Twentynine Palms City Council
March 11, 2025

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
Tuesday, March 11, 2025
NOTICE IS HEREBY GIVEN that the City Council will hold a Regular Meeting on Tuesday, March 11, 2025, at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:

REGULAR SESSION AGENDA
6:00 P.M.

REGULAR SESSION AGENDA
6:00 p.m.

CALL TO ORDER
Pledge of Allegiance.

Invocation - Fr. Eliseus Uju, Blessed Sacrament Catholic Church.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

ANNOUNCEMENTS
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 Twentynine Palms High School Girl's Basketball Team and Softball Team for their Participation in the Cash for Trash and Recycling Program.

2. Presentation by the Parks and Recreation Department on a Grant Recently Received by the National Recreation and Park Association (NRPA) Gender Equity in Sports Community of Practice Grant Supported by Nike.

3. Proclamation Recognizing March 2025 as Irish American Heritage History Month Proclamation Recognizing March 2025 as Irish American Heritage History Month - Pdf 5 - 6

4. Proclamation Recognizing March 2025 as Women's History Month Proclamation Recognizing March 2025 as Women's History Month - Pdf 7 - 8

5. Presentation by San Bernardino County Fire Department Chief Bill Villarino on Fire Prevention.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED

CONSENT CALENDAR
All matters listed under the Consent Calendar are to be considered routine by the City Council and will be enacted by one motion in the form listed. Any item may be removed from the Consent Calendar and considered separately by the City Council. The public will be given an opportunity to comment on Consent Calendar items prior to the City Council action.

6. Waive the Reading of Ordinance and Approve the Reading by Title Only.

7. Approval of Minutes of the City Council Meeting Held on February 25, 2025.

City Council - Regular Meeting - 25 Feb 2025 - Minutes - Pdf 9 - 14

8. Award a Contract Agreement for Design Services to HR Green Pacific INC, for Fiscal Year 2024/2025 CDBG Luckie Park ADA Improvement Project.

RECOMMENDATION: That the City Council:

1. Award a Contract Agreement for Design Services for the Fiscal Year 2024/2025 Community Development Block Grant (CDBG) Luckie Park ADA Parking Improvement Project to HR Green Pacific for a total contract amount of $28,984.

2. Authorize the City Manager to execute all documents necessary to enter into the Contract Agreement including any necessary amendments.

Award a Contract Agreement for Design Services to HR Green Pacific INC, for Fiscal Year 2024/2025 CDBG Luckie Park ADA Improvement Project. - Pdf 15 - 45

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARING- NONE

DISCUSSION AND POTENTIAL ACTION ITEMS

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 nonmaintained roads, and (iv) ways residents can bring non-maintained and non-accepted dirt roads to pavedrural-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.

5. A review and discussion of fees as it relates to Site Plan Reviews for ancillary uses.

6. Discussion on abandoned homes in the community.

7. Discussion on reorganizing the Homeless and Housing Committee.

8. Discussion on partnering with the Boys and Girls Club.

9. Discussion on reviewing policies for non-profits who receive funding from the City.

10. Discussion of a policy regulating the use of City Attorney resources.

PUBLIC COMMENTS
This is the time for the public to address the City Council on issues within the jurisdiction of the City Council that are NOT on this agenda. All comments are to be directed to the City Council and shall not consist of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during their comments. There is a time limitation of three minutes per person. If you haven’t already done so, please fill out name and address slips and give them to the City Clerk. The City Council is prohibited by State law from taking action or discussing items not included on the printed agenda. Public comments on specific agenda items will be deferred until consideration of the item on the agenda.

CITY MANAGER UPDATE

ADJOURN TO CLOSED SESSION

CLOSED SESSION
A “Closed” Session of the City Council may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Hall Conference Room located at 6136 Adobe Road, Twentynine Palms, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 6136 Adobe Road, Twentynine Palms, California.

1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION §54957 - PUBLIC EMPLOYEES PERFORMANCE EVALUATION, CITY MANAGER.

ADJOURNMENT
It is the intention of the City of Twentynine Palms to comply with the Americans with Disabilities Act in all respects. If you are a person with a disability who requires a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, please request such modification or accommodation from the City Clerk at (760) 367- 4890 (facsimile). Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Please advise us at the time whether you will require accommodations to participate in meetings on a regular basis. Any person affected by any application on this agenda may submit their concerns in writing prior to the meeting or appear in person and be heard in support or opposition to the proposal at the time the matter is considered on the agenda. The staff reports, applications and environmental documents may be viewed at either the office of Community Development or the office of the City Clerk, 6136 Adobe Road, from 7:00 a.m. until 6:00 p.m. Monday through Thursday, except legal holidays. The Invocation is given per Policy 10-01 and does not reflect the views of the City but rather is an expression of speech by a private citizen making the presentation. Telephone inquiries may be made at (760) 367-6799. If you challenge any agenda issue in court, you may be limited to raising only those issues that you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City of Twentynine Palms at, or prior to, the public meeting.

This notice of agenda is hereby certified to have been posted on or before 5:00 p.m. March 6, 2025.

Cindy Villescas CMC, City Clerk Time/Date

STAFF REPORT
TO: City Council
FROM: Finance Technician
FOR MEETING: Mar 11 2025
SUBJECT: Proclamation Recognizing March 2025 as Irish American Heritage History Month ATTACHMENTS:
• Proclamation Recognizing
March 2025 as Irish American
Heritage Month

CITY OF TWENTYNINE PALMS

PROCLAMATION

IRISH-AMERICAN HERITAGE MONTH
WHEREAS, Irish immigrants who sought a new beginning in the United States arrived on our shores with hearts full of hope and dreams of the future. With grit and determination, they worked hard. And as they built their lives, they helped build America – never forgetting where they came from, always remembering the courage and pride they brought with them from the old country, and passing these traits down to each new generation; and
WHEREAS, pride lives on today in the hearts of Irish Americans across our Nation. It lives on in business owners, scientists, and labor leaders who hold dear the Irish belief that everyone deserves to be treated with dignity. And it runs deep in so many first responders, public servants, and brave service members who defend our lives and liberties – the same liberties that so many Irish immigrants and Irish Americans helped preserve and protect; and
WHEREAS, Ireland and the United States are forever bound together by our people and our passion.

Everything between us runs deep.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Twentynine Palms, does hereby proclaim March 2024 as IRISH-AMERICAN HERITAGE MONTH and calls upon all Americans to celebrate the achievements and contributions of Irish Americans to our Nation with appropriate ceremonies, activities, and programs.

DATED this 11th day of March 2025.
______________________________
Steven Bilderain, Mayor

STAFF REPORT
TO: City Council
FROM: Finance Technician
FOR MEETING: Mar 11 2025
SUBJECT: Proclamation Recognizing March 2025 as Women's History Month ATTACHMENTS:
• Proclamation Recognizing
March 2025 as Women's
History Month

CITY OF TWENTYNINE PALMS

PROCLAMATION
WOMEN’S HISTORY MONTH
WHEREAS, every March, Women’s History Month provides an opportunity to honor the generations of trailblazing women and girls who have built our Nation, shaped our progress, and strengthened our character as people; and
WHEREAS, throughout our history, despite hardship, exclusion, and discrimination, women have strived and sacrificed for equity and equality in communities across the country. Generations of Native American women were stewards of the land and continue to lead the fight for climate justice. Black women fought to end slavery, advocate for civil rights, and pass the Voting Rights Act. Suffragists helped pass the 19th Amendment to the Constitution so that no American could be denied a vote on the basis of sex; and WHEREAS, women and girls continue to lead groundbreaking civil rights movements for social justice and freedom so that everyone can realize the full promise of America; and WHEREAS, this Women’s History Month, as we reflect on the achievements of women and girls across the centuries and pay tribute to the pioneers who paved the way, let us recommit to the fight and help realize the deeply American vision of a more equal society where every person has a shot at pursuing the American dream. In doing so, we will advance economic growth, our health and safety, and the security of our Nation and the world.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Twentynine Palms, does hereby proclaim March 2025 as WOMEN’S HISTORY MONTH and invites everyone to learn more about the vital contribution of women to our Nation’s history.

DATED this 11th day of March 2025.
______________________________
Steven Bilderain, Mayor

TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
February 25, 2025
CALL TO ORDER - Mayor Bilderain called the meeting to order at 6:02 p.m.

Pledge of Allegiance - Ms. Robin Schlosser led the Pledge of Allegiance.

Invocation - Apostle Melvin Brock, The Sanctuary Church, gave the invocation.

Roll Call - The following Councilmembers were present: Bilderain, Mintz, Ramirez, Scott, Wright.

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 to our website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation by the 5th Grade Class at Oasis Elementary School on their Black History Month Project.

Students from the 5th grade class at Oasis Elementary gave a presentation on Black History Month

2. Proclamation Recognizing February 2025 as Black History Month.

Mayor Bilderain read the Proclamation in its entirety and then presented the Proclamation to Oasis Elementary School.

3. Presentation by Dave Thornton, Habitat for Humanity.

Mr. Dave Thornton, Executive Director, and Ms. Tracy Tremblay, Board Member for Habitat for Humanity, provided a Power Point Presentation explaining what Habitat for Humanity is and ways the organization can help members of our community.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Ramirez commented that she attended the East Valley Regional Steering Committee (EVRSC) meeting, she met with the Executive Director of the Boys and Girls Club to discuss the possibility of getting a Boys and Girls Club in Twentynine Palms, she attended the Unity Home Fundraiser and Congressman Jay Obernolte's Community Coffee. She hosted a staff appreciation lunch for City employees.

Councilmember Scott mentioned that he led a delegation of our community members to Palm Springs on Martin Luther King Day for a historical and cultural tour of Section 14, he held his first Toastmasters meeting, and the next one is going to be held on March 4th at 6:00 p.m. He also attended a protest in Joshua Tree for the Park Rangers that were recently

City Council - Regular Meeting
February 25, 2025
laid off. He mentioned that he set up a meeting with Congressman Obernolte to discuss what he is doing about these federal cuts.

Councilmember Wright mentioned that he attended the JPA meeting last week, he attended a youth basketball end of season party, and the awards ceremony for youth basketball. He congratulated the students from Oasis Elementary on a great presentation. Mayor Wright commented that he attended the Mayor's Prayer Breakfast.

Mayor Pro Tem Mintz commented that he attended the Mountain/Desert Measure I meeting last week, the MDAQMD meeting and he congratulated the students from Oasis Elementary.

Mayor Bilderain mentioned that he attended the playoff games for the High School girls’ basketball team, he met with some constituents, he congratulated the students from Oasis Elementary, he attended the awards ceremony for youth basketball and the Mayor's Prayer Breakfast.

CONSENT CALENDAR

4. Waive the Reading of Ordinance and Approve the Reading by Title Only.

5. Approval of Minutes of the City Council Meeting Held on January 28, 2025, and February 11, 2025.

ACTION: A motion was made by Mayor Pro Tem Mintz, seconded by Councilmember Wright, to approve the Consent Calendar as submitted.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, MINTZ, RAMIREZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION - None.

PUBLIC HEARING - None.

DISCUSSION AND POTENTIAL ACTION ITEMS

6. Designation of a Delegate and Alternate Delegate for the Southern California Association of Governments (SCAG) Annual Regional Conference and General Assembly.

RECOMMENDATION: The City Council select two Councilmembers to serve as Delegate and Alternate Delegate for the Southern California Association of Governments (SCAG) Annual General Assembly.

ACTION: A motion was made by Councilmember Wright, seconded by Councilmember Scott, to designate Councilmember Ramirez as the Delegate and Mayor Pro Tem Mintz as the Alternate.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, MINTZ, RAMIREZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

City Council - Regular Meeting
February 25, 2025

7. Financial Report - Fiscal Year 2024-25 Mid-Year Budget Update - General Fund.

RECOMMENDATION: The City Council:

1. Review and approve the proposed General Fund Budget amendments for FY 2024-25.

2. Approve the following interfund transfers for FY 2024-25:

From the General Fund to the Capital Projects Fund
• $1,151 more for the purchase of the Code Enforcement vehicle (Previously allocated $50,000) • $26,000 more for the purchase of the Animal Control vehicle (Previously allocated $105,000) • $35,000 towards the Street Sweeper reserves (up to $120,000 per year). • $200,000 for improvements at the Senior Center.

From the General Fund to the CDBG Fund.
• $6,000 for unreimbursed expenditures associated with the Homekey project.

Finance Director Hernandez-Conde presented the Staff Report.

Eric Menendez commented that the City Council should budget more for the PAAC. He is concerned about businesses downtown.

Robin Schlosser, Reach Out Morongo Basin, spoke in favor of these recommendations wholeheartedly and she thanked the City Council for the consideration of repairs/improvements for the Senior Center.

ACTION: A motion was made by Councilmember Wright, seconded by Councilmember Scott, to approve the proposed General Fund Budget amendments for FY 2024-25.

2. Approve the following interfund transfers for FY 2024-25:

From the General Fund to the Capital Projects Fund.
• $1,151 more for the purchase of the Code Enforcement vehicle (Previously allocated $50,000) • $26,000 more for the purchase of the Animal Control vehicle (Previously allocated $105,000) • $35,000 towards the Street Sweeper reserves (up to $120,000 per year). • $200,000 for improvements at the Senior Center.

From the General Fund to the CDBG Fund.
• $6,000 for unreimbursed expenditures associated with the Homekey project.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, MINTZ, RAMIREZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

8. Financial Report - Fiscal Year 2024-25 Mid-Year Budget Update - Capital Projects Funds and Special Funds.

RECOMMENDATION: The City Council review and approve the proposed Capital Projects Fund and Special Funds budget amendments for FY 2024-25.

Finance Director Hernandez-Conde presented the Staff Report.

ACTION: A motion was made by Mayor Pro Tem Mintz, seconded by Councilmember Wright, to approve the proposed Capital Projects Fund and Special Funds budget amendments for FY 2024-25.

City Council - Regular Meeting
February 25, 2025
The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, MINTZ, RAMIREZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

9. Joshua Tree National Park Visitor Center Lease.

RECOMMENDATION: The City Council authorize the City Manager and City Attorney to amend or rewrite the February 8, 2022, lease between the National Park Service and the City of Twentynine Palms to allow the Joshua Tree National Park Association to assume or otherwise become responsible for all lease obligations needed to ensure Freedom Plaza's Joshua Tree National Park Cultural Center remains operational in the event the National Park Service is forced to suspend visitor center operations. All other lease provisions would substantially remain the same.

Mayor Pro Tem Mintz recused himself from this item due to a possible conflict of interest and left the Council Chambers at 7:19 p.m.

City Manager James presented the Staff Report.

Eric Menedez commented that he believes the Joshua Tree National Park Association (JTNPA) does a great job. How does the Park service work? Will Park Rangers still be there? He commented that JTNPA should work more closely with tourism.

John Talley-Jones, Twentynine Palms, commented that this is a really good idea and hopes that the Park Service is supportive of this.

Cindy Bernard, Twentynine Palms, reiterated how important the National Park is to our city. She commented that she is in support of this.

Councilmember Scott also reiterated how important the National Park Service is.

ACTION: A motion was made by Councilmember Wright, seconded by Councilmember Scott, to authorize the City Manager and City Attorney to amend or rewrite the February 8, 2022, lease between the National Park Service and the City of Twentynine Palms to allow the Joshua Tree National Park Association to assume or otherwise become responsible for all lease obligations needed to ensure Freedom Plaza's Joshua Tree National Park Cultural Center remains operational in the event the National Park Service is forced to suspend visitor center operations. All other lease provisions would substantially remain the same.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, RAMIREZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: MINTZ
ABSENT: NONE
Mayor Pro Tem Mintz returned to the Council Chambers at 7:31 p.m.

City Council - Regular Meeting
February 25, 2025

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.

5. A review and discussion of fees as it relates to Site Plan Reviews for ancillary uses.

6. Discussion on abandoned homes in the community.

7. Discussion on reorganizing the Homeless and Housing Committee.

8. Discussion on partnering with the Boys and Girls Club.

Councilmember Scott added that he would like a discussion on reviewing policies for non-profits who receive funding from the City. Mayor Bilderain seconded the item.

Councilmember Ramirez added that she would like to visit a policy issue on how to use City Attorney resources.

Councilmember Wright seconded the item.

PUBLIC COMMENTS
Joseph Candelaria, Twentynine Palms, commented on the "Coffee" recently held by Congressman Jay Obernolte and now he is asking what the City Council is going to do about gainful employment. He also spoke about the economy in the city.

Janelle Angeles, Twentynine Palms, spoke in favor of additional funding for the PAAC.

Cindy Bernard, Twentynine Palms, spoke regarding the attorney fees mentioned by Councilmember Ramirez and vetting non-profits. She also mentioned that attorney fees are also involved when Councilmembers and Staff make undue allegations against people and public information requests not being completed due to lack of obtaining the information from Councilmembers and Staff.

Nicolas Graver, Twentynine Palms, spoke about the National Park and its importance. He stressed that the City Council should make their voices be heard and asked them to attend the protest on Saturday.

LeeAnn Clarke, spoke on behalf of the Ministerial Association, thanking Mayor Bilderain, Councilmember Wright, and City Manager James for attending the Prayer Breakfast that morning. She thanked City Manager James for hosting a Pastoral Leaders for a meeting next week to discuss Emergency Preparedness with Ms. Marjorie Smith and the Red Cross.

City Council - Regular Meeting
February 25, 2025

CITY MANAGER UPDATE
City Manager James asked Captain Warrick to address a concern the City Council had regarding the traffic lights. Captain Warrick explained flashing red lights, blinking yellow lights and when these lights should be treated as a stop sign.

City Manager James provided the following updates: Public Works will be going throughout the City and inspecting traffic signals, the doors at Freedom Plaza by the restrooms have been installed and he thanked the City Council for investing to protect our youth, on March 5th at 8:00 a.m. the City will be hosting a Disaster Response meeting, he has been working on getting CERT classes going again, and the water truck that Public Works requested was inspected by Superintendent Stacey and found that the truck had some issues so he is going back out to market and continue looking for a water truck.

Mayor Bilderain asked the City Clerk to set up a meeting with the Personnel Subcommittee and Human Resources and asked for a Closed Session for March 11th after the regular City Council meeting.

ADJOURNMENT - Mayor Bilderain adjourned the meeting at 8:01 p.m.

Respectfully submitted,
Cindy Villescas, CMC
City Clerk/PIO

STAFF REPORT
TO: City Council
FROM: Recreation Division Manager
FOR MEETING: Mar 11 2025
SUBJECT: Award a Contract Agreement for Design Services to HR Green Pacific INC, for Fiscal Year 2024/2025 CDBG Luckie Park ADA Improvement Project.

RECOMMENDATION:

That the City Council:

1. Award a Contract Agreement for Design Services for the Fiscal Year 2024/2025 Community Development Block Grant (CDBG) Luckie Park ADA Parking Improvement Project to HR Green Pacific for a total contract amount of $28,984.

2. Authorize the City Manager to execute all documents necessary to enter into the Contract Agreement including any necessary amendments.

ORDER OF PROCEDURE:

Request Staff Report (Recreation Division Manager)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Approval to Proceed_2.27.25
• EntityInformation_20250227-
112815
• Luckie Park ADA Parking
Improvement Agreement HR
Green DRAFT
BACKGROUND:

At the January 23, 2024 City Council meeting, the Fiscal Year 2024/2025 Community Development Block Grant (CDBG) Luckie Park ADA Parking Improvement Project was prioritized and approved for funding. This project will replace the two existing non-compliant asphalt ADA parking spaces at 74362 Joe Davis Drive with fully compliant ADA-accessible spaces and a concrete path of travel.

Due to the specialized nature of this project, the City requires the expertise of a qualified and experienced design firm. To identify the best candidate, the City issued a request for Proposals (RFP) through its online portal and website. Three proposals were submitted and carefully reviewed by City Staff and City Engineer Richard Berger.

HR Green Pacific was selected based on the following key factors:
* Quality and experience of the project team
* Proven success with similar projects Page 15 of 45
* Comprehensive understanding of the projects needs
For the reasons outlined above, Staff recommends awarding HR Green pacific a Contract Agreement for Design Services for the Luckie Park ADA Improvement Project.

The cost proposal is within the estimated budget.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

None.

FISCAL IMPACT:

The City Council prioritized and approved funding for the project on January 23, 2024.

February 27, 2025
Kary Minatrea, Recreation Division Manager
City of Twentynine Palms
6336 Adobe Road
Twentynine Palm, CA 92277-0960
RE: APPROVAL TO PROCEED – Award Consultant Services Contract Dear Ms. Minatrea:

The Department of Community Development and Housing (CDH) received your request dated 02/24/2025, to award a Consultant Services Contract for Luckie Park Parking Lot ADA Improvement Project, CDH Project Number: TPAL-24-1-03G/030.

The project address or location is: 74362 Joe Davis Drive, Twentynine Palms, CA 92277.

Based on our review, your agency is authorized to proceed to Award a Consultant Services Contract to HR Green Pacific, Inc for Engineering and Design Services for the Luckie Park ADA Parking Lot Improvement Project in the amount of $28,984.00.

The subject consultant was verified to not be Debarred on SAMs website on 02/27/2025.

In accordance with federal regulations at 24 CFR 85.36 (d), competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated, and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation, was utilized, although the successful bidder was coincidentally also the lowest responsible bidder. A scoring sheet was provided to the County affirming such.

Affirmative steps were also taken to utilize small businesses, minority owned businesses, and women-owned businesses, when possible, in accordance with federal regulations at 24 CFR

85.36 (e) and County Policy 15-01.

The above-mentioned approval is subject to the following condition(s):

Community Revitalization
Diane Rundles
Assistant Executive Officer
Carrie Harmon
Director, Community
Development & Housing
Marcus Dillard
Chief of Homeless
Services
560 East Hospitality Lane, Suite 200, San Bernardino, CA 92415-0052 | Phone: 909.501.0600

APPROVAL TO PROCEED – CONSUTLANT SELECTION
February 27, 2025
PAGE 2 of 2
• All County Indemnification and Insurance sections are to be included in your consultant contract and related proofs of insurance and endorsements shall be collected and verified to comply with all county provisions. Please see attached, “COUNTY POLICY - INDEMNIFICATION AND INSURANCE REQUIREMENTS’.
• Prior to the start any work, the City is to also ensure that any subcontractor(s) are also fully registered on the United States General Administration, System of Award Management SAM.gov website.
• The design of this project is being funded by the County CDBG Program with the mutual understanding that design costs alone are not eligible. The design of the project must be constructed within a reasonable amount of time and produce public benefit to qualify as an expense. Therefore, the city guarantees construction will be completed within 6 months of completion of the subject plans and specifications, weather permitting.

Again, the costs incurred for which no measurable outcomes are achieved may not be reimbursed, or if reimbursed, may subsequently be required to be repaid by the City to CDH. Measurable outcomes are defined as benefits to low- to moderate-income individuals that are derived from the project or program. For example: completed construction resulting in improved access to services/public facilities/parks.

We look forward to collaborating with you in successfully carrying out this important project. If you require further information, please contact Diana Vasquez, Project Manager II, at (909) 501- 0529.

Sincerely,
BRYAN ANDERSON, Supervising CDH Analyst
BA/dv
cc: File
Labor Compliance
City/ County Project Management & Accountants

HR GREEN PACIFIC, INC.

Unique Entity ID
MFXWG27CLFH6

CAGE / NCAGE
10C91
Purpose of Registration
All Awards
Registration Status
Active Registration
Expiration Date
Feb 24, 2026
Physical Address
1260 Corona Pointe CT STE 305
Corona, California 92879-5015
United States
Mailing Address
1260 Corona Pointe CT STE 305
Corona, California 92879-5015
United States
Business Information
Doing Business as
(blank)
Division Name
(blank)
Division Number
(blank)
Congressional District
California 41
State / Country of Incorporation
California / United States
URL
(blank)
Registration Dates
Activation Date
Feb 26, 2025
Submission Date
Feb 24, 2025
Initial Registration Date
Feb 24, 2025
Entity Dates
Entity Start Date
May 15, 2017
Fiscal Year End Close Date
Dec 31
Immediate Owner
CAGE
0SGW6
Legal Business Name
GREEN COMPANIES, INC.

Highest Level Owner
CAGE
0DLQ2
Legal Business Name

HRG PARENT HOLDINGS, LLC
Executive Compensation
Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions.

Proceedings Questions
Registrants in the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or 2. C.F.R. 200 Appendix XII. Their responses are displayed in the responsibility/qualification section of SAM.gov. Maintaining an active registration in SAM.gov demonstrates the registrant responded to the proceedings questions.

Exclusion Summary
Active Exclusions Records?
No
SAM Search Authorization
I authorize my entity's non-sensitive information to be displayed in SAM public search results:

Yes
Entity Types
Business Types
Entity Structure
Corporate Entity (Not Tax Exempt)
Entity Type
Business or Organization
Organization Factors
(blank)
Profit Structure
For Profit Organization
Last updated by erin winner on Feb 24, 2025 at 07:05 PM HR GREEN PACIFIC, INC.

Feb 27, 2025 07:28:18 PM GMT
https://sam.gov/entity/MFXWG27CLFH6/coreData?status=null Page 1 of 2

Socio-Economic Types
Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration.

Financial Information
Accepts Credit Card Payments
No
Debt Subject To Offset
No
EFT Indicator
0000
CAGE Code
10C91
Points of Contact
Electronic Business
Erin Winner
8710 Earhart Lane SW
Cedar Rapids, Iowa 52404
United States
Government Business
Erin Winner
8710 Earhart Lane SW
Cedar Rapids, Iowa 52404
United States
Service Classifications
NAICS Codes
Primary
Yes
NAICS Codes
541330
NAICS Title
Engineering Services
Disaster Response
This entity does not appear in the disaster response registry.

Last updated by erin winner on Feb 24, 2025 at 07:05 PM HR GREEN PACIFIC, INC.

Feb 27, 2025 07:28:18 PM GMT
https://sam.gov/entity/MFXWG27CLFH6/coreData?status=null Page 2 of 2

CITY OF TWENTYNINE PALMS

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of March 11, 2025, between the City of Twentynine Palms, a municipal corporation ("City") and HR Green Pacific, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on March 11, 2025 and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2025, unless sooner terminated pursuant to the provisions of this Agreement. A one-year extension is allowed if agreed by both parties.

Notwithstanding the above, Section 9 of this Agreement shall survive the term of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall at all times competently perform all tasks described herein.

Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

Consultant represents it holds the necessary skills and abilities to perform the work as set forth in this Agreement. Consultant shall perform the work and services under this Agreement in accordance with the accepted standards of the professional disciplines involved in the tasks described herein.

4. CITY MANAGEMENT
City's Director of Public Works/City Engineer shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. City's City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.

5. PAYMENT
(a) Except as otherwise stated herein, the City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. The total amount authorized by this Agreement shall not exceed Twenty-Eight Thousand Nine Hundred Eighty-Four Dollars ($28,984.00), which includes the base fee as outlined in Exhibit A and a contingency amount if authorized by the City, for the total term of the Agreement unless additional payment is approved as provided in this Agreement (“Total Agreement Amount”).
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Based on the City’s procurement regulations, only the City Council may authorize additional work in connection with this Agreement. (c) Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Invoices shall include the contract amount, invoice amount to date, and balance remaining.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
(d) Prior to signing the Agreement, Consultant shall provide to City a completed and signed Form W-9, Request for Taxpayer Identification Number and Certification. All of City’s monetary obligations set forth in this Agreement are conditioned upon City’s receipt of an executed W-9 form from Consultant. (e) Notwithstanding Consultant’s delivery of invoices to City and/or other remedies available to the City, City may retain ten percent (10%) of the payment on each month’s invoice, on a cumulative basis, until Consultant has completed all of the tasks set forth in Exhibit A.
(f) Notwithstanding Consultant’s delivery of invoices to City and/or other remedies available to the City, if Consultant has not delivered to the City the required certified insurance policies and endorsements within the time required by Section 10(f) (3) of this Agreement, City has the sole discretion to withhold any and all payments to Consultant until Consultant delivers to the City the certified insurance policies and endorsements required by Section 10 of this Agreement.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5.
(c) Except as otherwise provided herein and prior to the termination date of this Agreement, this Agreement may be terminated by written consent of both the City and the Consultant.

7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default.

The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain

adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. The above noted documents are note intended or represented to be suitable for reuse by the City or others on any other project, and City agrees any use in connection with any other project without Consultant’s prior written authorization shall be at the City’s sole risk and without any liability to Consultant.

9. INDEMNIFICATION
(a) Indemnification
To the fullest extent permitted by law, expressly taking into account Civil Code 2782.8 and its application to Licensed Design Professional’s, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees, volunteers and agents from and against any and all losses, liabilities, damages, and costs and expenses (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including reasonable attorney’s fees and costs, court 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 Consultant, its officers, agents, employees or subcontractors, or any entity or individual that Consultant shall bear the legal liability thereof.

For purposes of this Agreement, a “Licensed Design Professional” shall be limited to licensed architects, licensed landscape architects, registered professional engineers, and licensed professional land surveyors, all as defined by current law, and as may be amended from time to time by California Civil Code § 2782.8.

Consultant agrees to indemnify, defend (with counsel reasonably approved by the County of San Bernardino (“County”) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract Agreement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnifica8on is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees.

Consultant’s indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of California Civil Code section 2782. (b) Indemnification Provisions Pertaining To SubConsultants And Others Performing Work.

Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subConsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.

10. INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant shall maintain insurance in conformance with the requirements set forth below.

Consultant shall use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so.

Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Consultant 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 Consultant, its agents, representatives, or employees. All Sections of this Agreement and any provision in City's Request for Proposal and Consultant'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.

The policy coverage shall include: premises operations and mobile equipment; products and completed operations; broad form property damage (including completed operations); explosion, collapse, and underground hazards; personal injury; contractual liability; and $2,000,000 general aggregate limit. Notwithstanding the foregoing, if the Project is over one million dollars ($1,000,000) and less than three million dollars ($3,000,000), the above coverage amount shall be revised to not less than three million dollars ($3,000,000).

Notwithstanding the foregoing, if the Project is over three million dollars ($3,000,000) and less than five million dollars ($5,000,000), the above coverage amount shall be revised to not less than five million ($5,000,000). Notwithstanding the foregoing, if the Project is over five million dollars ($5,000,000) and less than ten million dollars ($10,000,000), the above coverage amount shall be revised to not less than ten million ($10,000,000).
(2) Automobile Liability: Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and nonowned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. If Consultant is transporting one or more non-employee passengers in
performance of the services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. If Consultant owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. Notwithstanding the foregoing, if the Project over one million dollars ($1,000,000) and less than three million dollars ($3,000,000) the above coverage amount shall be revised to not less than three million ($3,000,000). Notwithstanding the foregoing, if the Project is over three million dollars ($3,000,000) and less than five million dollars ($5,000,000), the above coverage amount shall be revised to not less than five million ($5,000,000).

Notwithstanding the foregoing, if the Project is over five million dollars ($5,000,000) and less than ten million dollars ($10,000,000),

the above coverage amount shall be revised to not less than ten million ($10,000,000).
(3) Workers' Compensation/Employer's Liability Insurance - Written on a policy form providing workers' compensation statutory benefits as required by the State of California. Employer's Liability limits shall be no less than one million dollars ($1,000,000) per accident or disease. Employer's Liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects City, its officers, officials, employees, or agents. (4) Professional Liability or Errors and Omissions Insurance as appropriate to the Consultant’s profession - Written on policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement.
(b) Minimum Limits of Insurance. Consultant 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.
(c) Deductibles and Self-Insured Retention. Consultant 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 Consultant, subConsultant, Architect, Engineer or other entity or person in any way involved in

the performance of work on the project contemplated by this agreement to selfinsure its obligations to City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or the Consultant to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses or other solutions. Any deductibles in excess of ten percent (10%) or self-insured retention must be approved by the City Manager. (d) Other Insurance Provisions. The general liability, business auto liability, and any necessary umbrella liability policies are to contain, or be endorsed to contain, the following provisions:
(1) General liability and b policies shall cover the City, 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 Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, or volunteers. Endorsements including the additional insured shall be identified on standard ISO endorsement number CG 20 10, attached to an ISO-CGL policy with an edition prior to 1992, or other form as expressly approved by City, and which does not limit the scope of coverage for the additional insured to vicarious liability or to the additional insured's supervision of a given project. In no event shall the Consultant use an additional insured endorsement with an edition date of 1992 or later, absent express written authorization by City. Consultant also agrees to require all Consultants and subConsultants to do likewise. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
(4) The Consultant'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 Consultant and City or between City and any other insured.

Consultant expressly waives any claim against City for any covered act or event, and Consultant'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 Consultant 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 Consultant, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss.

Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Consultants and subConsultants to do likewise. (6) All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
(7) The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change.

If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
(8) For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
(9) Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
(10) None of the coverages required herein will be in compliance with

these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(11) No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any Consultant or subConsultant.
(12) All coverage types and limits required are subject to approval by the City. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
(13) The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. (14) Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. (15) Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.

There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
(16) All policies, except for the Workers’ Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

(17) Consultant shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit Consultant and Consultant’s employees or agents from waiving the right of subrogation prior to a loss or claim. Consultant hereby waives all rights of subrogation against the County.
(18) All policies required herein are to be primary and noncontributory with any insurance or self-insurance programs carried or administered by the County.
(19) Consultant agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross-liability exclusions that preclude coverage for suits between Consultant and the County or between the County and any other insured or additional insured under the policy.
(20) Consultant shall furnish Certificates of Insurance to the County Department administering this Contract Agreement evidencing the insurance coverage at the time the this Contract Agreement is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the County Department, and Consultant shall maintain such insurance from the time Consultant commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract Agreement, Consultant shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
(21) Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by County’s Risk Management.
(22) In the event that any policy of insurance required under this Contract Agreement does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel this Contract Agreement or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by Consultant or County payments to Consultant will be reduced to pay for County purchased insurance.

(23) Insurance requirements are subject to periodic review by the County. The County’s Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever County’s Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the County’s Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the County’s Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract Agreement.

Consultant agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.
(e) Acceptability of Insurers. Insurance is to be placed with insurers authorized and admitted to do business in California and with a current A.M. Best's rating of A or better and a financial size of VII or greater, unless otherwise acceptable to the City.
(f) Verification of Coverage and Notice of Cancellation. (1) Consultant shall immediately furnish to City certificates of insurance or endorsements, satisfactory to City, evidencing the insurance coverage above required prior to the commencement of performance of services hereunder. These certificates or endorsements shall provide that such insurance is the minimum, is in no way limited by any provision herein, and allows for the application of all coverage available to the additional insureds. Further, the certificates or endorsements shall require thirty (30) days written notice to additional insured City prior to any termination, suspension, cancellation, or non-renewal, or the reduction of available coverage, or any change in the terms of coverage. Consultant 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) Consultant agrees that if Consultant commences work under this Agreement without first providing City copies of the required insurance certificates or endorsements, that Consultant does so at its own and sole risk. In the event Consultant's insurance is not acceptable to City or copies of insurance certificates or endorsements are not provided, City shall have no obligations to compensate Consultant for such work unless Consultant possesses a notice to proceed from City for this work.
(3) Within sixty (60) days of the commencement of this Agreement, Consultant shall furnish certified copies of the actual policies and endorsements. Failure to submit such policies shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. If proof of any insurance required under this Agreement is not delivered as required or if such insurance is canceled at any time and no replacement coverage is provided, City shall have the right but not the duty to obtain any insurance it deems necessary to protect its interests under this Agreement, express or implied, in any way relating to City. Any premium for such coverage shall be charged to and promptly paid by Consultant or, at City's option, may be deducted from sums due to Consultant.
(4) In the event of the premature termination of this Agreement for any reason, Consultant agrees to maintain the required insurance coverage until City provides written authorization to terminate the coverage following a review and determination that all liability posed under this Agreement as to the party providing the insurance has been eliminated.
(5) Except as outlined in Section 10(b) (3) above, Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. (6) Consultant 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 Consultant’s insurance agent to this effect is acceptable. A certificate

of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
(g) Notice of Claim or Loss. Consultant agrees to provide immediate notice to City of any claim or loss likely to involve City or its employees or agents which exceeds $2,500 or is likely to exceed that amount arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
.
(h) Sub-Consultant Insurance Requirements. Consultant agrees to require that all parties, including but not limited to sub-Consultants and additional Consultants or professional services with whom Consultant enters into contracts or whom Consultant hires pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required here, at a minimum.

Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant acknowledges and agrees that upon request, all agreements with sub-Consultants and others engaged in the project contemplated by this Agreement will be submitted to City for review. Consultant agrees and acknowledges that such contracts may require modification as to the insurance requirements necessary to properly protect City. (i)

11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Twentynine Palms in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of TWENTYNINE PALMS will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subConsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub-Consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for

admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
Attention: City Clerk
To Consultant: HR Green Pacific, Inc.
44651 Village Court, Suite 123
Palm Desert, CA 92260
Attention: Chase Keys

17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of

California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of TWENTYNINE PALMS.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. SEVERABILITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

22. NO PRESUMPTION REGARDING DRAFTER OF THIS AGREEMENT
The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same.

Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.

23. ATTORNEY’S FEES
If any action at law or suit in equity, including an action for declaratory relief, is brought by either party with respect to this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, in addition to any other relief to which it may be entitled, and such amount may be added to, and made a part of, such judgment.

24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TWENTYNINE PALMS
By:

Stone James, City Manager
Attest:

Cindy Villescas, City Clerk
Approved As to Form:

A. Patrick Munoz, City Attorney

CONSULTANT
By:

Timothy J Hartnett, Vice President
By:

Jason Poppen, Secretary

A notacypu ic or other officer completing tttis certificate vemi:Bs o ii',' the il:fllnti'ty of trui individu ,.,,:ho sj(ifled the document to whim tttis csrliificate is attaolled, and not the tnnh:Mness, accumc)•, or valrdity of that document.

CALIFORNIA All-PURPOSE ACKN:OWlEDGMEHT CllrVll CO'IOE § 11189 'if
State of Oalifomia
County of _
an beforeme,
Date Here Insert Name and Title of the Officer
personally appeared
Name{s) of Sfgnet(s)
who proved to me on the basis of satisfaoto:ry evidence to be the person(s} whose name(s} iiS/are bscribed to the within instrument and acknowl:edged to me that he/she/they executed the same in his..1lerltheir aulho:rizediify(ies),antdh a t byllisiherltheir signarure(s) on the·nstrument theperson{s}, or tile entity upon behalif of which tile person{s} acted, executed tile instrument.

I certify under PENALTY OF PERJURY under the laws
of the state of Oal'ifomia that the foregoing paragraph is true and correct.

WITNESS my hand a!ld official seall.

Signature
Signature of Norary Pubffc
Pfa.ce Notary Seal Above
---------------OPTIONAL---------------
Though this section fs optional, completing fros infot"113Jtion can det:er alretafitm of the documem ot fraudulent reattachment of this form to an unintended ckicument.

Des.cription of Attached Document
Title or Type of Document Document Date:

Number of Pag,es: Signer(s) Other Than Named Above: _
Oapacity(ies) Claimed by Signer(s)
Signer's Name: _
□ Corporate Officer - Title(s):
□Partner - □Limiil:ed □ General
□Individual □ Attorney in Fact
□Trustee □Guardian or Conservator
□other:

Signer Is Representing: _
Signer's Name: _
□Corporate Officer - Title(s):
□Partner - □Limi'led □General
□Individual □ Attomey in Fact
□Trustee □Guardian or Conservator
□ Other:

Signer Is Representing: _
01 Natiorlal NotaJy Association• v."hw.Nlationa1NotaJy.org • 1-.800-US NUfAAY (1-800-876-6827) Item f/8007

EXHIBIT A
CONSULTANT’S PROPOSAL/TASKS TO BE PERFORMED

Engineering and Design Services for the Luckie
Park ADA Parking Improvement Project
Project Understanding and Approach
It is understood that the City aims to upgrade the existing ADA parking at the Parks and Recreation office to meet current ADA regulations. Ensuring ADA compliance in parking facilities is essential to providing equitable access for all community members.

The design of an ADA-compliant parking stall must align with federal and state accessibility standards, including the Americans with Disabilities Act (ADA) and California Building Code (CBC) requirements. This entails proper stall dimensions, access aisles, signage, pavement markings, and an accessible route connecting the parking area to the building entrance. Additionally, considerations such as drainage, surface conditions, and adjacent site constraints must be addressed to ensure safety, usability, and long-term durability.

HR Green has a long history of assisting municipal clients with ADA improvements from infancy through design and into construction. Our team has a great understanding of the challenges and opportunities to improve accessibility and usability at the Parks and Recreation office for all users. Every project is unique; each offering specific challenges, opportunities, and goals. We believe our approach will demonstrate our specific understanding of your project.

The project team has created a unique approach that will demonstrate our ability to develop technical alternatives, creatively provide solutions to problems, and understand what is most critical to you and the citizens of your community. The scope of work as laid out in the request for proposals is fully detailed and accepted by HR Green. To avoid repeating what has been prepared by the City, we will simply highlight key elements of the scope of work and how we may enhance items or items we would recommend modifying to complete the project.

It is anticipated the project will include:
• Project Management/Administration
• Utility Research and Mapping
• Topographic Survey
• Preliminary Engineering
oLayout of proposed improvements
• Final Design

o Design Review (90%)
oFinal Design (100%)
• Plan Sheets to include:
• Title Sheet
• Details Sheet
• Improvement Plans (Grading/Drainage and Accessibility) • Signing and Striping Plans
• Erosion Control
Alterations from Scope
It is not anticipated that a SWPPP will be necessary due to the limited area of the proposed improvements. Erosion control plans will be prepared and included within the plan set. We also don’t feel that utility potholing or a geotechnical report are necessary for the project. A standard parking lot reconstruction section can be discussed and designed with City input. Utilities, if in the area, can be left to pothole by the Consultant as a simple re-paving design should not require relocation. We have added these items as optional
should the City decide to leave them as part of the scope. We feel the plans should only need to address the accessible stalls and potentially the immediately adjacent parking stall. That work is included in our scope of work. However, we have added an optional item to reconstruct and re-stripe the entire parking lot should the City desire those improvements.

In order to streamline the schedule and prepare a more cost-effective design we are also proposing to limit the number of submittals. Our approach would be to first prepare a conceptual layout of the improvements for City review and approval. We will then proceed with a draft submittal for final City review prior to preparing final PS&E.

Based on the limited scope of the project and our experience with projects of similar size we feel this number of reviews is more than adequate.

To achieve project success, we understand the following tasks to be critical:
1) Identify Existing Conditions
This step in the process involves documenting specific characteristics and features in the project footprint and identifies opportunities and constraints for new improvements. The most important types of data include parking lot geometry, existing underground infrastructure, existing overhead utilities, and

existing rights-of-way.
2) Evaluate Existing Conditions
Existing conditions are evaluated as to how they relate to project goals and recommended design guidelines. The purpose of this comparison is to identify the location, type and magnitude of existing deficiencies. This step is critical in providing valuable direction in the development of new alternatives. 3) Project Schedule and Budget
With the goal of final documents submittal, it will be critical to establish design criteria early in the design development process. Also, early coordination with utilities impacted by the project will ensure that needed relocations can be scheduled and do not impede construction. Finally, a well-prepared set of construction documents will ensure a top-quality project completed on schedule and on budget.
4) Identify Recommended Goals, Objectives and Opportunities Addressing goals and objectives early in the process has several advantages.

First, they create awareness, and second, they provide direction in the development of alternatives. Finally, they create a set of criteria against which alternatives will be objectively evaluated.
5) CASp Review
A Certified Access Specialist (CASp) review is crucial for ensuring that buildings and public spaces comply with the Americans with Disabilities Act (ADA) and state accessibility standards. Conducting a CASp assessment helps identify potential barriers to access, reducing the risk of legal disputes while improving inclusivity for people of all abilities. By proactively addressing accessibility issues, property owners and municipalities can enhance safety, usability, and compliance, fostering a more equitable built environment for everyone.

HR Green ultimately wants your project to be successful in addressing your community’s needs. This approach and our experience in successfully executing these tasks will provide great benefit to the City. We have taken a thorough look at this project, identified some key issues, and started to provide some recommendations to navigate those same issues. We take this very same approach throughout all of our projects to ensure we are providing value to our clients and those they serve.