDURAND 150.00
0019438 10/30/2024 [3615] CHARGEPOINT, INC 12,340.00
0019439 10/30/2024 [1053] CINTAS CORPORATION (8315) 256.35 0019440 10/30/2024 [3448] CIRA 9.17
0019441 10/30/2024 [1038] CMRSFP 900.00
0019442 10/30/2024 [2957] CRM TECH 870.00
0019443 10/30/2024 [1307] DESERT FIRE EXTINGUISHER CO INC (0133) 1,079.15 0019444 10/30/2024 [0467] BREANNE DUSASTRE 182.24
0019445 10/30/2024 [1103] FRANCOTYP-POSTALIA INC 209.95 0019446 10/30/2024 [1106] FRONTIER 137.52
0019447 10/30/2024 [1106] FRONTIER 80.82
0019448 10/30/2024 [2422] GLOBAL INDUSTRIAL 1,014.56
0019449 10/30/2024 [1728] HILLS TOWING 780.00
0019450 10/30/2024 [3792] JACK E. BRIGGS JR 17,161.51
Run: 11/04/2024 at 11:27 AM Page: 2
0019451 10/30/2024 [2183] JOE A GONSALVES & SON 3,000.00 0019452 10/30/2024 [1149] LLOYD PEST CONTROL CO INC (8202) 515.00 0019453 10/30/2024 [1150] MARK SPEER AUTOMOTIVE (2109) 440.60 0019454 10/30/2024 [1164] MORONGO BASIN BROADCASTING CORP 400.00 0019455 10/30/2024 [1182] NV5 INC (8793) 446.25
0019456 10/30/2024 [0001] ONE TIME VENDOR - WIND N SEA TOWING YUCCA 73.47 0019457 10/30/2024 [0001] ONE TIME VENDOR - I-PERMIT 177.41 0019458 10/30/2024 [1243] THE GAS COMPANY 536.20
0019459 10/30/2024 [1356] THEATRE 29 (0507) 3,854.00
0019460 10/30/2024 [3319] TOTAL COMPENSATION SYSTEMS 765.00 0019461 10/30/2024 [3597] TWENTYNINE PALMS DOWNTOWN BUSINESS 877.18 0019462 10/30/2024 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0019463 10/30/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 812.63 0019464 10/30/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 151.00 0019465 10/30/2024 [1272] VCA YUCCA VALLEY 137.00
0019466 10/30/2024 [1273] VERIZON WIRELESS 817.30
0019467 10/30/2024 [1278] WESTERN HOME BUILDERS, INC 7,228.70 0019468 10/30/2024 [1287] XEROX FINANCIAL SVC 188.71
0019469 10/30/2024 [1679] YUCCA VALLEY MIRROR & GLASS DBA UNITED GLASS 548.38 0019470 10/30/2024 [1744] YUNEX LLC 1,355.00
EFT 10/18/2024 97,142.21
Approved by: Date:
Total Checks: 919,200.54
Run: 11/04/2024 at 11:27 AM Page: 3
STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Nov 12 2024
SUBJECT: Modify the Theatre 29 License Agreement to Allow the City to Assume Responsibility for Routine Maintenance and Minor Repairs of the Heating, Ventilation, and Air Conditioning Systems.
RECOMMENDATION:
The City Council authorize the City Manager to work with the City Attorney to amend the Theatre facility licensing agreement transferring responsibility for the routine maintenance and minor repairs to the A/C system from the Theatre to the City and authorize the City Manager to execute the amended Theatre facility license agreement.
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 (roll call or voice vote)
ATTACHMENTS:
• 2006-09-26 - Theatre Facility
License Agreement
BACKGROUND:
The September 26, 2006, theatre facility licensing agreement (Agreement) between the City of Twentynine Palms (City) and the Theatre 29, a nonprofit public benefit corporation, identifies Theatre 29 as responsible for routine maintenance and minor repairs of the heating, ventilating, and air conditioning systems (A/C Systems) servicing Theater 29 (Section 7.1(c)). The Agreement also states the City is responsible for, at the City’s cost and expense, maintaining the A/C Systems servicing the premises.
Inadequate routine maintenance of the A/C Systems could lead to (i) costly repairs, and (ii) a shortening of the overall useful life of the A/C System.
ENVIRONMENTAL:
N/A
ALTERNATIVES:
The City Council could modify the recommendation as appropriate.
FISCAL IMPACT:
Anticipated Cost: $500.00 per year.
THEATER FACILITY
LICENSE AGREEMENT
THIS THEATER FACILITY LICENSE AGREEMENT ( " Agreement ") is made and entered into as of this 26th day of Sept. , 2006, (the " Effective Date ") by and between THE CITY OF TWENTYNINE PALMS, a California municipal corporation ( "City "), and THEATRE 29, a California nonprofit public benefit corporation ( "Licensee ").
RECITALS
A. City is the owner of certain real property located at 73637 Sullivan Road, Twentynine Palms, California ( APN 616- 281 -01), and commonly known as the John Calveri Theater ( " Premises "). The Premises are located within Pioneer Park, and are depicted on the site plan attached hereto as Exhibit " A" ( "Site Plan"). The Premises consist of a building containing approximately 3, 600 square feet, all fixtures attached to said building, and an adjacent parking lot.
B. Licensee is willing to operate and manage a community theater facility within the Premises and City is willing to license the Premises to Licensee for such use.
NOW, THEREFORE, in consideration of the covenants and agreements of the parties contained herein, and incorporating by reference the recitals set forth above, City and Licensee do hereby agree as follows:
1. License and Consideration. For the consideration of One Dollar ($ 1. 00) ( the License Consideration "), City hereby grants Licensee a license to operate and manage a community theater in the Premises in accordance with the covenants and conditions set forth herein.
2. Term.
2. 1
Initial Term. The initial term shall be for one ( 1) year, commencing on the Effective Date ( the " Initial Term ")
2. 2 Automatic Renewals. Unless either party hereto provides written notification to the other party of its intention not to renew within sixty ( 60) days prior to the expiration of the Initial Term, this Agreement shall be automatically extended for a one ( 1) year extension term ( the " Extension Term ") at the expiration of the Initial Term. Unless either party hereto provides written notification to the other party of its intention not to renew within sixty 60) days prior to the expiration of the then- current Extension Term, this Agreement shall be automatically extended for a subsequent one ( 1) year Extension Term at the expiration of each Extension Term. Notwithstanding the foregoing, City shall have the right to revise the conditions and terms hereof within ninety ( 90) days prior to the expiration of the Initial Term or the then- current Extension Term, by providing written notice to Licensee of such new or revised conditions and terms. Licensee' s failure to object to any new or revised conditions set forth by 882/ 014122 -0001
City shall be deemed Licensee' s agreement to the Extension Term with the new or revised conditions.
2. 3 Periodic Review and Right of Termination. Notwithstanding Sections 2. 1 and 2. 2 above, City shall have the right to conduct a periodic review of the operation and management of the theater facility not more than once during any six ( 6) month period upon not less than two ( 2) business days notice. Such review may include, without limitation, the inspection of the Premises, as permitted under Section 11 below; an inspection of the books and records of Licensee, as permitted under Section 5. 1 below; and review of the general operations and management of Licensee. City shall have the right, upon ninety ( 90) days written notice to Licensee, to elect to terminate this License in the event City, in its sole discretion determines that the level of operations of the theater facility are below the City' s expectations and/ or standards; that the operation ofthe theater facility poses a significant liability exposure to the City, Licensee or Licensee' s officers and/ or directors, or that the goals of the City of conducting a first -class theater facility are not being served by the operation of the theater facility by Licensee.
3. As -Is Condition; Inspections. Licensee and City acknowledge that Licensee is already in occupancy and possession of the Premises pursuant to a verbal agreement between the parties hereto, and that prior to Licensee commencing such occupancy and possession. Licensee had the opportunity to inspect the Premises and to conduct such reviews and investigations as it deemed necessary to satisfy itself regarding all aspects of the Premises, including without limitation the presence of hazardous materials and the physical condition of the Premises.
Licensee hereby waives any and all objections to all characteristics and conditions of the Premises, and the Premises shall be licensed to Licensee and Licensee shall be deemed to have accepted use of the Premises in an AS -IS condition without any representations or warranties of any nature or kind whatsoever from City.
4. Use; Limitations on Use.
4. 1 Use. Licensee shall use the Premises for the operation of a community theater facility and for no other use without City' s prior written consent.
4. 2 Limitations on Use. Licensee' s use of the Premises shall be in accordance with the following:
a) Licensee shall not intentionally do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises required to be maintained hereunder;
b) Licensee shall comply with all local, state and federal laws and regulations concerning Licensee' s use of the Premises and shall obtain all licenses required by any governmental entity withjurisdiction over the Premises or any of the uses authorized hereunder; and
c) Licensee shall not use the Premises in any manner that will constitute waste, nuisance, or unreasonable annoyance to owners or occupants of adjacent properties. Licensee shall not do anything on the Premises that will cause damage to the Premises beyond ordinary wear and tear. 882/ 014122 -0001
d) Licensee shall be permitted to provide to guests of the Premises, at up to ten ( 10) event or play " openings" each year, complimentary alcoholic beverages of the type and in the quantity customarily associated with such openings.
4.3 City' s Reserved Use Rights. City reserves to itself and shall have, at no charge to City, the right to use or sublicense to another person or entity the Premises provided City' s or City' s proposed sublicensee' s intended use will not interfere with a scheduled use by Licensee. City shall provide Licensee with a minimum of fifteen ( 15) days prior written notice when it desires to use or sublicense the Premises. Within five ( 5) days after receipt of such written notice by City, Licensee shall notify City if Licensee already has a use scheduled for the Premises for the proposed time. Licensee' s failure to notify City within such five ( 5) day timeframe shall be deemed to constitute Licensee' s acknowledgement to City that the Premises are available for the proposed time.
5. Licensee' s Conduct of Business.
5. 1 Books and Records. Licensee shall maintain at the Premises full, complete and proper books and accounts of all financial transactions of Licensee relating to the operations on the Premises, which books and records shall be at all reasonable times open to inspection by City or its auditors or authorized representatives or agents.
5. 2 Fair Employment Practices. Licensee shall insure that the evaluation and treatment of employees and applicants for employment are free of discrimination. Licensee shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900, et seq.), as the same shall be amended from time to time. The actions to which the preceding undertaking apply shall include, but shall not be limited to, the following: hiring, upgrading, transfer, demotion, testing or placement, recruiting or recruitments, advertising, layoff or termination, rates of pay, or other forms of compensation, overtime, as well as selection for training, including apprenticeship. Licensee shall post in conspicuous places for the benefit of all persons employed or seeking employment at the facility, notices setting forth the provisions set forth above.
6. Release, Insurance and Indemnity.
6. 1 Indemnification by Licensee. Licensee shall indemnify the City and its council members, officers, employees, agents and representatives ( hereinafter, collectively, the City Releasees ") against, and hold and save them and each of them harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with the use, occupancy and /or enjoyment of the Premises by Licensee or any guests or invitee of Licensee, or by reason of Licensee' s failure to perform any of its obligations under this License, or by reason of any act or omission on the part of Licensee or invitee of Licensee, or by reason of any repairs or alterations which Licensee may make upon the Premises ( hereinafter, the " Claims "), whether or not there is concurrent negligence on the part of any City Releasee; but Licensee shall not be required to indemnify, 82/ 014122- 0001
defend or hold harmless any City Releasee from any Claim which arises from the sole negligence or willful misconduct of a City Releasee. In connection therewith:
6. 1. 1 Licensee shall defend any action or actions filed in connection with any of such Claims, and shall pay all costs and expenses, including attorneys' fees, incurred in connection therewith.
6. 1. 2 Licensee shall promptly pay any judgment rendered against Licensee or any City Releasee covering any such Claim, and Licensee shall save and hold each and all ofthe City Releasees harmless therefrom.
6. 1. 3
In the event any City Releasee is made a parry to any action or proceeding filed or prosecuted against Licensee from any Claim, Licensee shall pay to the City any and all costs and expenses incurred by any City Releasee in such action or proceeding, together with reasonable attorney' s fees.
6. 2 Insurance Coverage Required. Without limiting Licensee' s indemnification obligations, Licensee shall procure and maintain, at its sole cost and for the duration of this Agreement, insurance coverage as provided below, against all claims for injuries against persons or damages to property which may arise from or in connection with the performance of the work hereunder by Licensee, its agents, representatives, and/or employees.
The policies and amounts of insurance required hereunder shall be as follows:
a) General Liability ( including premises and operations, contractual liability, personal injury, property damage): Two Million Dollars ($ 2, 000, 000. 00) per occurrence.
b) Workers Compensation and Employer' s Liability: Workers Compensation Insurance in an amount required by the laws of the State of California and Employer' s Liability Insurance in the amount of One Million Dollars ($ 1, 000, 000. 00) per occurrence for injuries incurred in providing services under this Agreement.
c) Officers and Directors Insurance: Coverage with a limit of not less than One Million Dollars ($ 1, 000,000.00).
6. 2. 1 General Requirements. All of Licensee' s insurance:
a) Shall name the City, and its officers, officials, employees, agents, representatives and volunteers ( collectively hereinafter " City and City Personnel ") as additional insureds and contain no special limitations on the scope of protection afforded to City and City Personnel; b) Shall be primary insurance and any insurance or self - insurance maintained by any of City and City Personnel shall be in excess of Licensee' s insurance and shall not contribute with it; c) Shall be " occurrence" rather than " claims made" insurance; 882/ 014122 -0001
4-
d) Shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits ofthe insurer' s liability;
e) Shall be endorsed to state that the insurer shall waive all rights of subrogation against City and City Personnel;
f) Shall be written by good and solvent insurer( s) admitted to do business in the State of California and approved in writing by City; and g) Shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non - renewed, or materially changed for any reason, without thirty ( 30) days prior written notice thereof given by the insurer to City by U.S. mail, certified, or by personal delivery.
6. 2. 2 Deductibles. Any deductibles or self-insured retentions over 10,000.00 must be declared to and approved by City not less than five ( 5) days after the Effective Date.
6. 2. 3 Evidence of Coverage. Licensee shall furnish City with certificates of insurance demonstrating the coverage required by this Agreement which shall be received and approved by City not less than five ( 5) working days after the Effective Date.
7. Maintenance.
7. 1 City' s Maintenance. Except as specifically provided herein, City, at its cost and expense, shall maintain, in good condition ( including the replacement thereof, as necessary), the following:
a) the structural parts of the building and other improvements that are a part of the Premises ( excluding glass and doors) including the parking lot and landscaping;
b) the unexposed electrical, telephone, plumbing ( including toilets, sinks, the water heater and water faucets) and sewage systems, including, without limitation, those portions of the systems lying outside of the Premises, except for routine maintenance and minor repairs, which shall be the responsibility of Licensee;
c) the heating, ventilating, and air conditioning systems servicing the Premises, except for routine maintenance and minor repairs, which shall be the responsibility of Licensee;
City shall not be obligated to repair, and Licensee shall maintain and repair, all damage caused or resulting from acts or omissions of Licensee
882/014122 - 0001
7.2 Licensee' s Maintenance and Repairs. Licensee, at its sole cost and expense, shall keep and maintain the Premises and all improvements thereon, including but not limited to all structures, fixtures, utilities, equipment, and personal property in good order and first class condition, quality, and repair and in accordance with all applicable laws, rules, ordinances, orders, and regulations of all federal, state, county, municipal, and other governmental agencies having jurisdiction. As used herein, the term " repair" shall include replacements, repair of damage, and restorations, when necessary, and all such repairs made by Licensee shall be at least equal in quality and class to the original work.
Licensee' s maintenance responsibilities hereunder shall include, but not be limited to, maintenance of the Licensee maintained personal property, maintenance of all doors and windows attached to the improvements located on the Premises, and routine maintenance and repairs of the equipment and systems described in Section 8. 1 above. Licensee shall also be required to maintain the Premises in an attractive, litter -free condition, with all personal property stored inside the building or other structure( s) located on the Premises.
Licensee shall be liable for any damage to the Premises resulting from the acts or omissions of Licensee or its authorized representatives. In the event Licensee identifies a defect or item or area which requires repair for which the City is responsible, Licensee shall notify City of the necessity of such repair and the existence of the defect within twenty -four ( 24) hours. In the event the nature of any defect or condition ( including defects or conditions for which Licensee is responsible) could present a hazard to person or property, Licensee shall discontinue use of the item or area immediately and shall take measures and precautions necessary to assure that such item or area will not be utilized by the occupants of the premises.
7. 3 Alterations. Licensee shall not make any alterations to the Premises without City' s prior written consent; City' s written response to any request for alterations shall be provided in a
timely manner. Any alterations made shall remain on and be surrendered with the Premises on expiration or earlier termination of this Agreement, except that City may elect at the time of granting its consent to the alterations to require Licensee to remove any alterations that Licensee has made to the Premises at the expiration or earlier termination ofthis Agreement.
If City so elects, Licensee at its cost shall restore the Premises to the condition designated by City in its election, for the last day of the term, or within thirty ( 30) days after notice of election is given, whichever is later. If Licensee makes any alterations to the Premises as provided in this paragraph, the alterations shall not be commenced until five ( S) days after City has received notice from Licensee stating the date the installation of the alterations is to commence so that City can post and record an appropriate notice of non - responsibility. Such alterations shall be approved by all appropriate governmental agencies, and all applicable permits and authorizations shall be obtained before commencement of the alterations. Licensee shall be responsible for all costs associated with the alterations, which must meet all City specifications and quality standards. Licensee may request that City make and accept responsibility for the alterations, and submit invoices to Licensee for reimbursement of costs, or, Licensee may secure non -City services.
7. 4 Mechanics' Liens. Licensee shall pay all costs for construction done by it or caused to be done by it on the Premises as permitted by this Agreement. Licensee shall keep the Premises free and clear of all mechanics liens resulting from construction done by or for 882/014122 -0001
Licensee. Licensee shall have the right to contest the correctness or the validity of any such lien if, immediately on demand by City, Licensee procures and records a lien release bond issued by a corporation authorized to issue surety bonds in California in an amount equal to one and onehalf ( 1- 1/ 2) times the amount of the claim of lien. The bond shall meet the requirements of California Civil Code Section 3143 and shall provide for the payment of any sum that the claimant may recover on the claim ( together with costs of suit, ifit recovers in the action).
7. 5 Utilities. Licensee shall make all arrangements for all utilities and services furnished to or used by it, including, without limitation, gas, electricity, water and telephone service. Licensee shall pay for all gas, electricity, refuse collection, water service, telephone, cable, and/or internet access service to the Premises, and shall participate in the City recycling program and energy and water conservation programs, if any. Payments due City shall be made within 30 days of receipt of invoices.
7. 6 Possessory Interest and Personal Property Taxes. Licensee shall pay prior to delinquency the possessory interest taxes, if any, that are levied on the Premises during the initial and any renewal terms of this Agreement. Licensee shall pay prior to delinquency all personal property taxes for any and all equipment, furnishings and all other personal property utilized by Licensee in the operation ofthe Premises.
7. 7 Eminent Domain. In the event that the Premises or any portion thereof is taken under the power of eminent domain, or is sold under the threat of the exercise of such power ( hereinafter referred to as " Condemnation"), this Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs.
In the event that so much of the Premises is taken by Condemnation that the continued operation of a community theater facility becomes impractical, then the entirety of this Agreement shall terminate as of the date that the condemning authority takes title or possession, whichever occurs first. Any award for the taking of all or any portion of the Premises by Condemnation and/ or any payment made under threat of the exercise of Condemnation shall be the sole property of City.
City shall have no obligation to repair or replace any damage to any portion of the Premises caused by any such Condemnation.
8. Assignment and Subletting. The parties hereto acknowledge that City has entered into this License Agreement with Licensee in order to promote community theater within the City of Twentynine Palms and as a result has granted this License at a reduced rate of compensation from Licensee. This Agreement is personal in nature to City and Licensee.
Licensee shall not voluntarily assign or encumber its interest in this License or in the Premises, or allow any other person or entity ( except Licensee' s authorized representatives) to occupy or use all or any part of the Premises without first obtaining City' s prior written consent, which may be withheld in City' s sole and absolute discretion. Any assignment or encumbrance without City' s consent, shall be voidable and, at City' s election, shall constitute a default hereunder. No consent to any assignment or encumbrance shall constitute a further waiver ofthe provisions of this paragraph. No interest of Licensee hereunder shall be assignable by operation of law. Each of the following acts shall be considered an involuntary assignment: ( 1) If Licensee is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Licensee is the bankrupt; ( 2) If a writ of attachment or execution is levied on this Agreement; and/ or (3) If, in any proceeding or action to 882/014122 -0001
71 C' f 1( 1 Al . M / 1111/ L - /-
which Licensee is a party, a receiver is appointed with authority to take possession of the Premises. An involuntary assignment shall constitute a default by Licensee and City shall have the right to elect to terminate this Agreement, in which case this Agreement shall not be treated as an asset of Licensee.
9. Default.
9. 1 Licensee' s Default. The occurrence of any of the following shall constitute a default by Licensee:
a) Abandonment and vacation of the Premises ( failure to occupy and operate the Premises for fifteen ( 15) consecutive days shall be deemed an abandonment and vacation);
b) Failure to perform any other provision of this Agreement or a default of any of the provisions of this Agreement if the failure to perform or default is not cured within thirty ( 30) days after notice has been given to Licensee.
If the failure or default cannot reasonably be cured within thirty ( 30) days, Licensee shall not be in default of this Agreement if Licensee commences to cure the failure or default within the thirty (30) day period and diligently and in good faith continues to cure the failure or default; and
Notices given under this paragraph shall specify the alleged default and shall demand that Licensee perform the provisions of this Agreement, within the applicable period of time, or quit the Premises. No such notice shall be deemed a forfeiture or termination of this Agreement unless City so elects in the notice.
9. 2 City' s Remedies. City shall have the following remedies if Licensee commits a default. These remedies are not exclusive; they are cumulative in addition to any remedies now or later allowed by law. In the event of a default by Licensee hereunder, City shall have the right to terminate Licensee' s right to possession of the Premises at any time. In addition, if Licensee is in default of this Agreement, City shall have the right to cure the default at Licensee' s cost. If City at any time, by reason of Licensee' s default, pays any sum or does any act that requires the payment of any sum, the sum paid by City shall be due immediately from Licensee to City at the time the sum is paid, and if paid at a later date, shall bear interest at the maximum rate permitted by law from the date the sum is paid by City until City is reimbursed by Licensee. Although this document is set forth as a License Agreement and as a lease, City shall be afforded all rights and remedies permitted under California unlawful detainer statutes as set forth in the California Civil Code and California Code of Civil Procedure.
10. Litigation Matters. The Superior Court of the State of California in the County of San Bernardino shall have the exclusive jurisdiction of any litigation between the parties arising out of this Agreement. This Agreement shall be governed by, and construed under, the internal laws ofthe State of California without regard to conflict of law principals. Service of process on City shall be made in the manner required by law for service on a public entity. Service of process on Licensee shall be made in any manner permitted by law and shall be effective whether served within or outside of California.
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11. City' s Entry on the Premises. City and its authorized representatives shall have the right to enter the Premises at all reasonable times ( i) to determine whether the Premises are in good condition and whether Licensee is complying with the obligations under this Agreement; ii) to do any necessary maintenance and make any restoration to the Premises; ( iii) to serve, post, or keep posted any notices required or allowed under the provisions of this Agreement; and iv) to shore the foundations, footings, and walls ofthe building and other improvements that are a part of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. City shall not be liable in any manner for any inconvenience, disturbance, nuisance, or other damage arising out of City' s entry on the Premises as provided in this paragraph except damage resulting from the acts or omissions of City or its authorized representatives. City shall conduct its activities on the Premises as allowed under this paragraph in a manner that will cause the least possible inconvenience, annoyance or disturbance to Licensee. City shall exercise its rights under this Section upon not less than fortyeight ( 48) hours prior notice to Licensee, except in the event of an emergency, in which event no notice shall be required.
12. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give the other party or any other person shall be in writing and either served personally, sent by pre -paid first -class mail, return receipt requested, or delivered by a reputable overnight delivery service that provides a receipt with the time and date of delivery. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated upon receipt if delivered personally or by overnight delivery service, and within forty -eight (48) hours from the time of mailing if mailed as provided in this paragraph.
To City: City of Twentynine Palms
6136 Adobe Road
P.O. Box 995
Twentynine Palms, CA 92277
Attn: Community Services Director
To Licensee: Theatre 29
73637 Sullivan Road
Twentynine Palms, CA 92277 -3351
Attn:
13. Miscellaneous.
13. 1 Relationship of Parties. Licensee and its agents and employees shall act, in the performance of this Agreement, in an independent capacity and not as officers, employees or agents of the City. No partnership, joint venture, association or similar relationship shall be created between City and Licensee under this Agreement. 882/014122 - 0001
13. 2 Integration. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof, and except as provided herein may not be amended, changed, modified or altered without the prior written consent of the parties hereto.
13. 3 Waiver. The waiver by any party of a breach by the other party of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant or condition hereof.
13. 4 Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or to limit the scope of any provisions of this Agreement.
13. 5 Successors and Assigns. The provisions hereof shall extend to and be binding upon and inure to the benefit of the successors, and to the extent permitted herein, to the assigns of the respective parties hereto.
13. 6 Singular and Plural. When required by the context ofthis Agreement, the singular shall include the plural.
13. 7 Authority. Each signatory hereto warrants to the other parry that it has authority to sign on behalf of the party for whom it purports to sign.
13. 8 Attorney' s Fees. In the event any party hereto brings suit to enforce the terms of this Agreement or on account of breach hereof, the party not prevailing in such suit shall pay all reasonable costs and expenses incurred by the other party in such suit, including, without limitation, court costs, attorney' s fees, and expert witness fees.
13. 9 Amendments. This Agreement may not be modified except by written instrument signed by each of the parties hereto.
13. 10 Counterparts. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same agreement.
13. 11 Non - Liability of City Officer' s and Employees. No officer, official, member, employee, agent, or representative ofthe City shall be personally liable to the Licensee, or any successor or assign of same, or for breach of any obligation of the terms of this Agreement.
13. 12 Covenant Against Discrimination. The Licensee Covenants for itself, its heirs, executors, assigns, and all persons claiming under or through it, that there shall be no discrimination against any person on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the performance ofthis Agreement.
13. 13 Time of Essence. Time is of the essence in the performance of this Agreement.
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13. 14 Post Acquisition Tenant. The Licensee shall occupy the Premises subject to classification as a " post acquisition tenant" and, therefore, waives all rights to claim relocation benefits. Licensee acknowledges that it shall have no right to relocation assistance or benefits upon termination of this Agreement or otherwise.
8821014122 - 0001
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.
CITY OF TWENTYNINE PALMS,
a California municipal corporation
City"
By:
Its:
ATTEST:
Cty Clerk
APPROVED AS TO FORM:
RUTAN & LP
A. Patrick Munoz, OfyAttorney
THEATRE 29,
a California nonprofit public benefit corporation
Licensee"
IM
Its:
882/ 014122 - 0001
STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Nov 12 2024
SUBJECT: Award the Cholla Avenue Widening Project.
RECOMMENDATION:
The City Council:
1. Adopt the project design represented by the Plans and Specifications for the Cholla Avenue Widening Project.
2. Award the contract for the “Cholla Avenue Project” to Universal Construction Inc, for the amount of $488,370 and authorize a 10% contingency of $48,837 for a total contract amount of $537,207.
3. 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:
• Contract- Cholla Street
Widening Project
• Bid Proposal from Universal
• Street Plans set 20240827
BACKGROUND:
On October 24, 2024, the following bids were received for the Cholla Avenue Widening Project.
Company Bid Amount
Universal Construction & Engineering $488,370
Van Engineering Inc. $511,719
TSR Construction and Inspection $549,200
Hardy and Harper, Inc $660,000
The City collects a street improvement in-lieu fee for constructing curbs, gutters, sidewalks, and match-up pavement. These fees are used to construct these improvements at locations that meet the City policy for this fund. The policy includes choosing streets that would serve the most pedestrians and close gaps with existing sidewalks. Cholla Avenue from Cactus Ave to State Route 62 was selected to utilize these funds because of the proximity to the Phoenix Project, with anticipated high volumes of pedestrian traffic. The project also closes gaps Page 215 of 347 with existing sidewalks in this segment and connects to the sidewalks along State Route 62, in the downtown area.
ENVIRONMENTAL:
The project is exempt from CEQA pursuant to Section 15301.
ALTERNATIVES:
The City Council could choose not to construct the project.
FISCAL IMPACT:
It is anticipated to construct the project within the bid amount and 10% contingency for a total of $537,207 with local street improvement in lieu fees.
SECTION 400 – CONTRACT FOR CONSTRUCTION
CONTRACT AGREEMENT
FOR
CHOLLA ROAD WIDENING PROJECT
IN THE CITY OF TWENTYNINE PALMS
This Contract Agreement is made and entered into for the above-stated project this 12th day of November 2024, BY AND BETWEEN the City of Twentynine Palms, as AGENCY, and Universal Construction and Engineering, Inc, as CONTRACTOR.
WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:
ARTICLE I
The Contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Special Provisions, Contract Plans, and all referenced specifications, details, standard drawings, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.
ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Said compensation shall not exceed One Million One Hundred Sixty Eight Thousand Six Hundred Twelve dollars ($1,168,612), provided that the City Manager or his designee may approve additional payment not-to-exceed the City Council authorized amount for change orders and for contingencies.
ARTICLE IV
AGENCY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the
materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.
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 Contract. The CONTRACTOR shall at all times observe and comply with all such laws and regulations.
The AGENCY, and its officers, employees, and agents shall not be liable at-law or in-equity occasioned by failure of the CONTRACTOR to comply with this Section.
The CONTRACTOR assures AGENCY that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. §§ 12101 et seq.)
ARTICLE V
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions.
CONTRACTOR further acknowledges this Project is Federally-funded, requiring the CONTRACTOR and any Subcontractor to pay at least the Federal minimum prevailing wage rate of per diem wages for each craft classification or type of worker needed to execute the Contract work. If, however, the State of California minimum prevailing wage rates are higher than the Federal minimum prevailing wage rates for any particular classification, the CONTRACTOR and any Subcontractor shall pay that prevailing wage rate. In simple terms, the CONTRACTOR and any Subcontractor must pay the higher of the two prevailing wage rates (Federal or State) for each classification of worker.
CONTRACTORS and any Subcontractor are required to meet the provisions of the California Senate Bill 584 for the payment of Department of Industrial Relations (DIR) established prevailing wages. This applies to all public projects as defined in California Code 22002 for contracts exceeding $1,000.00.
CONTRACTORS shall register with the DIR in accordance with California Labor Code Section 1771.1(a) and 1725.5, and will be subject to compliance monitoring and enforcement by the DIR, subject to Section 1771.4. CONTRACTORS must submit certified payrolls electronically to DIR. By signing this Contract, CONTRACTOR is indicating that he/she/it have registered with DIR and have submitted the required PWC100 Information Form online at www.dir.ca.gov.
ARTICLE VI
CONTRACTOR hereby agrees to comply with the State Labor Code and acknowledges that, in accordance with Labor Code Section 3700, he/she/it will be required to secure the payment of compensation to his/her/its employees.
ARTICLE VII
CONTRACTOR acknowledges that, in accordance with Labor Code Section 1777.5, he/she/it will be held responsible for compliance with the provisions of this Section for all apprenticeable occupations.
ARTICLE VIII
CONTRACTOR hereby waives for himself/herself/itself and for CONTRACTOR’s Subcontractors any right
CONTRACTOR may now or in the future possess in relation to this Contract and these Contract Documents and the work thereunder, to utilize the provisions of Civil Code Section 47(b) in any action, proceeding, or prosecution pursuant to California False Claims Act, Government Code Section 12650 et seq.
ARTICLE IX
CONTRACTOR acknowledges and agrees that CONTRACTOR must have all appropriate CONTRACTOR’s licenses. CONTRACTOR further warrants and represents that he/she/they has/have the appropriate CONTRACTOR’s license to pursue the work hereunder. CONTRACTOR’s failure to have or maintain all appropriate licenses during the entire term of this Contract, or any period thereof, shall be cause for the immediate and summary termination of this Contract by AGENCY. CONTRACTOR shall be liable for all AGENCY’S costs to complete the work and this Contract.
ARTICLE X
Hazardous Waste or Other Unusual Conditions. If the Contract involves digging trenches or other excavations that extend deeper than four feet (4’) below the surface, CONTRACTOR shall promptly, and before the following conditions are distributed, notify AGENCY, in writing, of any:
A. Hazardous Waste. Material that CONTRACTOR believes may be material that is hazardous waste, as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided in the Contract.
AGENCY shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in CONTRACTOR’s costs of, or the time required for, performance of any part of the work may issue a change order under the procedures described in this Contract.
In the event that a dispute arises between AGENCY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. CONTRACTOR shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
ARTICLE XI
Any notices which either party may desire to give to the other party under this Contract 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 latter designate by notice:
To CITY: CITY OF TWENTYNINE PALMS
Attention: City Clerk
6136 Adobe Road
Twentynine Palms. CA 92277
To CONTRACTOR: UNIVERSAL CONSTRUCTION AND
ENGINEERING
77725 Enfield Lane. Ste 210
Palm Desert, CA 92211
ARTICLE XII
The AGENCY 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 Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with jurisdiction over the AGENCY.
ARTICLE XIII
Nothing contained in this Contract shall create any contractual relationship between any Subcontractor and the AGENCY. CONTRACTOR covenants and agrees that he/she has made himself/herself aware of Public Contract Code Sections 4100 et seq. pertaining to the identification and use of Subcontractors in the bid submitted and CONTRACTOR is fully aware and knowledgeable of the liability to the CONTRACTOR for violations of said Sections of the Public Contract Code.
ARTICLE XIV
CONTRACTOR is and shall at all times remain as to the AGENCY a wholly independent CONTRACTOR.
The personnel performing the services under this Contract on behalf of CONTRACTOR shall at all times be under CONTRACTOR’s exclusive direction and control. Neither AGENCY 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 Contract. 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 AGENCY. CONTRACTOR shall not incur or have the power to incur any debt, obligation, or liability whatever against AGENCY, or bind AGENCY in any manner.
No employee benefits shall be available to CONTRACTOR in connection with the performance of this Contract. Except for the fees and other payments paid to CONTRACTOR as provided in the Contact, AGENCY shall not pay salaries, wages, or other compensation or indemnification to CONTRACTOR for injury or sickness arising out of performing services hereunder.
ARTICLE XV
CONTRACTOR agrees to protect, indemnify, defend and hold harmless AGENCY and all of its officers, agents and employees from any claims, demand or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder.
ARTICLE XVI
INDEMNIFICATION
(a) Indemnification
To the fullest extent permitted by law, CONTRACTOR shall protect, indemnify, defend and hold harmless AGENCY 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.
(b) 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 AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend AGENCY as set forth herein is binding on successors, assigns or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section.
(c) Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of AGENCY under any provision of this Agreement, CONTRACTOR shall not be required to indemnify, defend or hold harmless AGENCY from such liability, claims. losses, damages or expenses arising from AGENCY’s sole negligence or willful acts.
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 AGENCY in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to AGENCY.
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 AGENCY'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 non-owned 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) CONTRACTOR certified that the company does not have employees and does have Workers’ Compensation/ employer’s Liability Insurance. As soon as the CONTRACTOR has employees, he/she will have the insurance below:
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 AGENCY, 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 AGENCY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of AGENCY following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than per occurrence.
(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, subcontractors, 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 AGENCY. If CONTRACTOR’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the AGENCY. At that time the AGENCY 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 selfinsured 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 AGENCY, its officers, officials, employees, agents, and volunteers are to be covered as insureds or 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 AGENCY, 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 with an edition prior to 1992, or other form as expressly approved by AGENCY, 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. In no event shall the CONTRACTOR use an additional insured endorsement with an edition date of 1992 or later, absent express written authorization by AGENCY. 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 AGENCY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the AGENCY, 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 AGENCY, 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 AGENCY or between AGENCY and any other insured. CONTRACTOR expressly waives any claim against AGENCY 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 AGENCY 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 AGENCY or its operations limits the application of such insurance coverage. (7) The AGENCY 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 AGENCY will negotiate additional compensation proportional to the increased benefit to AGENCY. (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 AGENCY to inform CONTRACTOR of non-compliance with any insurance requirement in no way imposes any additional obligations on AGENCY 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 AGENCY 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 AGENCY, 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 AGENCY’s protection without AGENCY’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 AGENCY, 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 AGENCY or CONTRACTOR for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to AGENCY. It is not the intent of AGENCY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against AGENCY 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 AGENCY.
(f) Verification of Coverage and Notice of Cancellation. (1) CONTRACTOR shall immediately furnish to AGENCY certificates of insurance or endorsements, satisfactory to AGENCY, 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 AGENCY 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 AGENCY 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 AGENCY or copies of insurance certificates or endorsements are not provided, AGENCY shall have no obligations to compensate CONTRACTOR for such work unless CONTRACTOR possesses a notice to proceed from AGENCY 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 AGENCY 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, AGENCY 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 AGENCY. Any premium for such coverage shall be charged to and promptly paid by CONTRACTOR or, at AGENCY'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 AGENCY 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 AGENCY, 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 AGENCY 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 AGENCY within five days of the expiration of the coverages.
(g) Notice of Claim or Loss. CONTRACTOR agrees to provide immediate notice to AGENCY of any claim or loss likely to involve AGENCY 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. AGENCY 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 AGENCY. (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 AGENCY for review. CONTRACTOR agrees and acknowledges that such contracts may require modification as to the insurance requirements necessary to properly protect AGENCY.
ARTICLE XVII
This Contract is entered into for the sole benefit of AGENCY and CONTRACTOR, and their successors, transferees, and assigns. No other person shall have any right of action based upon any provision of this Contract and no third party beneficiaries shall be created thereby.
ARTICLE XVIII
If any term, provision, condition, or covenant of this Contract, or the application thereof to any party or circumstances, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition, or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of the Contract as amended shall be valid and enforceable to the fullest extent permitted by law.
ARTICLE XIX
This Contract may be executed in multiple counterparts, each of which so fully executed counterpart shall be deemed an original. No counterpart shall be deemed an original or deemed or presumed delivered unless and until the counterpart executed by the other party to this Contract is in the physical possession of the party seeking enforcement thereof.
ARTICLE XX
This Contract contains the complete, final, entire, and exclusive agreement between the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the modification, amendment, or alteration in violation hereof shall be void.
ARTICLE XXI
CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest herein.
IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in duplicate by setting hereunto their names, titles, hands, and seals this _____, day of _______________, 2019.
CONTRACTOR:
(Print Name and Title)
CONTRACTOR's License No. Class
Federal Tax Identification No.
CONTRACTOR’S SIGNATURE MUST BE NOTARIZED. SEE FOLLOWING PAGE FOR NOTARY ACKNOWLEDGEMENT.
AGENCY OF TWENTYNINE PALMS
By:
Stone James, City Manager
ATTEST:
By:
Cindy Villescas, City Clerk
APPROVED AS TO FORM:
By:
Patrick Munoz, City Attorney
(ALL SIGNATURES MUST BE NOTARIZED AND CORPORATE SEALS AFFIXED, IF APPLICABLE)
END OF CONTRACT
SECTION 510 – PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Twentynine Palms (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) an agreement for ______________________________ (hereinafter referred to as the “Project”); WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of the Contract Documents.
NOW, THEREFORE, we, ______________________________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of _______________________________________ DOLLARS, ($____________), the sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in the Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the guarantee obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the CITY, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Attach Acknowledgment Form)
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THE FOLLOWING INFORMATION IS MANDATORY
Any claims under this bond may be addressed to:
(Name, Address and Telephone number of Surety)
(Name, Address and Telephone number of Agent
or Representative for service of process in
California, if different from above)
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-ofAttorney to local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
SECTION 520 – PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS THAT
WHEREAS, the City of Twentynine Palms (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____ has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
____________________________________________________________________________ (the “Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the contract described above; providing that if Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Attach Acknowledgment Form)
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-ofAttorney to local representatives of the bonding company must also be attached.
END OF PAYMENT BOND
- 25 -
TECHNICAL SPECIFICATIONS
THE FOLLOWING TECHNICAL SPECIFICATIONS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:
1. Special Provisions
- 26 -
PLANS AND DRAWINGS
THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:
Project Plans For Construction on
Cholla Avenue Widening
in San Bernardino County
in the City of Twentynine Palms
SECTION 300 — BID FORM
NAMEOF BIDDER: Universal Construction and Engineering
The undersigned Bidder hereby declares that it has carefully examined thelocation of the proposed Work, and has read and examinedthe Contract Documents, including all plans. specifications, and all addenda, ifany. for the following Project:
Cholla Avenue Widening
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:
BIDSCHEDULE — Cholla Avenue Widening
1.25 23,125.00
23.00 13,800.00
13,800.00 13,800.00
75,000.00 75,000.00
23,000.00 23,000.00
10,000.00 10,000.00
ESTIMATED
No. ITEMDESCRIPTION UNIT QUANTITY UNITPRICE AMOUNT
1 Mobilization L8 1
41.00 32,800.00
9.00 12,600.00
5.75 14,950.00
2 Temporary TrafficControl L8 1
Storm Water Pollution
3 Prevention and Best L8 1
Management Practices
4 Construction Staking and
Monumentation LS 1
Remove PCC Curb and
5 Curb and Gutter LF 600
Sawcut, remove and grind
6 AC pavement, Full Depth SF 18,500
of Existing Pavement
Remove PCC Driveways SF 1,400
8 Remove PCC Sidewalk SF 2,600
Remove and dispose of
Existing Palm Tree and 9
roots. Replace with EA 1
compacted native material
10 Construct6 Curb and LF 800
Gutter per Std. 116
10 Twentynine Palms
Cholla Avenue VWdening
3,900.00 3,900.00
28.00 17,500.00
8,200.00 8,200.00
162.50 65,000.00
53.50 26,750.00
68,000.00
3,300.00 6,600.00
500.00
11 Twentynine Palms
Cholla Avenue Widening
16 17
18 19
20 21
22 23
Constmct 4" Thick PCC
Sidewalk Over 12" Min
90% Compacted Native
Per County of San
Bemardino Standard Plan
109 Type D
Construct 8" P00 Cross
Gutter and/or Spandrel Per
County of San Bernardino
Standard Plan 119
Excavate subgrade section
for.proposed pavement
Construct 3.5" Thick AC
Base Course (PG 70-10-B)
Construct 4” Class II
Aggregate Base
Construct 4” thick Access
Ramp per Std. 110
(including Truncated
Domes)'
Construct 4” thick PCC
Residential Driveway per
Std. 128
Constmct4"Thick PCC
Residential Driveway per
Std. 128A
Consthct 6" Thick PCC
Commercial Driveway per
Std. 129
Construct 5”Thick PCC
Commercial Driveway per
Std. 1298
Construct Alley Approach
per Std. 125
Sawcut Existing Pavement,
Remove and dispose of
Excess Material, 1‘
Minimum from Edge of
Pavement
Grind and Overlay
Pavement 2’ wide 2” deep
per Header cut per Detail
4/ST-5.
SF
SF
LS
TONS
TONS
EA
SF
SF
SF
SF
SF
LF
6,800
625
400
500
150
560
301
319
325
400
1050
1.25 6.05 6,352.50
15.00 15.00
18.50 18.50 5,901.50
18.50 6,012.50
5,568.50
8,400.00
2,250.00
10.00
500.00 1.000-
12,000.00 12,000.00
6,000.00 6,000.00
24 25
26 27
28 29
TOTAL BIDAMOUNT $488,370.00
Adjust Water Meter Box to
Grade and Extend Service
and Box to new R/W
Adjust Existing Water
Valve to Grade
Adjust Existing UtilityBox
to Grade
Adjust Existing Fire
Hydrant to grade/or provide new Fire Hydrant assembly
per TPWD Std. 48
Remove and Relocate
Existing Mailbox and Post
Per County of San
Bemardino Standard Plan
312
Signing and Striping
EA
EA
EA
EA
LS
2,600.00
1,400.00
270.00
13,000.00
4,200.00
2,160.00
Four hundred eighty-eight thousand three hundred seventy and no/100------¥---------- Bid Amount in Written Form
Bidders must provide pricingfor 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 ltem Cost” column, then the amount set forth in the ”Line ltem 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. if any 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. 12 Twentynine Palms
Cholla Avenue \Mdening
Bid Amount in Writing
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The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdraw n
for the number of calendar days from the bid opening stated in the Notice Inviting Bids 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 prior to the date stated in the City's Notice to Proceed, or before providing the required bonds and evidence of insurance.
Bidder certifiesthat it is licensed in accordance with the California law providing for the registration of Contractors. License No. 1019619 , Expiration Date02/28/2925. class of license A.C-8 . if the 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 in the Notice InvitingBidsfrom the bidopening, 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 full consideration of the following addenda to the Contract Documents.
Addenda No.
Addenda No.
Addenda No.
13 Twentynine Palms
Cholla Avenue VWdenin
16 Cassandra Medina, Attorney-ln-Fact
Twentynine Palms
Cholla Avenue VWdening
SECTION 310 - BID BOND
Universal Construction and Engineering
The makers of this bond are dba Universal Construction En ineerin as Principal, and Merchants Bondin Com an Mutual , 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 lawful money 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 CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated October 24 _, 2014, for Cholla Avenue Widening between Highway 62 and Cactus Drive
If the Principal does not withdraw its Bid within the time speci?ed in the Contract Documents; and if the 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. Othenivise, this bond will remain in full force 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 Suretyvdoes 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 litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this 17thday of October 20_24_, the name and corporate seal of each corporation. (Corporate Seal)
Universal Construction and Engineering
dba Universal Construction Engineering
Contractor/ Princi
By
Title
Alfonso Montes, President
(Attach Acknowledgment Form)
(Corporate Seal)
Merchants Bonding Company (Mutual)
Surety
Attorney-in—Fact
(Attach Attorney-in-Fact Certificate)
17 Twentynine Palms
Cholla Avenue Widening
Cassandra Medina, Attorney-ln-Fact
Title
1 BOND
Title or Type of Document
Number of Pages
(0
Notary Acknowledgment
A notary public or other officer completingthis certificate verifies only the identity of the indivrdual who Sl ned the document to which this certificate is attached, an not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTYOF Riverside
On OCtObeF23 20A , before me, JESSica D» Montes .Notary Public, personally appeared Alfonso Montes ------------------------------------ , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the personmwhose namets; is/are subscribed to the within instrument and acknowledged to me that he/shelthey- executed the same in his/herltheir authorized capacityt‘lest), and that by his/herltheir signature(s) on the instrument the persontsq, or the entity upon behalf of which the personMacted, executed the instrument.
I certify under PENALTYOF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
JESSICAD. MOHTES _ _ _ - Notary Public-California WITNESS my hand and offICIalseal. 3 ' Riverside County '
‘ Commission.I 137263!
‘
‘ “ My Comm. Expires Aug 28.2025 I
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT In ual
Corpo ‘ e Officer
T.itle(s)
Partner(s) Limited
General
:1 Attorney—ln—Fact
CaTrustee(s)
S‘ Guardian/Conservator
3 Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Z
Dat of Document
'Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal. 00 41 43 -— BIDFORMS BB&K(2021)
26529.UOOUU
-24-
NOTARY ACKNOWLEDGMEN
Print
Title Note Public
1%"v.5
i],2027
Notary Public Signature
Julie Heimdal
(Seal)
THE STATE OF NEVADA
COUNTY OF
This instrument was acknowledged before me on October 17th 2024 (date) by Cassandra Medina (name of person)
Washoe
1i
IOWA
MERCHANTS ,\
BCDNIDIBHS C(3N1PAPJYm
POWER OF ATTORNEY
Know AllPersons By These Presents. that MERCHANTS BONDING COMPANY (MUTUAL).and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the “Companies") do hereby make, constitute and appoint, individually,_ BillRapp; Brad Espinosa; Breanna Boatright; Cassandra Medina; Deanna Quintero; Elizabeth Collodi; Jason March; Jennifer Lakmann; John Hopkins: John Weber; Kathleen Le; Matthew Foster; Mindy Whitehouse; Pam Sey; Paula Senna; Phillip Watkins; Renee Ramsey; Samantha Watkins; Sara Walliser; Sharon Smith; Steven Lee VWliams; Tony Clark their true and lawful Attorney(s)—in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
This Power-of—Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23. 2011 and amended August 14, 2015 and April 27. 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October16. 2015 and amended on April 27. 2024. "The President, Secretary. Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact. and to authorize them to execute on behalf of the Company. and attach the seal of the Company thereto. bonds and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof." ”The signature of any authorized of?cer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certi?cation thereof authorizing the execution and delivery of any bond, undertaking, recognizance. or other suretyship obligations of the Company. and such signature and seal when so used shall have the same force and effect as though manually ?xed." In connection with obligations in favor of the Florida Department of Transportation only. it is agreed that the power and aut hority hereby given to the Attorney—in-Fact includes any and all consents for the release of retained percentages and/or ?nal estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the ?nal estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.
In connection with obligationsin favor of the Kentucky Department of Highways only. it is agreed that the power and authority hereby given to the Attorney—in-Fact cannot be modi?ed or revoked unless prior written personal notice of such intent has been given to the Commissioner Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modi?cation or revocation.
In \Mtness Whereof. the Companies have caused this instrument to be signed and sealed this 29th ,day of Ju|y .2024 ..° ' 'G''C.'... MERCHANTS BONDING COMPANY (MUTUAL) ~ ' g\_“.. .9430'. MERCHANTS NATIONAL BONDING, INC. 5” 959%?0,9"..4 '. dIbIa MERCHANTS NATIONAL INDEMNITYCOMPANY : Is _-' .' Q, 4) -a..
52 : -'a , _ o _ r“ '_ ' :< -- c :‘g: 1,12, 1933 HQ: By wk 0 .. as:
‘5 094/-' Ii.‘" N." President
STATEOF IOWA '..H=;.,.'
COUNTY OF DALLAS ss. On this 29m day of Ju 2024 . before me appeared Larry Taylor. to me personally known, who being by me duly sworn I did say that he is President of MERCIHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING. INC; and that the seals af?xed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. e 0 Penninnmer
/\ .
f“ 20459A[2 Commission Number 787952
0 ‘ulrui 0 My Commission Expires
January 20, 2027 - . Notary Public
(Expiration of notary’s commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) a‘nd MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies.which is still in full force and effect and has not been amended or revoked. ln Witness Whereof, l have hereunto set my hand and affixed the seal of the Companies on this 17th day of October 2024 “Toni" .-‘.'r\Gc
‘ 7449's. .-ten-[35.9%.
.-"o"‘P°’?4'-~.0 '1 : one“ 94".13‘.
.' $11: .9359 _ l..-- -" -°- 622': :;55 —o- $3.55:
2003 :5 '-4.91.1933.13: Secretary
" ......... \ :~‘ ’..
an.
.-RN. o a? 1.3” . (\f-
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‘ o a].
o
o .
F’OA 0018 (6/24) "nun...“
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact, The Power-ofAttorney to local representatives of the bonding company must also be attached.
END OF BID BOND
20 Twentynine Palms
Cholla Avenue VWdening
SECTION 330 — BIDDERINFORMATIONAND EXPERIENCEFORM
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: Universal Construction and Engineering 2-0 Type, if Entity: Corporation
3.0 Bidder Address:
77725 En?eId Lane, Ste. 210, Palm Desert, CA 92211
(760) 200-3100
Facsimile Number Telephone Number
[email protected] Email Address
4.0 How many years has Bidder’s organization been in business as a Contractor? 8 5.0 How many yea5rs has Bidder’s organization been in business under its present name?
5.1 Under what other or former names has Bidder's organization operated?; Alfonso Montes dba Universal Concrete Construction 60 if Bidder’s organization is a corporation, answer the following:
6.1. Date of Incorporation: September 30, 2019
6.2. State of Incorporation: California
6.3. President's Name: Alfonso Montes
6.4. Vice—President’sName(s): N/A
6.5. Secretary's Name: Cathy J‘ COOKe
6.6. Treasurer’s Name: Diana Montes
7.0 Ifan individualor a partnership, answer the following:
7.1. Date of Organization:
7.2. Name and address of all partners (state whether general or limited partnership):
22 Twentynine Palms
ChollaAvenue Widening
N0
9.0 List other states in which Bidder’s organization is legally qualified to do business.
8.0 Ifother than a corporation or partnership, describe organization and name principals:
11.0 Has Bidder ever failed to complete any work awarded to it? Ifso, note when, where, and why:
10.0 What type of work does the Bidder normally perform with its own forces? Minor concrete and concrete structures
23 Twentynine Palms
Cholla Avenue Widening
13.0 List Trade References:
G_L. Gayler Construction
Pyramid Construction and Aggregates, Inc
Granite Construction Company
Vance Corporation
14.0 List Bank References (Bank and Branch Address):
US Bank 42-250 Jackson St. Indio CA 92203
12.0 Within the 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.
N/A
15.0 Name of Bonding Company and Name and Address of Agent:
Merchants Bonding Company (Mutual)
lnterWest Insurance Services
3645 Westwind Blvd., Ste. A, Santa Rosa. CA 95403
[REMAINDEROF THIS PAGE INTENTIONALLYLEFT BLANK]
B. LIST OF CURRENT PROJECTS (BACKLOG)
*** ***Note to Bidders: Duplicate Page if needed for listing additional current projects.
Preject Description of Completion COStOfBidder 5 Contact Name 3 Bidders Work Date ‘ Work Phone
24 Twentynine Palms
Cholla Avenue Widening
See Attached
”
”
” ”
” ” “ ”
” ” “ ”
” ”
LEGEND
ST-1
IN THE CITY OF TWENTYNINE PALMS, COUNTY OF SAN BERNARDINO
CHOLLA AVENUE
STREET IMPROVEMENT PLAN
SHEET INDEX
LEGAL DESCRIPTION
OWNER
VICINITY MAP
SITE
UTILITY CONTACT INFORMATION
ASSESSOR'S PARCEL NUMBERS
GRADING NOTES
SIGNING & STRIPING NOTES
INSPECTION/MATERIAL NOTES
TRAFFIC NOTES
PAVING NOTES
GENERAL STREET NOTES
INDEX MAP
TITLE SHEET
STREET IMPROVEMENT PLAN
” “ ”
CHOLLA AVENUE
SMOKETREE AVENUE
CACTUS AVENUE
TWENTYNINE PALMS HIGHWAY (SR-62)
SHEETS 2-4
CHOLLA AVENUE CHOLLA AVENUE
℄
℄
℄
℄
ALLEY
PASEO DE MARA
CHOLLA AVENUE
8/27/24
ST-2
1 inch = ft. 40
DEMOLITION PLAN
STREET IMPROVEMENT PLAN
” “ ”
TWENTY-NINE PALM HIGHWAY (SR-62)CL
CL CACTUS AVENUE
ALLEY
PASEO DE MARA
CHOLLA AVENUECL
LEGEND
8/27/24
ST-3
1 inch = ft. 40
” “ ”
CHOLLA AVENUE
STREET IMPROVEMENT PLAN
TWENTY-NINE PALM HIGHWAY (SR-62)CL
CL CACTUS AVENUE
ALLEY
PASEO DE MARA
CHOLLA AVENUECL
LEGEND
”
”
” ”
” ” “ ”
” ” “ ”
” ”
8/27/24
ST-4
1 inch = ft. 40
SIGNING & STRIPING PLAN
STREET IMPROVEMENT PLAN
” “ ”
SIGNING AND STRIPING NOTES
TWENTY-NINE PALM HIGHWAY (SR-62)CL
CL CACTUS AVENUE
ALLEY
PASEO DE MARA
CHOLLA AVENUECL
“ ” ”
8/27/24
DETAILS
ST-5
1 inch = ft. 5'
” “ ”
PROPOSED LAUNDROMAT
/ALLEY DRIVEWAYS
CHOLLA AVE STREET
NOTES
COLD PLANE DETAIL
HEADER GRIND
EDGE GRIND
8/27/24
STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Nov 12 2024
SUBJECT: Memorandum of Understanding (MOU) with the Community Leaning Equipping Project Inc. (CLEP) RECOMMENDATION:
The City Council approve the Memorandum of Understanding with the Community Learning Equipping Project Inc. (CLEP), otherwise known as the "the Hope Center". This organization is the non-profit branch of the Sanctuary Church.
ORDER OF PROCEDURE:
Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Call the Motion
Discussion the Motion
Call the Question / Provide Direction to Staff
ATTACHMENTS:
• CLEP MOU re Project
PHOENIX
BACKGROUND:
City Staff is pursuing the Environmental and Climate Justice Community Change Grants Program administered by the Environmental Protection Agency. If successful, this grant will provide funding for the construction of the Channel Trail, as well as providing funding for a new Resilience Center. The total funds available for this grant is $20 million. In order to be successful in the grant application, the City needs to form a partnership with a local non-profit entity.
In this case, the City would form a partnership with the Community Learning Equipping Project Inc. (CLEP), which is the legal entity for the non-profit arm of the Sanctuary Church. This organization has a proven record of conducting self-help classes, distributing school supplies to needy students, and other worthwhile activities.
The Resilience Center will be a new building next to the existing Project Phoenix Community Center that will be approximately 5,000 square feet in size. Within this center will be classrooms in which CLEP may conduct their activities. Computers, office supplies, desks, and other materials would be provided by the City and funded by the Grant. This MOU serves as the agreement with the City to agree in concept with the grant application.
Further agreements may be needed in the future pertaining to such issues as liabilities, insurances, and maintenance responsibilities. These agreements will be drafted and signed upon successful awarding of the grant and before construction begins.
ENVIRONMENTAL:
N/A
ALTERNATIVES:
The City Council could reject the MOU and provide other guidance.
FISCAL IMPACT:
None at this time.
384/014122-0001
21360584.2 a10/29/24
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU") is entered into and effective as of the _____ day of ____ 2024, by and between the CITY OF TWENTYNINE PALMS (“City”) and COMMUNITY LEARNING EQUIPPING PROJECT INC. (“CLEP”), collectively referred to herein as the “Parties.”
RECITALS
A. WHEREAS, the City owns a community center building commonly known as Project Phoenix; and
B. WHEREAS, CLEP provides support services for disadvantaged persons; and
C. WHEREAS, City desires to expand the existing Project Phoenix building to create additional space in which support services for disadvantaged members of the community could occur (the “Expansion Project”); and D. WHEREAS, CLEP willing to provide support services for disadvantaged persons at the Expansion Project and City desires that CLEP do so; and
E. WHEREAS, the Parties desire to coordinate their efforts in order to enable support services for disadvantaged persons to be provided at the Expansion Project; and
F. WHEREAS, the City and CLEP desire to memorialize their understanding and agreements related to the Expansion Project by entering this MOU.
NOW THEREFORE, the Parties agree as follows:
COVENANTS
1. City’s Obligations
1.1 The City will be responsible for obtaining the funding for the Expansion Project; and in the event such funding is obtained, to design, construct, and furnish the Expansion Project.
1.2 The Expansion Project will be designed to include a room of approximately 5,000 to 7,000 square feet, appropriate for use as space within which to provide support services to disadvantaged persons such as job training classes, financial literacy classes, parental training classes, and distribution of food and school supplies to children.
384/014122-0001
21360584.2 a10/29/24 -2-
1.3 The Expansion Project’s design will include furnishings and appliances as deemed reasonable and necessary by City to enable it to be used for its intended purpose.
1.4 City will consult with CLEP during the design and in connection with the furnishing of the Expansion Project in order to take into the operational needs of CLEP upon its completion.
1.5 Upon completion of the Expansion Project, the City will continue to own the building, and will own all furnishings, equipment and other materials that it funds, or otherwise provides for use therein.
1.6 Upon completion of the Expansion Project, City will be responsible for maintenance (except as set forth below), insurance, and utilities associated therewith.
1.7 Upon completion of the Expansion Project, City will make it available to CLEP, at no cost (but subject to typical lease terms consistent herewith to be agreed upon between the Parties), for its use in a manner consistent with the intent and provisions of this MOU.
2. CLEP’s Obligations
2.1 Use of Expansion Project
A. Upon completion of the Expansion Project, CLEP will operate a program therein by which it provides support services to disadvantaged persons such as job training classes, financial literacy classes, parental training classes, and distribution of food and school supplies to children.
B. Once it commences its program, CLEP will maintain a
monthly schedule of services that it will provide. Such services may include, but not be limited to, adult education classes, food drives, and activities for children outside of school hours.
C. CLEP will report to the City the number of persons
participating in such activities, and shall endeavor to keep track of and report the jurisdiction where such participants reside and such other reasonable information as the City may request.
D. CLEP will be responsible to operate its programs in a manner that complies with all laws and regulations, and for all costs and other aspects of its programs, including without limitations, any requirements related to its employees and volunteers (such as fingerprinting, background checks, etc.).
384/014122-0001
21360584.2 a10/29/24 -3-
2.2 Cleaning and Maintenance
A. CLEP will be responsible for the cleaning of the Expansion Project, including specifically typical custodian services, in a manner satisfactory to the City; and it will be responsible for any repairs to damages resulting from CLEP’s use (normal wear and tear excepted).
B. CLEP will report all damages and repair needs at the Expansion Project to the City, regardless of whether such repairs are the responsibility of City or CLEP.
3. Miscellaneous
3.1 City’s Right of Use
The City reserves the right to use the Expansion Project for any purposes provided such use does not unreasonably interfere with CLEP’s use as set forth herein.
3.2 Termination
Either CLEP or the City may terminate this MOU at any time by providing five (5) days written notice to the other Party.
3.3 Indemnification and Hold Harmless
CLEP agrees to indemnify, defend (with counsel of the City’s selection), and hold harmless the City and its officials, officers, agents, members, representatives, employees, and agents (“Indemnitees”) from any and all costs, expenses, claims, damages, lawsuits, penalties, fines, attorneys’ fees and/or any other liability as a result of, arising out of, or in connection with CLEP’s use of the Expansion Project. The indemnity obligation set forth herein shall survive the termination of this MOU.
3.4 No Third Party Beneficiaries
There are no intended third party beneficiaries to this MOU. No rights or obligations of any third party are created herein.
3.5 Entire Agreement
This MOU represents the entire integrated agreement between the Parties, and supersedes any and all prior oral or written agreements between the Parties with respect to the subject matter herein. No addition or modification of any provision contained in this MOU shall be effective unless fully set forth in a writing duly executed by both Parties.
384/014122-0001
21360584.2 a10/29/24 -4-
3.6. Authority to Execute
The persons executing this MOU on behalf of each Party warrant and represent that they have the authority to execute this MOU on behalf of the respective Party and warrant and represent that they have the authority to bind the respective Party to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties have executed this
Memorandum of Understanding effective as of the date set forth above.
CITY OF TWENTYNINE PALMS
A California Municipal Corporation
By:__________________________________
Steven Bilderain, Mayor
ATTEST:
By:__________________________________
Cindy Villescas, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
By:__________________________________
A. Patrick Muñoz
City Attorney
COMMUNITY LEARNING
EQUIPPING PROJECT INC.
By:__________________________________
Its:__________________________________
STAFF REPORT
TO: City Council
FROM: Code Enforcement Officer
FOR MEETING: Nov 12 2024
SUBJECT: Adopt Resolution 24- __ Confirming the Costs of Abating a Vacant Parcel APN: 0624-161-19- 0000, Full of Trash, Debris, Abandoned Motorhome, an Illegal Dumping Ground that was Declared a Public Nuisance and Cleaned under the Direction of the Planning Commission.
RECOMMENDATION:
The City Council confirm the cost of $17,976.68 for the abatement of the property. The City Council to direct the property owner to pay the confirmed cost of abatement within ten (10) days following the Public Hearing and/or the Code Enforcment Division would be directed to record the confirmed cost of abatement as a Special Assessment against the property.
ORDER OF PROCEDURE:
Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Open Public Hearing
Request Public Comment
Close Public Hearing
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Property Owner Information
• Planning Commission
Resolution No. 24-06 -
Declaring a Public Nuisance
• 2024 0524 - Photo 1
• 2024 0524 - Photo 2
• 2024 0524 - Photo 3
• 2024 0524 - Photo 4
• 2024 1007 - Photo Abatement
Completed
• Record of Costs
• Resolution No. 24- _____
• Publication Notice of Public
Hearing - Confirming
Abatement Costs
BACKGROUND:
The property is located off the Twentynine Palms Highway, East. This property is a vacant 12.84 parcel. The property is full of abandoned vehicles/recreational vehicles, trash and debris of significant amount. The property has been unsecured and had become an illegal dumping site. By all observations, the property was a blight and an abandoned property with a deceased property owner - Ronald Russell.
In an attempt to achieve voluntary compliance, the City's Code Enforcement Department had issued Notices of Violation since February 8, 2017, which to date there have been six (6) issued. The City Code Enforcement Department issued two (2) Notices to Abate to the property owner. Due to the failure to comply with any of the requests made by the City Code Enforcement Department, the City also issued the property owner three (3) citations for failure to resolve the violations on their property. This property was in violation of numerous Municipal Codes. Once Code Enforcement determined and found information that the owner of the property namely Ronald Russell was deceased, the City stopped issuing citations and notifications. The City has been unable to identify any representative that will take responsibility for the property.
Pursuant to the City of Twentynine Palms Development Code Section 19.146.070 - Abatement of Buildings or Structures as Public Nuisance - a Public Hearing is required before the Planning Commission to determine a public nuisance, and the City Council reviews the accounting of the costs of abatement thereof.
On April 2, 2024, the Planning Commission held a Public Hearing to adopt a Resolution that declared the property a public nuisance and ordered the owner to abate the nuisance conditions. Under applicable law, upon the adoption of the Resolution declaring the property a public nuisance, the property owner was provided notice of the Planning Commission's action (via certified mail to last known address and posting of notice on property) and awarded additional time to remedy the violation. Since the property owner failed to take the required abatement action, the City acquired jurisdiction to enter the property via a court ordered Abatement Warrant on August 19, 2024. Due to the requirements to obtain an Environmental Asbestos Survey and Report prior to removing all debris from the property, additional time was requested from the courts. On September 18, 2024, the Court granted an extension to the Abatement Warrant and the City Code Enforcement Department proceeded to abate the nuisance violations using licensed contractors. The removal included two (2) vehicles, one (1) car body frame and one (1) dilapidated motor home and 20.460 tons of trash and debris (items that were considered recyclables were sorted adequately). All debris was disposed via the services of Burrtec Waste and Recycling. The cost of the abatement totaled $17,976.68.
Record of Costs
Description Provider Cost
Attorney Costs Rutan & Tucker $ 5,064.00
Abatement - Clemons Demolition Clemons
Demolition $ 8,600.00
Abandoned Motorhome - Tow B & B Auto Parts $ 500.00
Environmental Survey & Report (Asbestos) L.Y. Environmental Inc. $ 1,050.00
Inspections/Processing
($139.77 hour x 10 hours) Code Enforcment $ 1,397.70
Notice of Pendency Filing SBCO Recorder $ 195.68
Administrative Fee City of Twentynine
Palms $ 111.82
Withdrawal of Notice of Pendency SBCO Recorder $ 218.04 Warrant Code Enforcment $ 279.54
Publications/Notices The Desert Trail $ 516.00
Mailing US Postal $ 43.90
Total Costs to
Date: $ 17,976.68
ENVIRONMENTAL:
N/A
ALTERNATIVES:
The City Council may take the following actions:
a. Take no action on Resolution No. 24- ____;
b. Hear Staff's presentation and public comments and confirm the abatement costs of $17,976.68, or another monetary amount deemed appropriate by the City Council, giving the property owner ten (10) days to pay he confirmed costs in full and adopting Resolution No. 24- ___ directing Code Enforcement to place a Special Assessment against the property if the property owner fails to pay the confirmed costs in full within the ten (10) day period;
c. Continue the Hearing to a later date.
FISCAL IMPACT:
The City has already incurred and paid the cost of abating the property. The abatement costs that are confirmed by the City Council may be recovered when annual taxes are collected.
Property Detail Report
For Property Located At:
CA-62, TWENTYNINE PALMS CA 92277
Owner Information
Owner Name: RUSSELL RONALD
Mailing Address: 1534 CANTERBURY CIR, REDLANDS CA 92374-2161 C004 Phone Number: Vesting Codes:
Owner Occupied Indicator: UNKNOWN Pending Record Indicator: N Corporate Owner:
Principal Corporate Name: Principal First Name:
Principal Last Name: Principal Title:
Location Information
Legal Description: PTN W1/2 E 1/2 NE 1/4 NE1/4 AND A PTN OF THE W 1/2 NE 1/4 NE 1/4 BOTH PTNS BEING IN SEC 34 T 1N R 9E
EX ANY PTNS LYING WLY AND SWLY FROM THE FOL DESC LI BEG AT A PT ON THE N LI SD NE1/4 NE 1/4 SD SEC 34 SD PT BEING DIST ALG SD N LI S 89 DEG 17 MIN 47 SECONDS W 784.31 FT FROM THE NE COR SD SEC 34 SD N LI BEING THE C/L TWENTYNINE PALMS HWY TH S 0 DEG 10 MIN 04 SECONDS W 30 FT TH S 14 DEG 09 MIN 03 SECONDS W 103.45 FT TO BEG OF TANGENT CURVE CONCAVE ELY WITH A RADIUS OF 2910 FT TH SLY ALG SD CURVE THRU A C/A OF 12 DEG 18 MIN 09 SECONDS 624.83 FT TO TERMINUS OF SD CURVE BEING NON-TANGENT A RADIAL BEARING BEING N 77 DEG 51 MIN 55 SECONDS E TH S 08 DEG 46 MIN 49 SECONDS E 170.90 FT TO BEG OF NON-TANGENT CURVE CONCAVE WLY WITH A RADIUS OF 2013.74
County: SAN BERNARDINO, CA APN: 0624-161-19-0000
Census Tract / Block: 0104.25 / 1 Alternate APN:
Township-Range-Sect: 00-00-34 Subdivision:
Legal Book - Page: 0624-161 Map Reference:
Legal Lot: Tract #:
Legal Block: School District: MORONGO
Market Area: DC729 Munic / Township: JOSHUA TREE
Neighbor Code: 020
Owner Transfer Information
Recording / Sale Date: Sale Price:
Document #: Deed Type:
Instrument #: 1st Mtg Document #:
Book - Page:
Last Market Sale Information
Recording / Sale Date: 06/23/2015 / 05/07/2015 1st Mtg Amount / Type: $14,400 / CONV Sale Price: $18,000 1st Mtg Int. Rate / Type:
Sale Type: FULL 1st Mtg Term:
Document #: 262347 1st Mtg Document #: 000000262348
Instrument #: 000000262347 1st Mtg Instrument #: 000000262348 Book - Page: 1st Mtg Book - Page:
Deed Type: GRANT DEED 2nd Mtg Amount / Type:
Transfer Document #: 2nd Mtg Int. Rate / Type:
New Construction: 2nd Mtg Term:
Multi / Split Sale: Price per SqFt:
Cash Down Paymemt: Stamps Amount: $20
Title Company: FIRST AMERICAN TITLE
Lender: DESSELLE PROP INC
Seller Name: DESSELLE PROP INC
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Prior Sale Information
Prior Rec / Sale Date: Prior Deed Type:
Prior Sale Price: Prior Lender:
Prior Sale Type: Prior 1st Mtg Amt / Type:
Prior Doc Number: Prior 1st Mtg Int. Rate / Type:
Prior Instrument #: Prior Stamps Amount:
Prior Book - Page:
Site Information
Land Use: VACANT LAND
(NEC)
Topography: FLAT/LEVEL Water Type: NONE
County use: VACANT LAND Lot Area: 559,310.00 Water District: TWENTYNINE PALMS State Use: Lot Width / Depth: Res / Comm Units:
Zoning: Usable Lot: # of Buildings:
Site Influence: Lot Shape: Bldg Width / Depth:
Acres: 12.84 Sewer Type: NONE Building Class:
Tax Information
Total Value: $20,795 Assessed Year: 2023 Property Tax: $512 Land Value: $20,795 Improve %: Tax Area: 19001
Improvement Value: Dist: 16 Tax Year: 2023
Total Taxable Value: $20,795 Fire Dist: Tax Exemption:
Market Value: Garbage Dist: Equal Rate:
Delinquent Year: 2016 Equal Year:
Property Characteristics
Gross Area: Parking Type: Construction:
Living Area: Garage Area: Heat Type:
Tot Adj Area: Garage 2 Area: Heat Fuel:
Above Grade: Garage Capacity: Parcel Fuel: NONE
Ground Floor Area: Parking Spaces: Exterior Wall:
Base / Main Area: Carport Area: Interior Wall:
Upper Area: Basement Area: Foundation:
2nd Floor Area: Finish Bsmnt Area: Air Cond:
3rd Floor Area: Basement Type: Roof Type:
Rentable Area: Attic Type: Roof Shape:
Addition Area: Porch Type: Roof Frame:
Total Rooms: Porch 1 Area: Roof Material:
Bedrooms: Porch 2 Area: Floor Type:
Bath (F / H): Patio Type: Floor Cover:
Total Baths / Fixtures: Patio 1 Area: Style:
Year Built / Eff: Pool: Quality:
Fireplace: Pool Area: Condition:
Fireplace Description: # of Stories:
Basement Description: Other Rooms:
Other Improvements:
Bldg Comments:
Parcel Comments:
Extra Features
Description: Unit: Size / Qty: Width: Depth: Year Built: Improvement Value:
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CITY of
“
CITY OF TWENTYINE PALMS
CITY COUNCIL
RESOLUTION NO. 24-____
A RESOLUTION OF THE CITY COUNMCIL OF THE CITY OF TWENTYNINE
PALMS CONFIRMING TE COSTS OF ABATING THE PUBLIC NUISANCE AT VACANT PARCEL APN: 0624-161-19-0000.
WHEREAS, the City of Twentynine Palms General Plan was adopted by the City Council on April of 2012; and
WHEREAS, title 19(Development Code) of the Municipal Code of the City of Twentynine Palms was adopted by the City Council on April 12, 1988, and subsequently amended upon the recommendation of the Planning Commission; and updated on July 26, 2016; and WHEREAS, this hearing concerning the proposed confirmation and assessment of costs for the abatement of the property APN:0624-161-19-0000 is being held pursuant to Chapter
19.146.110 of the City’s Development Code, which states that all costs of abatement shall be confirmed by the City Council; and
WHEREAS, the City’s Development Code requires that a record of costs of abatement of the property and notice of the date, time, and place of the City Council hearing be sent to all owners, as determined by the tax rolls, at least ten (10) days prior to the hearing. The notice shall state the City intends to either make the outstanding abatement costs a special assessment against the property or authorize the recordation of a nuisance abatement lien against the subject property.
WHEREAS, the owner of the property Ronald Russell, was duly noticed concerning the record of costs of the abatement, and the date, time, and place of the City Council Hearing; and WHEREAS, at the hearing, the City Council shall consider all evidence presented by any interested party. At the conclusion of the hearing, the City Council shall approve, by motion or resolution, the accounting and record of costs either as submitted or as modified or corrected.
The accounting and record costs, as confirmed by the City council, shall be deemed immediately due and payable, and shall be delinquent if not paid within ten (10) days thereafter.
WHEREAS, at the hearing the City Council may make any delinquent nuisance abatement costs a special assessment, or collect its costs of the abatement by nuisance abatement lien pursuant to the procedures authorized by Government Code Sections 38773.1 and 38773.5, as described in Sections 19.146.130 (Special Assessment) and/or 19.146.140 (Nuisance Abatement Lien).
WHEREAS, a notice of a Public Hearing before the City Council to hear arguments for or against confirming the costs of abating by the removal of all trash, debris and abandoned motorhome, and illegal dumping located at APN:0624-161-19-0000 was published in the Desert Trail, a newspaper of record on or before October 23, 2024; and WHEREAS, on November 12, 2024, the City Council of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing concerning confirming the costs of abating the trash, debris and abandoned motorhome, and illegal dumping from the vacant parcel APN:0624-161-19-0000; and
WHEREAS, the costs associated with abating the property consisted in the following:
Description Provider Cost
Attorney Costs Rutan & Tucker $ 5,064.00
Abatement - Clemons Demolition Clemons Demolition $ 8,600.00 Abandoned Motorhome - Tow B & B Auto Parts $ 500.00
Environmental Survey & Report (Asbestos) L.Y. Environmental Inc. $ 1,050.00 Inspections/Processing
($139.77 hour x 10 hours) Code Enforcement $ 1,397.70
Notice of Pendency Filing SBCO Recorder $ 195.68
Administrative Fee City of Twentynine Palms $ 111.82
Withdrawal of Notice of Pendency SBCO Recorder $ 218.04 Warrant Code Enforcement $ 279.54
Publications/Notices The Desert Trail $ 516.00
Mailing US Postal $ 43.90
The total cost of abatement is $17,976.68; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Twentynine Palms does hereby confirm the cost of $17,976.68 for the abatement of the vacant parcel APN:0624-161-19-0000, and so orders the property owner to pay the confirmed abatement cost within ten (10) days. Should the property owner fail to pay the confirmed cost of abating the property, the City’s Code Enforcement Division is ordered to record a Special Assessment against the property for the confirmed cost of the abatement. Should the property owner pay a partial amount of the abatement costs, any remainder of the monies owed are to be recorded against the property as a Special Assessment.
PASSED, APPROVED and ADOPTED this ______day of ________, 2024. _____________________________
Steven Bilderain, Mayor
ATTEST:
______________________________
Cynthia Villescas, CMC, City Clerk
I hereby certify that the foregoing is a true copy of Resolution No. 24-____, introduced and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on ___ day of______, 2024, in Twentynine Palms, California by the following vote, to wit.
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
___________________________________
Cynthia Villescas, CMC, City Clerk
CITY OF TWENTYNINE PALMS
NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL
NOTICE IS HEREBY GIVEN THAT THE Twentynine Palms City Council will hold a public hearing on November 12, 2024, in the City Council Chambers at 6136 Adobe Road, Twentynine Palms, CA 92277, at 7:00 p.m. or as soon thereafter as possible to consider the following:
Vacant Parcel APN: 624-161-19-0000, Twentynine Palms, CA 92277 Legal Description: PTN W1/2 E 1/2 NE 1/4 NE1/4 and a PTN of the 1/2 NE 1/4 NE 1/4 both PTNS being in SEC 34 T 1N R 9E EX any PTNS lying WLY and SWLY from the FOL DESC LI BEG at a PT on the N LI SD NE1/4 NE 1/4 SD SEC 34 SD PT being DIST ALG SD N LI S 89 DEG 17 min 47 seconds W 784.31 FT from the NE COR SD SEC 34 SD N LI being the C/L Twentynine Palms Hwy TH S 0 DEG 10 min 04 seconds W 30 FT TH S 14 DEG 09 min 03 seconds W 103.45 FT TO BEG of tangent curve concave ELY with a radius of 2910 FT TH SLY ALG SD curve thru A C/A OF 12 DEG 18 min 09 seconds 624.83 FT to terminus of SD curve being non-tangent a radial bearing being N 77 DEG 51 min 55 seconds E TH S 08 DEG 46 min 49 seconds E 170.90 FT to beg of non-tangent curve concave WLY with a radius of 2013.74.
Property owner as determined from the San Bernardino County’s Assessors Office:
Ronald Russell
1534 Canterbury Cir.,
Redlands, CA 92374
The City Council will hear any objections to the City confirming the costs of the abatement of the junk, rubbish, debris and abandoned motorhome, making any modifications in the record of the costs of the abatement it deems necessary.
ALL INTERESTED AND/OR AFFECTED PARTIES are invited to submit written comments in favor or in opposition to this matter prior to the time of the hearing or be heard in support or opposition to the proposed confirmation of abatement costs, at the time of the hearing.
For information call (760)367-6799.
__________________________
Cynthia Villescas, CMC City Clerk
For Publication on Desert Trail on October 23, 2024.
STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Nov 12 2024
SUBJECT: Molding Hearts' Proposal to Provide Housing and Rehabilitative Services for Unhoused Twentynine Palms Residents.
RECOMMENDATION:
The City Council authorize the City Manager to execute the Molding Hearts' proposal to provide housing and rehabilitative services for unhoused Twentynine Palms residents.
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 (roll call or voice vote)
ATTACHMENTS:
• 2024-11-07 29 Palms Molding
Hearts Proposal
• 2. CEO BIO LAKITA
JOHNSON EXPANDED
• 3. 2024-11-03 CA SOS
MOLDING HEARTS Search
Results
• 4. 2024-10-30 California FTB
Molding Hearts STATUS
LETTER
• 5. 2024-11-05 DOJ Website
Non-registration Certificate
• 6. 2014-04-07 DOJ Letter
Suggesting MH May Need to
Register
• 7. 2024-10-31 Reference
Letter St. Martin
• 8. 2024-10-21 SBCo Valley
Star Behavioral Health Molding
Hearts.org- Request for
information 2024-10-14
• 9. 2024-10-20 Reference
Letter for Seat on ICH - Lakita
Johnson final[46]
BACKGROUND:
In October 2024, Molding Hearts (MH) contacted the City which led to a meeting with the Mayor, City Manager, Molding Hearts founder Lakita Johnson, and Molding Hearts advocate-adviser Michael Pullum. The purpose of the meeting was to discuss issues involving the homeless population within the City of Twentynine Palms (City), and more specifically whether Molding Hearts’ service model could help address the City’s related needs.
MH describes its service model as being designed to reduce homelessness by providing housing along with opportunities, structure, and training related to life skills needed for unhoused and recently incarcerated individuals to avoid the downward spiral of unemployment, addiction, and criminal vagrancy and instead enable them to become contributing and self-sustaining community members.
Following the initial meeting with the Mayor, MH representatives met individually with several other Councilmembers. In follow up discussions with the City Council, it became clear to City Staff that the City Council was interested in having MH present a formal proposal for consideration. Prior to having the City Council consider a proposal from MH, Staff determined it made sense for the Housing and Homeless Committee (HHC) to first consider the proposal and make a recommendation to the City Council.
On November 4, 2024, the Housing and Homelessness committee met to discuss the MH proposal.
After hearing Ms. Johnson's presentation and field a number of questions, the committee voted to recommend the MH proposal to the City Council.
By way of summary, MH proposes to offer the following services:
1. 30 Days: Molding Heart will engage with homeless individuals in the City and work to provide temporary housing at approved locations within San Bernardino County. This engagement will include an initial intake assessment of the needs of eligible homeless individuals, as well as an overall assessment of the City’s unhoused population. Molding Hearts will provide a report to City Staff summarizing basic demographic information of the individuals who have voluntarily accepted services and well as those who have declined services. All information provided will be in compliance with applicable HIPPA laws.
2. 60 Days: Molding Hearts will provide City Staff with an update of housing solutions for eligible clients. Molding Hearts will also provide a report outlining the following for residents being served:
(i) education efforts, (ii) employment status, and (iii) progress on rehabilitation.
3. 120 Days: If the City is satisfied with the progress accomplished in Phase I, Molding Hearts will work with the City to create a Phase II action plan.
ENVIRONMENTAL: Page 288 of 347
N/A
ALTERNATIVES:
The City Council could modify the recommendation as appropriate or choose not to enter into an agreement with MH.
FISCAL IMPACT:
Phase 1 service cost is $24,500.00 and is broken down as follows:
Phase 1 Service Costs Costs
Milestone 1- Assess and document needs of unhoused and vulnerable City residents $1,500 Milestone 2- Provide emergency housing and begin case management $20,000 Milestone 3- Long Term Housing Placement $2,000
Milestone 4- Monitoring of Clients/ Employment/ Rehabilitation $1,000 Note: The prices listed in the preceding table are an estimate for the services discussed. Project costs can change if the City requests additional services.
1 MOLDING HEARTS PROPOSAL FOR HOMELESS
SERVICES WITH THE
CITY OF TWENTYNINE PALMS
This proposal is being shared with the City of Twentynine Palms City Council in an effort to end homelessness within the city by providing services and rehabilitation to those struggling with socioeconomic disparity and homelessness.
OVERVIEW
Who We Are: Molding Hearts is a non-profit 501(c) (3) with various contracts with County and Federal agencies. Currently we have twelve (12) locations throughout the Morongo Basin and High Desert housing fifty-six (56) individuals. Since we opened, we have assisted over 3,200 people experiencing homelessness and found them permanent supportive housing solutions.
We have also fully rehabilitated approximately 1,600 people. We have contracts with the County of San Bernadino Department of Behavioral Health, San Bernadino Probation Department. We partner with San Bernadino Adult Protective Services, State of California Mental and Drug Court, and County of San Bernadino Children and Family Services.
Mission: Our mission is to end homelessness in San Bernardino County by providing compassionate and comprehensive housing solutions for vulnerable individuals. We offer emergency, transitional, and shared permanent housing for youth exiting foster care, formerly incarcerated individuals, and those experiencing homelessness due to mental health issues.
Through a supportive and empowering environment, we strive to foster stability, selfsufficiency, and a sense of belonging, ensuring everyone can rebuild their lives and achieve their full potential.
The Objective
Create a mutually beneficial partnership with the City of Twentynine Palms (City) to help the City mitigate challenges that the City is experiencing by providing a long-term solution to address homelessness.
• Need #1: Provide emergency temporary housing for the homeless. We are requesting a grant in the amount of $24,500.00.
• Need #2: Find a long term “payor source” for each client by leveraging our contracts with County and Federal Agencies.
2 • Need #3: Assist the vulnerable homeless population with rehabilitation services and basic physiological needs to help to prevent self-destructive and illegal behaviors.
The Opportunity
• Goal #1: In conjunction with the City, San Bernardino County Sheriff, and San Bernadino County Probation Department attempt to contact all homeless people residing within the City. We will begin contacting unhoused individuals within the first thirty (30) days following Council approval and receipt of funds. • Goal #2: Provide long term housing placement for eligible clients. Admission into our program is completely voluntary. Continued participation in our program is also voluntary and clients can withdraw at any time.
We have contracts with San Bernardino County service providers that allow us to house most individuals for up to one to two years.
• Goal #3: Molding Hearts leadership team will routinely contact homeless individuals within the City in hopes of identifying additional individuals ready to voluntarily receive services and begin their rehabilitation journey.
OUR PROPOSAL
Upon receiving funding, Molding Hearts will provide emergency placement of eligible and willing unhoused individuals, couples, or families within Twentynine Palms. Within 72 hours of identifying eligible City residents our case management team will complete a client intake form. From there we will start to work on finding long term housing solutions. We have licensed healthcare clinicians on staff to determine if a client has any healthcare needs that need to be addressed. We have drug and addiction counselors on staff which provide daily enrichment and quality of life activities. We offer three (3) meals and two (2) snacks a day, we also offer transportation to and from appointments, and employment opportunities. We offer 24/7 case management staff on site to help the clients navigate personal or professional challenges. Once we have identified stable housing, we will leverage our professional contacts to open the door to employment opportunities for those clients able to work.
Our goal is to provide opportunities for all of our clients to continue receiving the services that they need and deserve, versus abruptly dropping the client from our program. To provide the most appropriate client care, those under the control of authorities such as the drug court, probation department, mental health court, law enforcement agencies, and/or any other organizations overseeing the care of the client who violate their probation, violate our rules, or engage in any sort of criminal misconduct are referred to the corresponding authority for appropriate measures. Clients who are otherwise unrestricted citizens who commit any sort of criminal misconduct while receiving our services will be reported based on the nature of the misconduct. Clients who are otherwise unrestricted citizens who violate our rules will be engaged on a case-by-case basis with concerned guidance and supervision.
Execution Strategy
Our strategy incorporates proven methodologies, qualified personnel, and a responsive approach to managing deliverables. The following is a description of our approach, including how the program will be developed, along with an event timeline. When appropriate, we will provide the rationale behind some of the recommendations.
3 With a proven track record in providing viable long-term solutions to homelessness at the county level, we believe in a firm and direct approach with measurable outcomes. Our approach is simple: be direct and accountable. At Molding Hearts we don’t just address homelessness. We address the person as a whole and identify factors that would place the client at risk of becoming homeless again. We also seek to identify external triggers which could potentially lead a client to unwanted behaviors. Lastly, we offer an interdisciplinary team dedicated to client rehabilitation.
Project Deliverables
Following is a complete list of all project deliverables:
Deliverable Description
30 Days Molding Hearts will engage with homeless individuals in the City and work to provide temporary housing at approved locaOons within San Bernardino County. This engagement will include an iniOal intake assessment of the needs of eligible homeless individuals, as well as an overall assessment of the City’s unhoused populaOon. Molding Hearts will provide a report to City staff summarizing basic demographic informaOon of the individuals who have voluntarily accepted services and well as those who have declined services. All informaOon provided will be in compliance with applicable HIPPA laws. 60 Days Molding Hearts will provide City Staff with an update of housing soluOons for eligible clients. Molding Hearts will also provide a report outlining the following for residents being served: (i) educaOon efforts, (ii) employment status, and (iii) progress on rehabilitaOon.
120 Days If the City is saOsfied with the progress accomplished in Phase 1, Molding Hearts will work with the City to create a Phase 2 acOon plan.
Timeline for Execution
Key project dates are outlined below. Dates are best-guess estimates and are subject to change until a contract is executed.
Description Start Date End Date Duration
Phase 1- Total Timeline 12/15/2024 4/15/2025 120 Days
Milestone 1- Assess and document
needs of unhoused and vulnerable City
residents
12/15/2024 1/15/2025 30 Days
4 Milestone 2- Provide emergency housing
and begin case management
12/30/2024 02/15/2025 45 Days
Milestone 3- Long Term Housing
Placement
01/15/2025 03/01/2025 45 Days
Milestone 4- Monitoring of Clients/
Employment/ Rehabilitation
03/01/2025 03/30/2025 30 Days
Completion of Phase 1 12/15/2024 04/15/2025 120 Days
EXPECTED RESULTS
The goal of this collaborative relation is to reduce and ideally end homelessness within the City. Molding Hearts will stive to keep City funds local.
Pricing
Phase 1 Service Costs Costs
Milestone 1- Assess and document needs of unhoused and vulnerable City residents $1,500 Milestone 2- Provide emergency housing and begin case management $20,000 Milestone 3- Long Term Housing Placement $2,000
Milestone 4- Monitoring of Clients/ Employment/ Rehabilitation $1,000 Disclaimer: The prices listed in the preceding table are an estimate for the services discussed. Project costs can change if the City requests additional services.
CONCLUSION
We look forward to working with the City and supporting your efforts to end homelessness. We are confident we can meet the challenges ahead through continued collaboration with leading industry experts, key service providers, and county, state, and federal agencies.
If you have questions on this proposal, please contact me at [email protected].
Thank you for your consideration,
Lakita Johnson
Lakita Johnson, CEO
My name is Lakita Johnson, and I am the proud CEO/Owner of the non-profit organization, Molding Hearts.Org. Our headquarters are located inYucca Valley, which we proudly call home. Molding Hearts is a manifestation of my aspirations, founded on the principles of compassion and love. Since embarking on this journey in 2012, my primary goal has been to instill hope for a brighter future and foster dreams of happiness among those in need of aid.
Education manifests itself intwo distinct forms: formal and informal. Leveraging my credentials, Istrive to offer the best opportunities for my clients to rekindle their dreams. Sometimes, the solution is not found within the confines of a classroom but rather through real-world experiences. Molding Hearts instills hope by guiding individuals towards necessary resources, nurturing self- esteem, and providing a supportive environment akin to a family that promotes positive behaviors. When individuals feel a sense of belonging within a family they begin to recognize their self-worth. Mywork is not merely a profession; it is a realization of my dreams. Each morning, I awaken with a prayer of gratitude, thanking God for the chance to aid vulnerable individuals. Through the efforts of MoldingHearts.0rg, we strive to cultivate stronger and safer communities within Yucca Valley.
Lakita Johnson
387 Magnolia Ave Cell: 951-464-8587
Suite 103 -- 317
Corona, CA. 92879
Experience
Email: [email protected]
Molding Hearts.0rg
1/ 08 Present
Community Liaison
- Provide intensive services, supervision and support in a work environment. . Assist individuals with acquiring skills that promote self-esteem and independence.
Facilitate communication, encourage participation in recreation / leisure activities.
Assist with medication administration and coordinate all medical appoints.
Foster the attainment of the goals speci?ed in the ISP.
Working with individuals with developmental disabilities, intellectual disabilities and mental health disabilities
Licensed Adult Residential Consultant
2010-Present
Program Director] Group Home Program Administrator
- Responsible for planning, directing and managing the day-to-day operations of Adult residential facilities and Supportive living services programs - Responsible for ensuring the facility is in compliance with Title 22 regulations Staff Training and professional development.
Recruitment, appointment, evaluation of staff
Development of planning for new hire orientation
Review of complaints made by children and / or their authorized representative Assessment of facilityoperations and program
Preparation of facilitiesbudget and management of expenditures Responsible for menu planning and food service audits
Department of Mental Health contract oversight
Providing Staff Development and Training to outside group home agencies Community meetings Responsible for Fund Raising and sales
Working in conjunction withCommunity Care Licensing
Assistant to the Chief Executive Of?cer of the Agency. Responsibilities included:
Day to day operation and functioning of the Agency; responsible for developing and overseeing that the Agency policy and procedures are correctly implemented, followed and maintained.
California Mentor
10/08 -— 10/10 San BernardinoCA
Mentor
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- Responsible for planning, directing and managing the day-to-day operations of 2 clients in a home setting. - Responsible for ensuring the home is in compliance with Title 22 regulations - Responsibleforsite ?nancialsof consumers . Responsiblefor monthly trainingwithvarioustopics such as behavior management series, child development series. medication management. etc - Meeting with community members
Certificates
Adult Residential Facility Administrator
Behavior Management Series Part l 8. ll
HIV/ TB
CPR / First Aide
Self-Awareness I Boundaries
Train the Trainer (How to train)
PRO-ACT (Physical Assault Response Training) Trained
Preventing Behavior Problems
Child Abuse and Suspected Child Abuse Reporting
Understanding Behaviors | &2
Understanding Emotional Disorders
Behavior Modifying Drugs
Understanding Disruptive Behaviors
Developmentally Disabled
Understanding Sexually Transmitted Diseases
Client's and psychotropic medications
Application of behavior management techniques
Suicide Prevention &Awareness
independent Living Training
Mentalillness
FacilityResidence Management
Nutrition & Exercise Planning
Clients &psychotropic medication
Treatment Planning
Child Development Series Part I
Treatment Planning
Casework Management for providers
Teaching Values to Children '
Functional Behavioral Analysis Partl & ll
Organizing Perceptions of Reality & Identity
Confronting Unacceptable Behavior with Conduct Disorder References: Available upon request.
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State ef Caitfemia
Secretary of State
I, DEBRA BOWEN, Secretary of State of the State of
California, hereby certify:
That the attached transcript of ,' page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct.
1N WITNESS WHEREOF, i execute this
certificate and affix the Great Seal of the
State of California this day of
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DEBRA BOWEN
Secretary of State
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MOLDING HEARTS ORG
% LAKITA JOHNSON
387 MAGNULIAAVE STE 105 # 517
CORONA CA 92879—3508
Employer ID number: 26—3863657
Form 990 required: YES
Dear Taxpayer:
we‘re responding to your request dated May 08, 2019, about your taxeexempt status.
We issued you a determination letter in May 2009, recognizing you as taX*exempt under Internal Revenue Code (IRC) Section 501(c) (3).
We also show you're not a private foundation as defined under IRC Section 509(a) because you're described in IRC Sections 509(a)(1) and l7?(b)(l)(A)(Vi).
Donors can deduct contributions they make to you as provided in IRC Section 170. You're also qualified to receive tax deductible bequests. legacies, devises, transfers. or gifts under IRE Sections 2055, 2106, and 2522.
In the heading of this letter, we indicated whether you must file an annual information return. If you're required to file a return, you must file one of the following by the 15th day of the 5th month after the end of your annual accounting period:
— Form 990, Return of Organization Exempt From Income Tax — Form 990EZ, Short Form Return of Organization Exempt From Income Tax
— Form 99D—N, Electronic Notice (e~Postcard) for Tax—Exempt Organizations Not Required to File Form 990 or Form 990-EZ — Form 99D—PF, Return of Private Foundation or Section 4947(aJKl) Trust Treated as Private Foundation
According to IRC Section 6053(j), if you don't file a required annual information return or notice for 3 consecutive years, we'll revoke your tax—exempt status on the due date of the 3rd required return or notice.
You can get IRS forms or publications you need from our website at www.irs.gov/forms—ouos or by calling sou—TAX—FORM (800-829—5676).
If you have questions, call 877—829-550D between 8 a.m. and 5 o.m.,
0752884911
May 17; 2019 LTR 4168C 026-3863657 000000 00
00047768
MOLDING HEARTS ORG
% LAKITA JOHNSON
387 MAGNDLIA AVE STE 103 # 517CORONA CA 92879—3308local time, Monday through Friday (Alaska and Hawaii follow Pacific Thanktime).
you far your cuoperatiun.
Sincerely yours,
?m?
Teri M. Johnson
Operations Manager, AM Ups. 3
STATEOF CALIFORNIA
FHANCHBETAXBOARD
PO BOX 1286
RANCHO CORDOVA CA 95741-1286
In reply refer to
755:AFF:ARJ
October 6, 2009
MOLDING HEARTS ORG
LAKITA TERRELL JOHNSON
1002 MEADONVIEN CT
CORONA CA 92880-1204
CHARITABLE
237Dld
Corporation
December 31
3135961
Purpose
Code Section
Form of Organization
Accounting Period Ending
Organization Number
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EXEMPT ACKNOWLEDGEMENT LETTER
This letter acknowledges that the Franchise Tax Board (FTB) has received your federal determination letter that shows exemption under Internal Revenue Code (IRC) Section 501(c)(5). Under California law. Revenue and Taxation Code (R&TC) Section 23701d(c)(1) provides that an organization is exempt from taxes imposed under Part 11 upon submission of the federal determination letter approving the organization's tax-exempt status pursuant to Section 501(c)(3) of the IRC.
The effective date of your organization's California tax-exempt status is 12/08/2008.
R&TC Section 25701d(c)(1) further provides that the effective date of an organization's California tax—exempt status is the same date as the federal tax-exempt status under IRC Section 501(c)(3).
Under RxTC Section 23701d(c), any change to your organization's operation. character, or purpose that has occurred since the federal exemption was originally granted must be reported immediately to this office.
Additionally. organizations are required to be organized and operating for
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To Whom It May Concern:
As the San Bernardino County Supervisor for the Third District, I am writing this letterto strongly recommendyour support of the Molding Hearts organizationrun by Executive Director Lakita Johnson. _
'
Molding Hearts provides crucial shelter care servicesfor our TransitionalAge Youth clientsin the City of Yucca Valley. Lakita is providing these servicesin an area where they are needed most. The Morongo Basin is a rural community whereservices are dif?cult to ?nd and even harder to access. I applaud Lakita and the staff at Molding Hearts for their dedicationto the communities they serve.
I support and recommendthe organization Molding Hearts in its mission to improve lives by establishing quality relationships with our youth to promote stability, support, friendshipand community. Should you have any questions, or need additional information, please contact me at (909) 387—4855.
Jar es C. Ramos
Third District Supervisor
County of San Bernardino
San BernardinoCountyGovernmentCenter- 385 NorthArrowheadAvenue.FifthFloor- SanBernardinn,CA 92415-0110 - (909)337-4355
communes;
HEALTH
CAPITOL OFFICE NATE CAPITOL
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92374 SENATOR. TWENTY-THIRD DISTRICT :‘gfg‘??i?j’?'sgifcg TEL (909) 501-5040 FAX (909) Elm-Sal 5
Molding HeartsOrg
14450 Navajo Road
Apple Valley CA, 92307
RE:Molding Hearts?rg:
I write to express my gratitude to Molding Hearts.0rg for the service you provide to transient young adults in the community.
Molding HeartsOrg, located in Apple Valley, assists homeless young adults with transitional housing in San Bernardino County via three sites in the High Desert.
Aunique organization, Molding Hearts provides a sense of community, a decent quality oflife, and empowerment to young adults age 18-26. Here, the goal is to educate, help ?nd employment, and offer a support system as they transition into themainstream.Byproviding an opportunity forthese young adults to live in an enriching, clean, digni?ed environment, Molding Hearts helps them integrate into the community at large.
I consequently offer my thanks to MoldingHearts.0rg.The assistance received enablesthese homeless, disenfranchisedyoung adults to set and pursue positive personal goals, thus giving them the opportunity to become productive adults and upright members of their communities.
Sincerely,
MIKEMORRELL
State Senator, 23rd District
,31,
_. Molding Heartsone day at a time
General Responsibilities
1. Be able to provide one or both of the following: emergency shelteriup to the following business day) or transitional housing (up to 12 months) The entire length of stay the County willpay willnot exceed the term ofthe individual’sprobation supervision grants, unless prior permission has been obtained in writing from the Probation Department.
Molding Hearts Org can provide one or both of the following: emergency shelter (up to the following business day) or transitional housing (up to twelve months). The entire length of stay the County will pay will not exceed the term of the individual‘s probation supervision grant, unless prior permission has been obtained in writing from the Probation Department.
2. Be able to meet the housing needs of one (1) of the following: men, women, parent nd child/children.
The offenders housed in the facility will be under supervision for their last offense(s), which can include supervision under Pretrial, Probation, Mandatory Supervision and/or Post Release Community Supervision (PROS) for a variety of felony offenses. Proposers that can house physically or mentally disabled individuals, willbe required to follow the guidelines and definitions as set forth in the Americans with DisabilitiesAct (ADA).The Proposer must demonstrate their ability to follow ADArequirements and reasonable accommodations shall be made foe participants with disabilities.
Molding Hearts Org will be able to meet the needs of the housing needs of one (i) of the following: men, women. The offenders housed in the facility will be under supervision for their last offense(s). which can include supervision under Pretrial, Probation, Mandatory Supewision and/or Post Release Community Supervision (PROS) for a variety of felony offenses.
3. Provide an environment which is conductive to successful completion of an offenders’ supervision, alcohol and drug free environment (other than those medications prescribed by a medical professional, and a comprehensive police to ensure the proper storage and dissemination of prescribed medications), accessible to public transportation. and a reasonably safe living environment for all individualhoused.
Molding Hearts Org can provide an environment which is conducive to successful completion of an offenders' supervision, alcohol and drug free environment (other than those medications prescribed by a medical professional, and a comprehensive policy to ensure the proper storage and disseminationof prescribed medications), accessible to public transportation, and reasonably safe livingenvironment for all individuals housed.
4.Provide the County and the offender with a written copy of the House “Rules, Expectations and Grievance" procedure, This should be provided with 24 hours of the placement of the offender with written confirmation of the probationer receiving a copy of the "Ruies, Expectations and Grievance” procedure. The document must include what steps will be taken inthe event the offender is in violation of the written rules and any drug/alcohol probation violations shall be reported to the probation department within24 hours or the next business day. Additionally.the grievance procedure must be ciearly posted at the housing location.
Molding Hearts Org will provide the County with a written copy of "House Rules Expectations and Grievance ” procedure. This should be provided within 24 hours of the replacement of the offender with written confirmation of the probationer receiving a copy of the "Rules Expectations and Grievance“ procedure. The document will include what steps will be taken in the event the offender is in violationof the written rules and drug/alcohol probation violations shall be reported to the probation department .51-
MoidingHearts one day at a time
within24 hours or the next business day. Additionally, the grievance procedure must be clearly posted at the housing location,
5, Ifthe offender must be removed from housing, the Proposer must contact the Housing Monitor/ProbationHousingSupervisor the following business day. The offendermust be directed to report to the probation department no later thn the next business day. The Proposer shall also, within 48 hours of the removal, provide the County with an exit/incident report giving an account and the reason(s)as to why the offender was removed from housing. Additionally, should an offender choose to self—dischargefrom housing, the Proposer shall also, within 24 hours of the discharge. provide the County with an exit/incident report giving an accunt and, if known, the reason(s) as to why the offender chose to leave the program.
Molding Hearts Org understands if the offender must be removed from housing, MoldingHearts Org will contact the Housing Monitor/Probation Housing Supervisor the following business day. The offender must be directed to report to the Probation department no later than the next business day. Molding Hearts Org willalso, within 48 hours of the removal, provide the County with an exit/incidentreport giving an account and the reason(s) as to why the offender was removed from housing. Additionally, should an offender choose to self»discharge from housing, Molding Hearts Org will also within 24 hours of discharge, provide the County with an exit/incident report giving account and, if known, the reason(s) as to why the offender chose to leave the program.
6.Provide a 24 hour point of contact available to County representatives. The contact must be able and authorized to provide information regarding the offenders housed at the facility, provide availability of bed(s) when requested, and be authorized to accept new offenders into the facility.
Molding Hearts Org can provide a 24-hour point of contact available to County representatives. The contact will be able and authorized to provide information regarding the offenders housed at the facility, provide availability of bedis) when requested and be authorized to accept new offenders into the facility.
7. Inform the County, in writing, of any current or future employee who has a felony criminalrecord and the nature of the record prior to working with the offenders. The County must approve, in writing, the employee working with offenders or having access to the offender's personal identifying information.
Molding Hearts Org understands it must inform the County, in writing, of all current or future empioyee(s) who has a felony criminal record and the nature of the record prior to working with offenders. The County must approve in writing the employee working with offenders or having access to offenders personal identifying information.
8. Be available for unannounced visits.monitoring and inspections by the County. The County will monitor the offenders housed at the facility on an ongoing basis. The proposed are or its staff must be present for County visit.
Molding Hearts Org will be available for unannounced visits, monitoring and inspections of the County. The County willmonitor the offenders housed at the facility on an ongoing basis. Molding Herts Org and its staff will be present for County visits.
.52.
“A
Molding Hearts one day at a time
9. Maintaininga weekly report that includes, but is not limited to: the number of offenders housed that week, the number placements terminated and/or removed along with supporting documents(i.e. ln/Out slips) , the number of offenders that left without permanent housing(i.e became homeless again)and, the number of offenders successfully transitioned into permanent housing arrangements. Proposers must also identify any other occupants, including Parolees, self-pay, Department of Behavioral Health or other County offenders This report willbe submitted to the county on a weekly basis Molding Hearts Org will maintain a weekly report that includes but is not limited to: number of offenders housed that week, the number placements terminated and/or removed along with supporting documents. The number of offenders that left without permanent housing (i.e., became homeless again).
The numbers of offenders successfully transitioned into permanent housing arrangements. Molding Hearts Org willalso identify any other occupants including parolees. self—pay,Department of Behavioral Health or other County offenders. This report will be submitted to the County on a weekly basis.
10. Support and assist the offender with meeting milestones to promote independent, self—reliantand self—sufficiency.The Proposer will receive a copy of the Ninety (90)day transition plan and assist in obtaining goal set by the county and the offender.
Molding Hearts Org agrees to support and assist the offender with meeting milestones to promote independence, self-reliance and self—sufficiency, Molding Hearts Org will receive a copy of the Ninety (90) Day Transition Plan and assist in obtaining goals set by the County and the offender.
11.Be available to attend quarterly provider meeting scheduled by the county, to discuss any concerns, issues, or items dealing with the housing of offenders.
Molding Hearts Org will be available to attend quarterly provider meetings scheduled by the County, to discuss any concerns, issues, or items dealing with the housing of offenders.
12. Provide the County, in writing. information of any additional facilities that are to be used to house offenders prior to placing offenders at a new residence. The housing shall be inspected and approved by the county prior to use.
Molding Hearts Org willprovide the County, in writing. information of any additional facilities that are to be used to house offenders prior to placing offenders at the new residence. The housing shall be inspected and approved by the County prior to use.
13. Provide basic hygiene products to the probation offender upon intake. These products include, but are not limited to: personal soap, toilet paper, toothbrush, toothpaste, shampoo, deodorant, sheets, blankets, access and use of the laundry appliances.
Molding Hearts Org willprovide basic hygiene products to the probation offender upon intake, these products include but are not limitedto: personal soap, toilet paper, toothbrush, toothpaste, shampoo, deodorant, sheets, blankets, access and use of the laundry appliances.
14.Ensure all emergency and safety equipment is tested monthly and quarterly drills are performed with results documented and available for review by the County, _53_
Molding Hearts one day at a lime
Molding Hearts Org ensures all emergency and safety equipment is tested monthly and quarterly drills are preferred with results documented and available for review by the County.
15. Ensure all houses are maintained in a clean, safe, secure, and sanitary living environment and remain compliant in accordance with federal.state, and local laws. Allrepairs which affect the health and safety of the offenders/ participants shall be completed within twenty-four (24) hours of discovery.
Molding Hearts Org ensures all houses are maintained in a clean, safe, secure, and sanitary living environment and remain compliant in accordance with federal, state, and local laws. Allrepairs which affect the health and safety of the offenders/participants shall be completed within twenty-four (24) hours of discovery.
16.Ensure all houses are equipped with emergency lighting. at a minimum, in the main entrance and exit corridors and shall be operational at all times.
Molding Hearts Org understands it must ensure all houses are equipped with emergency lighting. at a minimum, in the main entrance and exit corridors and she‘ll be operational at all times.
17. Ensure all facilities are equipped with and regularly tested smoke detector, carbon monoxide and fire extinguisher. At a minimum, both smoke detectors and ?re extinguishers shall be placed in: common areas, kitchen / break rooms.sleeping areas. laundry. garage, maintenance and storage areas.
Molding Hearts Org ensures all facilities are equipped with and regularly tested smoke detectors, carbon monoxide and fire extinguishers. At a minimumfor smoke detectors and fire extinguishers shall be placed in: common areas, kitchen Splash break rooms.sleeping areas, laundry, garage, maintenance and storage areas.
18. Ensure the development and maintenance of clear, consistent and site-specific emergency evacuation diagrams. which shall be posted throughout the facility to include the following: Identification of the "You are Here“ location that is compatible with the housing floor plan; and location of building exits, fire extinguishers and first aid supplies.
Molding Hearts Org ensures the development and maintenance of clear, conscious and site specific emergency evacuation diagrams, which shall be posted throughout the facility to include the following; identificationof the “YouAre Here" location that is compatible with the housing floor plan. Itwilllistthe location of all building exits. fire extinguishers. and first aid supplies.
19. Ensure all houses have fully stocked First Aid Kit readily available throughout the house. The telephone numbers of all local emergency services agencies shall be posted and readily available. The Proposer must also ensure there is an operational landline available for regular and emergency use to make contact with local emergency services or 9»1~1.
Molding Hearts Org ensures all houses have fully stocked First Aid Kits readily available throughout the house. The telephone numbers of all local emergency service agencies will be posted and readily available. Molding Hearts will also ensure there is an operational landline available for regular and emergency use to make contact with local emergency services or 9-1—1. .54.
« «i Molding Hearts one day ata time
20. Ensure the houses furnishings, equipment and appliances function and are replaced when necessary.
Molding Hearts Org ensures the houses furnishings, equipment and appliances function and are replaced when necessary.
21. Post "NO SMOKING" signs in all sleeping areas, livingareas. designated visiting areas, and in the main entrance of the house in full view of participants, staff and visitors.
Molding Hearts Org has posted “NO SMOKING“signs in all sleeping areas, living areas, designated visiting areas, and in the main entrance of the house in full view of participants, staff and visitors,
22. Ensure all facilities have a secured maintenance room/closet or cabinet for storage of cleaning supplies, tools and equipment. Flammable substances such as gasoline, kerosene, and paint thinner she'll be stored outside the house in approved containers behind locked, properly ventilated, and labeled fireproof cabinets.
Molding Hearts Org understands all facilities have to have a secured maintenance room closet or cabinet for storage of cleaning supplies, tools and equipment. Flammable substances such as gasoline, kerosene, and paint thinner she‘ll be stored outside the house in approved containers behind locked, properly ventilated, labeled fireproof cabinets.
23. Ensure that food prepared on site shall be done so in a kitchen with adequate workspace and a functional stove, microwave oven, refrigerator, and freezer. Staff preparing food shall be cleared or food handling and instructed in the requirement for sanitation and cleanliness before handling food.
Molding Hearts Org ensures food is prepared on site and shall be done so in a kitchen with adequate workspace and a functional stove, microwave oven, refrigerator, and freezer. Staff preparing food shall be cleared for food handling and instructed in the requirements forsanitation and cleanliness before handling food.
24.Ensure that allfood items are properly stored in accordance with packaging instruction food shall be kept off the floor. All cleaning solvents, detergents and supplies shall be stored separately and away from food, cooking supplies, and serving utensils.
Molding Hearts Org ensures that all food items are properly stored in accordance with packaging instructions. Food shall be kept off the floor. All cleaning solvents, detergents and supplies shall be stored separately and away from food, cooking supplies, and serving utensils.
25. Ensure all houses have secured file storage for maintenance of personal information of offenders.
Molding Hearts Org understands and agrees that all houses have secured file storage for maintenance of personal information of offenders.
26. Complete their monthly billing by the 20th of the following month proposed Rochelle bill for each overnight stay at the facility.
,55,
r.
Molding Hoarlsone day ala time
Molding Hearts Org will complete their monthly billing by the 20th of the following month. Molding heart shell billfor each overnight stay at the facility.
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About Amenities
We provide lowcost housing for the souls that 0 Food ' Laundry ROOF“ are lostand shattered. We have 3 locations in
L - WlFI - House Supplies
‘ Yucca Valley. Ca and 3 other sites in 0 Phone 0 FullHouse California. 0 Cable Access
Mission Statement
“Our mission is to end homelessness in the San Bernardino County by providing compassionate and comprehensive housing solutions for vulnerable individuals We offer emergency transitional. and shared permanent housing torsouth exitingfoster care i01mu 1)incarceratedindiw’duals andthose experiencing homelessness. Th1ough a Supportive and empowel ing enviionment, we strive to foster stability, self-suf?ciency.- and a sense of belonging. ensuring everyone can rebuild their lives and achieve their full potential." Contact
951-464-858 7
[email protected] .
*Call us to discuss alternative care options (Pricing may vary)
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Molding Hearts
Results: 1
© 2024 CA Secretary of State
MOLDING HEARTS, ORG.
(3135961)
l3.
Request Certi?cate
Initial FilingDate
Status
Standing - SOS
Standing - FTB
Standing - Agent
Standing - VCFCF
Formed ln
Entity Type
PrincipalAddress
MailingAddress
Statementoflnfo
Due Date
Agent
12/08/2008
Ac?ve
GoodGoodGoodGoodCALIFORNIA
Non rofit Corporation - CA - Pub ic Benefit
387 MAGNOLIA AVE
SUITE 103-317
CORONA, CA 92879387 MAGNOLIA AVE SUITE
103-317
CORO NA,CA92879
12/31 /2024IndividualLAKITAJOHNSON
387 MAGNOLIAAVE 103-317CORONA, CA 92879
STATE OF CALIFORNIA
FRANCHISE TAX BOARD
PO BOX 942857
SACRAMENTO CA 94257-0540
Entity Status Letter
Date:
ESL ID:
Why You Received This Letter
According to our records, the following entity information is true and accurate as of the date of this letter.
Entity ID:
Entity Name:
1. The entity is in good standing with the Franchise Tax Board.
2. The entity is not in good standing with the Franchise Tax Board.
3. The entity is currently exempt from tax under Revenue and Taxation Code (R&TC) Section 23701
4. We do not have current information about the entity.
5. The entity was administratively dissolved/cancelled on through the Franchise Tax Board Administrative 'issoOution Srocess
,PSortDQt ,QIorPDtioQ
• This inIormation does not necessariO\ reIOect the entit\ s current OegaO or administrative status Zith an\ other agenc\ oI the state oI &aOiIornia or other governmentaO agenc\ or Eod\ • ,I the entit\
s SoZers rights and SriviOeges Zere susSended or IorIeited at an\ time in the Sast or iI the entit\ did Eusiness in &aOiIornia at a time Zhen it Zas not TuaOiIied or not registered to do Eusiness in &aOiIornia this inIormation does not reIOect the status or voidaEiOit\ oI contracts made E\ the entit\ in &aOiIornia during the Seriod the entit\ Zas susSended or IorIeited 5 T& 6ections
a
• The entit\ certiIicate oI revivor ma\ have a time Oimitation or ma\ Oimit the Iunctions the revived entit\ can SerIorm or Eoth
5 T& 6ection E
Connect :itK 8s
Web:
3hone:
ftb.ca.gov
800-852-5711 Irom am to Sm ZeeNda\s exceSt state hoOida\V 916-845-6500 from outside the United States
&DOLIRUQLD
5HOD\ 6HUYLFH: RU 00--
)or persons with hearing or speech impairments
FTB 4263A WEB (5(9
8180568985
10/30/2024
3135961
MOLDING HEARTS, ORG.
✔
✔ d.
DOJ has not required Molding Hearts to register. After speaking to DOJ on 11/5/2024, Molding Hearts opted to register. Registration paperwork was submitted to DOJ on 11/5/2024.
KAMALA D. HARRIS
Attorney General
State of California
DEPARTMENT OF JUSTICE
Doc CT-400 Notification
1300 I Street
P. O. Box 903447
Sacramento, CA 94203-4470
Telephone: (916) 445-2021 Ext. 4
Fax: (916) 444-3651
E-Mail Address: [email protected]
April 7, 2015
MOLDING HEARTS, ORG.
10808 FOOTHILL BLVD
RANCHO CUCAMONGA CA 91730
CT FILE NUMBER: App# 1376307
NOTICE TO REGISTER
We have received information indicating that this organization may be subject to the registration and reporting requirements in sections 12585 and 12586 of the California Government Code. The following items must be submitted in order for this office to make a determination concerning the above captioned entity’s compliance with the law and regulations:
1. A completed and signed CT-1, Initial Registration Form, and all required attachments.
2. A $25.00 registration fee, made payable to the Department of Justice, is required for initial registration. Please indicate the file number listed at the top of the letter on the payment.
3. A copy of the executed Articles of Incorporation stamped with corporate number 3135961. Please also include copies of any amendments to the founding document. A copy of the founding articles may be requested from the Secretary of State at 916-657-5448 or www.sos.ca.gov/business/be.
4. Our office cannot accept the RRF-1 form and check 9519303740 received on 03/26/2015 because your organization is not registered with the Attorney General's Registry of Charitable Trusts. You may resubmit these materials once your organization completes the registration process. Please submit the information requested above.
Please visit our website at www.ag.ca.gov/charities for forms and additional information.
Please respond within 30 days from the date of this letter and include a copy of this letter with the above-described documents.
Sincerely,
Office Technician
Registry of Charitable Trusts
For KAMALA D. HARRIS
Attorney General
St MWW~WW~F£¢WEPWPMMW
72348 LarrewAve.
TwWyWPW CA 92277
Lakita Johnson
Director, Molding Hearts, Yucca Valley, CA
Dear Lakita,
On behalf of everybody here at St. Martin’s, I would like to thank you for your service to the community. Your immediate attention to our case, along with your kindness and generosity, made a difference in the community. You assisted an un—housedpersoninto comfortable housing, with love, support, and nourishment.
We were referred to you by San Bemardino Adult Protection Services (APS) that you had a vacancy that might be a ?t for our church member who lost everything in a ?re. Our church‘had exhausted our available assistance funds. Wait lists for low-income housing are long. The person being helped was facing being un—housed.
Your facility provides an amazing level of shelter, support, and sustenance at a cost approved by APS based on income. The cost per month includes a shared dormitory style apartment with three others, utilities, WIFI, free laundry, 3 meals p/day & snacks.
You and your staff pay personal attention to each case, including assisting with transition to more suitable facilities or individual low-income housing as it becomes available.
Again, thank you. We cannot repay your kindness, but please know that it is doing God’s work by building up the community.
Faithfully,
Steve Doutt,
Treasurer
760-403-8010 (personal cell)
1 of 3
Sunday, November 3, 2024 at 18:01:29 Pacific Standard Time Sunday, November 3, 2024 at 18:01:29 Pacific Standard Time Subject: Subject: Fw: [EXTERNAL] Molding Hearts.org: Request for information 2024-10-14 NO PHI Date: Date: Monday, October 21, 2024 at 10:43:35AM Pacific Daylight Time From: From: Faith Nicholson
To: To: Stone James
CC: CC: Lakita Johnson
Attachments: Attachments: image001.png
CAUTION: THIS EMAIL ORIGINATED OUTSIDE THE ORGANIZATION. DO NOT CLICK LINKS
OR OPEN ATTACHMENTS UNLESS YOU HAVE VERIFIED THE SENDER AND KNOW THE CONTENT IS SAFE. CAUTION
Good morning,
Thank you for reaching out. Molding hearts. Org has been partnering with the TAY center and our audlt FSP for several years. Personally, I have worked with her for close to two years. In that time, I have seen her go above and beyond for the homeless in our community. She does not just provide a shelter for them, she creates an environment of love, support, and understanding. Through our collaboration with Lakita and the molding hearts sta\ our clients have been able to thrive and move on to become very successful.
Lakita and her sta\ truly care about this community. I'm confident that the success of our clients was made possible by the support molding hearts has provided to them. If you have any other questions or need more information please feel free to reach out.
Kind regards,
Fai! Nicholson
Outreach Coordinator
(She/Her/Hers)
Valley Star Behavioral Health, Inc.
58471 Twenty-Nine Palms Hwy, Ste. 102
Yucca Valley, CA 92284
(760)853-4888 Ext. 675
From: Stone James <[email protected]>
Sent: Monday, October 14, 2024 9:17 PM
Cc: Lakita Johnson <[email protected]>
Subject: Subject: [EXTERNAL] Molding Hearts.org: Request for informaYon 2024-10-14 You don't often get email from [email protected]. Learn why this is important STOP & THINK!: This e-mail originated from outside of the organization.
2 of 3
Good evening,
The City of Twentynine Palms is working to provide homeless individuals within city limits support and a path out of homelessness. In our e\ort to serve our community, our City Council is considering a partnership with Molding Hearts.org.
Molding Hearts indicated they are working with or for your organization.
On behalf of our City Council and residents, we would appreciate any thoughts or experiences you or your organization has had with Molding Hearts.
I anticipate bringing Ms. Johnson’s funding request before City Council in early November.
Any feedback you can provide by October 25, 2024, October 25, 2024, to assist our Council in making their decision would be greatly appreciated. Your thoughts and opinions matter. I am including Ms. Johnson on this email so you can confirm the veracity of my request. You are welcome to respond to me directly or include Ms. Johnson in your response.
If you have any questions, I can be reached at 442-637-0903.
Thank you for your time and assistance as we all work towards helping elevate those who are su\ering most in our community.
Respectfully submitted,
Stone
Stone James, DPPD Stone James, DPPD
City Manager
City Hall: 760-367-6799;1004
Mobile: 442-637-0903
E-mail: [email protected]
Mailing Address: 6136 Adobe Road, Twentynine Palms, CA 92277 --
3 of 3
Partnering with People for PosiYve Change Partnering with People for PosiYve Change
16000 YUCCA ST. HESPERIA, CA 92345
Ph: 760 669-0300 | Fx: 760 669-0301
VICTOR VALLEY FAMILY RESOURCE CENTER
VVFRC.ORG THE SOLUTION FOR HOMELESSNESS
PROVIDE MENTAL, SOCIO-ECONOMIC AND EDUCATIONAL
SERVICES TO STRENGTHEN OUR COMMUNITY VVFRC.ORG
October 20, 2024
San Bernardino City and County
Continuum of Care
Nominating Committee
RE: Reference Letter for Ms. Lakita Johnson
To Whom It May Concern,
It is with great pleasure that I write this reference letter on behalf of Ms. Lakita Johnson, with whom I have worked closely in various leadership capacities. Lakita is a dedicated and highly skilled professional with significant experience serving vulnerable populations, including individuals with developmental, intellectual, and mental health disabilities. Her extensive experience, coupled with her commitment to fostering positive outcomes for those she serves, makes her an excellent candidate for a seat on the Interagency Council on Homelessness.
As a Community Liaison, Ms. Johnson provided critical services, supervision, and support to needy individuals, facilitating the development of key life skills that promote selfesteem and independence. She skillfully coordinated medical appointments, assisted with medication management, and encouraged participation in meaningful recreational activities. Her compassionate and client-focused approach helped individuals achieve the goals outlined in their Individual Support Plans (ISPs), fostering positive and lasting outcomes.
As a Licensed Adult Residential Consultant since 2010, Ms. Johnson demonstrated exceptional leadership in planning and managing adult residential facilities and supportive living service programs. She ensured full compliance with Title 22 regulations, recruited and developed staff, and maintained a strong focus on operational excellence.
Ms. Johnson also expertly navigated complex contracts with the Department of Mental Health, further underscoring her care management and administrative oversight expertise.
In her capacity as Program Director/Group Home Program Administrator, Ms. Johnson has consistently demonstrated exceptional leadership. She has led with integrity and an innovative mindset, developing orientation plans for new hires, reviewing and addressing complaints, and providing essential staff training to group home agencies. Her leadership and organizational skills have consistently stood out, allowing her to manage multiple responsibilities efficiently while maintaining a high standard of care for residents. Her leadership skills should give you confidence in her ability to lead and make decisions.
Ms. Johnson’s unwavering commitment to professional growth and the well-being of those she serves is further demonstrated by her numerous certifications in Behavior Management, HIV/TB Awareness, CPR/First Aid, and Suicide Prevention & Awareness. Her dedication to ongoing education, which is a testament to her commitment to providing the highest level of care, should reassure you of her dedication to excellence.
Given her extensive experience, strong leadership abilities, and dedication to supporting underserved populations, I am confident that Lakita Johnson would be an outstanding addition to the Interagency Council on Homelessness. She has consistently proven herself an invaluable asset in any capacity she undertakes. Please feel free to contact me if you require further information regarding her qualifications or character.
Sincerely,
Dr. Sharon Green
Executive Director of Victor
Valley Family Resource Center
Chair of Countywide Homeless
Provider/Partnership Network
Board Member the Interagency
Council on Homeless
Co-Chair of the High Desert
Regional Steering Committee
760-887-1909
760-669-0300
STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Nov 12 2024
SUBJECT: Planning for a Brighter Future: Aligning Future Goals with Present Day Actions.
RECOMMENDATION:
The City Council authorize the City Manager to negotiate and enter into a contract for professional services with Moore Iacofano Goltsman, Inc. (MIG) to conduct a comprehensive long-term strategic planning initiative for an amount not to exceed $36,360.00.
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 (roll call or voice vote)
ATTACHMENTS:
• 2024-10-08 MIG 29 Palms
Strategic Plan_Prof Svcs_MIG
Proposal_10-8-24
• 2024-11-01 JGA Proposal for
Twentynine Palms Org Dev
Services[54]
BACKGROUND:
Every two years, the City Council and City Staff come together to identify initiatives the City Council would like accomplished in the immediate future. This approach has resulted in notable accomplishments over the City’s 37-year history. While there is merit in this approach, project cost, complexity, and time-to-complete have only increased. A two year-at-a-time planning approach lends itself towards more linear advancements and neglects long-term visioning and value creation. Short term planning seldom creates dynamic long-term results.
The City is fortunate to have a dedicated and committed City Council and equally passionate Staff focused on helping Twentynine Palms become the best version of itself. As Mayor Bilderain points out, growth is inevitable. In fact, without economic and social growth, communities wither. The nationally recognized and beloved In N Out Burger is an excellent example of an organization which has evolved, grown in size and financial strength, yet has never deviated from its core values and products. You can enjoy the same high-quality meal today as you could 40 years ago. Twentynine Palms has a similar opportunity.
Tonight’s proposal is to engage an experienced strategic planning firm to help lead the City Council, Staff, and community in creating a cohesive long-term vision. Once the right long-term vision is set, the consultant will help establish the shorter-term goals and steps needed to achieve the long-term vision.
Staff has obtained two proposals, both from reputable and experienced firms. While the respective consulting companies take different approaches, the end goal remains the same: create a financially stable, economically resilient, and socially equitable future while preserving the character which makes Twentynine Palms one of the last real desert cities.
Staff is recommending that the City Council move forward with the MIG consulting group. In order to be prepared for a productive Q1 2025 planning session, Staff will need to engage and begin working with the planning consultant this month.
ENVIRONMENTAL:
N/A
ALTERNATIVES:
The City Council could choose to:
1. Move forward with the $100,300 proposal from Jacob Green;
2. Modify the MIG contract to increase or decrease their proposed scope;
3. Take no action.
FISCAL IMPACT:
There are funds within the nondepartmental misc account which would be used to cover the cost of this $36,360.00 engagement.
October 8, 2024
Stone James, DPPD
City Manager
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
Via email: [email protected]
RE: Scope of Work for Strategic Planning Services
Dear Stone:
Moore Iacofano Goltsman, Inc. (MIG), is pleased to submit this proposed scope of services to support the City with the development of a five-year Strategic Plan. As the City of Twentynine Palms continues to deliver services, programs, and initiatives that respond to the needs of the community, staff is engaging and collaborating with the City Council to ensure efficiencies, sound management, and fiscal solvency. Looking forward to planning for the next fiscal year, the city is considering the development of a Strategic Plan that will articulate a shared community vision and a set of goals for the city to implement strategic priorities that align with the annual budget. The process to develop the Strategic Plan will need to include opportunities to engage with the City Council and executive staff in a series of visioning and goal-setting activities.
To support the City of Twentynine Palms with developing a five-year Strategic Pan, MIG is providing the following proposed scope of work and fee. This proposed approach is a baseline, and the scope items can be modified based on the city's specific needs and resources. I am available to discuss the contents of this proposal. I look forward to MIG's approach with you in more detail.
Following is a proposed scope of services and cost estimate that outline how MIG will support this effort from November 2024 through June 2025.
Task 1: Project Initiation and Team Meetings
MIG will meet over video conference with the City Manager’s Office and key staff for the Project Initiation Meeting to review the project scope, schedule, and budget, as well as discuss expectations for the project, identify key issues to address, and confirm roles and responsibilities for all those involved. The meeting will also include time for staff to share their perspective regarding strengths, assets, challenges, and opportunities for the near and long term. The City Manager’s Office will be responsible for coordinating the planning process and upcoming activities with MIG and will review draft deliverables prior to advancing to subsequent activities/reviews. MIG and the City Manager’s Office will meet approximately every two weeks for the duration of this effort in video-conference meetings to conduct on-going planning and coordination.
Following each meeting, MIG will provide a list of outcomes and next steps.
Scope: Goal-Setting and Five-Year Strategic Plan City of Twentynine Palms 10/8/24
Prepared by MIG, Inc. 2
During the project, the MIG Project Manager will communicate regularly by videoconference, phone, and email with the City Manager other designated city staff to review progress, discuss emerging issues and plan for upcoming project activities. This task also encompasses contract administration, invoicing, scheduling and other support functions designed to ensure the timely delivery of services.
Task 1 Deliverables:
1. Attendance at one (1) Project Initiation Meeting (video conference) and bi-weekly project team video conference meetings (10)
2. Regular electronic and phone communications, as needed
3. Project management: administration, invoicing and workload Task 2: City Council Interviews
MIG will conduct five (5) one-on-one, one-hour interviews with the Mayor and City Council. The purpose of the interviews is to understand each member’s perspectives about the City’s strengths, assets, challenges, and opportunities for the near and long term. MIG will develop the questions in coordination with the City Manager’s Office. City staff will coordinate the interview schedule with City Council members based on MIG’s availability. MIG will conduct the interviews by phone/videoconference and summarize the outcomes in a memorandum.
Task 2 Deliverables:
1. Draft and final interview questions
2. One-on-one interviews with the Mayor and City Council via phone/video conference (5)
3. Summary memorandum of key findings and discussion points Task 3: City Council Workshop #1: Visioning and Emerging Priorities MIG will design the approach and lead facilitation for the first workshop (in-person) with the City Council.
The purpose of the workshop will be to review high-level findings across the City Council interviews and early discussions with City staff regarding strengths, assets, challenges, and opportunities for the near and long term. The workshop will also focus on the City Council’s long-term perspectives, focusing on their desired outcomes across the breadth of civic life in Twentynine Palms.
MIG will define the workshop objectives and design the agenda, presentation materials, and facilitation approach in coordination with the City Manager’s Office. MIG will serve as the workshop facilitator and will record discussion points on a large, wall-sized “wallgraphic” in real-time during the workshop. MIG and City staff will coordinate a date and time for the 3-hour workshop to occur during the annual goal setting meeting at City Hall or another public facility as coordinated by City staff. After the workshop, MIG will summarize the workshop key findings and discussion points in a memorandum.
Task 3 Deliverables:
1. Draft and final workshop agenda, presentation materials, and facilitation approach
2. In-person facilitation and graphic recording at one (1) 3-hour workshop
3. Summary memorandum of key findings and discussion points and photocopies of workshop notes Task 4: Executive Staff Workshops (2)
MIG will collaborate with the City Manager’s Office in designing an approach and agendas for up to two (2) workshops with City executive staff members. The purpose of the workshops will be to engage executive staff in reviewing City Council’s emerging vision and goals for the City’s future, and identifying strategies and near-, mid-, and long-term actions to implement the vision. Additionally, the workshops can also be designed to support team-building and inter-departmental collaboration among executive staff, focusing on uncovering
Scope: Goal-Setting and Five-Year Strategic Plan City of Twentynine Palms 10/8/24
Prepared by MIG, Inc. 3
their shared values, identifying their strengths and assets, and considering new approaches to managing their limited resources while getting results. Tentatively, the focus of each workshop could be as follows:
1. Emerging Vision and Priorities: Potential Approaches, Strategies and Projects
2. Draft Vision and Goals: Recommended Projects and Phasing (prior to Council Workshop #2) For each workshop MIG will define the workshop objectives and design the agenda, materials, and facilitation approach in coordination with the City Manager’s Office. MIG will serve as the workshop facilitator and will use digital white boards, city maps, and other methods to facilitate and record ideas, discussion points and workshop outcomes. MIG and City staff will coordinate dates and times for the 2-hour workshops. MIG’s fee estimate for this task includes conducting two (2) workshops via video conference.
After each workshop, MIG will summarize the workshop key findings and discussion points in a memorandum.
Task 4 Deliverables for Each Workshop:
1. Draft and final workshop agenda, presentation materials, and facilitatoin approach
2. Video conference attendance at two (2) 2-hour workshops, and
3. Summary memorandum of key findings and discussion points for each workshop (2) Task 5: Draft and Final Strategic Plan
MIG will collaborate with the City Manager’s Office in developing the draft Strategic Plan that includes vision, goals, strategic priorities, and action plan. MIG proposes an iterative approach throughout this process. Essentially, the outcomes of each workshop and meeting described in the previous tasks will inform development of the draft Strategic Plan. Throughout this process and in close coordination with the City Manager’s Office, MIG will create, expand, and refine these elements, initially as a “framework” or outline document, followed by a fully developed narrative/descriptions. If desired by the City, MIG could package the Strategic Plan in an illustrative format.
Ultimately, the final product is proposed as an accessible, visually-oriented, and compelling format that illustrates the City’s new vision, goals, and long-term priorities. MIG will develop the initial framework/outline over two drafts, followed by the complete Strategic Plan in three (3) drafts:
Administrative Draft, Draft, and Final Draft. All drafts will be provided to the City in electronic formats, including the native files at the completion of the process.
Task 5 Deliverables:
1. Initial framework/outline of the working draft Strategic Plan
2. Admin Draft Strategic Plan
3. Draft Strategic Plan
4. Final Strategic Plan
Task 6: City Council Workshop #2: Draft Strategic Plan
MIG will design the approach and lead facilitation for the second workshop (in-person) with the City Council. The purpose of the workshop will be to review the Draft Strategic Plan and facilitate City Council input and revisions to be included in the Final Strategic Plan. MIG will define the workshop objectives and design the agenda, presentation materials, and facilitation approach in coordination with the City Manager’s Office. MIG will serve as the workshop facilitator and will record discussion points on a large, wall-sized “wallgraphic” in real-time during the workshop. MIG and City staff will coordinate a date and time for the 2- hour workshop to occur at City Hall or another public facility as coordinated by City staff. After the workshop, MIG will incorporate revisions into the Final Strategic Plan as part of Task 5.
Scope: Goal-Setting and Five-Year Strategic Plan City of Twentynine Palms 10/8/24
Prepared by MIG, Inc. 4
Task 6 Deliverables:
1. Draft and final workshop agenda, presentation materials, and facilitation approach
2. In-person facilitation at one (1) 2-hour workshop
The maximum total for tasks outlined above is $30,300.00. as described in detail in the attached project budget. This is a maximum amount not to be exceeded unless you authorize a change to the scope of work.
We look forward to discussing this proposal and how we can best work with you. If you should have any questions, please feel free to contact me at [email protected] or 626.744.9872.
Sincerely,
MOORE IACOFANO GOLTSMAN, Inc.
Esmeralda García
Principal
MIG, Inc. Twentynine Palms - Strategic Planning Services | Fee Proposal Twentynine Palms I Strategic Planning Services
Hrs@ $235 Hrs@ $150 Hrs@ $125 Hrs@ $100
Task 1: Project Initiation and Project Management
1.1 Project Initiation and Team Meetings 20 $4,700 4 $600 4 $500 4 $400 32 $6,200 $0 $6,200
1.2 City Council Interviews (5) 2 $470 12 $1,800 0 $0 0 $0 14 $2,270 $0 $2,270
1.3 City Council Workshop #1 Visioning and Emerging Priorities 16 $3,760 0 $0 0 $0 4 $400 20 $4,160 $300 $4,460
1.4 Executive Staff Workshops (2) 8 $1,880 12 $1,800 2 $250 4 $400 26 $4,330 $0 $4,330
1.5 Draft and Final Strategic Plan 8 $1,880 40 $6,000 4 $500 2 $200 54 $8,580 $0 $8,580
1.6 City Council Workshop #2 Draft Strategic Plan 16 $3,760 0 $0 0 $0 4 $400 20 $4,160 $300 $4,460 Subtotal 70 $16,450 68 $10,200 10 $1,250 18 $1,800 166 $29,700 $600 $30,300 70 $16,450 68 $10,200 10 $1,250 18 $1,800 166 $29,700 $600 $30,300 $30,300
Professional
Fees
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Direct
Costs
MIG Labor
Totals
Project
Associate
Project
Admin/Assistan
e s t i m a t e d p r o j e c t c o s t
E. García
Subtotal Professional Time and Costs
Total Project Costs
Principal-inChargeStratgic Planner
NOVERMBER
13217 Jamboree Rd., #248
Tustin, CA 92782
888.4.JGA.1ST
JacobGreenAndAssociates.com
Proposal For
Organizational
Development Services
LETTER FROM CEO JACOB GREEN
TABLE OF
CONTENTS
SCOPE OF SERVICES
PROPOSAL COST
YOUR TEAM
Section
C
Section
B
Section
A
Cover
Letter
Pages 2 - 9
Pages 10 - 14
Pages 15 - 16
C
I
TY OF
PALMSTWENTYNINE
PAGE 1
Jacob Green
President & CEO
1.888.4.JGA.1ST | [email protected]
November 1, 2024
Stone James, City Manager
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
Dear City Manager James,
Thank you very much for your interest in having Jacob Green & Associates (JGA) provide Organizational Development services.
We understand that you are looking for the following services:
Service #1: Council Goal Setting
Service #2: Work Planning & Dashboard
Service #3: City Manager Performance Evaluation
As an Orange County-based company, we are very familiar with the City of Twentynine Palms and have helped many California agencies enhance organizational effectiveness and alignment between the Council and staff. The team at JGA has over 600 combined years of experience serving as leaders in local government and overseeing the vision for organizational success.
We look forward to partnering with the City of Twentynine Palms and supporting your continued commitment to service and excellence.
Sincerely,
SCOPE OF SERVICES
SECTION A
P AGE 2
SERVICE #1 - COUNCIL GOAL SETTING
8TE5 ONE-ON-ONE INTERVIEWS WITH THE CITY COUNCIL AND
CITY MANAGEMENT TEAM
Our team will conduct one-on-one virtual interviews with each Councilmember and member of the City Management Team in advance of the workshop. The purpose of these one-hour conversations is to build rapport and ensure we create a customized experience to meet individual and collective interests. These sessions will focus on gathering each Councilmember's and team member's and member’s Goals and Strategic Priorities.
8TE5 OPEN SESSION WORKSHOP (2 - 3 HOURS)
The consultant team will provide an open session workshop on the Council/Manager form of government and governance best practices, covering the following topics:
1. Building a highly effective team.
2. The role of cognitive diversity in team cohesion.
3. Roles and responsibilities in a municipal organization.
4. Vision, Mission, Goals, Objectives, and Values.
8TE5 CLOSED SESSION FACILITATION (2 - 3 HOURS)
The consultant will facilitate a workshop to solidify Council's Goals & Strategic Priorities as they relate to performance excellence.
Facilitators will create a safe and respectful environment for the Council to discuss the Goals and Strategic Priorities for the organization as they pertain to the City Manager’s performance. This component of the facilitation will be conducted in closed session under California Government Code Section 54954.5 - Public Employee Performance Evaluation – City Manager. The purpose of the session is to establish goals and objectives that will enable the City Manager’s performance to be evaluated in the future, not during this session. The closed session environment will allow for candid and comprehensive discussion.
PAGE 3 Page 334 of 347
PAGE 4
8TE5 PRODUCT DELIVERY
Based on prior steps and with Council and staff input, JGA will develop a document outlying the Council’s "Core Focuses”, Vision, and other potential strategic planning elements as desired by the City. The document functions to create broad alignment between the Council and staff but does not include a detailed work plan.
8TE5 OPEN SESSION FACILITATION FOR INPUT/APPROVAL
JGA will support an open session with the Council to report out, seek public input, and adopt City Council priorities as City Goals. JGA’s attendance at any future open sessions with the Council is not included in this proposal.
PAGE 5
SERVICE #2 - WORK PLANNING &
DASHBOARD
Effective work planning plays a crucial role in successfully implementing strategic planning by translating strategic goals into tangible tasks, timelines, and resource allocations that drive desired outcomes. JGA is committed to guiding the City through the following steps, providing comprehensive support for work planning and strategic plan implementation. Our aim is to enable Twentynine Palms to effectively convert strategic goals into actionable tasks, allocate resources appropriately, and monitor progress toward achieving desired outcomes.
8TE5 KICKOFF MEETING
Marking the beginning of the work planning facilitation process, JGA will host a meeting for the relevant staff and stakeholders. This kickoff meeting will set the stage to ensure the team is aligned and ready to move forward with work plan development.
8TE5 WORK PLAN INPUT
JGA will collaborate closely with staff to develop work plan content that aligns with strategic goals.
Through virtual working sessions with staff, JGA will define and document actionable tasks, milestones, realistic timelines, owners, budget sources, and any additional information to be included in the final work plan deliverable.
8TE5 WORK PLAN TRACKER AND DASHBOARD DELIVERY
With the prioritized projects and allocated resources in mind, JGA will collaborate with your team to develop a comprehensive Work Plan Dashboard. This dashboard will outline the key tasks, phases, milestones, and timelines, and can be used for ongoing tracking. The dashboard will be developed by JGA using a best-in-class portfolio management tool (e.g., Smartsheet) or Excel, based on the City's preference. JGA will train member(s) of the Client team to manage ongoing updates and maintenance of the tool; a software license purchase may be required.
DASHBOARD EXAMPLES
Figure 1: Sample Excel Dashboard
PAGE 6
PAGE
1. Ensure compliance with existing employment agreements.
2. Recognize the accomplishments of the City Manager and show appreciation for the unique contributions to the organization.
3. Design a credible appraisal process that incorporates industry best practices.
4. Foster an environment that supports thoughtful and deliberative discussion, with direct communication and an emphasis on the Council-Manager relationship.
5. Maintain alignment between established City Council goals and achievements attained.
6. Clearly identify the City Manager's areas of success and opportunities for continued development, focusing on overall performance improvement.
7. Determine the need for further professional development, education, and training.
8. Develop an updated City Manager Employment Agreement, if needed, and serve as the lead negotiator for the development of the revised agreement.
SERVICE #3 - CITY MANAGER PERFORMANCE
EVALUATION
JGA will facilitate the City Manager Performance Evaluation process.
PROCESS GOALS:
8TE5 PROCESS REVIEW WITH CITY COUNCIL
JGA will meet with the City Council in a closed session to review the performance evaluation process, expectations, instruments, and solidify desired outcomes. 8TE5 ONE-ON-ONE CITY COUNCIL INTERVIEWS
JGA will meet virtually with each Councilmember to discuss the City Manager's performance. 8TE5 CLOSED SESSION DRAFT REVIEW
Input is compiled into a simple, written performance review draft for presentation during a closed session. The evaluation serves to create a formal record of the conversation between both the executive and the elected body, with 1) an appraisal of the executive’s performance with respect to previously agreed-upon goals, and 2) consensus regarding goals to be accomplished during the next appraisal period and areas identified for improvement.
PAGE
PAGE
8TE5 REVIEW OF MATERIALS
JGA will review the draft performance review document with the City Manager including any Dzone-offdz comments obtained, to help the City Manager prepare for the final closed session review. 8TE5 FACILITATED PERFORMANCE REVIEW
JGA will facilitate the closed session performance review for the City Manager. During this session, JGA will guide a discussion between the City Council and the City Manager regarding compensation and other terms of employment, if applicable.
8TE5 DEVELOPMENT OF AN UPDATED CITY MANAGER
EMPLOYMENT AGREEMENT (IF NEEDED
JGA will assist the City Council and City Attorney with the development of an updated City Manager Employment Agreement, if needed.
• lear becties: Define and communicate project goals, expectations, and deliverables clearly at the project's outset.
• ctie articipatio: Engage in regular meetings and provide necessary feedback to ensure the project stays on track and aligns with expectations.
• esource llocatio: Ensure the availability of internal resources, including key personnel, data, and tools, required for the project.
• pe ommuicatio: Maintain open and honest communication with the Consultant, addressing any concerns or changes in scope as soon as they arise. • DecisioǦaig: Facilitate timely decision-making processes to avoid delays and ensure project progress.
• ccess roisio: Provide the Consultant with necessary access to relevant systems, documentation, and facilities.
• espect imelies: Adhere to agreed-upon timelines for reviews, approvals, and information requests to maintain project momentum.
• hage aagemet: Collaborate on managing any changes in project scope, requirements, or timelines, ensuring mutual agreement on modifications.
• artership pproach: Foster a collaborative and respectful working relationship, recognizing that successful outcomes depend on both parties' commitment and cooperation. • imel amet: Pay invoices pursuant to contract terms and communicate any payment issues promptly with the Consultant.
TWENTYNINE PALMS' PROJECT COMMITMENT
Successful project outcomes rely on a strong partnership between our team and yours. To ensure the best results, we've outlined key client responsibilities that foster effective collaboration and project efficiency. By fulfilling these roles, you actively contribute to the project's success, helping us deliver high-quality work on time and within scope. This mutual commitment not only improves project outcomes but also maximizes the value and impact of our combined efforts.
P AGE 9
PAGE 10
YOUR TEAM
SECTION B
JGA’s Team Video Link: Jacob Green and Associates - JGA - Your First Call
JACOB GREEN, MPA
President & CEO
Jacob is a nationally recognized local government expert in organization and leadership development. As an Assistant City Manager for the City of San Juan Capistrano and the City of Ontario, he has managed hundreds of employees and numerous government departments. As a trainer, keynote speaker, facilitator and coach, Jacob has worked with municipal clients, as well as commercial clients such as Mattel, FedEx, Hyundai Capital, ADP, and many others. In 2019, Jacob distilled his personal and professional experiences into an Amazon bestselling book: See Change Clearly: Leveraging Adversity to Sharpen Your Vision and Build Resilient Teams. Jacob has received numerous awards for his leadership, including the National Caring Award, the Orange County Human Relations Award, the Most Inspiring Student at UC Irvine, and is the youngest recipient of the Gene Lentzner Humanitarian Award. Jacob has his Bachelor of Arts in Social Sciences with a Minor in Management from the University of California, Irvine, his Master of Public Administration (MPA) degree from California State University, Long Beach, and was recently awarded an honorary doctorate from Western University School of Health Sciences.
PAGE 1 1
DAVE BROWN
Director of Client Success
Chief Dave Brown (ret.) is passionate about helping public sector executives and organizations succeed in a dynamic and challenging environment, especially when facing leadership, political, or personnel challenges. Chief Brown has held command positions in every division of law enforcement, including many years as a Chief of Police. He has also served as Director of Public Safety, Assistant City Manager, and held several stints as Interim City Manager. In 2017, Chief Brown was recruited by the City of Menifee, California, to spearhead the creation of the Menifee Police Department. Over the next three years, Brown created and implemented a robust, data-driven strategy, successfully launching the new Menifee Police Department on July 1, 2020.
More recently, Dave served as the Executive Director of the Riverside Sheriffs Association (RSA), one of the largest law enforcement labor organizations in the country.
NICOLE BEACH, CCMP
Director of Strategic Initiatives
Nicole Beach is a project management and strategy delivery leader who specializes in assisting organizations in realizing value by aligning strategy with execution. Nicole collaborates closely with our clients to develop work plans that ensure their success in executing strategic goals and provides project management oversight across all projects. Before joining JGA, Nicole amassed a wealth of experience leading complex technology, organizational, and strategic projects, including M&A integrations, ERP implementations, and process improvement initiatives. Most recently, she oversaw Project Management Offices and Strategic Portfolio Management for SAFEbuilt, Citrix, and Sport Clips. Nicole holds certifications as a Project Management Professional (PMP) and Lean Six Sigma Green Belt. She also earned an MBA with a concentration in Process Improvement from Nova Southeastern University.
GREGORY C. DEVEREAUX, JD
Senior Advisor
Greg Devereaux served in state and local government for 40 years, holding a variety of leadership positions including City Manager of both Fontana and Ontario, where he worked with the city councils to improve each city’s finances, as well as Chief Executive Officer of San Bernardino County where he helped the Board of Supervisors lead the County in a new direction which emphasized fiscal responsibility and working as a team. He worked with the Board and the San Bernardino Associated Governments in a community-driven effort to develop a Countywide Vision. Greg is a Past President of the California Redevelopment Association and has served on numerous committees at both the League of California Cities and the California State Association of Counties.
In 2009, he was appointed by the California Air Resources Board to the Regional Targets Advisory Committee on greenhouse gas reduction under SB 375.
PAGE 1 2
KATHRYN HAMEL
Senior Facilitator
Kathryn Hamel, Ph.D., is a seasoned executive with over 28 years of experience in the public, non-profit, and private sectors. She previously worked as a VicePresident and Chief Executive Officer for two non-profit mental health organizations. Before transitioning into nonprofit leadership, she served as the Senior Vice President of Human Resources and Organizational Development for a private, accredited international university. She also served her community for nearly 25 years as a law enforcement professional for two mid-sized municipal police departments and retired as a police lieutenant in 2019. In addition to her professional accomplishments, Dr. Hamel is chairperson of the International Association of Chiefs of Police Engagement and Education Subcommittee, a subcommittee of the Human and Civil Rights Committee. She was recognized as the Advocate of the Year by the Greater Irvine Chamber of Commerce in 2023, and the Mental Health Professional of the Year from the Mental Health Association of Orange County in 2022. She is pursuing a Master’s Degree in Clinical Psychology, projected to be completed in late 2024. In addition, she holds a Doctoral Degree in Organizational Public Safety Leadership & Criminal Justice from Capella University, a Master's Degree in Criminal Justice from Chapman University, and a Bachelor's Degree in Vocational Education and Occupational Studies from California State University, Long Beach. Dr. Hamel also holds two professional certifications in trauma and resilience and a third professional certification in the prevention of human trafficking from Florida State University. She is the author of Bodyǡ indǡ and Badge: Strategies or avigating La nor
ement Trauma and
Resilien
e and co-author of A TraumaǦ
normed Approa
h to Laor Ƭ Se
Trai
ing, published in oli
e Chie magazine in 2023.
RANDY BLACK
Senior Facilitator
Randy retired with over 39 years in the fire service; he began his career as a Reserve Firefighter with the Santa Ana Fire Department in 1985. He rose through the ranks becoming a Chief Officer in 2003. The last position he held before retirement was Assistant Chief overseeing EMS, Operations Training and Promotions. Prior assignments included serving as Division Chief overseeing the city of Santa Ana and the EMS Division, Emergency Planning and Coordination, Emergency Communication Center Manager, Public Information Officer, and Emergency Management Coordinator. He served as President of California Fire Chiefs Association EMS Southern Section and Director of the FIRESCOPE EMS section. He has his bachelor’s degree in Public Fire Protection Administration.
PAGE 13 Page 344 of 347
MEGHAN MURRAY
Project Specialist
Meghan Murray has over 24 years of experience in Operations Management, Program Management, Personnel Management, Executive Communication, and Continuous Process Improvement. Meghan served in the Air Force for 22 years and has extensive background in Organizational Development. Meghan excelled in overseeing operations, professional development, and personnel programs for organizations and has directed multiple programs valued at $1B while managing risk, safety, and compliance. Meghan holds a Masters of Science degree with a specialty in Human Resource Management bringing to the team an extensive knowledge in team leadership, strategic planning, and data driven decision making. One of Meghan’s most notable projects was being a strategic team lead of the Organization of the Future that led to the building of the latest branch of the military, the United States Space Force. As a Project Specialist with JGA, Meghan supports the Organizational Development and Emergency Management Departments by coordinating projects, managing timelines, and ensuring the successful execution of department initiatives.
NICOLI HILSCHER
Senior Project Manager
Nicoli Hilscher brings over 25 years of expertise in Organizational Development, Leadership Development, Training, Facilitation, and Project Management. A retired Senior Master Sergeant from the United States Air Force, she distinguished herself in the top two percent of the active enlisted force. Nicoli's extensive background includes leading positions internationally, where she drove long-term organizational growth in diverse and fast-paced environments. She excelled in overseeing operations, professional development, and recognition programs for organizations ranging from 20 to 300 personnel. As a Senior Project Manager with Jacob Green and Associates, Nicoli plays a pivotal role in managing Organizational Development projects; such as Teambuilding, Retreats, Leadership Academies, Organizational Assessments, Strategic Planning, and supporting our Work Planning teams.
Known for her ability to keep teams on task and on-time, Nicoli ensures the highest quality of service delivery to all JGA clients.
PAGE 14 Page 345 of 347
PAGE 15
PROPOSAL COST
SECTION C