Agenda packet — Palm Springs City Council, February 10, 2022 (part 1 of 4)

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CITY OF PALM SPRINGS, CALIFORNIA
www.palmspringsca.gov

REGULAR MEETING AGENDA
3:30 PM CLOSED SESSION
5:30 PM REGULAR SESSION
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.

Submit your public comment to the City Council electronically. Material may be emailed to [email protected]. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record.

You may provide telephonic comments by calling the City Clerk's Office at (760) 323-8204. You may be added to the queue at any time prior to the end of the public comment period for the subject hearing. At the appropriate time, a staff member will call you so that you may provide your public testimony to the City Council.

View the City Council meeting live at the City’s website www.palmspringsca.gov/pstv, YouTube, or Channel 17 (Spectrum).

February 10, 2022

3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Lisa Middleton, Mayor
Grace Elena Garner, Mayor Pro Tem
Christy Gilbert Holstege, Councilmember
Geoff Kors, Councilmember
Dennis Woods, Councilmember
City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

3:30 P.M. CLOSED SESSION

CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: The City Council welcomes public input. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist, please see the City Clerk for additional information.

RECESS TO CLOSED SESSION: See Closed Session Agenda.

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: This time is set aside for the City Council to provide additional general comments, reports, and announcements. Additionally, this time is set aside for the City Manager to update the City Council on important items initiated by staff or previously requested by the City Council.

1. CONSENT CALENDAR:

February 10, 2022 City Council Regular Meeting Agenda 2

1. CONSENT CALENDAR:

The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings will be held by videoconference, in accordance with AB 361.

B. APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of November 4, 2021.

C. APPROVAL OF AMENDMENT NO. 5 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-22
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN
FOR FISCAL YEAR 2021-2022, ADOPTED BY RESOLUTION NO. 24912.”

1. Authorize the City Manager to execute all necessary documents.2.

D. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS TO ENTER INTO AN AGREEMENT WITH THE GOVERNOR’S

OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT FOR CANNABIS EQUITY GRANT FUNDING FOR THE FISCAL YEAR 21/22
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, TO ENTER INTO AN
AGREEMENT WITH THE GOVERNOR’S OFFICE OF BUSINESS AND

ECONOMIC DEVELOPMENT FOR CANNABIS EQUITY GRANT FUNDING
FOR THE FISCAL YEAR 21/22.”

1. Authorize the City Manager to execute all documents consistent with this Resolution.

2. E. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS FIRE February 10, 2022 City Council Regular Meeting Agenda 3 E. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS FIRE

MANAGEMENT ASSOCIATION
RECOMMENDATION:

Adopt a Resolution No. entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A

MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS,

AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR

EMPLOYEES IN THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 2023, SUBJECT

TO ASSOCIATION EXECUTING THE MEMORANDUM OF
UNDERSTANDING.”

1. Authorize the City Manager to execute the Memorandum of Understanding (MOU) and all documents necessary to effectuate the above action, including the allocation and compensation plans, agreements and contracts, and any non-substantial MOU language or reorganization.

2. F. SECOND READING AND ADOPTION OF ORDINANCE NO. 2059 AMENDING CHAPTER 10.22.060 OF THE PALM SPRINGS MUNICIPAL CODE RELATED TO UNATTENDED ANIMALS IN ENCLOSED VEHICLES – GUIDE DOGS OF

THE DESERT
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2059 entitled, "AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 10.22 RELATED TO UNATTENDED ANIMALS IN ENCLOSED VEHICLES."

G. SECOND READING AND ADOPTION OF ORDINANCE NO. 2058 TO IMPLEMENT SENATE BILL 9 REQUIREMENTS FOR URBAN LOT SPLITS AND TWO-UNIT RESIDENTIAL DEVELOPMENTS, CASE 5.1548 ZTA
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2058 entitled, "AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 9.62 OF THE PALM SPRINGS MUNICIPAL CODE AND CHAPTER

93.00 OF THE PALM SPRINGS ZONING CODE RELATING TO URBAN LOT

SPLITS AND TWO-UNIT PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA."

H. APPROVAL OF CONTRACT PURCHASE AGREEMENTS WITH SC

COMMERCIAL, LLC, DOWNS ENERGY, WEX BANK DBA WRIGHT EXPRESS FSC, SOUTH COAST EVS. AND DANIELS TIRE SERVICE, INC. IN A COMBINED AMOUNT NOT TO EXCEED OF $2,191,925.75
RECOMMENDATION:

In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” ratify and increase a Blanket Purchase Order for SC Commercial, LLC for diesel fuel in an amount not-to-exceed $253,000 through March 31, 2022, subject to extension at the approval of City Council, at the cooperative unit pricing offered under the County of Riverside

1. February 10, 2022 City Council Regular Meeting Agenda 4 Council, at the cooperative unit pricing offered under the County of Riverside agreement #RIVCO-40500-002-10/12.

In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” ratify a Blanket Purchase Order for Downs Energy for diesel fuel in an amount not-to-exceed $485,000 through March 31, 2022, subject to extension at the approval of City Council, at the cooperative unit pricing offered under the County of Riverside agreement #RIVCO-40500-002-10/12.

2. In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” award a Contract Service Agreement (Attachment 1) for WEX Bank dba Wright Express FSC for a fuel card program in an amount not-to-exceed $235,173.75 for a five-year term, subject to extension at the approval of City Council, based on the State of California, Department of General Services Division Agreement Number 5-19-99-19.

3. In accordance with Palm Springs Municipal Code Section 7.05.020, “Sole Source Procurement by the City,” increase a Blanket Purchase Order for South Coast Emergency Vehicle Services for off-site fire apparatus repairs and parts in an amount not-to-exceed $300,000 through June 30, 2022, subject to extension at the approval of City Council, as a sole source provider of repairs to Pierce Equipment.

4. In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” award a Contract Service Agreement for Daniels Tire Service, Inc. (Attachment 1) in an amount not-to-exceed $918,750 for a five-year term, subject to extension at the approval of City Council, at the cooperative unit pricing offered under NJPA Sourcewell Agreement #102517-GTC.

5. Authorize the City Manager to execute all necessary documents.6.

EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

2. PUBLIC HEARINGS:

A. REDISTRICTING 2021: PUBLIC HEARING REGARDING REDISTRICTING OF

CITY COUNCIL BOUNDARIES AS REQUIRED BY ELECTIONS CODE
SECTION 21601 ET SEQ.

RECOMMENDATION:

Receive a report from Staff and the City’s redistricting consultant on the continued redistricting process and review draft maps.

1. Conduct a public hearing to receive public input on district boundaries.2.

B. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC DESIGNATION OF “EL DUMPO ADOBE” LOCATED AT 2275 S. ARABY, (APN 510-232-020), AND “THE ARABY ROCK HOUSES” LOCATED AT 2350 (APN 510-241-037), 2500 (APN 510-270-006), 2501 (APN 510-270-013), 2540 (APN 510-270-024), AND 2550 (APN 510-270-004) SOUTH ARABY DRIVE, CASE HSPB #128 AND #129.

RECOMMENDATION:

February 10, 2022 City Council Regular Meeting Agenda 5 Open the public hearing and receive public testimony. 1.

Close the public hearing and adopt a Resolution entitled, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DESIGNATING “EL DUMPO ADOBE” LOCATED AT 2275 SOUTH ARABY DRIVE, AS CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #128, SUBJECT TO CONDITIONS (APN 510-232-010)."

2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE ARABY ROCK HOUSES” LOCATED AT 2350 (APN 510-241-037), 2500 (APN 510-270-006), 2501 (APN 510-270-013), 2540 (APN 510-270-024), AND 2550 (APN 510-270-004) SOUTH ARABY DRIVE AS CLASS 1 (LANDMARK) HISTORIC RESOURCES HSPB #129, SUBJECT TO CONDITIONS.”

3. C. VACATION OF A PORTION OF THE PUBLIC RIGHT-OF-WAY OF GRANVIA

VALMONTE LOCATED BETWEEN INDIAN CANYON DRIVE AND VIA CHICA IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; ENGINEERING FILE R 21-21-0276.

RECOMMENDATION:

Open the public hearing and take testimony.1.

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A VACATION

AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A

PORTION OF RIGHT-OF-WAY FOR GRANVIA VALMONTE, LOCATED AT 276 GRANVIA VALMONTE, AT THE NW CORNER OF GRANVIA
VALMONTE AND VIA CHICA, IN SECTION 11, TOWNSHIP 4, RANGE 4 EAST ENGINEERING FILE R 21-21-0276, AND APPROVING A

DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”

2. 3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS:

A. REVIEW OF EMERGENCY ORDERS RELATED TO COVID-19
RECOMMENDATION:

Direct Staff as appropriate.

5. NEW BUSINESS:

A. COLLEGE OF THE DESERT PRESENTATION AND DISCUSSION

PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the February 10, 2022 City Council Regular Meeting Agenda 6 PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: This time is set aside for the City Council to make requests of staff, and/or issues of concern to Councilmembers are briefly presented, prioritized and set for future meeting dates.

ADJOURNMENT

AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.

City of Palm Springs )

I, Monique M. Lomeli, Chief Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on February 4, 2022, and posted on the City’s website as required by established policies and procedures.

____________________________
Monique M. Lomeli, CMC
Chief Deputy City Clerk

P U B L I C N O T I C E S

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

February 10, 2022 City Council Regular Meeting Agenda 7

CITY COUNCIL STAFF REPORT
02/10/2022

City Clerk -

SUBJECT
3:30 P.M. CLOSED SESSION
Attachments
Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS

CLOSED SESSION AGENDA
Thursday, February 10, 2022 – 3:30 p.m.

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.

PUBLIC COMMENT PERIOD FOR CLOSED SESSION ITEMS ONLY
(Time limit is two minutes per person) The City Council welcomes public input. Pursuant to State law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2).

CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.

MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION G C. § 54956.9(d)(2)

Three (3) matters that, under the existing circumstances, the City Attorney believes create significant exposure to litigation.

Letters from Rod Pacheco, Pacheco & Neach, dated May 17, 2021, September 27, 2021, and October 29, 2021, regarding Frank Bogert statue.

DISCUSSION TO CONSIDER INITIATION OF LITIGATION Gov’t Code § 54956.9(d)(4)

Under existing facts and circumstances, there are three (3) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH LABOR NEGOTIATOR Gov’t Code § 54957.6

City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Human Resources Director
Andrew Mills, Chief of Police
Peter Brown, Legal Counsel

Employee Organization: Public Employees Association of Palm Springs (PEAPS) Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)
Executives

CITY COUNCIL STAFF REPORT
02/10/2022 1. A.

City Clerk -

SUBJECT

FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Attachments
Item 1A

CITY COUNCIL STAFF REPORT
DATE: February 10, 2022 CONSENT CALENDAR
SUBJECT: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISS ION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 FROM: Justin Clifton, City Manager
BY: Anthony J. Mejia, City Clerk
RECOMMENDATION:

BACKGROUND:

Governor Newsom’s Executive Orders N-29-20 and N-35-20, which relaxed some of the Brown Act’s teleconferencing provisions during the COVID -19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which amends sections of the Brown Act to allow legislative bodies to more easily hold teleconference meetings during a state of emergency.

In order to utilize these provisions of the Brown Act, the City Council must find that it has considered the circumstances of the state of emergency, and either:
(1) state or local officials have imposed or recommended measures to promote social distancing as a result of the proclaimed state of emergency, or
(2) the state of emergency continues to directly impact the ability of the members to meet safely in person.

The City Council must make these findings every 30 days for as long as the City is conducting virtual meetings under AB 361.

City Staff and the City Attorney’s Office believe that these findings can be made. Although the Governor’s Executive Orders dealing with virtual meetings have expired, the original state of emergency for COVID -19 is still in effect. In addition, the California Depart ment of Public Health (CDPH) and the County of Riverside continue to recommend social distancing as a result of the COVID-19 state of emergency.

Item 1A - 1
As such, City Staff and the City Attorney recommend that the City Council make these findings, including at ev ery Council meeting, in order to meet the “every 30 days” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Anthony J. Mejia
City Attorney: Jeffrey S. Ballinger
City Manager: Justin Clifton

Item 1A - 2

CITY COUNCIL STAFF REPORT
02/10/2022 1. B.

City Clerk -

SUBJECT

APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of November 4, 2021.

Attachments
Item 1B
Thursday, November 4, 2021
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361, by Governor Newsom, this meeting was conducted by teleconference and there was no in-person public access to the meeting location.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Pro Tem Middleton on Thursday, November 4, 2021, at 5:30 p.m.

PLEDGE OF ALLEGIANCE:

Mayor Pro Tem Middleton led the Pledge of Allegiance.

ROLL CALL:

Present: Councilmembers Grace Elena Garner, Geoff Kors, Dennis Woods; Mayor Pro Tem Lisa Middleton; and Mayor Christy Holstege (arrived at 5:50 p.m.)

Absent: None.

City Staff

Present: Justin Clifton, City Manager; Jeffrey Ballinger, City Attorney; and Anthony J. Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS:
• PRESENTATION OF A PROCLAMATION TO AL FANDY IN RECOGNITION OF

NATIONAL NURSE PRACTITIONER WEEK
• PRESENTATION OF A PROCLAMATION IN RECOGNITION OF FILIPINO

AMERICAN HISTORY MONTH AND AN OVERVIEW OF FLIPINO AMERICAN

HERITAGE IN PALM SPRINGS BY EDWIN RAMORAN
• PRESENTATION OF THE VOICES FOR CHILDREN PROGRAM FOR FOSTER

CHILDREN
• COVID-19 CASE AND WASTEWATER TESTING UPDATE
Item 1B - 1
City Council Minutes November 4, 2021
City of Palm Springs Page 2
ACCEPTANCE OF THE AGENDA:

MOTION BY COUNCILMEMBER GARNER , SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to accept the agenda with removal of Item No. 1E from the Consent Calendar for separate discussion.

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of November 4, 2021, was called to order by Mayor Holstege at 3:30 p.m., with all members present.

The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda:

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1):

David Edwin Bell v. City of Palm Springs
Case No. RIC 1901178, Superior Court of the State of California, County of Riverside CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Four (4) matters that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation.

CONF
ERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Under existing facts and circumstances, there are four (4) matters the City Council has decided or may decide to initiate litigation.

CONF
ERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8:

Property Description: 3589 McCarthy Road, Palm Springs 92234 (APN 669-420-019) Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Fred Noble
Under Negotiation: Price and Terms of Payment
Property Description: 2990 E. Tahquitz Canyon Way (APN: 502-143-004) Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Tahquitz Housing Associates, LP
Under Negotiation: Price and Terms of Payment
Item 1B - 2
City Council Minutes November 4, 2021
City of Palm Springs Page 3
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:

City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Human Resources Director
Melissa Desmarais, Acting Chief of Police
Peter Brown, City Labor Negotiator
Employee Organization: Public Employees Association of Palm Springs (PEAPS) Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957:

Employee: City Manager
City Attorney Ballinger reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action.

PUBLIC TESTIMONY:

The following individuals, speaking on Item 5B, expressed concerns related to the proposed Navigation Center at 3589 McCarthy Road and urged the City Council to select an alternate site:
• Evernell Black
•
Don Stephens
• Paul Merritt
• Ray Shrifi
• Vera Abner
• Joe Abner
• Charles Rogers
• Nancy Gesimondo
• Kathy Larson
• Raghda Zacharia
• Alex Logan
• Bruce Juenger
• Dieter Crawford
• Robert Guillen, Jr.
• Jenny Gil
• David Weiner
• Jarvis Crawford
• Philip Frazer
• Jasla Johnson
• Evelyn Roberts
• Daniel Crayon
• Saul Escobedo
Item 1B - 3
City Council Minutes November 4, 2021
City of Palm Springs Page 4
The following individuals, speaking on Item 5B, expressed support for a proposed Navigation Center being located in Palm Springs:
• Nona Watson
• Lina Sola
• Jerry Keller
• David Murphy
• Jonathan Primer
• Virginia Giokaris
• Shaun Emerson
• Scott Petty
• Jeffrey Rosenberg
• Barbara Clark
• Bruce Hoban
• Jay Ramstad
• David Turner
• Dr. Barbara Lambert
• Ginny Foat
• Lisa Emerson
Dav
id Friedman, speaking on Item s 3A and 5C, voiced support for the proposed amendment to the Public Integrity Ordinance and spoke on the importance of addressing climate change.

Kat
hy Weremiuk , speaking on Item s 5B and 5C , voiced support for the proposed Navigation Center and spoke on the importance of the urban forest to combat climate change.

Jane
Garrison, speaking on Item 5C, urged the City Council to address the protection of natural habitat as part of the Climate Action Plan.

Pai
sley Ramstad , speaking on Item 5C, spoke on the importance of leaving natural habitats undisturbed.

MEETI

NG RECESS
The City Council recessed at 7:50 p.m. and reconvened at 8:00 p.m., with all members present.

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS:

None.

Item 1B - 4
City Council Minutes November 4, 2021
City of Palm Springs Page 5

1. CONSENT CALENDAR:

MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to approve the consent calendar, with the removal of Item No. 1E for separate discussion.

A. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS

MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 5 -0, to adopt Resolution No. 24954 entitled “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 09 -04-21 AND 09 -18-21 TOTALING $3,690,972.80 AND ACCOUNTS PAYABLE WARRANTS DATED 08-30-21, 09-02-21, 09-08-21 AND 09- 16-21 TOTALING $4,496,372.29, IN THE AGGREGATE AMOUNT OF $8,187,345.09, DRAWN ON BANK OF AMERICA."
B. APPROVE PROPOSAL FROM RA STRUCTURAL ENGINEERING, INC. TO REVIEW SOUTHWEST EXTERIOR WALL STRUCTURE AT JAMES O. JESSIE

DESERT HIGHLAND UNITY CENTER TO SUPPORT A TILE MURAL

MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER KOR
S, CARRIED 5-0, to:

1. Appr ove $3,500 of Public Arts Funds for RA Structural Engineering, Inc., to evaluate whether the exterior wall at the James O. Jessie Desert Highland Unity Center can support a tile mural.

2. Authorize the City Manager to execute all necessary documents.

C. MEMORANDUM OF UNDERSTANDING WITH THE CITY OF INDIO

REGARDING REIMBURSEMENT OF OFF -DUTY PERSONNEL AT SPECIAL EVENTS

MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER KOR
S, CARRIED 5-0, to:

1. A pprove an agreement between the City of Indio and the City of Palm Springs regarding reimbursement for utilizing off -duty personnel and related equipment at special events, effective November 1, 2021. A8994

2. Authorize the City Manager to execute all necessary documents.

Item 1B - 5
City Council Minutes November 4, 2021
City of Palm Springs Page 6
D. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE WASTEWATER TREATMENT PLANT
BLOCK WALL, CITY PROJECT 21-11

MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER KOR
S, CARRIED 5-0, to approve the plans, specifications, and estimate; and authorize Staff to advertise and solicit bids for the WWTP Block Wall, City Project 21-11.

E. APPROVAL OF A PURCHASE ORDER TO CAROLLO ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $325,000 FOR THE DEMOLITION OF

ABANDONED FACILITIES AT THE WASTEWATER TREATMENT PLANT, CITY PROJECT NO. 21-06
This item was removed from the Consent Calendar for separate discussion and considered unde
r Excluded Consent Calendar.

F. AUTHORIZE ISSUANCE OF A LETTER TO THE FED ERAL RAILROAD

ADMINISTRATION IN SUPPORT OF THE APPLICATION FOR

CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS

GRANT FUNDING FOR THE COACHELLA VALLEY- SAN GORGONIO RAIL

CORRIDOR TIER II PROJECT APPROVAL AND ENVIRONMENTAL

DOCUMENTATION PROJECT

MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 5 -0, to a uthorize issuance of a letter to the Federal Railroad Administration in support of the application for Consolidated Rail Infrastructure and Safety Improvements Grant funding for the Coachella Valley-San Gorgonio Rail Corridor Tier II Project Approval and Environmental Documentation Project.

EXCLUDED CONSENT CALENDAR:

E. APPROVAL OF A PURCHASE ORDER TO CAROLLO ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $325,000 FOR THE DEMOLITION OF

ABANDONED FACILITIES AT THE WASTEWATER TREATMENT PLANT, CITY PROJECT NO. 21-06
In response to City Council inquiries, City Engineer Montalvo narrated a PowerPoint pr
esentation and discussed the potential impacts to park activities, noting that staff will work to minimize interruptions to pickleball and other activities.

MOTION BY COUNCILMEMBER GARNER , SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. A uthorize a Purchase Order in an amount not to exceed $325,000 with Carollo Engineers, Inc., pursuant to the City’s “on- call” agreement (A8563), for design, bid phase services, and construction phase services for the WWTP Demolition of Abandoned Facilities, City Project No. 21-06 (the “Project”).

2. Authorize the City Manager to execute all necessary document s.

Item 1B - 6
City Council Minutes November 4, 2021
City of Palm Springs Page 7

2. PUBLIC HEARINGS:

A. GREEN SAVANTS, LLC, ON BEHALF OF D.L.Y. PACIFIC WEST HALL (OWNER), APPEALING THE JULY 28, 2021 DECISION OF THE PLANNING

COMMISSION TO DENY A CONDITIONAL USE PERMIT APPLICATION TO

OPERATE A CANNABIS CULTIVATION AND MANUFACTURING FACILI TY WITHIN AN EXISTING 19,192- SQUARE FOOT BUILDING LOCATED AT 888 EAST RESEARCH DRIVE (CASE NO. 5.1480 CUP)
Mayor Holstege announced her recusal due to a potential financial conflict of interest and left the meeting. Councilmember Garner announced her recusal due to a conflict of interested related to her source of income and left the meeting.

Development Services Director Fagg narrated a PowerPoint presentation and responded to City Council inquiries.

Mayor Pro Tem Middleton opened the Public Hearing.

Bruce Bauer
, Applicant’s a ttorney, asserted that the dance studio does not quality as a “youth center” and voiced objection to denying the proposed project due to its proximity to the dance studio.

Th
e following individuals spoke in support of the proposed project and urged the City Council to uphold the appeal:
• Aron Velarde
• Rick Pantele
• Steve Rosenberg
• Kathy Lopez
Kat
hy Weremiuk, Chair, Planning Commission, summarized the deliberations leading to the Planning Commission’s interpretation that the dance studio should be considered a youth center.

Vi
cky Oltean, voiced opposition to the proposed project and urged the City Council to deny the appeal.

Edm
ond Chan, Applicant, addressed the security measures that will be implemented and urged the City Council to support the appeal.

The
re being no other desiring speak, Mayor Pro Tem Middleton closed the Public Hearing.

City Council discussion ensued relative to area’s zoning requirements and the hist ory of the dance studio being located within an industrial zone.

Item 1B - 7
City Council Minutes November 4, 2021

City of Palm Springs Page 8

MOTION BY COUNCILMEMBER KORS , SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0 (COUNCILMEMBER GARNER AND MAYOR HOLSTEGE RECUSED), to a dopt Resolution No. 24955 entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING AN

APPEAL BY GREEN SAVANTS, LLC, AND OVERTURNING THE DENIAL DECISION

OF THE PLANNING COMMISSION REGARDING A CONDITIONAL USE PERMIT APPLICATION (CASE NO. 5.1480 CUP) TO OPERATE A CANNABIS CULTIVATION AND MANUFACTURING FACILITY WITHIN AN EXISTING 19,192-SQUARE FOOT BUILDING LOCATED AT 888 EAST RESEARCH DRIVE,” as amended to add a condition of approval to require the use of 100% carbon-free energy.

Clerk Note: Later in the meeting, Councilmember Kors motioned for reconsideration of this Public Hearing. At that time, Councilmember Kors noted that the resolution should be amended to add a condition of approval to require the use of 100% carbon-free energy for ongoing operations. It was noted that the applicant has agreed to the condition. Motion was made by Councilmember Kors, seconded by Councilmember Woods, and carried 3-0 (Mayor Holstege and Councilmember Garner recused).

B. REDISTRICTING 2021: PUBLIC HEARING REGARDING REDISTRICTING OF

CITY COUNCIL BOUNDARIES AS REQUIRED BY ELECTIONS CODE
SECTION 21601 ET SEQ.

City Clerk Mejia introduced Attorney William Priest who narrated a PowerPoint presentation and responded to City Council inquiries.

During the course of discussion, the City Council emphasized that efforts should be taken to minimize the number of residents moved between different election cycles.

Mayor Holstege opened the Public Hearing.

Raghda Zacharia,
encouraged the City Council to focus on the best interest of the City as a whole.

David Friedman, spoke on his interest in the redistricting process; expressed support for the existing boundaries and ensuring that organized neighborhoods remain intact.

There being no others desiring to speak, Mayor Holstege closed the Public hearing.

During the course of discussion, the City Council addressed the importance of citizen voting age population (CVAP) data and future population growth in drafting map options; directed staff to bring forward the goals established by the CVRA Working Group when districts where first established and to develop an accelerated schedule for City Council consideration.

The City Council took no formal action on this matter.

Item 1B - 8
City Council Minutes November 4, 2021

City of Palm Springs Page 9
C. CONDUCT A PUBLIC HEARING UNDER THE TAX AND EQUITY FISCAL RESPONSIBILITY ACT (“TEFRA”) FOR THE PROPOSED ISSUANCE OF

REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY IN AN AMOUNT NOT TO EXCEED $20,000,000 TO FINANCE

THE ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND EQUIPPING OF A 61 -UNIT MULTIFAMILY RENTAL HOUSING FACILITY FOR PEOPLE OF SPECIAL NEEDS, TO BE LOCATED AT 1527 NORTH SUNRISE WAY IN

THE CITY OF PALM SPRINGS, CALIFORNIA

Community and Economic Development Director Virata presented the staff report.

Mayor Pro Tem Middleton opened and closed the Public Hearing, there being no one desiring to speak.

MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 4-0 (WITH MAYOR HOLSTEGE ABSENT), to:

1. Conduct the public hearing under the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”).

2. Adopt Resolution No. 24956
entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ISSUANCE OF

REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCING
AUTHORITY (“CMFA”) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 TO FINANCE A MU LTIFAMILY RENTAL HOUSING FACILITY FOR THE BENEFIT OF VISTA SUNRISE II, L.P., AND CERTAIN OTHER MATTERS RELATING THERETO.”

3. Authorize the City Manager or his designee to execute all necessary documents.

3. LEGISLATIVE:

A. AN INTRODUCTION OF AN ORDINANCE ENTITLED “AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.60.040(D) OF THE PALM SPRINGS MUNICIPAL

CODE, REGARDING DUTIES OF OFFICIALS AND AMENDING SECTION

2.60.050 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING DUTIES

OF APPLICANTS, UNDER THE CITY OF PALM SPRINGS PUBLIC
INTEGRITY ORDINANCE”

City Attorney Ballinger presented the staff report and responded to City Council inquiries.

(City Council action continued on the next page)

Item 1B - 9
City Council Minutes November 4, 2021

City of Palm Springs Page 10

MOTION BY COUNCILMEMBER KORS , SECOND BY COUNCILMEMBER
GARNER, CARRIED 4-0 ( WITH MAYOR HOLSTEGE ABSENT) , to introduce Ordinance No. 2052 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.60.040(D) OF

THE PALM SPRINGS MUNICIPAL CODE, REGARDING DUTIES OF OFFICIALS AND AMENDING SECTION 2.60.050 OF THE PALM SPRINGS MUNICIPAL CODE,

REGARDING DUTIES OF APPLICANTS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE.” City Clerk Mejia read the ordinance by title.

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

A. REVIEW AND DIRECTION REGARDING ELECTRONIC SYSTEMS AND

RECORDS POLICIES

City Attorney Ballinger presented the staff report and responded to City Council inquiries.

Mayor Holstege requested that staff develop a FAQ on the new policies.

MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 5 -0, to direct the City Attorney to move forward with the meet and confer process relative to the proposed policies.

B. DISCUSSION OF POTENTIAL NAVIGATION CENTER AT 3589 MCCARTHY ROAD AND 4775 E. RAMON ROAD

City Attorney Ballinger advised that Mayor Holstege may participate on this agenda item, noting that her spouse has agreed to not receive compensation as a broker for the Ramon Road property if selected for the Navigation Center. Mayor Holstege announced that she will recuse herself on the Ramon Road property out of an abundance of caution and left the meeting.

Community and Economic Development Director Virata and Greg Rodriguez, County of Riverside, narrated a PowerPoint presentation and responded to City Council inquiries.

Councilmember Garner expressed concern regardi ng the lack of specific data such as the types of services to be offered, number of beds needed, ongoing operating costs and funding sources; noted her disappoint relative to the lack of outreach to neighborhoods surrounding the McCarthy site.

Discussion ensued relative to the site constraints at the Ramon Road site, addressing security, loitering and other problematic behavior, ensuring high- quality services and monitoring results, utilizing a housing- first approach , selecting a service provider with proven results, and future expansion opportunities.

The City Council concurred that the Ramon Road site is not viable for the proposed Navigation Center.

Item 1B - 10
City Council Minutes November 4, 2021

City of Palm Springs Page 11
Mayor Holstege returned to the meeting.

Discussion ensued relative to the grant application process and timeline for escrow and development of the McCarthy sit e; to immediately issue a Request for Proposals for a service provider to ensure that operating details can be communicated during the community outreach process. City Manager Clifton confi rmed that the City would likely be the lead agency in purchasing the property.

MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 4-1, (COUNCILMEMBER GARNER VOTING NO) to: 1) pursue acquisition of 3589 McCarthy Road, contingent upon a funding commitment of $7 million from the County of Riverside; and 2) direct staff to develop a coordinate d community outreach program, including the Desert Highland and adjacent neighborhoods, relative to the design and community needs for the Navigation Center.

C. DISCUSSION OF CURRENT, PLANNED, AND POTENTIAL ADDITIONAL

ACTIONS TO MITIGATE CLIMATE CHANGE AND ADAPT TO CLIMATE

IMPACTS

This item was continued to the City Council meeting of November 18, 2021.

ADJOURNMENT:

The City Council adjourned at 11:55 p.m.

Respectfully submitted,

Anthony J. Mejia, MMC
City Clerk

APPROVED BY CITY COUNCIL: __/__/2022
Item 1B - 11

CITY COUNCIL STAFF REPORT
02/10/2022 1. C.

City Clerk -

SUBJECT
APPROVAL OF AMENDMENT NO. 5 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-22
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-2022, ADOPTED BY RESOLUTION NO. 24912.”

1. Authorize the City Manager to execute all necessary documents.2.

Attachments
Item 1C

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 10, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 5 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-22
FROM: Justin Clifton, City Manager
BY: Jeremy Hammond, Director of Human Resources
SUMMARY:

The City Council will consider an amendment to the current fiscal year Allocated Positions and Compensation Plan, which would result in the addition of one new Deputy City Manager, the reallocation of two positions within a bargaining unit, and the reclassification of a position.

RECOMMENDATION:

1. Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO

THE ALOOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-2022, ADOPTED BY RESOLUTION NO. 24912.”

2. Authorize the City Manager to execute all necessary documents.

STAFF ANALYSIS:

As part of the ongoing analysis of the organization and the development of operational efficiencies, the City Manager is proposing to augment the senior leadership team. It is recommended that the City Council authorize the addition of one new Deputy City Manager. This is a net new position. This position will provide leadership to administrative service departments including Human Resources, Information Technology, Purcha sing and the City Clerk. This will allow the organization to continue its goal of consolidating and optimizing front-facing customer service-focused departments. This position will report directly to the City Manager.

The Allocated Positions and Compensation Plan (the Plan) currently reflects the position of Administrative Secretary in Engineering Services. As a result of a recent reorganization and the placement of a Deputy City Manager , the incumbent’s job duties have evolved.

Item 1C - 1
The incumbent will provide support to Community/Economic Development and Development Services including Building and Safety, Engineering Services, Planning, and the Office of Sustainabili ty. The Council is asked to authorize the reclassification of this position to Administrative Coordinator. This move keeps the position in the same bargaining unit but reflects the evolution of the work . This is not a net -new position, but rather a reclassification of an existing position.

The Plan currently reflects the position of Account Specialist I in the Fire Department.

This position provides complex accounting support to the Fire Chief. The position has evolved under the direction of the Fire Chief who has requested that the position be reclassified at a higher level to reflect the assignment of more complex duties. This report recommends the reclassification of this position to Account Specialist II. This is not a net- new position, but rather a reclassification of an existing position.

The Plan currently reflects the position of Administrative Assistant in the Police Department. This position provides support directly to the Chief of Police and has access to legally restricted and confidential information. This report recommends the reclassification of the incumbent to Executive Programs Administrator (EX2/52). Due to the sensitivity and restricted access of the information regularly used in the performance of their duties, this position would be placed in the Executive (EX) labor group. This is not a net new position, but rather a reclassification of an existing position.

Staff recommends that the City Council approve amending the FY 2021-2022 Allocated Positions and Compensation Plan by adding a Deputy City Manager, reclassifying an Administrative Secretary to Administrative Coordinato r, reclassifying an Administrative Assistant to Executive Program Administrator and reclassifying an Account Specialist I to Account Specialist II in the Fire Department.

FISCAL IMPACT:

Appropriate $131,741 from General Fund Balance.

REVIEWED BY:

Department Director: Jeremy Hammond
City Manager: Justin Clifton
ATTACHMENTS:

A. Resolution.

B. Amended Allocated Positions and Compensation Plan.

C. Amended Salary Schedules.

Item 1C - 2
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS , CALIFORNIA, APPROVING
AMENDMENT NO. 5 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN FOR FISCAL YEAR 202 1-
2022, ADOPTED BY RESOLUTION NO. 24912.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the Allocated Positions and Compensation Plan for positions in the City Service is hereby amended as follows:

Department Action Classification Unit/Range
Development Services Reclass Administrative Coordinator MX41 Fire Reclass Account Specialist II G39
Police Reclass /
Unit Change Executive Program Administrator EX2 52
City Manager Add Deputy City Manager EX4 84
SECTION 2. The Director of Human Resources is authorized and directed to modify the Fiscal Year Allocated Positions Plan and fulfill any meet and confer process(es) in accordance with these changes.

SECTION 3. The position changes approved by this resolution shall be effective on February 20, 2022.

Total Authorized positions 2021-2022 (As Adopted) 516.00 Total Authorized positions 2021-2022 (Amendment 1) 517.00 Total Authorized positions 2021-2022 (Amendment 2) 517.00 Total Authorized positions 2021-2022 (Amendment 3) 519.00 Total Authorized positions 2021-2022 (Amendment 4) 519.00 Total Authorized positions 2021-2022 (Amendment 5) 520.00 Item 1C - 3
ADOPTED THIS 10TH DAY OF JANUARY, 2022
Justin Clifton, City Manager
ATTEST:

Anthony Mejia, City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on this 10th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Anthony Mejia, City Clerk
City of Palm Springs, California
Item 1C - 4
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan AVIATION 58.00
Airport Administration Section Total 8.00
Executive Director PS International Airport EX3 83 1.00 Assistant Airport Director EX3 70 1.00
Executive Program Administrator EX2 52 1.00
Executive Administrative Assistant EX2 45 1.00
Deputy Director of Aviation - Marketing MX 62 1.00
Airport Administration Manager MX 61 1.00
Administrative Secretary MX 39 1.00
Account Specialist II G 39 1.00
Control Center Operations Section Total 21.00
Airport Operations Manager MX 56 1.00
Airport Security Coordinator MX 54 1.00
Airport Operations Supervisor MX 50 4.00
Airport Operations Specialist II G 46 1.00
Airport Operations Specialist I G 44 14.00
Airport Operations Aide G 34 0.00
Terminal Operations Section Total 29.00
Maintenance Superintendent MX 54 1.00
Maintenance Supervisor MX 51 3.00
Maintenance Technician, Senior G 45 1.00
Maintenance Technician II G 39 3.00
Maintenance Technician I G 35 2.00
Maintenance Worker, Lead G 38 2.00
Maintenance Worker I G 28 14.00
Industrial Technician G 45 3.00
CITY CLERK 5.00
City Clerk Section Total 5.00
City Clerk EX4 73 1.00
Chief Deputy City Clerk MX 54 1.00
Deputy City Clerk MX 40 1.00
Executive Administrative Assistant EX2 45 1.00
Executive Services Assistant G 28 1.00
Dept./Section/Classification Unit Range Allocated
Positions
Revised December 9, 2021
Item 1C - 5
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
CITY COUNCIL 2.00
City
Council Section Total 2.00
Executive Assistant Mayor/Council EX2 48 1.00
Executive Administrative Assistant EX2 45 1.00
CITY MANAGER 8.00
Ci
ty Manager Section Total 4.00
City Manager CM FLAT 1.00
Special Assistant to the City Manager EX2 66 1.00
Executive Services Administrator EX2 48 1.00
Deputy City Manager EX4 84 1.00
Assistant City Manager Section Total 2.00
Assistant City Manager¹ EX4 88 1.00
Executive Administrative Assistant (Funded in Dev Services) EX2 45 1.00 Neighborhood Development & Relations Section Total 1.00 Office of Neighborhoods, Manager EX2 60 1.00
Public Affairs Section Total 1.00
Director of Communications EX2 60 1.00
COMMUNITY & ECONOMIC DEVELOPMENT 9.00
Co
mmunity & Economic Development Section Total 5.72
Deputy City Manager EX4 84 1.00
Director of Community & Economic Development EX3 76 0.27 Administrative Coordinator MX 41 1.00
Community Development Administrator MX 53 0.45
Central Business District Administrator MX 59 0.50
Director of Fund Development EX2 59 1.00
Housing Services Administrator MX 57 1.00
Redevelopment Coordinator MX 51 0.50
Community Development Block Grant Section Total 0.20
Community Development Administrator MX 53 0.20
CRA Merged Area #1/Merged #1 CAP Successor Section Total 1.43 Director of Community & Economic Development EX3 76 0.43 Central Business District Administrator MX 59 0.50
Redevelopment Coordinator MX 51 0.50
Revised December 9, 2021
Item 1C - 6
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Housing Successor Project Section Total 0.20
Director of Community & Economic Development EX3 76 0.15 Community Development Administrator MX 53 0.05
New Housing Section Total 1.15
Director of Community & Economic Development EX3 76 0.15 Community Development Administrator MX 53 0.30
Housing Program Assistant G 39 0.70
Rent Control Section Total 0.30
Housing Program Assistant G 39 0.30
DEVELOPMENT SERVICES 41.00
Bu
ilding & Safety Section Total 13.33
Building Official EX2 67 1.00
Plans Examiner Supervisor MX 55 1.00
Building Inspector Supervisor MX 51 1.00
Administrative Coodinator MX 41 1.00
Plans Examiner G 47 2.00
Building Inspector G 45 4.00
Permit Center Technician G 43 3.33
Engineering Services Section Total 14.33
City Engineer EX3 79 1.00
Administrative Secretary MX 39 1.00
Civil Engineer, Associate¹ MX 59 2.00
Civil Engineer, Senior¹ (Funded in Wastewater) MX 64 1.00 Civil Engineer, Senior (Funded in Aviation) MX 64 1.00
Engineering Assistant MX 51 1.00
Engineering Assistant, Senior¹ MX 53 1.00
Engineering Associate MX 59 1.00
Public Works Inspector, Senior¹ MX 52 1.00
Permit Center Technician¹ G 43 1.33
Principal Engineer MX 66 1.00
Public Works Inspector1
G 46 2.00
Planning Services Section Total 11.34
Director of Development Services EX3 81 1.00
Assistant Director of Planning EX3 70 1.00
Principal Planner MX 66 2.00
Revised December 9, 2021
Item 1C - 7
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Associate Planner MX 52 3.00
Assistant Planner MX 47 1.00
Administrative Coordinator MX 41 1.00
Administrative Secretary MX 39 1.00
Planning Technician G 41 1.00
Permit Center Technician G 43 0.34
Office of Sustainability Section Total 0.50
Office of Sustainability Manager EX2 64 0.25
Program Coordinator G 35 0.25
Recycling Section Total 1.50
Office of Sustainability Manager EX2 64 0.75
Program Coordinator G 35 0.75
FINANCE & TREASURY 20.00
Administration & Treasury Section Total 5.00
Director of Finance & Treasurer EX3 82 1.00
Accounting Manager MX 59 1.00
Auditor MX 54 2.00
Executive Administrative Assistant EX2 45 1.00
Accounting & Accounts Receivable Section Total 4.00
Assistant Director of Finance EX3 72 1.00
Accountant MX 51 2.00
Account Specialist II G 39 1.00
Budget, Audit & Revenue Section Total 6.00
Audit & Revenue Supervisor MX 58 1.00
Budget Analyst MX 54 1.00
Account Specialist G 35 1.00
Account Clerk I G 28 1.00
Account Clerk II G 31 2.00
Payroll & Accounts Payable Section Total 5.00
Account Technician, Senior MX 45 1.00
Accounting Supervisor MX 58 1.00
Payroll Coordinator MX 46 1.00
Account Specialist G 35 2.00
Revised December 9, 2021
Item 1C - 8
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
FIRE 81.00
Air
port Rescue Firefighting Section Total 9.00
Fire Engineer (includes Paramedic classification) F 45 - 46 9.00 CFD Public Safety Fire Section Total 0.80
Fire Captain (includes Paramedic classification) F 64 - 65 0.80 Fire Administration Section Total 68.70
Fire Battalion Chief FMX 70 4.00
Fire Captain (includes Paramedic classification) F 64 - 65 17.20 Fire Chief EX4 82 1.00
Fire Deputy Chief FMX 78 2.00
Fire Engineer (includes Paramedic classification) F 45 - 46 15.00 Firefighter (includes Paramedic classification) F 40 - 41 18.50 Firefighter (overhire) F 40 - 41 1.00
Account Specialist II G 39 1.00
Administrative Assistant MX 45 1.00
Clerical Assistant G 23 1.00
Emergency Management Coordinator MX 51 1.00
Fire Marshal MX 64 1.00
Fire Prevention Specialist G 42 4.00
Plans Examiner II G 54 1.00
Safety Augmentation - Fire Section Total 2.50
Firefighter (includes Paramedic classification) F 40 - 41 2.50 HUMAN RESOURCES 9.00
Em
ployee Benefits Section Total 1.75
Director of Human Resources EX4 76 0.30
Executive Program Administrator EX2 52 0.20
Human Resources Manager EX2 63 0.20
Human Resources Specialist, Senior MX 50 0.65
Human Resources Technician G 37 0.40
Human Resources Section Total 2.95
Director of Human Resources EX4 76 0.25
Executive Program Administrator EX2 52 0.50
Human Resources Manager EX2 63 1.50
Human Resources Specialist, Senior MX 50 0.50
Human Resources Technician G 37 0.20
Revised December 9, 2021
Item 1C - 9
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Workers Compensation Section Total 4.30
Director of Human Resources EX4 76 0.45
Executive Program Administrator EX2 52 0.30
Human Resources Manager EX2 63 0.30
Human Resources Specialist MX 43 0.00
Human Resources Specialist, Senior MX 50 1.85
Human Resources Technician G 37 0.40
Occupational Health & Safety Specialist EX2 55 1.00
INFORMATION TECHNOLOGY 13.00
Information Technology Section Total 13.00
Director of Information Technology EX3 78 1.00
Assistant Director of Information Technology EX3 72 1.00 Business Systems Analyst MX 52 1.00
GIS Analyst MX 49 1.00
Information Technology Manager MX 67 0.00
Information Technology Network Engineer MX 64 1.00
Information Technology Analyst MX 48 1.00
Network Administrator MX 54 3.00
Information Technology Technician G 46 4.00
LIBRARY 14.25
Library Section Total 14.25
Director of Library Services EX3 72 1.00
Library & Public Services Manager MX 49 1.00
Library Operations & Collections Manager MX 49 1.00
Librarian MX 45 4.50
Library Assistant, Senior G 29 1.00
Library Assistant G 25 5.50
Library Page G 12 0.25
MAINTENANCE & FACILITIES 51.00
Downtown/Uptown Maintenance Section Total 11.00
Maintenance Supervisor MX 51 1.00
Maintenance Worker, Lead G 38 2.00
Maintenance Worker I G 28 8.00
Revised December 9, 2021
Item 1C - 10
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Facilities Maintenance Section Total 18.00
Director of Maintenance & Facilities EX2 67 1.00
Assistant Director of Maintenance & Facilities EX2 63 1.00 Maintenance Supervisor MX 51 1.00
Account Clerk II G 31 1.00
Account Specialist II G 39 1.00
Administrative Secretary MX 39 1.00
Cogeneration Technician, Senior G 51 1.00
Cogeneration Technician G 41 1.00
Maintenance Electrician HVAC G 45 2.00
Maintenance Electrician HVAC (Funded in Aviation) G 45 2.00 Maintenance Electrician G 45 1.00
Maintenance Electrician (Funded in Aviation) G 45 1.00
Maintenance Mechanic, Senior G 45 1.00
Maintenance Mechanic I - Building G 35 3.00
Fleet Operations Section Total 8.00
Fleet Maintenance Manager MX 58 1.00
Fleet Maintenance Technician III/Service Writer G 45 1.00 Fleet Maintenance Technician III G 42 2.00
Fleet Maintenance Technician II G 39 2.00
Parts Specialist G 30 1.00
Parts & Office Assistant G 26 1.00
Parks Maintenance Section Total 5.00
Maintenance Supervisor MX 51 1.00
Maintenance Mechanic I - Parks G 35 2.00
Maintenance Worker I G 28 2.00
Street Cleaning Section Total 0.25
Street Maintenance Manager MX 55 0.25
Street Maintenance Section Total 8.75
Street Maintenance Manager MX 55 0.75
Street/Traffic Maint Worker/Senior Heavy Equip Operator G 44 1.00 Street/Traffic Maintenance Worker, Lead G 38 2.00
Street/Traffic Maintenance Worker G 31 5.00
Revised December 9, 2021
Item 1C - 11
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
POLICE 170.00
Airport Security Section Total 10.00
Police Officer (Aviation - TSA) (includes Senior & Master Officer classifications) P 45 - 47 2.00 Police Officer (Aviation) (includes Senior & Master Officer classifications) P 46 - 47 7.00 Police Sergeant (Aviation) (includes Sergeant II & III classifications) P 55 - 57 1.00 Animal Services Section Total 3.00
Animal Services Officer G 36 3.00
CFD Public Safety Police Section Total 2.00
Police Officer (includes Senior & Master Officer classifications) P 45 - 47 2.00 Code Compliance Section Total 15.00
Code Compliance Officer G 41 12.00
Code Compliance Supervisor MX 53 2.00
Secretary, Senior G 33 1.00
Dispatch Center Section Total 16.00
Dispatcher Supervisor MX 46 2.00
Dispatcher G 40 14.00
Police Administration & Enforcement Section Total 118.00 Police Chief EX4 89 1.00
Executive Program Administrator EX2 52 1.00
Police Captain PMX 73 2.00
Police Lieutenant PMX 66 5.00
Police Sergeant (includes Sergeant II & III classifications) P 55 - 57 15.00 Police Officer (includes Senior & Master Officer classifications) P 45 - 47 66.00 Police Officer (Overhire) (includes Senior & Master Officer classifications) P 45 - 47 2.00 Crime Scene Technician G 44 1.00
Police Services Supervisor MX 44 1.00
Community Outreach & Media Specialist G 41 1.00
Crime Analyst G 41 1.00
Rangemaster G 41 1.00
Professional Standards Coordinator G 38 1.00
Property Technician G 37 2.00
Community Service Officer G 36 7.00
Police Records Technician G 36 1.00
Account Specialist G 35 1.00
Secretary, Senior G 33 1.00
Police Trainee G 30 0.00
Police Services Officer G 30 8.00
Revised December 9, 2021
Item 1C - 12
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
AB109 - Police Section Total 1.00
Police Officer (includes Senior & Master Officer classifications) P 45 - 47 1.00 Jail Transport Operations Section Total 3.00
Jail Transport Officer G 31 3.00
Safety Augmentation - Police Section Total 2.00
Police Officer (includes Senior & Master Officer classifications) P 45 - 47 2.00 PROCUREMENT & CONTRACTING 3.00
Procurement & Contracting Section Total 3.00
Procurement & Contracting Manager MX 61 1.00
Procurement Specialist II MX 48 1.00
Procurement Specialist I MX 43 1.00
RECREATION 29.75
Demuth Park Family Center Section Total 3.75
Recreation Supervisor MX 41 1.00
Recreation Program Assistant G 21 2.75
James O. Jessie DHUC Section Total 6.70
Director of Parks & Recreation EX3 76 0.20
Community Center Manager MX 54 1.00
Program Coordinator G 35 1.00
Recreation Program Assistant G 21 4.50
Recreation Administration Section Total 11.30
Director of Parks & Recreation EX3 76 0.80
Special Events Manager² MX 54 1.00
Recreation Supervisor MX 41 1.00
Program Coordinator² G 35 2.00
Secretary, Senior G 33 1.00
Recreation Program Aide G 24 1.00
Recreation Program Assistant G 21 3.50
Account Clerk I G 28 1.00
Swim Center Section Total 8.00
Aquatics Supervisor G 26 1.00
Lifeguard, Lead G 23 1.00
Lifeguard G 20 6.00
Revised December 9, 2021
Item 1C - 13
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
SPECIAL PROGRAM COMPLIANCE 6.00
Special Program Compliance Section Total 6.00
Director of Special Program Compliance EX2 60 1.00
Account Clerk II G 31 2.00
Account Technician, Senior MX 45 1.00
Administrative Secretary MX 39 1.00
Executive Program Administrator EX2 52 1.00
FY 2021-22 520.00
FY 2021-22 Amendment 3 Total Positions 519.00
FY 2021-22 Amendment 2 Total Positions 517.00
FY 2021-22 Amendment 1 Total Positions 517.00
FY 2021- 22 Total Positions 516.00
FY 2020-21 Amendment 2 510.00
FY 2020-21 Amendment 1 507.00
FY 2020-21 506.00
CM Denotes City Manager position

EX Denotes exempt positions
F
FMX
G Denotes general unit positions represented by the Public Employees Association of Palm Springs MX Denotes management, professional and confidential positions represented by the Management Association of Palm Springs P
PMX
1 2 Denotes positions funded through Village Fest and Special Events Denotes positions partially funded through the Waste Water Treatment Plant Total Positions
Total Positions
Total Positions
Total Positions
Denotes firefighter positions represented by the Palm Springs Firefighters Association Denotes fire management positions represented by the Palm Springs Fire Management Association Denotes police safety positions represented by the Palm Springs Police Officers' Association Denotes police management positions represented by the Palm Springs Police Management Association Revised December 9, 2021
Item 1C - 14

CITY COUNCIL STAFF REPORT
02/10/2022 1. D.

City Clerk -

SUBJECT

ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS TO ENTER INTO AN AGREEMENT WITH THE GOVERNOR’S OFFICE

OF BUSINESS AND ECONOMIC DEVELOPMENT FOR CANNABIS EQUITY GRANT FUNDING FOR THE FISCAL YEAR 21/22
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ENTER INTO AN AGREEMENT WITH THE GOVERNOR’S OFFICE OF BUSINESS AND ECONOMIC
DEVELOPMENT FOR CANNABIS EQUITY GRANT FUNDING FOR THE
FISCAL YEAR 21/22.”

1. Authorize the City Manager to execute all documents consistent with this Resolution.

2. Attachments
Item 1D

CITY COUNCIL STAFF REPORT
DAT
E: February 10, 2022 CONSENT CALENDAR
SUBJECT: ADOPTION OF A RESOLUTION OF THE CITY COUN CIL OF THE CITY

OF PALM SPRINGS TO ENTER INTO AN AGREEMENT WITH THE
GOVERNOR’S OFFICE OF BUSINESS AND ECONOMIC

DEVELOPMENT FOR CANNABIS EQUITY GRANT FUNDING FOR THE
FISCAL YEAR 21/22
FROM: Justin Clifton, City Manager
BY: Veronica Goedhart, Director Department of Special Program Compliance SUMMARY:

Sta
ff seeks authorization to enter into an agreement for grant funding in the amount of $1,303,588 through the Governor’s Office of Business and Economic Development (GO- BIZ) for State Cannabis Equity Grant funding for the fiscal year 21/22. Staff recommends the City adopt the Resolution authorizing the City Manager to execute the agreement for grant funds authorized by The California Cannabis Equity Act of 2018 established by Senate Bill 1294 and as amended by Assembly Bill 97.

RECOMMENDATION:

1. Adop
t Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, TO ENTER INTO AN AGREEMENT WITH THE GOVERNOR’S OFFICE OF BUSINESS AND ECONOMIC

DEVELOPMENT FOR CANNABIS EQUITY GRANT FUNDING FOR THE FISCAL YEAR 21/22.”

2. Authorize the City Manager to execute all documents consistent with this Resolution.

BACKGROUND:

On March 20, 2019, City Council adopted a Resolution authorizing the implementation of the Cannabis Social Equity Program ( “Program”). The Program as proposed was contingent on funding by the Cannabis Equity Act of 2018 (“Act”) . On October 9, 2019 , the City was notified of their approval for grant funding in the amount of $100,000. The grant funds received from the Bureau of Cannabis Control are for the purpose of assisting Item 1D - 1
City Council Staff Report
February 10, 2022 -- Page 2
Social Equity Grant Funding
local equity applicants and local equity licensees to gain entry to and successfully operate in the State’s regulated cannabis marketplace. On April 15, 2020, the City was notified of their approval for grant funding in the amount of $149,397. The grant funds received from the Governor’s Office of Business and Economic Development are for further development of the City’s cannabis equity program and to complete a cannabis equity assessment. In February 2021, the City received a grant award of $869,540.18 to provide direct assistance to qualified equity permittees and applicants.

On October 1, 202 1, t he Governor’s Office of Business and Economic Development announced the release of the Grant Solicitation for the Cannabis Equity Grants Program for local jurisdictions for the fiscal year 202 1-22. The City applied for and received an award of $1,303,588. Funds may be utilized to provide assistance with startup and ongoing costs, including but not limited to rent, leases, local and state application and licensing fees, regulatory adherence, testing of cannabis, equipment, capital improvements, and training and retention of a qualified and diverse workforce.

More information about the Cannabis Equity Grant may be found at:
https://business.ca.gov/cannabis-equity-grants-program-for-local-jurisdictions/ STAFF ANALYSIS:

Pal
m Springs has been on the forefront of cannabis legalization. The City will utilize grant funds to provide assistance to communities that have been disproportionately impacted by cannabis prohibition. The goal of the program is to ensure inclusion of members of these communities in the legal cannabis industry. To date, the City has approved two social equity applicants; one has completed the local and state permitting process and is operating. There have been numerous inquiries regarding additional equity assistance.

The ability to provide financial assistance to permittees creates a greater opportunity for success in the legalized cannabis marketplace.

ENVIRONMENTAL IMPACT:

According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

The Cit
y’s Social Equity Program is solely funded by the grant funds from the State of California. There is no required City match.

Item 1D - 2
City Council Staff Report
February 10, 2022 -- Page 3
Social Equity Grant Funding
REVIEWED BY:

Department Director: Veronica Goedhart
Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton
ATTACHMENTS:

A. P
roposed Resolution.

Item 1D - 3
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AUTHORIZING STATE OF

CALIFORNIA CANNABIS EQUITY GRANT FUNDING

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

WHEREAS, the members of the California Legislature have recognized the need for Cannabis Equity grant funding;
WHEREAS, funding has been provided to the Governor’s Office of Business and Economic Development to provide grant funds to local governments; WHEREAS, the City of Palm Sprin gs has adopted and operates a local equity program for commercial cannabis activity; and
WHEREAS, the City of Palm Springs has determined that it will use grant funds from the Governor’s Office of Business and Economic Development to assist local equity applicants and licensees through its local equity program for commercial cannabis activity as described in its application for grant funds.

SECTION 1. NOW, THEREFORE, BE IT RESOLVED that Justin Clifton, City Manager of the City of Pal m Springs, is author ized to execute by electronic signature on behalf of the City of Palm Springs the grant agreement with the Governor’ s Office of Business and Economic Development, including any extensions or amendments thereof and any subsequent grant agreement with the Governor’s Office of Business and Economic Development in relation thereto.

SECTION 2. IT IS AGREED that any liability arising out of the performance of this grant agreement, including civil court actions for damages, shall be the responsibility of the g rant recipient and the authorizing agency. The Governor’s Office of Business and Economic Development and the State of California disclaim responsibility for any such liability.

ADOP
TED THIS ___TH DAY OF FEBRUARY, 2022.

JUS TIN CLIFTON

CITY MANAGER
ATTEST:

ANTHONY J. MEJIA, MMC

CITY CLERK
Item 1D - 4
Resolution No. _____

Page 2 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the off icial seal of the City of Palm Springs, California, this ______ day of ______________, _________.

ANT HONY J. MEJIA, MMC

CITY CLERK
Item 1D - 5

CITY COUNCIL STAFF REPORT
02/10/2022 1. E.

City Clerk -

SUBJECT

MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS FIRE

MANAGEMENT ASSOCIATION
RECOMMENDATION:

Adopt a Resolution No. entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM
SPRINGS FIRE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 2023, SUBJECT TO ASSOCIATION EXECUTING THE MEMORANDUM OF UNDERSTANDING.”

2. Attachments
Item 1E

CITY COUNCIL STAFF REPORT
DAT
E: February 10, 2022 CONSENT CALENDAR
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE P ALM SPRINGS

FIRE MANAGEMENT ASSOCIATION
FROM: Justin Clifton, City Manager
BY: D epartment of Human Resources
SUMMARY:

The C
ity has reached a tentative Memorandum of Understanding (MOU) agreement with the Palm Springs Fire Management Association (PSF MA). The City Council will consider adopting a Resolution approving the Memorandum of Understanding between the City and the Association.

RECOMMENDATION:

1. Adopt
R esolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM

OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS

AND CONDITIONS OF EMPLO YMENT FOR EMPLOYEES IN THE PAL M SPRINGS FIRE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 202 3, SUBJECT TO ASSOCIATION EXECUTING THE MEMORANDUM OF UNDERSTANDING.”

2. Authorize the City Manager to execute the Memorandum of Understanding (MOU) and all documents necessary to effectuate the above acti on, including the allocation and compensation plans, agreements and contracts, and any non - substantial MOU language or reorganization.

STAFF ANALYSIS:

Th
e City and representatives of PSFMA have met and conferred in good faith and have reached an agreement on the terms and conditions of the MOU governing employees of the City represented by PSFMA for the period July 1, 2021 through June 30, 2023.

The two-year term agreement with PSFMA does not provide for base wage increase but includes Longevity Pay, m axing out at 10% after 20 years of ser vice. The agreement also provides a one-time lump sum payment of 2.18% of base salary for the period July 1, 2020 – June 30, 2021. Other changes include an acknowledgment of the City’s built- Item 1E - 1
City Council Staff Report
February 10, 2022 -- Page 2

PSFMA MOU

in health care contribution increases, adding the Junetee nth holiday, increasing the Retiree Health Savings account contribution and the tiering of bilingual pay.

The agreement was reached through negotiations with PSFMA and the City Negotiation team, which jointly recommend City Council adoption of the MOU.

FISCAL IMPACT:

Approval o f the MOU will require an appropriation of $56,837 from General Fund Balance. During the term of the agreement, the anticipated new annual cost is:

Year 1 (February through June) - $56,837
Year 2 Increase - $90,704

REVIEWED BY:

Department Director: Jeremy Hammond
City Manager: Justin Clifton

ATTACHMENTS:

A. Resolution.

B. M emorandum of Understanding.

Item 1E - 2
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING

MEMORANDUM OF UNDERSTANDING RELATIVE TO

WAGES, HOURS, AND OTHER TERMS AND

CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN

THE PALM SPRINGS FIRE MANAGEMENT ASSOCATION
FOR THE PERIOD JULY 1, 20 21 THROUGH JUNE 30,
2023, SUBJECT TO ASSOCIATION EXECUTING THE
MEMORANDUM OF UNDERSTANDING.

WHEREAS, Resolution 16438 designates the City Manager (acting personally or through a delegee) with authority to meet an d confer in good faith on matters within the scope of representation including wages, hours, and other terms and conditions of employment; and

WHEREAS, the City Negotiation Team has met and conferred in good f aith on wages, hours, terms and other conditions of em ployment with the Palm S prings Fire Management Association (“PSFMA”); and

WHEREAS, PSFMA and the City Negotiation Team jointly recommend adoption of such Memorandum of Understanding by the City Council.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES H EREBY RESOLVE AS FOLLOWS:

SECTION 1. That the Memorandum of Understanding between PSFMA and the City, for the period July 1, 2021 through June 30, 202 3, on fi le with the City Clerk and incorporated herein by this reference, is hereby approved upon execution of said Memorandum of Understanding.

SECTION 2. T he City Manager is authorized and direct ed to fulfill any meet and confer process(es) in acc ordance with these changes and execute documents necessary to effectuate the above actions in a form acceptable to the City Attorney.

ADOPTED THIS 10TH DAY OF FEBRUARY 2022.

JUSTIN CLIFTON

CITY MANAGER
ATTEST:

ANTHONY J. MEJIA, MMC

CITY CLERK
Item 1E - 3
Resolution No. _____

Page 2 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopt ed at a regular meeting of the City Council of the City of Palm Springs on February 10, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 10
th day of February, 2022.

ANTHONY J. MEJIA, MMC

CITY CLERK
Item 1E - 4

PALM SPRINGS

FIRE MANAGEMENT

ASSOCIATION
(PSFMA)

MEMORANDUM OF

UNDERSTANDING

JULY 1, 2021 – JUNE 30, 2023
Item 1E - 5

The Palm Springs Fire Management Association (PSFMA)
Memorandum of Understanding
July 1, 2021 – June 30, 2023

GENERAL PROVISIONS ........................................................................................................................................... 1 ARTICLE 1, TERM ......................................................................................................................................... 1 ARTICLE 2, RECOGNITION ......................................................................................................................... 1 ARTICLE 3, PRACTICES ............................................................................................................................... 1 ARTICLE 4, FEDERAL AND STATE LAWS .................................................................................................. 1 ARTICLE 5, MAINTENANCE OF BENEFITS ................................................................................................ 1 COMPENSATION/OTHER PAY ................................................................................................................................ 2 ARTICLE 6, SALARIES .................................................................................................................................. 2 ARTICLE 7, OTHER COMPENSATION ........................................................................................................ 2 ARTICLE 8, OVERTIME AND COMPENSATORY TIME OFF ....................................................................... 5 ARTICLE 9, UNIFORM ALLOWANCE ........................................................................................................... 6 BENEFITS .................................................................................................................................................................. 7 ARTICLE 10, HEALTH, DENTAL, VISION AND OTHER INSURANCE .......................................................... 7 ARTICLE 11, HEALTH INSURANCE FOR RETIREES .................................................................................. 8 ARTICLE 12, RETIREMENT .......................................................................................................................... 9 ARTICLE 14, IRS 125 PLAN ........................................................................................................................ 11 WORK HOURS/LEAVE ........................................................................................................................................... 12 ARTICLE 15, WORK SCHEDULES ............................................................................................................. 12 ARTICLE 16, VACATION ............................................................................................................................ 12 ARTICLE 17, HOLIDAYS ............................................................................................................................. 13 ARTICLE 18, SICK LEAVE........................................................................................................................... 14 ARTICLE 19, FORTY HOUR CONVERSION ............................................................................................... 15 ARTICLE 20, SHIFT TRADING .................................................................................................................... 15 ARTICLE 21, JURY DUTY ........................................................................................................................... 15 EMPLOYER/EMPLOYEE RELATIONS ................................................................................................................... 16 ARTICLE 22, DRUG POLICY/DRUG SCREENING .................................................................................... 16 ARTICLE 23, NON-TOBACCO USE REQUIREMENT ................................................................................ 16 ARTICLE 24, BOMB SEARCH ..................................................................................................................... 16 ARTICLE 25, FILLING VACANCIES ............................................................................................................ 16 ARTICLE 26, BOARD OF DIRECTORS ...................................................................................................... 16 ARTICLE 27, PAYROLL DEDUCTION FOR ASSOCIATION ....................................................................... 16 ARTICLE 28, STRIKES AND WORK STOPPAGES .................................................................................... 16 ARTICLE 29, GRIEVANCE PROCEDURE .................................................................................................. 17 ARTICLE 30, DISCIPLINE ........................................................................................................................... 19 ARTICLE 31, WAIVER OF FURTHER BARGAINING ON TERMS WITHIN THE MOU .................................. 23 ARTICLE 34, REQUIREMENT TO LIVE WITHIN 150 MILES OF THE CITY LIMITS .................................. 23 APPENDIX A. DRUG POLICY/DRUG SCREENING ................................................................................... 24

Item 1E - 6

1 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN

THE CITY OF PALM SPRINGS (CITY)

AND THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION (PSFMA) JULY 1, 2021 – JUNE 30, 2023

GENERAL PROVISIONS
ARTICLE 1, TERM
A. This Memorandum of Understanding ( “MOU”) shall be for the period of July 1 , 2021, through June 30, 2023; provided, however, that specific sections of this MOU shall have later effective dates as specified herein.

ARTICLE 2, RECOGNITION
This Memorandum of Understanding is entered into with reference to the following facts:

A. The Palm Springs Fire Management Ass ociation, hereinafter referred to as the Association, is the exclusively recognized employee organization for members it represents employed by the City and is comprised of the classifications of Fire Battalion Chief and Fire Deputy Chief .

B. The Association and the City, have met and conferred in good faith on wages, hours and other terms and conditions of employment and have reached agreements which are set forth in this MOU.

ARTICLE 3, PRACTICES
It is understood that existing ordinances, resolutions, and policies of the City cover matters pertaining to employer-employee relations including, but not limited to, wages, salaries, benefits, hours, and other terms and conditions of employment. Therefore, it is agreed that Sections 4, 5, 6, 7, and 13 only of Resolution 17793 are hereby incorporated by reference into this MOU.

ARTICLE 4, FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable Federal and State laws and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provisions shall be suspended and superseded by such applicable laws and regulations and the remainder of this MOU shall not be affected thereby and shall remain in full force and effect.

ARTICLE 5, MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the employees represented by the Association shall not be deemed affected by this MOU, except as specifically modified by provisions hereof or by actions taken in implementation hereof.

Item 1E - 7

2 COMPENSATION/OTHER PAY
ARTICLE 6, SALARIES
Each member of the bargaining unit as of July 1, 2021 shall receive a lump sum payment of

2.18% of their base salary for the period of July 1, 2020 – June 30, 2021 which will be paid on the pay day for the pay period following City Council approval of this MOU.

For each classification represented by the Association, there is one range on the salary schedule.

ARTICLE 7, OTHER COMPENSATION

7.1 Bilingual Pay
The bilingual pay provided in this section is only available to Battalion Chiefs assigned to a 24 - hour suppression schedule.

Employees who either enter the bargaining unit after July 1, 2021 or who are in the bargaining unit as of that date who first bec ome eligible for bilingual pay after that date, shall receive up to $250 per month for bilingual pay. As each employee recertifies for eligibility for bilingual pay, employees will be required to take both a speaking and listening and a writing bilingual proficiency examination. Employees shall receive one hundred and twenty five dollars ($125) per month for passing the speaking and listening portion of the bilingual proficiency exam and an additional one hundred and twenty five dollars ($125) per month f or passing the writing portion of the bilingual proficiency exam.

The examinations shall be developed and administered by the City to demonstrate fluency in reading and writing, and speaking and listening the desired second language. All employees receiving bilingual pay must take and pass the prescribed examination s for each skill (one for speaking and listening and the other for writing) every two years to continue to receive bilingual pay for each skill . An employee who passes one of the tests but no t the other, will still be eligible to receive bilingual pay , $125 (as described above) per month for the skill passed. In addition, the employee may take a recertification examination after waiting at least three (3) months after taking the recertificati on examination to which the employee did not pass. If the employee does not pass that recertification examination, the employee shall not be permitted to take the recertification examination for that skill until their two year cycle to recertify is has passed. The City will notify employees when they are required to re -test.

An employee receiv ing the pay who does not pass both recertification examination s is not qualified to receive bilingual pay. If this occurs, the employee may be replaced by ano ther employee who has passed either examination. If there are no other employees who are certified to receive bilingual pay for either skill, the employee may take the recertification examinations in both skills after waiting at least three (3) months after taking the initial recertification examination s to which the employee did not pass. If the employee passes one of the two examinations, they shall receive $125 (as described above) per month for bilingual pay. If the employee does not pass either or both of those subsequent recertification examinations, the employee shall not be permitted to take the recertification examination(s) for that skill until their two year cycle to recertify has passed. The Human Resources Department will coordinate the rec ertification examination for each employee receiving bilingual pay.

Item 1E - 8

3 The parties agree that to the extent permitted by law, Bilingual Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium.

7.2 Education Incentive Pay
Employees receive 2.5% of base pay for a Bachelor's Degree or 5% of base pay for a Master's Degree from a college or university accredited by either or both the Council for Higher Education Accreditation (“CHEA”) and/or the U.S. Department of Education (“USDE”). The pays for earning a degree are not are not cumulative. An employee can only receive one level of pay for a degree.

The parties agree that to the extent permitted by law, the pays in this article are special compensation and shall be reported as su ch pursuant to Title 2 CCR, Section 571(a)(2) Educational Pay.

7.3 Emergency Call Back Pay
Employees called back to work to respond to an emergency will receive a minimum of four (4) hours paid at time and one half of callback pay or six (6) hours (four hours at time and one half) compensatory time at the Fire Chief’s discretion. 'Emergency' shall be defined as engaging or combating fires, floods, accidents, or involvement in other disaster operations, but shall not include coverage for minimum staffing or regularly scheduled or prescheduled, non -emergency work or duty time. Travel that occurs once at work (i.e., during the workday) is compensable.

7.4 Acting Out of Classification
A Fire Battalion Chief may be assigned by the Fire Chief to work out of classification to perform the duties of a Fire Deputy Chief. A Fire Deputy Chief may be assigned by the City Manager to work out of classification to perform the duties of the Fire Chief. Employees who are assigned to work out of classification shall receive pay for working out of classification. Employees shall be paid from the first day they are assigned to work in the higher classification at the lowest step on the range of the higher classification, which will provide an increase in base pay of five percent (5%) (as long as the increase does not exceed the top step of the classification for which the employee is assigned ). If a five percent (5%) increase will exceed the top step of the classification for which the employee is assigned, the employee will be assigned the top step of classification in which the employee is acting. Employees shall receive all other pay and benefits related to their actual classification while assigned to act in the higher classification. To receive pay for working out of classification, employees must be assigned in advance to work out of class.

The parties agree that to the extent permitted by law, acting pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(3) temporary upgrade pay.

When an employee is assigned to work out of classification, a Personnel Action Form shall be submitted designating that the employee as acting in the position they are holding.

7.5 Forty (40) Hour Battalion Chief Differential Pay
Battalion Chiefs assigned to a 40 hour schedule shall receive differential pay at t he rate of 3.67 hours of pay per pay period for 24 pay periods per year ( 88.08 hours per year ) in the year. In the two months of the year when there are three pay days, these employees shall not receive Item 1E - 9

4 the pay on the third pay day of the month.

The parties agree that to the extent permitted by law, this pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Shift Differential Pay and/or Fire Staff Premium.

Employees at the rank of Battalion Chief shall be selected for the assignment of Administrative Battalion Chief following the provision of interest cards to the Deputy Chief. If no one is selected based on the provision of interest cards or if no employees submit interest cards for the assignment, the Fire Chief may assign an employee to the assignment. If that occurs the Battalion Chief with the least seniority in rank having not previously completed a full two-years in the assignment will be selected. Any Battalion Chief having been promoted prior to July 1, 2019 are excluded from the forced selection process.

Employees who enter the assignment of Administrative Battalion Chief (either by being selected following the provision of interest cards or by being assigned) will be required to stay in the assignment for a minimum of two (2) years from the date of entry into the assignment. If, after two (2) years, no other Battalion Chief has expressed interest in the assignment, and if the incumbent in the assignme nt wants to stay in the assignment, the incumbent may stay in the assignment until another Battalion Chief expresses interest in the assignment and is considered in the selection process. However, if, after serving in the assignment for two years, the employee no longer wants to remain in the assignment, there will be a new selection process and another employee will be selected using the selection process described above.

Any Battalion Chief in the assignment of Administrative Battalion Chief is not p recluded at any time from seeking a promotion while in the assignment. If the employee is promoted while in the assignment, the employee will leave the assignment upon promotion.

7.6 Longevity Pay:

Effective on the first day of the pay period following City Council approval of this MOU, employees in this bargaining unit shall receive longevity pay set forth below based on their years of service in a full -time position with the City of Palm Springs (time served in another agency does not count) as follows:

10 years – 11 years and 364 days – 1.25%
12 years – 13 years and 364 days – 1.75%
14 years – 15 years and 364 days – 2.25%
16 years – 17 years and 364 days – 3.0%
18 years – 19 years and 364 days – 3.75%
20 years or more – 5.0%

Effective the pay p eriod which includes July 1, 2022 , longevity pay will increase such that employees in this bargaining unit shall receive longevity pay set forth below based on their years of service in a full -time position with the City of Palm Springs (time served in another agency does not count) as follows:

10 years – 11 years and 364 days – 2.5%
12 years – 13 years and 364 days – 3.5%
Item 1E - 10

5 14 years – 15 years and 364 days – 4.5%
16 years – 17 years and 364 days – 6.0%
18 years – 19 years and 364 days – 7.5%
20 years or more – 10%

These pays are not cumulative. Once an employee becomes eligible for the next level of longevity pay, they shall qualify for that level and no longer receive the prior level.

The parties agree that to the extent permitted by l aw, longevity pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay.

ARTICLE 8, OVERTIME AND COMPENSATORY TIME OFF

8.1 Overtime
Employees shall be compensated at time and one half of the employee’s hourly rate for work performed in excess of one hundred and eighty two (182) hours per twenty four (24) day work period (in accordance with Section 7(k) of the Fair Labor Standards Act) or in excess of forty (40) hours a week for those assigned to work schedules of 40 hours per workweek. Both Fire Battalion Chiefs and Fire Deputy Chiefs qualify as overtime exempt per the FLSA as managers who qualify for the Executive Exemption of the FLSA. Thus, the overtime provided herein is provided per this MOU and not per the requirements of the FLSA.

When an employee is required to work outside the City per the City’s agreement to provide mutual aid in the City’s California Fire Assistance Agreement with the Governor’s Office of Emergency Services, the employee will be paid at the rate of time and one half for the total hours assigned on such mutual aid.

8.2 Hours Worked

For employees hired on or before December 31, 2012, all compensated time off shall be counted as time worked for purposes of computing overtime. For employees hired after January 1, 2013, sick leave does not count as hours worked for purposes of computing overtime. In calculating hours worked where sick leave has been used, the City will look at each 14-day pay period separately to determine if overtime is owed. However, other forms of compensated time off shall be counted as hours worked for purposes of computing overtime.

8.3 Compensatory Time Off
The maximum accumulation cap for compensatory time off (CTO) is one hundred and ninety- two (192) hours. Compensatory time off may be earned in lieu of overtime at t he discretion of the employee. Upon separation, all accrued compensatory time will be paid at the employee's current salary rate.

By December 15 of each year, employees may make an irrevocable election to cash out up to 192 hours of CTO which they may earn in the following calendar year. In the following year, the employee can receive the cash for CTO they irrevocably elected to cash out in either two (2) separate increments of up to 96 hours or one (1) increment of 192 hours.

Item 1E - 11

6 The employee would be paid one half of what they irrevocably elected to cash out hours on both the second pay day in July and the first pay day on December (assuming they have earned it) or the employee can elect to be paid their full amount they elected to cash out on the first pay day in December. However, if the employee’s CTO balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount off CTO the employee has earned at the time of the cash out.

If an employee makes an irrevocable election to cash out CTO in the following calendar year and uses CTO in that subsequent year, the CTO used will come from annual leave the employee had earned prior to January 1 of the year the employee has elected to cash out annual leave. This is to ensure that as suming an employee had a CTO balance prior to January 1, the CTO used will not result in a re duction in the amount of CTO the employee will be eligible to cash out.

Employees with compensatory time off banks of 192 hours must use compensatory time off to lower the time in their bank below 192 hours to be able to accrue additional compensatory ti me off.

ARTICLE 9, UNIFORM ALLOWANCE
City agrees to pay a uniform allowance of $125.00/month to each employee as a reimbursement for expenses incurred in the acquisition and maintenance of uniforms.

The parties agree that to the extent permitted by law, uniform allowance shall be reported to CalPERS as such pursuant to Title 2, CCR 571(a)(5) and the City will report as special compensation, the value of the uniforms for a unit member employed on or before December 31, 2012. “New members” as defined under the Public Employees’ Pension Reform Act of 2013 will not have the value of the uniforms reported as special compensation.

Item 1E - 12

7 BENEFITS
ARTICLE 10, HEALTH, DENTAL, VISION AND OTHER INSURANCE
This article sets forth various insurance benefits available to employees. The amounts provided by the City for health, dental and vision insurance for 20 21 are set forth below. Each calendar year, the City will pay up to a four percent (4%) increase above the prior year’s premium rates.

The above explanation of the health, vision , and dental contributions are described with the following example involving the 2019-2022 rates:

The Association acknowledges that the City’s agreement to pay up to four percent (4%) of the increases for health, dental and vision insurance is a valuable benefit. The Association agrees that each year, once the increase in the costs of health, dental and vision is known, the amount that will be paid for by the City will be calculated based on the then current number of employees in the bargaining unit. The City will then inform the Association as to what those increased costs will be so that the Associ ation is aware of how much more the City will be spending on these benefits in the following calendar year. The City will consider these increased costs in evaluating its positions in collective bargaining.

A. In 2019, the Blue Shield single party rate was $1051.17.

In 2020, the rate increased by 3.90% to $1092.17.

In 2020, the City paid the 3.90% increase = $ $41.00 increase and the employee paid the remainder. Thus, in 2020, the premium rate was $1092.17 and the City paid $966.68 + $41.00 = $1007.68 and the employee paid $84.49.

In 2021, that same rate went down to $1077.72. This was a 1.32% decrease over the 2020 rate. The parties agree that it was the City’s responsibility to pay the first 4% of the 2021 increase on top of the 2020 premium. Since the 2020 rate was $1092.17, and 1.32% of that amount $ 14.45, the City’s decrease for 2021 is $14.45 which is subtracted from what it was paying in 2020. $1007.68 -14.45 = $993.23. The employee pays no increase for 2021 as the premium amount did not exceed the 4% that the City contributes.

For 2022, the City will pay the amount of any increase in the health insurance up to 4% over the 20 21 premium of $ 1077.72. That increase (if any) will be added to the City’s 2021 contribution of $993.23.

Vision and Dental Insurance are calculated exactly the same way as described above for health insurance.

10.1 Health, Dental and Vision Insurance – Current Employees The City agrees to contribute up to the amounts below for calendar year 2021 for Unit members toward Health (including hospitalization, drug coverage through such program(s) as shall be designated by the Association and approved by the City Council), Dental and Vision insurance.

Unit members will sign verification of dependent eligibility annually at open enrollment.

Item 1E - 13
B.

8 City Contribution for 2021
Type of Coverage Health Dental Vision
Single Party $993.23 $37.07 $13.42
Two-Party $1906.49 $53.47 $13.42
Family $2020.26 $79.52 $13.42

City Contribution for 2022
Type of Coverage Health Dental Vision
Single Party $1.025.56 $38.37 $13.42
Two-Party $1968.55 $56.20 $13.42
Family $2086.02 $84.36 $13.42

The City of Palm Springs provides Domestic Partner Coverage to the current health, dental, and vision insurance. The enrollee must provide a copy of the Declaration of Domestic Partnership, Proof of Domestic Partner Relationship as issued by a governmental agency, Statem ent of Financial Liability for Domestic Partnership, Statement of Financial Liability for Domestic Partner Health Benefits, and Affidavit of Eligibility for Economically Dependent Children to the City. The City will use the same enrollment policies for domestic partnerships as are currently used for traditional marriages or as provided by the requirements of the insurance carrier.

For medical coverage, if employees elect to opt out of cover age offered by the City, they must provide proof of “minimum essential coverage” (as defined by the Affordable Care Act) through another source (other than coverage in the individual market, whether or not obtained through Covered California).

10.2 Term Life Insurance
The City agrees to provide $50,000 Term Life Insurance coverage at no cost to employees in the unit.

ARTICLE 11, HEALTH INSURANCE FOR RETIREES
“Tier I” – Applicable to All Employees Hired on or Before June 30, 2006 For an employee who retires from the City after 20 years of continuous service, the City shall pay 75% of the cost of "retirees" health premium plan being covered at the time of retirement.

For an employee who retires from the City after 25 years of continuous service, the City shall pay 100% of the cost of "retirees" health premium plan being covered at the time of retirement.

Item 1E - 14
A.

9 The City will pay up to family coverage.

A Tier 1 employee who retires from active service as a Palm Springs employee who has not completed 20 years of City service shall be entitled to participate at their own cost in the medical, hospitalization, and prescription drug coverage plan provided in Article 11.

All employees eligible for retiree medical benefits who become eligible to receive Medicare must enroll in Medicare Part A and B to remain eligible to receive the above contributions.

1. Service Credit for Health Insurance For Retirees in Tier 1 Employees in Tier 1 shall be eligible for two years of service credit for the purpose of being eligible for retiree health insurance (e.g., an employee with 18 years of continuous service will be eligible for the benefits available to those with 20 years of continuous service) if in the month of June the employee makes an irrevocable offer to retire (which will be immediately accepted by the City) by no earlier than ninety (90) days from the date of notice or later than December 31 of that same calendar year.

“Tier II” –Applicable to All Employees Hired on or After July 1, 2006:

For all employees with an initial hire date that is on or after July 1, 2006, there will be no City contribution for retiree health benefits. The City will contribute for each such employee $150.00 per month to Retiree Health Savings Plan (during employment). The City will pay the administrative costs of this Plan.

A Tier 2 employee who retires from active service as a Palm Springs employee , shall be entitled to participate at their own cost in the medical, hospitalization , and prescription drug coverage plan .

ARTICLE 12, RETIREMENT

12.1 Retirement Formula
Employees (and not “new members as defined by the Public Employees’ Pension Reform Act of 2013 - PEPRA) hired prior to December 17, 2011 are covered by the 3% @ 50 formula provided for by the Public Employees’ Retirement Law at Government Code section 21362.2. The se employees’ retirement will be calculated pursuant to the optional benefit (in the City’s contract with CalPERS) of single highest twelve month period.

Employees(and not “new members as defined by the Public Employees’ Pension Reform Act of 2013 - PEPRA) hired on or after December 17, 2011 are covered by the 3% @ 55 formula provided for by the Public Employees’ Retirement Law at Government Code section 21363.1.

These employees’ retirement will be calculated pursuant to the optional benefit (in the City’s contract with CalPERS) of single highest twelve month period.

Employees, who are defined as “new members” under the PEPRA, are covered by the 2.7% @ 57 formulas provided for by the PEPRA at Government Code section 7522.25(d). These employees’ retirement will be calculated per the three year average final compensation as provided for by the PEPRA per Government Code section 7522.32(a).

Item 1E - 15
B.

10 12.2 Employee Contributions to the Retirement System A. Employees subject to the 3%@50 and 3%@55 formula hired prior to January 1, 2013:

Employees shall pay their nine percent (9%) member contribution.

Employees shall also pay three percent (3%) compensation earnable for cost sharing in accordance with Government Code section 20516(a).

B. Employees subject to the 2.7%@57 Formula – “New Members” as defined by PEPRA:

These employees shall pay the statutorily mandated employee contribution rate of one half of the total normal cost as determined by CalPERS in their annual valuation.

12.3 Adoption of IRS Code Section 414(h)(2) Resolution The City has adopted the CalPERS resolution in accordance with and as permitted by IRS Code section 414(h)(2) to ensure that the employees’ payment (i.e., “pick up” as that te rm is used in section 414(h)(2)) of their employee contribution and cost share is made on a pre-tax basis.

13.4 Optional Benefits
The City contracts with CalPERS for the following optional benefits:

A. Pre-retirement death benefits to continue after remarriage of survivor – Government Code section 21551

B. Death Benefit – Government Code section 21620

C. Post Retirement Survivor Allowance - Government Code sections 21624/26/28 and 21635

D. Military Reallocation Credit - Government Code section 21024

E. Sick Leave Credit - Government Code section 20965

F. Final Compensation Period One Year - Government Code section 20042 for classic members

G. 2% Cost of Living Allowance - Government Code section 21329

H. Prior Service - Government Code section 20055

I. 1959 Survivor Benefit Level 4 – Government Code section 21574 . Employees pay the employee premium for this benefit.

ARTICLE 13, EDUCATIONAL REIMBURSEMENT
An employee shall receive tuition reimbursement for courses either approved through the Tuition Reimbursement Program as set forth in Personnel Rule 18.2 or for other work -related courses approved in advance at the discretion of the Fire Chief and the Human Resources Director.

Item 1E - 16

11 Employees shall receive up to $1,500/fiscal year through the Tuition Reimbursement Program.

However, the City shall budget for the Tuition Reimbursement Program and once the funds in the budget for the Program have been exhausted by employees accessing the funds, no additional funds for tuition reimbursement are required to be paid .

ARTICLE 14, IRS 125 PLAN
The City agrees to provide an IRS 125 health care and dependent care reimbursement Plan for employees. The Association agrees that employees who subscribe to the plan shall pay the Plan Administrator's fees.

Item 1E - 17

12 WORK HOURS/LEAVE
ARTICLE 15, WORK SCHEDULES

15.1 Employees assigned to a 40-hour position shall be allowed to work on either a 4/10 schedule or a 9/80 schedule, with the understanding that such schedule is at the discretion of the Fire Chief.

The City reserves the right to schedule hours of work. The City and Association agree to meet and confer on the impacts of any significant work schedule changes other than the 4/10 or 9/80 schedule described above.

15.2 Fire suppression personnel (i.e., the three shift Battalion Chiefs) work a “48/96” work schedule.

The “48/96” work schedule shall consist of two 24-hour shifts (for a total of 48 consecutive hours) of scheduled work followed by four consecutive days (for a total of 9 6 consecutive h ours) off- duty.

ARTICLE 16, VACATION
Employees accrue Vacation as follows:

Years of Service Hours Accrued & Vested
Monthly (40 Hour Employees)
Hours Accrued & Vested
Monthly (Shift Employees)
0 through 5 12 16.8
6 through 10 14 19.6
11 and after 16 22.5

Employees assigned a fifty-six (56) hour shift workweek shall not accrue vacation hours beyond the maximum of four hundred fifty-six (456) hours. Employees assigned to a forty (40) hour workweek shall not accrue vacation hours beyond the maximum of three hundred twenty-five and seventy-one hundredths (325.71) hours. Employees shall be eligible to use vacation as it is accrued.

An employee who has accrued the maximum hours of vacation will not continue to accrue vacation hours until they use vacation to reduce their accrual below the maximum accrual. An employee cannot accrue vacation hours above the specified maximum accrual.

By December 15 of each year, employees may make an irrevocable election to cash out up to the maximum number of hours of vacation that they can accrue per year which will be earned in the following calendar year at the employee’s base rate of pay. In th e following year, the employee can receive the cash for the vacation they irrevocably elected to cash out in either two (2) separate increments of up to half their annual accrual cap (i.e., for those who accrue 16 hours per month – 192 hours per year, 96 hours each) or one (1) increment of up the maximum they can accrue in a year.

The employee would be paid one half of what they irrevocably elect to cash out hours on both Item 1E - 18

13 the second pay day in July and the first pay day on December or the emp loyee can elect to be paid their full amount they elected to cash out on the first pay day in December. However, if the employee’s vacation balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of vacation the employee has accrued at the time of the cash out.

If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in tha t subsequent year, the vacation used will come from vacation the employee had earned prior to January 1 of the year the employee has elected to cash out vacation. This is to ensure that assuming an employee had a vacation balance prior to January 1, the vacation used will not result in a reduction in the amount of vacation the employee will be eligible to cash out.

Upon separation, all unpaid accrued and vested vacation will be paid at the employee's current salary rate. All unpaid accrued and vested vacation of deceased employees shall be paid to the estate of said deceased except as otherwise provided by law.

ARTICLE 17, HOLIDAYS

17.1 Payment in Lieu of Holidays
In lieu of all City recognized holidays, Unit Members who work the suppression shift of an average of 56 hours per week shall be paid 5.61 hours (per pay period (the 24 pay periods when holiday in lieu pay is paid to employees) at their straight time hourly rate.

The parties agree that to the extent permitted by law, the compensation in this section is special compensation for those employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) Holiday Pay.

17.2 Holidays for Non-Suppression Unit Members
Employees assigned to a 40-hour schedule (i.e., Unit Members whose regular schedule is not a suppression shift) shall be entitled to the following paid holidays if they were in paid status for the entire day the day before and the day after the holiday, (i.e., eithe r the employee worked or was absent using paid leave for the entire day on such workdays):

17.2.1 City Holidays
New Year's Day January 1
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day 1st Monday in September
Item 1E - 19

14 Veterans’ Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Day After Fourth Thursday in November Christmas Eve December 24
Christmas Day December 25

17.2.2 Hours Earned For Each Holiday

Employees earn ten (10) hours for each holiday.

17.2.3 How City Holidays Are Observed By Employees

If a holiday occurs on one of their workdays, they shall be entitled to the day off with pay if they were in paid status for the entire day the day before and the day after the holiday, (i.e., either the employee worked or was absent using paid leave for t he entire day on such workdays).

For holidays occurring on a Friday or Saturday (i.e., years when Juneteenth, July 4, Veterans’ Day, Christmas Eve, Christmas Day or New Year’s Day fall on a Friday or Saturday and every year for the day after Thanksgivin g) they will not move to the prior open business day (e.g., the Thursday before or the Wednesday before Thanksgiving).

Rather, for each one of those days, employees (who would be off duty on the Friday or Saturday) will accrue a floating holiday of 10 hours.

If Juneteenth, July 4, Veterans’ Day, Christmas Eve, Christmas Day or New Year’s Day fall on a Sunday, the holiday will be observed as a day off on the following Monday.

ARTICLE 18, SICK LEAVE
Employees on a 40-hour workweek shall accrue sick leave at the rate of 8.57 hours for each full month of service. Employees assigned to shift duty shall accrue sick leave at the rate 12 hours for each full month of service.

Sick leave shall accrue to a maximum of seven hundred and twenty (720) hours for employees who work shift/suppression shifts and 5 14.29 hours for employees who work a 40 -hour shift .

Notwithstanding the preceding sentence, if an employee’s accrued sick leave reaches 720 hours (or 514.29 hours for employees on a 40-hour shift), they will continue to accrue sick leave in that calendar year subject to the following: An employee may cash out any accrued sick leave above 720 hours (514.29 hours for employees on a 40 -hour shift) in the last pay period in July, if an employee still has sick leave on the books in excess of 720 hours (514.29 hours for employees on a 40-hour shift) by the pay day for the first pay period of December, the unused sick leave above 720 hours (514.29 hours for employees on a 40 -hour shift) shall be compensated by a cash payment in an amount equal to the employee's straight time hourly rate of pay for those unused accumulated sick leave hours.

Item 1E - 20

15 All accrued unused sick leave shall be paid upon retirement from the city service. Per Article

13.4, employees also have the option to convert unused sick leave to credit.

ARTICLE 19, FORTY HOUR CONVERSION
Employees who convert from a 56-hour per week suppression shift assignment to a 40-hour per week assignment shall have their leave accruals (vacation, compensatory time and sick leave) divided by 1.4 when entering that assignment. Employees who convert from a 40- hour per week assignment to a 56-hour per week suppression shift assignment shall have their leave accruals multiplied by 1.4 when entering that assignment.

ARTICLE 20, SHIFT TRADING
Unlimited time exchanges (i.e., shift trades) will be permitted between employees in accordance with Fire Department policy and procedure.

ARTICLE 21, JURY DUTY
Employees who are called for and serve on jury duty, or to honor a subpoena, will be given time off from work with pay.

Employees who call the court while at work and find out that they must report to jury duty the next day, must continue to work the shift but will be relieved from duty with sufficient time to arrive at the court for jury duty in the morning. If an employee is scheduled to be on duty on the day they are on jury duty, they must return to their shift after the jury service is done for the day.

For employees who are required to serve on jury duty for longer than two weeks (and who are informed of such when empaneled on a jury) their work schedule shall be converted to a 40-hour staff schedule during their time on jury duty.

Item 1E - 21

16 EMPLOYER/EMPLOYEE RELATIONS
ARTICLE 22, DRUG POLICY/DRUG SCREENING
This policy is attached and incorporated by reference into this Agreement as Appendix A.

ARTICLE 23, NON-TOBACCO USE REQUIREMENT
All employees shall not use tobacco products on or off duty throughout the term of their employment. This includes, but is not limited to, all e-cigarettes.

ARTICLE 24, BOMB SEARCH
Employees a re not required to pe rform bomb searches. Upon receipt of a bomb threat, employees shall be asked to stand by should rescue or suppression become necessary.

ARTICLE 25, FILLING VACANCIES
The City rec ognizes the value of promotion through the ranks in t he Fire Department and acknowledges its desire to offer promotional opportunities to members of the bargaining unit.

To that end, all vacancies will be open to internal candidates and their years of service, qualifications, and service to the City will be f actors considered in making a final decision.

However, the City reserves the right to open such recruitments externally if it determines it is necessary to do so based on the particular vacancy.

ARTICLE 26, BOARD OF DIRECTORS
The Association may conduct a Board of Directors meeting once each month at a City facility and during the workday, not to exceed two (2) hours.

The City will provide a bank of fifty (50) hours per year to be allocated by the Association Board of Directors for use by Association Officers or members. The Board of Directors shall be responsible for notifying the City's Director of Human Resources of the use of such hours when those hours are used. In addition, the Association will provide a report to the Human Resources Department upon request (up to twice a year) of the use of these hours in the previous year.

ARTICLE 27, PAYROLL DEDUCTION FOR ASSOCIATION
The City will make a payroll deduction at the request of the Association for dues, assessments, and other deductions authorized by the Association. The deductions will occur biweekly and will be paid to the Association's treasurer.

ARTICLE 28, STRIKES AND WORK STOPPAGES

28.1 Prohibited Conduct
The Association, its officers, agents, representatives , and/or members agree that, they will not cause or condone any strike, walkout, slowdown, sick out, or any other unlawful job action by withholding or refusing to perform services.

Item 1E - 22

17 Any employee who participates in any prohibited conduct listed above shall be subject to suspension, demotion, or dismissal by the City.

In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below as Association Responsibility, the City may suspend any and all rights and privileges accorded to the Association in this Agreement, including but not limited to suspension of the Grievance Review Procedure and Dues Deduction.

28.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or members engage in any Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they must immediately cease engaging in conduct prohibited in said Section 28.1 and return to work.

ARTICLE 29, GRIEVANCE PROCEDURE

29.1 Definition of Grievance
A “Grievance” is a dispute of one or more employees or a dispute between one or more employees involving the interpretation, application or enforcement of the provisions of the MOU, or of the Personnel Rules and Regulations that are within the statutory sc ope of representation, and for which there is no specific method of review provided by federal, State or local law. A grievance may also be filed by the Association.

Reviews of allocations or reallocations of positions as described Personnel Rule 4.3.3 or reviews of examination ratings as described Personnel R ule 7.7 are excluded from the grievance procedure. Allegations of harassment, discrimination or retaliation are also excluded from the grievance procedure as they are addressed by a separate procedure.

Release or lay -off of employees during an initial probationary period after hire, reinstatement, or reemployment is not subject to the grievance procedure.

29.2 Time Limits and Waivers
Working Days - For purposes of the Grievance Procedure, working days, further referred to as “days", are defined as the period from 8 a.m. to 6 p.m. City Hall working days, currently Monday-Thursday, excluding holidays.

Initiation - An employee must initiate the grievance within fifteen (15) days of the occurrence of the event giving rise to the grievance or within fifteen (15) days after the grievant should, with reasonable diligence, have had knowledge of such oc currence, whichever is later.

Management Reply - Failure by management to reply to the employee's grievance within the time limits specified under the grievance procedure shall automatically grant the employee the right to process the grievance to the next level of review.

Item 1E - 23
A.

18 Failure to Submit to Next Level - If an employee fails to submit from one level to the next level within the time limits and in the manner provided under the grievance procedure, the grievance shall not be subject to further consideration and will be deemed resolved.

Waiver by Mutual Agreement - Any level of review or any time limits established in the procedure may be waived or extended by mutual agreement between the employee and management, which must be confirmed in writing.

Outside of Authority - If the supervisor, manager, or depart ment head designated by the grievance procedure below to receive the grievance determines that they do not have the authority to resolve it, that supervisor, manager, or department head, shall so inform the grievant and forward the grievance to the next higher level of supervision with authority to resolve it, if applicable, or advise the grievant in writing they may continue to the next level in the process.

29.3 Informal Resolution
The responsibility of an employee with a grievance is to promptly inform and discuss the grievance with the department supervisor or designee in order to, in good faith, endeavor to resolve the matter expeditiously and informally. If the grievance is filed by the Association, it does not need to follow the informal resolution process. It can file a written grievance per Article 3 0.4 with a supervisor who works in the department to which the grievance relates.

If such informal discussion does not resolve the grievance to the employee’s satisfaction, such employee may file a formal grievance in accordance with the procedure set forth in this section.

29.4 Procedure
The employee shall submit the grievance in writing, with signature and date, and submit it to their immediate supervisor within fifteen (15) days of the initial commencement of the occurrence being grieved. The supervisor shall further consider and discuss the grievance with the employee and such employee’s designated representative as deemed appropriate, and shall, within fifteen (15) days of having received the written grievance, submit a response thereto in writing to the employee and the employee’s representative, if applicable.

If the written response of the immediate supervisor does not result in a resolution of the grievance, the employee may further submit the grievance, by presenting a written request, with date and signature, to the employee’s department h ead within seven (7) days of the employee’s receipt of the supervisor’s response. The department head may investigate the grievance and may set a meeting with the employee, employee’s designated representative, and other persons as deemed appropr iate to consider the grievance. Within thirty (30) days of receipt of the grievance by the department head, the department head shall submit a response to the grievance to the employee and employee’s representative, if applicable.

If the response by the department director, does not result in a resolution of the grievance, the employee may further submit the grievance, by presenting a written request, with date Item 1E - 24
D.

19 and signature to the Human Resources Director, for submission to th e City Manager, within seven (7) days of the unit employee’s receipt of the department head’s response.

The City Manager or designated representative, may set a meeting with the employee, employee’s designated representative, and other p ersons as deemed appropriate, to consider the grievance. Within thirty (30) days of receipt of the grievance the City Manager or designated representative shall submit a response to the Unit employee and employee’s representative, if applicable. The deci sion of the City Manager is final and binding.

This grievance procedure is the sole and exclusive method for alleging a violation, misinterpretation or misapplication of any provision of this MOU or Personnel Rules.

ARTICLE 30, DISCIPLINE
Disciplinary actions defined:

1. Oral/Written Warning
The use of an oral or written warning shall be used as a tool by supervisors to address performance problems or minor instances of misconduct and may be initiated at any time. If it qualifies as punitive action under the Firefighter Procedural Bill of Rights Act, the employee shall be entitle d to an administrative appeal per the informal process below. The supervisor or manager will review with the employee both the specific deficiencies in question and the City’s standards. The cause(s) of the deficiency will be identified along with specif ic improvement needed. The employee should be advised of the action that will be taken should they fail to achieve the improvement outlined within the time period specified. Any written warnings will be kept in the supervisory file, not the official personnel file, and a copy given to the employee. The supervisory file is intended to be a temporary file to record performance, both positive and negative, throughout the performance year. Once the performance evaluation is completed for the year, all items in the file should be referenced in the performance evaluation if appropriate, and discarded at the end of the performance year.

2. Written Reprimand
A Written Reprimand generally is appropriate to correct instances of more serious circumstances or employee misconduct which do not warrant suspension or discharge, repeated instances of minor misconduct or identified performance problems. The purpose of a Written Reprimand is to put the employee on notice that the City will take other disciplinary action unle ss immediate, real and consistent improvement in performance is demonstrated. An y decision to issue a Written Reprimand should be reviewed by the Human Resources Department. The supervisor or manager issuing the Written Reprimand shall meet with the empl oyee to discuss specific improvements required within a defined time period to avoid further disciplinary action. A copy of the Written Reprimand will be placed in the employee’s official personnel file.

3. Suspension
Item 1E - 25
D.

20 Suspension is the temporary removal of employees from their duties without pay.

4. Reduction in Pay
A Reduction in Pay is a reduction in hourly salary for a limited and defined period of time, and does not result in any classification change. The employee continues to report to work for the duration of the reduction in pay.

5. Demotion
Demotion is the movement of an employee from his current classification to a new classification having a lower salary range.

6. Discharge
An employee may be discharged for cause.

Pre-Disciplinary Procedure
If an employee is to be suspended, receive a reduction in pay, be demoted or discharged, the employee shall:

1. Receive written notice of the intended action at least seven (7) calendar days before the date it is intended to become effective, stating the specific grounds and the particular facts upon which the action is based.

2. Receive copies of any known materials, reports or other documents upon which the intended action is based.

3. Be accorded the right to respond in writing within a reasonable period of time to the intended charges.

4. Be accorded the right to meet within a reasonable period of time with the Fire Chief or designee who has the authority to modify or eliminate the intended disciplinary action.

5. Be given the written decision of the Fire Chief or designee prior to the effective date of the disciplinary action.

Appeal Process
The following appeals procedures are adopted by the parties pursuant to Government Code § 3254.5 of the Firefighters Procedural Bill of Rights Act.

1. Definitions

a. The term “firefighter” means an employee who is considered a firefighter (including employees at both ranks within this unit) under Government Code § 3251(a) as well as any firefighter who is a peace officer pursuant to Penal Code § 830.37. This includes all employees who are in this Unit.

Item 1E - 26
B.

21 b. The term “punitive action” means any action defined by Government Code § 3251(c), i.e., “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.”

2. Formal Appeals Procedures – For Punitive Action Causing a Loss of Pay Not Covered by the Informal Hearing Process
A firefighter shall be entitled to an appeal hearing before an Administrative Law Judge assigned from the Office of Administrative Hearings which shall be conducted in accordance with Chapter 5 (commencing with § 11500) of Part 1 of Division 3 of Title 2 of the California Government Code.

a. Notice of Discipline as Accusatio n - The final notice of discipline which may be issued at the conclusion of the pre -disciplinary procedures shall serve as the Accusation as described in Government Code §§ 11500, et seq.

(1) Pursuant to Government Code § 3254(f), the discipline shall not be effective sooner than 48 hours of issuance of the final notice of discipline.

(2) The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code shall be provided to the firefighter concurrently with the notice of discipline.

b. Administrative Law Judge - Pursuant to Government Code § 11512, the appeal will be heard by an administrative law judge

c. Time and Place of Hearing - Pursuant to Government Code § 11508, unless otherwise decided by the administrative law judge, a hearing shall be conducted at City Hall or in another City facility at a time to be determined by administrative law judge with the input of the representatives of both the City and employee.

d. Notice of the Hearing - A notice of the hearing shall be provided to the parties pursuant to Government Code § 11509.

e. The burdens of proof and production of evidence shall be borne by the City. The standard of proof shall be by a preponderance of the evidence.

f. The proposed decision of the administrative law judge shall be in writing. Copies of the proposed decision shall be delivered to the parties by registered mail and accompanied by a proof of service.

g. Following receipt of the proposed decision, the City Council, or any designee (e.g., the City Manager) to the extent authorized by law, may take any of the actions set forth in Government Code § 11517(c)(2) A through E.

3. Appeals Procedures Informal Process
Item 1E - 27

22 The Informal Hearing Procedure, as oppos ed to the formal procedures, will be used for disciplinary action imposed on an employee that does not involve termination from employment, demotion, suspension without pay for more than two (2) shifts for employees working a 56 -hour suppression schedule or three (3) working days for employees working a 40-hour administrative schedule, or where the practical financial effect of the discipline equates to a two shift suspension or less for employees working a 56 -hour s uppression schedule or three (3) working days or less for employees working a 40-hour administrative schedule.

a. Appeal to the Fire Chief or Designee

(1) A firefighter who receives notice of a punitive action shall be entitled to appeal the action to the Fi re Chief prior to the effective date of the punitive action. The appeal is an opportunity for the firefighter to present written material and arguments why a punitive action should not occur or offer alternatives to the action.

(2) Notice of Appeal: Within seven (7) calendar days of receipt by a firefighter of notification of a punitive action, the firefighter shall notify the Fire Chief in writing that they intend to appeal the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal. Nothing in this section shall limit the right of the Department to institute disciplinary action, notwithstanding that an appeal may be pending.

(3) Hearing Officer: The Fire Chief or designee shall act as the hearing officer. If the Fire Chief cannot serve as the hearing officer because of actual bias, prejudice or interest as defined by Government Code §11425.40, then the City Manager or designee shall serve as the hearing officer. The hearing shall take place within thirty (30) calendar days of the date the firefighter was notified about the punitive action (e.g., received a written reprimand) or such other time as may be agreeable by the parties.

(4) Burden of Proof: The City shall bear the burden of proof at the hearing.

The Department shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge(s) and that punitive action was reasonable under the circumstances.

(5) Conduct of Hearing:

i. The formal rules of evidence do not apply, although the Hearing Officer shall have discretion to exclude evidence which is incompetent, not relevant or cumulative, or the presentation of which will otherwise consume undue time.

The rules of privilege shall be observed.

ii. The parties may present arguments through documents and statements.

iii. If the punitive action being appealed is a written reprimand, the parties will not be entitled to confront and cross-examine witnesses.

Item 1E - 28

23 iv. Following the presentation of wri tten material and statements, the involved parties may submit closing arguments orally or in writing for consideration by the hearing officer.

v. Representation: The firefighter may be represented by an association representative or attorney of their choice.

(6) Decision:

After the hearing, a decision will be submitted in writing within thirty (30 ) calendar days and provided to the employee. The decision shall advise the firefighter that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.5.

(7) Decision to impose Discipline:

If, after the hearing, a decision is rendered which imposes discipline, pursuant to Government Code § 3254(f), the discipline shall not be effective sooner than 48 hours of issuance of the final notice of discipline.

ARTICLE 31, WAIVER OF FURTHER BARGAINING ON TERMS WITHIN THE MOU The terms agreed upon by the MOU shall take effect at the time specified herein upon approval by Resolution of the City Council of the City of Palm Springs and shall remain in full force and effect until midnight, June 30, 2023.

ARTICLE 34, REQUIREMENT TO LIVE WITHIN 150 MILES OF THE CITY LIMITS Unit members hired on or after 8:00 a.m. on October 11, 2015 must live within 75 miles of the City limits. Prior to February 1, 2020, the 150 miles could be measured by using a linear calculation. For any employees hired on or after February 1, 2020, the calculation of the 150 miles shall be made by using Google Maps driving directions.

Item 1E - 29

24 APPENDIX A. DRUG POLICY/DRUG SCREENING
The City of Palm Springs, the Association and employees have a vital interest in maintaining safe, healthful and efficient working conditions. Being under the influence of a drug or alcohol on the job may pose serious safety and health risks not only to the user but to co -workers and the citizens of Palm Springs. The possession, use or sale of an illegal drug , marijuana or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient operations. "On the job" means while on City premises, at work locations, or while on duty .

The City of Palm Springs, the Association and employees recognize that their future is dependent on the physical and psychological well -being of all employees. The City and the Association mutually acknowledge that a drug and alcohol -free work environment benefits employees and citizens, and members agree to comply with this policy at such time as a mutually agreed upon employee assistance program is in place. The purpose of this article is to defin e the City's drug and alcohol policy as well as the possible consequences of policy violation.

Possession, sale, use or being under the influence of drugs or alcohol while on the job is strictly prohibited.

Section 1
When reasonable suspicion exists, the City may require an employee to submit to a substance screening. The employee will be given the option to select a blood test or urinalysis.

Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably prudent supervisor to s uspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform their job safely is reduced.

Section 2
Any manager or supervisor requesting an employee to submit to a substance screening shall document in writing the facts constituting reasonable suspicion and shall give the employee a copy. This report must advise the employee of his right to representation. The employee shall be given an opportunity to provide additional facts. An employee who is then ordered to submit to a substance abuse screening may request to be represented. Because time is of the essence in drug screening, a representative must be available within a reas onable time or the employee will then be ordered to submit to a substance screening. An employee who refuses to submit to a substance screening may be considered insubordinate and shall be subject to disciplinary action up to and including termination.

Section 3
The supervisor, or designee, shall transport the suspected employee to the testing facility or shall call to the Police Station a licensed phlebotomist who will draw blood samples, when a blood test is selected. Urine samples shall be taken at the Police Station under supervision of the supervisor. Testing shall occur on City time and be paid for by the City. Employee urine samples, or other body fluids, will be collected in a DOX Security Container System or other system which includes methods o r mechanisms designed to assure the integrity of the sample. The facility used for testing shall be certified by the National Institute of Drug Abuse and comply with Item 1E - 30

25 established guidelines for "chain of custody" to insure that identity and integrity of the sample is preserved throughout the collecting, shipping, testing and storage process.

Section 4
Any positive test for alcohol or drugs will be confirmed by a scientifically sound method. An employee who tests positive on a confirmatory test will be give n the opportunity to discuss the results with a physician to be designated by the City. The employee should be prepared at that time to show proof of any valid medical prescription for any detected substance or to otherwise explain, if they so chooses, a positive test result.

Section 5
While use of medically prescribed medications and drugs is not per se a violation of this policy, this policy shall establish that no employee shall operate a City vehicle or dangerous machinery or equipment while taking an y kind of medication or drugs which are clearly marked that they may cause significant drowsiness or impair an employee's performance. An employee shall notify their supervisor, before beginning work, when taking such medications or drugs. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a physician designated by the City may be required. The City reserves the right to send an employee home on sick leave under these circumstances.

Section 6
Employees with substance abuse problems are encouraged to participate voluntarily in the City- sponsored Employee Assistance Program (EAP). Assistance through the EAP may be sought by an employee with complete confidentiality and without adverse consequenc es to their employment. Employees should be aware, however, that a request for assistance through the EAP will not insulate the employee from disciplinary action already contemplated.

Depending upon the facts surrounding the reasonable suspicion determination, positive test result, and/or other violation of this policy or other City/department rules and regulations, the City will refer an employee to the EAP. Such referral could, at the discretion of the City, be made available to the employee as an alternative to disciplinary action. Referral would be subject to agreement by the employee to enroll, participate in and successfully complete a rehabilitation and/or counseling program and other terms and conditions in a "Last Chance Agreement".

Item 1E - 31

26 PALM SPRINGS FIRE MANAGEMENT ASSOCIATION REPRESENTATIVE

Date:

By:

PSFMA President Signature

By:

PSFMA Member at Large Signature

CITY OF PALM SPRINGS

Date:

By: By:

City Manager Labor Attorney

Attest:

By: By:

City Clerk Director of Human Resources

Approved to form:

By:

City Attorney

Council Approval:

Item 1E - 32

CITY COUNCIL STAFF REPORT
02/10/2022 1. F.

City Clerk -

SUBJECT
SECOND READING AND ADOPTION OF ORDINANCE NO. 2059 AMENDING CHAPTER 10.22.060 OF THE PALM SPRINGS MUNICIPAL CODE RELATED TO UNATTENDED ANIMALS IN ENCLOSED VEHICLES – GUIDE DOGS OF THE DESERT
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2059 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 10.22 RELATED TO UNATTENDED ANIMALS IN ENCLOSED VEHICLES."
Attachments
Item 1F

CITY COUNCIL STAFF REPORT

DATE: February 10, 2022 CONSENT CALENDAR

SUBJECT: SECOND READING AN D ADOPTION OF ORDINANCE NO. 205 9 AMENDING CHAPTER 10.22.060 OF THE PALM SPRINGS MUNICIPAL

CODE RELATED TO UNATTENDED ANIMALS IN ENCLOSED
VEHICLES – GUIDE DOGS OF THE DESERT

FROM: Justin Clifton, City Manager

BY: Anthony J. Mejia, City Clerk

RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2059 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 10.22 RELATED TO UNATTENDED ANIMALS IN ENCLOSED VEHICLES."

BACKGROUND:

On January 27, 2022, the City Council introduced Ordinance No. 205 9 for first reading, as noted below:

MOTION BY MAYOR PRO TEM GARNER , SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to introduce Ordinance No. 2059 entitled, “AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA , AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 10.22 RELATED TO UNATTENDED ANIMALS IN ENCLOSED VEHICLES.”

City Attorney’s Summary: This ordinance amends the Palm Springs Municipal Code to authorize the Chief of Police to permit certain vehicles to keep unattended animals in enclosed vehicles subject to conditions of approval.

This report provides for the City Council to waive further reading and adopt the ordinance.

The ordinance shall be effective 30-days from adoption.

REVIEWED BY:

Department Director: Anthony J. Mejia
City Manager: Justin Clifton

ATTACHMENT: Ordinance No. 2059
Item 1F - 1
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF PALM SPRINGS ,

CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL
CODE CHAPTER 10.22 RELATED TO UNATTENDED

ANIMALS IN ENCLOSED VEHICLES
City Attorney’s Summary
This ordinance amends the Palm Springs Municipal Code t o authorize the Chief of Police to permit certain vehicles to keep unattended animals in enclosed vehicles subject to conditions of approval.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Section 10 .22.060, Exempt ions, of the Palm Springs Municipal Code shall be amended to read as follows: “ This chapter is not applicable to animals which are in a peace officer’s vehicle, or an animal control officer’s vehicle, or other vehicles with a permit (subject to conditions of approval ) issued by the Chief of Police, while such peace officers or animal control officers are engaged in their regularly assigned duties.”
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

PASSED,

APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, _________.

LIS A MIDDLETON
MAYOR
ATTEST:

ANTHONY J. MEJIA, MMC

CITY CLERK
Item 1F - 2
Ordinance No. _____

Page 2 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certi fy that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council h eld on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

ANTHONY J. MEJIA, MMC

CITY CLERK
Item 1F - 3

CITY COUNCIL STAFF REPORT
02/10/2022 1. G.

City Clerk -

SUBJECT
SECOND READING AND ADOPTION OF ORDINANCE NO. 2058 TO IMPLEMENT SENATE BILL 9 REQUIREMENTS FOR URBAN LOT SPLITS AND TWO-UNIT RESIDENTIAL DEVELOPMENTS, CASE 5.1548 ZTA
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2058 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 9.62 OF THE PALM SPRINGS MUNICIPAL CODE AND CHAPTER 93.00 OF THE PALM SPRINGS ZONING CODE RELATING TO URBAN LOT SPLITS AND TWO-UNIT PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA." Attachments
Item 1G

CITY COUNCIL STAFF REPORT
DATE: February 10, 2022 CONSENT CALENDAR
SUBJECT: SECOND READING AN D ADOPTION OF ORDINANCE NO. 205 8 TO IMPLEMENT SENATE BILL 9 REQUIREMENTS FOR URBAN LOT SPLITS AND TWO-UNIT RESIDENTIAL DEVELOPMENTS, CASE 5.1548 ZTA
FROM: Justin Clifton, City Manager
BY: Anthony J. Mejia, City Clerk
RECOMMENDATION:

CODE RELATING TO URBAN LOT SPLITS AND TWO -UNIT PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA."
BACKGROUND:

On January 27, 2022, the City Council introduced Ordinance No. 205 9 for first reading, as noted below:

MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to introduce Ordinance No. 2058 entitled, “AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 9.62 OF THE PALM SPRINGS MUNICIPAL CODE AND CHAPTER 93.00 OF THE PALM SPRINGS ZONING CODE RELATING TO URBAN

LOT SPLITS AND TWO-UNIT PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.”
City Attorney’s Summary: This Ordinance amends the Palm Springs Municipal Code and the Palm Springs Zoning Code to adopt standards and procedures for urban lot splits and two-unit developments in single-family residential zones in accordance with Senate Bill 9.

This report provides for the City Council to waive further reading and adopt the ordinance.

The ordinance shall be effective 30-days from adoption.

REVIEWED BY:

Department Director: Anthony J. Mejia
City Manager: Justin Clifton
ATTACHMENT: Ordinance No. 2058
Item 1G - 1
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS , CALIFORNIA,
AMENDING CHAPTER 9.62 OF THE PALM
SPRINGS MUNICIPAL CODE AND CHAPTER 93.00

OF THE PALM SPRINGS ZONING CODE

RELATING TO URBAN LOT SPLITS AND TWO -

UNIT PROJECTS AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA.

City Attorney’s Summary
This Ordinance amends the P alm Springs Municipal
Code and the Palm Springs Zoning Code to adopt
standards and procedures for urban lot splits and two-
unit developments in single-family residential zones in accordance with Senate Bill 9.

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the auth ority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and

B. In 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”), which, among other things, adds Government Code Section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-units projects; and

C. SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and

D. SB 9 takes effect on January 1, 2022, and preempts any conflicting city ordinance; and

E. The City desires to amend its local regulatory scheme to comply with Government Code Sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and

F. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the Director of Planning Services is authorized to initiate proceedings and recommend amendments to the Zoning Code; and

G. On January 26, 2022, the Planning Commission conducted a duly Item 1G - 2
Ordinance No. _____

Page 2 ends

noticed public hearing to consider Case No. 5.1548 ZTA, an ordinance amending the Zoning Code to adopt standards to allow the ministerial approval of urban lot splits and two-unit development in accordance with Senate Bill 9 (the “Zoning Text Amendment”) and, by a ___ -___ vote, approved Resolution # _____ recommending approval of the Zoning Text Amendment to the City Council; and

H. Notice of a public hearing of the City Council of the City of Palm Springs to consider the Zoning Text Amendment was given in accordance with applicable law; and

I. On January 27, 2022, a duly noticed public hearing on the proposed Zoning Text Amendment was held by the City Council in accordance with applicable law where, by a ___ to ___ vote, the City Council adopted the Zoning Text Amendment; and

J. Under California Government Code secti ons 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two -unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.

In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exem pts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another.

Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi -family residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because th e ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit, in a residential zone. Moreover, the City Council finds that none of the “ex ceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here.

Specifically, the City Council finds that the ordinance will:
(1) Not result in a potentially significant cumulative impact as the development allowable under this ordinance will only be established Item 1G - 3
Ordinance No. _____

Page 3 ends

in developed areas where environmental analysis and assessment has occurred, and the scope of allowable development will not result in impacts that significantly exceed that of the existing development;

(2) Not result in a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances as the development allowable under this ordinance will only be permitted in developed areas and poses no impacts t hat differ from existing development;

(3) Not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway as the development allowable under this ordinance is not permitted in areas with scenic area overlay protections as identified in the General Plan and Zoning Code;

(4) Not be located on a hazardous waste site included on any list compiled pursuant to § 65962.5 of the Government Code as no areas eligible for the development allowable under this ordinance are located on a listed hazardous waste site; or

(5) Not result in a substantial adverse change in the significance of a historical resource as alterations to historic resources are governed by the procedures listed in Chapter 8.05 of the Palm Springs Municipal Code and are subject to review and approval by the Historic Preservation Officer and/or the Historic Site Preservation Board.

Each o f the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project.

K. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zon ing Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented; and

L. The City Council hereby finds that approval of the proposed Zon ing Text Amendment would:

1. Implement the requirements of Senate Bill 9 by adopting standards and procedures relative to urban lot splits and two-unit development in single-family residential zone districts that are consistent with state law.

2. Implement the goals and policies of the Housing Element of the City of Palm Springs General Plan by increasing options for the Item 1G - 4
Ordinance No. _____

Page 4 ends

development of new housing units that are affordable for residents with incomes that are at or below the area median income.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.

SECTION 2. Add Section 9.62.055 to Chapter 9.62 of the Palm Springs Municipal Code to read as follows:

Section 9.62.055 Urban Lot Splits

A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

B. Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lo t into two lots in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by R ev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2. An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

3. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law . The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a parcel map for an urban lot split is approved or denied ministerially, by the Director, without discretionary review.

Item 1G - 5
Ordinance No. _____

Page 5 ends

2. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. An urban lot split must satisfy each of the following requirements:

1. Map Act Compliance.

(a) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section.

(b) If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:

(1) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.

(2) The city has al l the remedies available to it under the SMA, including but not limited to the following:

(i) An action to enjoin any attempt to sell, lease, or
finance the property.

(ii) An action for other legal, equitable, or summary
remedy, such as declaratory and injunctive
relief.

(iii) Criminal prosecution, punishable by
Item 1G - 6
Ordinance No. _____

Page 6 ends

imprisonment in county jail or state prison for up
to one year, by a fine of up to $10,000, or both;
or a misdemeanor.

(iv) Record a notice of violation.

(v) Withhold any or all future permits and approvals.

(c) Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

2. Zone. The lot to be split is in a single -family residential zone . For purposes of this section, a single -family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. Lot Location.

(a) The lot to be split is not located on a site that is any of the following:

(1) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural
protection or preservation by the voters.

(2) A wetland.

(3) Within a very high fire hazard severity zone, unless the site complies with all fire -hazard mitigation measures required by existing building standards.

(4) A hazardous waste site that has not been cleared for residential use.

(5) Within a delineated earthquake fault zone, unless all development on the site complies with applicable
seismic protection building code standards.

(6) Within a 100 -year flood hazard area, unless the site has either:

(i) been subject to a Letter of Map Revision
prepared by the Federal Emergency
Management Agency and issued to the l ocal
jurisdiction, or

Item 1G - 7
Ordinance No. _____

Page 7 ends

(ii) meets Federal Emergency Management
Agency requirements necessary to meet
minimum flood plain management criteria of the
National Flood Insurance Program.

(7) Within a regulatory floodway, unless all development on the site has received a no-rise certification.

(8) Land identified for conservation in an adopted natural community conservation plan, habitat conservation
plan, or other adopted natural resource protection plan.

(9) Habitat for protected species.

(10) Land under conservation easement.

(11) Land within a hillside area, as that term is defined in section 93.13.00.

(b) The purpose of subpart (E)(3)(a) above is merely to summarize the requirements of Government Code section
65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)

4. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory, nor may the lot be or be within a site that is designated by ordinance as a city or county historic resource or as a historic property or within a historic district.

5. No Prior Urban Lot Split.

(a) The lot to be split was not established through a prior urban lot split.

(b) The lot to be split is not adjacent to any lot that w as established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

6. No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

(a) Housing that is income-restricted for households of moderate, low, or very low income.

(b) Housing that is subject to any form of rent or price control Item 1G - 8
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through a public entity’s valid exercise of its policy power.

(c) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to
submission of the urban lot split application.

(d) Housing that has been occup ied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and inv estigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

7. Lot Size.

(a) The lot to be split must be at least 2,400 square feet.

(b) The resulting lots must each be at least 1,200 square feet.

8. Easements.

(a) The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

(b) Each easement must be shown on the tentative parcel map.

(c) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart (D)(2) above.

(d) If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.

9. Lot Access.

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(a) Each resulting lot must adjoin the public right-of-way.

(b) Each resulting lot must have frontage on the public right -of- way of at least 12.5 feet.

10. Unit Standards.

(a) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 93.23.21 of this code, an ADU, or a JADU.

(b) Unit Size.

(1) The total floor area of each primary dwelling that is developed on a resulting lot must be

(i) less than or equal to 1,000 and

(ii) more than 500 square feet.

(2) A primary dwelling that was legally established prior to the urban lot split and that is larger than 1,000 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.

(3) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 1,000 square feet may be expanded to 1,000 square feet after the
urban lot split.

(1) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story
or 16 feet in height, measured from grade to peak of
the structure.

(2) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories
or 22 feet in height, measured from grade to peak of
the structure. A second story is only permissible where conformance to lot cover age or setback requirements
does not result in two primary units on the lot of up to 1,000 square feet each. Any portion of a new primary
dwelling that exceeds one story must be stepped back
Item 1G - 10
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by an additional five feet from the ground floor; no
balcony deck or other portion of the second story may
project into the stepback.

(3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

(d) Lot Coverage. Lot coverage shall not exceed 45%. This lo t coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 1,000 square feet each.

(e) Setbacks.

(1) Generally. All setbacks must conform to those
objective setbacks that are imposed through the
underlying zone.

(2) Exceptions. Notwithstanding subpart (E)(10)(e) above:

(i) Existing Structures. No setback is required for
an existing legally established structure or for a
new structure that is constructed in the same
location and to the same dimensions as an
existing legally established structure.

(ii) 1,000 square feet; four -foot side and rear. The
setbacks imposed by the underlying zone must
yield to the degree necessary to avoid physically
precluding the construction of up to two units on
the lot or either of the two units from being at
least 1,000 square feet in floor area; but in no
event may any structure be less than four feet
from a side or rear property line.

(iii) Front Setback Area. Notwithstanding any other
part of this code, dwellings that are constructed
after an urban lot split must be at least 25 feet
from the front property lines. The front setback
area must:

(I) be kept free from all structures greater
than three feet high;

(II) be at least 50 percent landscaped with
drought-tolerant plants, with vegetation
Item 1G - 11
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and irrigation plans approved by a
licensed landscape architect;

(III) allow for vehicular and fire-safety access
to the front structure.

(f) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:

(1) The lot is located within one-half mile walking distance of either

(i) a corridor with fixed route bus service with
service intervals no longe r than 15 minutes
during peak commute hours or

(ii) a site that contains

(I) an existing rail or bus rapid transit station,
or

(II) the intersection of two or more major bus
routes with a frequency of service interval
of 15 minutes or less during the morning
and afternoon peak commute periods.

(2) The site is located within one block of a car -share vehicle location.

(g) Architecture.

(1) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling
unit in exterior materials, color, and dominant roof
pitch. The dominant roof slope is the slope shared by
the largest portion of the roof.

(2) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are
developed on the lot, the dwellings must match each
other in exterior materials, color, and dominant roof
pitch. The dominant roof slope is the slope shared by
the largest portion of the roof.

(3) All exterior lighting must be limited to down-lights.

Item 1G - 12
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(4) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing,
landscaping, or priva cy glass may be used to provide
screening and prevent a direct line of sight.

(5) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either
be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(h) Landscaping. Evergreen lan dscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

(1) At least one (1) 15 -gallon size plant shall be provided for every five (5) linear feet of exterior wall.

Alternatively, at least one (1) 24” box size plant shall be provided for every ten (10) linear feet of exterior
wall.

(2) Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.

(3) All landscaping must be drought tolerant.

(4) All landscaping must be from the city’s approved plant list.

(i) Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.

(j) Utilities. Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.

(k) Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

11. Fire-Hazard Mitigation Measures.

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(a) A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

(1) It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The
public right-of-way must have at least two independent
points of access for fire and life safety to access and for residents to evacuate.

(2) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire
hazard severity zone.

(3) All enclosed structures on the site must have fire
sprinklers.

(4) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right- of-way or of an onsite fire hydrant or standpipe.

(5) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per
dwelling, with fire -authority approved hookups
compatible with fire-authority standard pump and hose
equipment.

(b) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpa rt (E)(11). The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city’s costs for inspection. Failu re to pay is grounds for denying the
application.

12. Separate Conveyance.

(a) Within a resulting lot.

(1) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed
separately from each other.

(2) Condominium airspace divisions and common interest
developments are not permitted on a lot that is created Item 1G - 14
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by an urban lot split.

(3) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

(b) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purpos es if the structures meet building code safety standards and are sufficient to allow separate
conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs,
easements, or other documentation that is nece ssary to allocate rights and responsibility between the owners of the two lots.

13. Regulation of Uses.

(a) Residential-only. No non -residential use is permitted on any lot created by urban lot split.

(b) No Short -Term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.

(c) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three (3) years after the urban lot split is approved.

14. Notice of Construction.

(a) At least 30 business days before starting any c onstruction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

(1) Notice that construction has been authorized,

(2) The anticipated start and end dates for construction,

(3) The hours of construction,

Item 1G - 15
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(4) Contact information for the project manager (for
construction-related complaints), and

(5) Contact information for the Building & Safety Division.

(b) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

15. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

(a) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

(b) Expressly prohibits any non-residential use of the lots created by the urban lot split.

(c) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

(d) States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and
development.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they exi sted on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Item 1G - 16
Ordinance No. _____

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Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

SECTION 3. Add Section 93.23.21 to Chapter 93.00 of the Palm Springs Zoning Code to read as follows:

Section 93.23.21 Two-Unit Projects

A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

B. Definition. A “two -unit project” means the development o f two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for a two -unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2. An application for a two -unit project must be submitted on the city’s approved form.

3. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

Item 1G - 17
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1. An application for a two -unit project is approved or denied ministerially, by the Director, without discretionary review.

2. The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, inc luding attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. A two -unit project must satisfy each of the following requirements:

1. Map Act Compliance. The lot must have been legally subdivided.

2. Zone. The lot is in a single -family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. Lot Location.

a. The lot is not located on a site that is any of the following:

1) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural
protection or preservation by the voters.

2) A wetland.

3) Within a very high fire hazard severity zone, unless the site complies with all fire -hazard mitigation measures required by existing building standards.

4) A hazardous waste site that has not been cleared for residential use.

5) Within a delineated earthquake fault zone, unles s all development on the site complies with applicable
seismic protection building code standards.

Item 1G - 18
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6) Within a 100 -year flood hazard area, unless the site has either:

(i) been subject to a Letter of Map Revision
prepared by the Federal Emergency
Management Agency and issued to the local
jurisdiction, or

(ii) meets Federal Emergency Management
Agency requirements necessary to meet
minimum flood plain management criteria of the
National Flood Insurance Program.

7) Within a regulatory floodway, unless all development on the site has received a no-rise certification.

8) Land identified for conservation in an adopted natural community conservation plan, habitat conservation
plan, or other adopted natural resource protection plan.

9) Habitat for protected species.

10) Land under conservation easement.

(11) Land within a hillside area, as that term is defined in section 93.13.00.

b. The purpose of subpart (E)(3)(a) above is merely to
summarize the requirements of Government Code section
65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)

4. Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory, nor may the lot be or be within a site that is designated by ordinance as a city or county resource or as a historic property or within a historic district.

5. No Impact on Protected Housing. The two -unit project must not require or include the demolition or alteration of any of the following types of housing:

a. Housing that is income-restricted for households of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.

Item 1G - 19
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c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to
submission of the urban lot split application.

d. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. Unit Standards.

a. Quantity.

1) No more than two dwelling units of any kind may be
built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling
unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.

2) A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or
JADU that must be allowed under state law and the
city’s ADU ordinance.

b. Unit Size.

1) The total floor area of each primary dwelling built that is developed under this section must be

(i) less than or equal to 1,000 and

(ii) more than 500 square feet.

2) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 1,000 square feet is limited to the lawful floor area at the time of the two -unit project. The unit may not be
expanded.

3) A primary dwelling that was legally established prior to Item 1G - 20
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the two -unit project and that is smaller than 1,000
square feet may be expanded to 1,000 square feet
after or as part of the two-unit project.

c. Height Restrictions.

1) On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16
feet in height, measured from grade to peak of the
structure.

2) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the
structure. A second story is only perm issible where
conformance to lot coverage or setback requirements
does not result in two primary units on the lot of up to 1,000 square feet each. Any portion of a new primary
dwelling that exceeds one story must be stepped back
by an additional five feet from the ground floor; no
balcony deck or other portion of the second story may
project into the stepback.

3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

d. Demo Cap. The two -unit project may not involve the
demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

e. Lot Coverage. Lot coverage shall not exceed 45%. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 1,000 square feet each.

f. Setbacks.

1) Generally. All setbacks must conform to those
objective setbacks that are imposed through the
underlying zone.

2) Exceptions. Notwithstanding subpart (E)(6)(f) above:

(i) Existing Structures. No setback is required for
an existing legally established structure or for a
new structure that is constructed in the same
Item 1G - 21
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location and to the same dimensions as an
existing legally established structure.

(ii) 1,000 sf; four -foot side and rear. The setbacks
imposed by the underlying zone must yield to
the degree necessary to avoid physically
precluding the construction of up to two units on
the lot or either of the t wo units from being at
least 1,000 square feet in floor area; but in no
event may any structure be less than four feet
from a side or rear property line.

3) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed u nder this
section must be at least 25 feet from the front property lines. The front setback area must:

(i) be kept free from all structures greater than
three feet high;

(ii) be at least 50 percent landscaped with drought-
tolerant plants, with vegetation and irrigation
plans approved by a licensed landscape
architect;

(iii) allow for vehicular and fire-safety access to the front structure.

g. Parking. Each new primary dwelling unit must have at least one off -street parking space per unit unless one of t he following applies:

1) The lot is located within one-half mile walking distance of either

(i) a corridor with fixed route bus service with
service intervals no longer than 15 minutes
during peak commute hours or

(ii) a site that contains

(I) an existing rail or bus rapid transit station,

(II) the intersection of two or more major bus
routes with a frequency of service interval
of 15 minutes or less during the morning
and afternoon peak commute periods.

Item 1G - 22
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2) The site is located within one block of a car -share vehicle location.

h. Architecture.

1) If there is a legal primary dwelling on the lot that was established before the two -unit project, any new
primary dwelling unit must match the existing primary
dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

2) If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are
developed on the lot, the dwellings must match each
other in exterior materials, color, and dominant roof
pitch. The dominant roof slope is the slope shared by
the largest portion of the roof.

3) All exterior lighting must be limited to down-lights.

4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy
glass may be used to provide screening and prevent a
direct line of sight.

5) If any portion of a dwelling is less than 30 feet from a property line that is not a public right -of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at
least six feet above the finished flo or, or (for windows and for doors) utilize frosted or obscure glass.

i. Landscaping. Evergreen landscape screening must be
planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

1) At least one (1) 15 -gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one (1) 24” box size plant shall be provided for every ten (10) linear feet of exterior wall.

2) Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.

Item 1G - 23
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3) All landscaping must be drought tolerant.

4) All landscaping must be from the city’s approved plant list.

j. Nonconforming Conditions. A two -unit project may only be approved if all nonconforming zoning conditions are
corrected.

k. Utilities. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

l. Building & Safety. All structures buil t on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.

7. Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire -hazard mitigation measures:

a. It must have direct access to a public right -of-way with a paved street with a width of at least 40 feet. The public right - of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

b. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

c. All enclosed structures on the site must have fire sprinklers.

d. All sides of all dwellings on the site must be within a 150 -foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe.

e. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire -authority standard pump and hose equipment.

8. Separate Conveyance.

a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.

Item 1G - 24
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b. Condominium airspace divisions and common interest
developments are not permitted within the lot.

c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

9. Regulation of Uses.

a. Residential-only. No non -residential use is permitted on the lot.

b. No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.

c. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two -unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

10. Notice of Construction.

a. At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

1) Notice that construction has been authorized,

2) The anticipated start and end dates for construction,

3) The hours of construction,

4) Contact information for the project manager (for
construction-related complaints), and

5) Contact information for the Building & Safety
Department.

b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

11. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

Item 1G - 25
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a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

b. Expressly prohibits any non-residential use of the lot.

c. Expressly prohibits any separate conveyance of a prima ry dwelling on the property, any separate fee interest, and any common interest development within the lot.

d. If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the l ot as the owners’ primary residence and legal domicile.
e. States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and
development.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assiste d by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Remedies. If a two -unit project violates any part of this code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

Item 1G - 26
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2. The city may:

a. Bring an action to enjoin any attempt to sell, lease, or finance the property.

b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

d. Record a notice of violation.

e. Withhold any or all future permits and approvals.

f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code.

SECTION 4. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinanc e shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 5. Under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”).

Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.

SECTION 6. On its effective date, this Ordinance shall supersede Urgency Ordinance No. 2057 with identical regulatory content adopted on January 13, 2022.

SECTION 7. The Mayor shall sign and the Ci ty Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
Item 1G - 27
Ordinance No. _____

Page 27 ends

COUNCIL THIS ______ DAY OF ___________________, ______.

LISA MIDDLETON
MAYOR

ATTEST:

ANTHONY J. MEJIA, MMC

CITY CLERK

Item 1G - 28
Ordinance No. _____

Page 28 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on __________ and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

ANTHONY J. MEJIA, MMC

CITY CLERK

Item 1G - 29

CITY COUNCIL STAFF REPORT
02/10/2022 1. H.

City Clerk -

SUBJECT

APPROVAL OF CONTRACT PURCHASE AGREEMENTS WITH SC

COMMERCIAL, LLC, DOWNS ENERGY, WEX BANK DBA WRIGHT EXPRESS FSC, SOUTH COAST EVS. AND DANIELS TIRE SERVICE, INC. IN A COMBINED AMOUNT NOT TO EXCEED OF $2,191,925.75
RECOMMENDATION:

1. In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” ratify a Blanket Purchase Order for Downs Energy for diesel fuel in an amount not-to-exceed $485,000 through March 31, 2022, subject to extension at the approval of City Council, at the cooperative unit pricing offered under the County of Riverside agreement #RIVCO-40500-002-10/12.

5. Authorize the City Manager to execute all necessary documents.6.

Attachments
Item 1H

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 10, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF CONTRACT PURCHASE AGREEMENTS WITH SC

COMMERCIAL, LLC, DOWNS ENERGY, WEX BANK DBA WRIGHT
EXPRESS FSC , SOUTH COAST EVS. AND DANIELS TI RE SERVICE, INC. IN A COMBINED AMOUNT NOT TO EXCEED OF $2,191,925.75 FROM: Justin Clifton, City Manager
BY: Department of Maintenance & Facilities
SUMMARY:

Appr
oval of these contracts will allow the City to enter into or continue agreements to procure products and se rvices for cost effective and timely purchase and deli very of gasoline, diesel fuel, and a fuel card program . In addition, a pproval is also being requested for a cooperative pricing agreement for vehicle tire need s and replacements for the City’s Fleet.

RECOMMENDATION:

1. In ac
cordance with Palm Springs Municipal Code Section 7.09.010, “Cooper ative Purchasing Programs,” ratify and increase a Blanket P urchase O rder for SC Commercial, LLC for diesel fuel in an amount not -to-exceed $253,000 through March 31, 2022, subject to extension at the approval of City Council, at the cooperative unit pricing offered under the C ounty of Riverside agreement #RIVCO - 40500-002-10/12; and

2. In accordance with Palm Springs Municipal Code Sec tion 7.0 9.010, “Cooper ative Purchasing Programs,” ratify a Blanket Purchase Order for Downs Energy for diesel fuel in an amount not -to-exceed $485,000 through March 31, 2022, subject to extension at the approval of City Council, at the cooperative unit pricing offered under the County of Riverside agreement #RIVCO-40500-002-10/12; and

3. In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs, ” award a Contract Service Agreement ( Attachment 1 ) for WEX Bank dba Wright Express FSC for a fuel card progra m in an amount not-to- exceed $235,173.75 for a five-year term, subject to extension at the approval of City Council, based on the State of Calif ornia, Department of General Services Division Agreement Number 5-19-99-19; and
Item 1H - 1
City Council Staff Report
February 10, 2022 -- Page 2
Award Purchasing Contracts – Fleet Operations

4. In accordance with Palm Springs Municipal Code Section 7.05.0 20, “ Sole Source Procurement by the City ,” i ncrease a Blanket P urchase Order for South Coast Emergency Vehicle Service s for off-site fire ap paratus repair s and parts in an amount not-to-exceed $300,000 through June 30, 2022, subject to extension at the approval of Cit y Council, as a sole source provider of repairs to Pierce Equipment; and

5. In accordance with Palm Springs Municipal Code Section 7.09.010, “Coopera tive Purchasing Programs,” award a Contract Servi ce Agreement for Daniels Tir e Service, Inc. (Attachment 1) in an amount not -to-exceed $918,750 for a five-year term, subject to extension at the approval of City Council, at the cooperative unit pricing offered under NJPA Sourcewell Agreement #102517-GTC; and

6. Authorize the City Manager to execute all necessary documents.

STAFF ANALYSIS:

The Maintenance and Facilities De partment oversees the orde ring and management of the gasoline and diesel fuel needs for the City’s fleet inventory. Due to the relati vely small volume of fuel that is purchased, the City benefits by participating in the bulk fuel contract of a much larger agency. The City has participated in the County of Riverside’s bulk fuel contract since 2004. In 2008, the County conducted a formal bid process for a bulk fuel contr act that included all the County fuel requirements, as well as the fuel requirements of nine cities in t he county, including Palm Springs. The County’s bid process resulted in a c ontract awarded to two vendors : SC Commercial, LLC (formerly SoCo Group, Inc.) and Downs Energy (formerly Downs Commercial Fueling ). The City has benefited from a Riverside County cooperative pricing agreement for fuel delivery and pricing through these companies.

SC Commercial and Downs Energy were awarded contracts by the County of Riverside for purchasing and delivery of gasoline under a competitive bid process . Annually the City expends approximately $601,150 on fuel purchasing and delivery fees. The contracts have been extended over time and are st ill in place through March 31, 2022.

The County is currently underway with a new solicitation for fuel, with bids due later this month and awards expected in March 2022. Staff will come back to Council in March for long-term agreements utilizing the new County contracts.

The County’s contracts include provisions that allow the awarded vendors to extend the same contract pricing to other public agencies. The Procurement and Contract ing Manager has validated the competitive bid process with Riverside Cou nty, the piggyback p ricing provi sion, and concurred that the pr icing leveraged under the purchasing power of the County agreement would likely be les s than what we could obtain independently . As such , pursuant to the provisions of the Procurement Ordinance, 7.09.010, the C ity Council m ay a uthorize the acquisition of g asoline purchasing and del ivery, under this cooperative pricing afforded through the Riverside County agreements. The agreement is for r atification and amendment of a Blanket Item 1H - 2
City Council Staff Report
February 10, 2022 -- Page 3
Award Purchasing Contracts – Fleet Operations

Purchase Order that was alr eady in place but is in need of additional funding for SC Commercial, LLC through March 31, 2022, and ratification of a Blanket Purchas e Order already in place for Downs En ergy. Staff will come back to Council in March for a longer-term contract once the County has its new contracts awarded.

WEX Ba nk dba Wright Express FSC – Annually, the City’s Fleet Operations Division expends approximately $44,795 for fuel purchased through this fuel card program. This program provides primarily public sa fety staff with the a bility to fuel City vehicles at services stations t hat accept this program. The City uses a fuel card program contract by the State of California under its Department of General Services.

South Coast Emergency V ehicle Service – Annually, the Fleet Operations Division expends approximately $200,000 for repairs to P ierce fire apparatus. This is a sole - source procurement as South Coast Emergency Vehicle Service is the only authorized dealer in our area to work on this specialized equipment. City Council approved the use of these services under a Blanket Purchase Order (BPO) in November of 2018 in an amount not to exceed $200,000 annually, however the repairs for this year will exc eed that amount and the refore the BPO needs to be increased by $ 100,000 t o allow for needed repairs for the remainder of this fiscal year.

Daniels Tire Service , Inc. – Annually, the Fleet Operations Division expends approximately $1 75,000 for tire purchases, mounting and replacements for light and heavy-duty motor vehicles. Th e City utilizes a cooperative contract that was procured through NJPA Sourcewell and awarded to Goodyear Tire and Rubber Company , with Daniels Tire Service , Inc. being an authorized dealer under that contract , which allows the City to utilize this contract for these needed tire services.

ENVIRONMENTAL IMPACT:

The requested City Council action is not a “Project” as defined by the Calif ornia Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential f or resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for t he above- mentioned services, and is exempt from CEQA pursuant to S ection 15378(b), in that a “Project” does not include: ( 5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

The recommended Blanket Purchase Order s with SC Commercial LLC, Downs Energy and South Coast Emergency Vehicle Ser vice and five-year contract awards with WEX Bank dba Wright Express FSC and Daniels Tire Service , Inc. would be effective February 21, 2022, at a cost not to exceed $2,191,925.75. Sufficient funds are available in the current fiscal year budget , and sufficient funding will be budgeted as part of the Item 1H - 3
City Council Staff Report
February 10, 2022 -- Page 4
Award Purchasing Contracts – Fleet Operations

Fiscal Year 2022-23 Budget.

REVIEWED BY:

Department Director: Staci Schafer
Procurement Manager: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton

ATTACHMENTS:

1. Contract Services Agreements for WEX Bank dba Wright Express FSC and Daniels Tire Service, Inc.

Item 1H - 4

ATTACHMENT 1
Item 1H - 5
55575.18165\32899991.2

Revised: 12.1.2021

1 CONTRACT SERVICES AGREEMENT A9039

FUEL CARD SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on February 21, 2022, by and between the City of Palm Springs , a California charter city and municipal corporation (“City”), and WEX Bank dba Wright Express FSC , a Utah Indus trial Bank, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a fuel card provider, for use by City Staff to fuel City Vehicles, (“Service”).

B. Contractor is under a State of Califo rnia Contract under the Department of General Services Agreement 5 -19-99-19 to provide fuel card services , to public entities including the City under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Service.

D. City desires to retain the services of Contractor for the Service.

NOW, THEREFORE , in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services . In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services ” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the S ervices shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law . Contractor sha ll comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

Item 1H - 6
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2 1.3 Licenses and Permits . Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the S ervices required by this Agreement.

1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be pe rformed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon s chedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the P arty responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance wi th the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $235,173.75.

3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by C ity’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes . In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents , work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Counci l of City for each fiscal year . If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

Item 1H - 7
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3 4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance s et forth in Exhibit “A .” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of S ervices to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event , if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the W ork); and (4) pandemics, epidemics or quarantine rest rictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the S ervices for the period of the enforced delay when and if , in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the P arties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement s hall continue in full force and effect for a period of five years , commencing on February 21, 2022, and ending on January 31, 2027, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cau se, upon thirty (30) days written notice to Contractor . W here termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of terminati on, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all S ervices rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termina tion of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor , who shall be liable for the full cost of the City's corr ective action .

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

Item 1H - 8
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4 5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Tim Laukka , President/CEO. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during t he term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the S ervices under this Agreement . The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Officer. The Contract Officer shall be the City M anager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of t he S ervices. Contractor shall refer any decisions that must be made by City to the Co ntract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor , its pr incipals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any S ervices required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions sti pulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of i ts subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its empl oyees shall have any control over the manner, mode , or means by which Contractor , its agents or employees, perform the Services required, except as otherwise specified . Co ntractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages , salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compens ation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the followi ng personnel Item 1H - 9
55575.18165\32899991.2

Revised: 12.1.2021

5 without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any per sonnel assigned by Contractor by providing written notice to Contractor.

N ame: Title:
n/a

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., whic h requi re the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “public works” or “maint enance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wa ge Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon t he Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprenti ces (Labor Code Section 1777.5), certified p ayroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor ’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor s hall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To t he fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers , employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, Item 1H - 10
55575.18165\32899991.2

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6 judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injur ies to or d eath of persons (Contractor ’s employees included) , for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions , or willful misconduct committed by Contractor, its officers, employees , representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties . Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contract or’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indem nified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnif y, and/or hold harmless arises out of Contractor ’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the C laims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor ’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the S ervices required by this Agreement, or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the S ervices required by this Agreement and enable the Cont ract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit , and make records and transcripts from such records.

8.3 Ownership of Documents . All drawings, spec ifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the docum ents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

Item 1H - 11
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7 8.4 Release of Documents . All drawings, specifications, reports, rec ords, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records . After receipt o f reasonable notice and during the regular business hour s of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, docum ents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law . T his Agreement shall be construed and interpr eted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim , or matter arising out of or in relation to t his Agreement shall be instituted in the Superior C ourt of the County of Riverside , State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement s hall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negoti ation bet ween the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Wai ver. No delay or omission in the exercise of a ny right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessar y City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and R emedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative . The exercise by either P arty of one or more of such rights or remedies shall not preclude the exercise by it, at the same o r d ifferent times, of any other rights or remedies for the same default or any other default by the other Party.

Item 1H - 12
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8 9.5 Legal Action. In addition to any other rights or remedies, either P arty may take legal action, in law or in equity, to cure, correct , or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the eve nt any dispute between the Parties with respect to this Agreement results in litigation or any non- judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees . No officer or employee of City shall be personally liable to the Contractor , or any successor -in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination . In connection with its performa nce under this Agreement, Contractor shall not discrim inate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultur al or linguistic characteristics, or ethnici ty), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without li mitation the provision of benefits, relating to non- discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the ot her Party or any other person shall be in Item 1H - 13
55575.18165\32899991.2

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9 writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy- two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262

To Contractor: WEX Bank dba Wright Express FSC
PO Box 6293
Carol Stream, IL 60197-6293

11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, a greements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever possible, each provision of this Agreement shal l b e interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, c lauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary . Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any r ights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party ac knowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

Item 1H - 14
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10 11.8 Authority. T he persons executing this Agreement on behalf of the P arties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

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

[SIGNATURES ON NEXT PAGE]
Item 1H - 15
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11 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND WEX BANK DBA WRIGHT EXPRESS FSC

IN WITNESS WHEREOF, the P arties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. Agreement No. A9039

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Anthony Meji a,
City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 1H - 16
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12 EXHIBIT “A”

CONTRACTOR’S

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance
Item 1H - 17
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13 Item 1H - 18
ATTACHMENT 1
SCO ID: 7760-5199919
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES ~------------~- - -----------~

STANDARD AGREEMENT AGREEMENT NUMBER
5-19-99 -19
PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 04/2020)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Department of General Services, Procurement Division

CONTRACTOR NAME
WEX Bank

2. The term of this Agreement is:

START DATE
January 31, 2021, or upon State's Approval, whichever is later

THROUGH END DATE
June 30, 2025, with one (1) optional two-year extension by the State

3. The maximum amount of this Agreement is:
$0

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title
Exhibit A Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit( General Terms and Conditions (GTC 04/2017 as modified) +
I- Exhibit D Insurance Requirements
+
-
Exhibit E Definitions -
+
-
Exhibit F Special Provisions
-
+
- Exhibit G Contractor's Technical Proposal (incorporated by reference) Items shown with an asterisk(*), are /Jereb incorporated by reference and made part of this agreement as if attached hereto. y These documents can be viewed at htt12.s://www. dgs.ca.gov/OLS/Reso11rces IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partn ership, etc.) WEX Bank

CONTRACTOR BUSINESS ADDRESS
7090 South Union Park Center, Suite 350

PRINTED NAME OF PERSON SIGNING
Tim Laukka

CONTRACTOR AUTHORIZED SIGNATURE
CITY
Midvale
TITLE
President/CEO

DATE SIGNED
2/2/2021
!
STATE
UT
Pages
11 Pages
2 Pages
4 Pages
3 Pages
5 Pages
8 Pages
1 Page
!
ZIP
B4070

Page 1 of 2 ends

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14 Item 1H - 19
SCO ID: 7760-5199919

STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES ,----------------,--- --------- - -----,

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)

CONTRACTING AGENCY NAME
Department of General Services, Procurement Division

CONTRACTING AGENCY ADDRESS
707 Third Street

PRINTED NAME OF PERSON SIGNING
Patrick Mull en

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL

AGREEMENT NUMBER
5-19-99-19

STATE OF CALIFORNIA

APPROVED
FEB 25-2021
ALW:LAG:skb

OFFICE OF LEGAL SERVICES
DEPT. OF GEN RAL SERVICES
PURCHASING AUTHORITY NUMBER (If Applicable)
CITY
West Sacramento
TITLE
Manager

DATE SIGNED
J.,- g . 202.{
EXEMPTION (If Applicable)

STATE ZIP
CA 95605

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15 Item 1H - 20
Depar.. ..mt of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
EXHIBIT A: SCOPE OF WORK
The Department of General Services (DGS), Office of Fleet and Asset Management (OFAM), hereinafter referred to as the "State" or "DGS-OFAM" is contracting for a provider of a Fleet Payment System (FPS) to pay, manage, reconcile and report statewide fuel purchases and fleet-related services for the State's Fleet Card Program.

1. SCOPE OF WORK
A. The State and WEX Bank (hereinafter referred to as the "Contractor"), hereby agree that Contractor will provide FPS services to State Agencies and Optional Users (also referred to as "Participating Entities") participating in the State's Fleet Card Program in accordance with the terms and conditions of this Master Service Agreement ("MSA" or "Contract" or "Agreement").

B. Fuel and fleet-related expenses include but are not limited to automotive fuel, oil, fluids, lubricants, parts, repairs and maintenance.

2. TERM
A. The term of this Agreement is for a five (5) year period from the "Go Live" date.

The Agreement is effective upon execution by DGS and approval from the DGS, Office of Legal Services.

B. The "Go Live" Date shall be July 1, 2021. Implementation, training and payment account set-up tasks may begin upon award or the effective date of the Agreement, whichever is earlier.

C. The State reserves the right to extend the term for one (1) optional two-year period.

D. All Subsidiary Agreements executed before the end of the MSA term may continue for up to twelve (12) months following the MSA expiration date.

E. Should the Contractor fail to commence work at the agreed upon time, the State, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the Contractor shall be liable to the State for the actual cost of engaging another contractor to perform the work.

F. In addition to any other provision of this Agreement, the State may terminate this Agreement or cancel a portion of the service for any reason with thirty (30) days written notice. Participating Entities may terminate subsidiary agreements for any reason with thirty (30) days written notice. In the event of termination, Participating Entities shall remain responsible for payment of all amounts owed to Contractor related to charges incurred up until the effective date of termination.

3. ORDER OF PRECEDENCE
A. In the event of a discrepancy and/or inconsistency between the articles, attachments, or provision which constitutes this Agreement, the following descending order of precedence shall apply:

Page 1 of 34 ends

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16 Item 1H - 21
1) Exhibit A: Scope of Work
Depar ,. ~nt of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
2) Exhibit B: Budget Detail and Payment Provisions
3) Exhibit C: General Terms and Conditions
4) Exhibit D: Insurance Requirements
5) Exhibit E: Definitions
6) Exhibit F: Special Provisions
7) Exhibit G: Contractor's Technical response

4. CONTRACT ADMINISTRATORS
A. All inquiries during the term of this Agreement will be directed to the representatives listed below:

State FPS Program Manager Contractor Relationship Manager Eric Mayes Ryan Kelly
1700 National Drive 97 Darling Avenue
Sacramento , CA 95834 South Portland, MN 04106
Phone : (916) 928-2575 Phone : (952) 922-1104
Email: Eric.Mayes@dgs .ca.gov Email: Ryan.Kelly@wexinc .com B. Should a representative change, each party will notify the other in writing no later than fourteen (14) calendar days after the date of such change, without amendment to this Agreement.

5. RESPONSIBILITIES
A. Contractor is responsible for providing a FPS in accordance with this Agreement.

B. DGS-OFAM is responsible for the statewide administration of FPS services and developing User Instructions for Participating Entities.

C. Participating Entities are responsible for designating a Program Administrator and compliance with DGS-OFAM User Instructions including the State Fleet Card Program Manual.

6. PAYMENT ACCOUNTS
A. Contractor shall provide the following Direct Bill Accounts :
1) Card Payment Accounts for fuel and fleet-related services as defined by DGS-OFAM. System will allow assignment of Driver Identification Number (DIN) to driver, vehicle or participating entity .

B. Participating Entities may cancel payment accounts at any time.

C. At any time, the State may amend this Agreement to enable Contractor to provide additional payment accounts at no cost to the State.

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17 Item 1H - 22

7. IMPLEMENTATION
Depar, Jnt of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
A. Contractor shall set up and implement existing payment accounts by the "Go Live" date in the following order of priority:
1) OFAM Fleet
2) State Agencies
3) Optional Users
B. A naming convention for set up of accounts will be determined through mutual agreement between the State and the Contractor. The naming convention will be maintained and used for all payment accounts throughout the term of this Agreement.

C. Within 30 days of award, the Contractor will work with the State to transition current Participating Entities to the new agreement. Contractor and State FPS Program Manager will develop a transition plan specific to the State's Fleet Card Program, including implementation time frame for "go live" date, to ensure that an efficient and effective transition takes place.

D. Contractor will work with the State FPS Program Manager to meet all elements of the agreed upon implementation plan.

E. Payment accounts set-up and implementation activities will be provided at no cost to the State.

8. AUTHORIZATION TO RENDER SERVICES
Unless otherwise provided in this Agreement, Contractor may not decline a California State Agency's request to utilize services offered under this Agreement.

A. State of California agencies and Optional Users will be allowed to participate under this agreement through a subsidiary agreement process.

B. Prior to rendering services, Contractor and a California State Agency or Optional User (as applicable) must execute a separate Subsidiary Agreement that incorporates all of the terms of this MSA by reference and may contain additional specific terms and conditions, none of which may alter, rescind, or be in conflict with the terms and conditions of this MSA.

C. For California State Agencies such agreement shall be in the form of the standard agreement, Std. 213; and for Optional Users shall be in a form specified by DGS OFAM and the Contractor. The duly executed Std. 213 and appropriate form for Optional Users are herein referred to as the "Subsidiary Agreement." D. Upon execution of a properly completed Subsidiary Agreement the State Agency and/or Optional User will become a "Participating Entity" and the provision of services by the Contractor to such Participating Entity will be governed by the terms of this Agreement.

E. Each Participating Entity is responsible for their own Subsidiary Agreement.

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18 Item 1H - 23

9. ENROLLMENT
Depar. Jnt of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
A Prior to the "Go Live" date Contractor shall provide procedures to enroll new Participating Entities along with an enrollment package to DGS-OFAM for approval.

B. The enrollment package will include an application and a Subsidiary Agreement form that stipulates Participating Entities agree to follow the terms and conditions of this Agreement. The application should include the sentence: "The parties agree to comply with the terms and conditions of MSA # 5-19-99-19 which is referenced and made a part of this transaction."
C. After mutual review by both parties, DGS-OFAM will approve the final enrollment process including procedures and form for use by Participating Entities.

D. DGS-OFAM reserves the right to modify the enrollment package at any time.

E. Contractor will set-up and activate payment accounts within 10 business days of receipt of a completed enrollment package.

F. Participating Entity's or any authorized user's acceptance of any "click-through" terms shall not be binding or have any force or effect.

10. CARD DESIGN
A Contractor will be responsible for the embossing and printing of cards. The State will use a basic design as the standard card stock to be used by all State Fleet Card Program participants that will identify the card as a state of California Fleet Card.

B. State will have the ability to customize standard card stock with verbiage and/or logo embossing.

C. The final content and design of the cards will be determined by Contractor with approval from the DGS-OFAM. Contractor agrees that the card design will include, at a minimum:
1) State of California designation
2) Statement "Official State Fleet Card"
D. The State will be responsible for furnishing any necessary artwork (digital file) to the Contractor for changes to the State-approved design during the term of the agreement.

E. The DGS-OFAM and the Contractor will agree upon any other design features that would assist with card acceptance and fraud prevention.

11.ACCOUNT ISSUANCE
A The DGS-OFAM and Participating Entities Program Administrator shall identify the point of contact that is authorized to receive cards and to be issued account numbers by submitting authorized applications, in a format as specified by the Contractor and State.

B. Contractor will mail cards issued to the DGS-OFAM and/or Participating Entities' designated point of contact within two business days after the Contractor receives cardholder account set-up information, at no additional cost.

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19 Item 1H - 24

12. RESTRICTIONS AND LIMITS
Depar, .. rnt of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
A. Contractor agrees to-impose and/or set limits and restrictions on payment accounts as specified by the DGS-OFAM or Participating Entities to include but not limited to:
1) Limiting the types of transactions allowed.
2) Limiting the dollar amount of transactions that can be applied to the account within a particular time period.

B. Suspension. Contractor shall have the right to suspend accounts if any part of the payment due is unpaid for 90 days from the Billing Cycle close date. The 90 day period is made up of 45 day payment terms on the contract and another 45 day grace period. Contractor will notify DGS-OFAM and the affected Participating Entity in writing of any suspensions of state accounts.

C. Cancellation. If an account remains unpaid for more than 180 days after the Billing Cycle close date, contractor may "charge-off" the entire outstanding balance and deduct it from the annual rebate. The 180 day period is made up of 45 day payment terms on the contract and another 135 day grace period.

D. DGS-OFAM and the Contractor may agree upon other restrictions or mechanisms that would assist in account management.

13. ONLINE DATA MANAGEMENT AND REPORTING
A. The Contractor will provide an online web-based system, WEXOnline®, for:
1) Account management;
2) Transaction data review, collection and management;
3) Administration of accounts; and
4) Reporting output and data transfer.

B. The web-based system must have permission controls based on hierarchy set up by DGS-OFAM and access to real-time data. DGS-OFAM will define the hierarchy and account information with the Contractor.

C. Designated authorized personnel from the State and Participating Entities will be provided permissions within Contractor's online (web-based) system.

D. All Participating Entities shall have access to Contractor's online system and shall have the ability to manage their respective account(s).

E. Data management and reporting systems will be available 24 hours a day, 7 days a week. Routine system upgrades should be installed during off business hours (e.g., weekends or before 7:00 a.m. and after 6:00 p.m. (PT) Monday through Friday).

F. Refer to Exhibit F, Section 14 for WEXOnline® special provisions.

14.STATEMENTS AND RECONCILIATION
A. Contractor shall provide Participating Entity with an itemized billing statement for each Billing Cycle in which the Account has activity. Refer to Exhibit F, Section 5.

B. Contractor will provide an on line data management and reporting system and spend data for reconciliation.

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20 Item 1H - 25
Deparl. .mt of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
C. Contractor will provide drill down capabilities for transaction data.

D. Contractor shall have an established collection process for delinquent accounts.

E. The DGS-OFAM and the Contractor will agree upon process and procedures.

15.DATA CAPTURE CAPABILITIES AT POINT OF SALE INFORMATION A. Contractor must capture Level 1-111 data specifications as provided by merchants.

B. The DGS-OFAM and the Contractor may agree to additional data capture and electronic data capabilities.

16. REPORTING
A. Contractor will provide report generating and archiving capabilities from a centralized web-based system.

B. Contractor's system will be required to generate the following reports:
1) Transaction detaU reports
2) Transaction exception reports
3) Lost/Stolen Cards
4) Disputed Transactions
5) Declined Transaction
6) State Fuel Volume Report (Total Volume of all State Agencies including quantity purchased, amount spent, fuel type purchased by account) 7) Comprehensive All-Inclusive Fuel Volume Report (Total Volume of all Participating Entities including quantity purchased, amount spent, fuel type purchased by account)
8) State Maintenance Volume Report (Total Volume of all State Agencies including maintenance type, service performed, and amount spent) 9) Comprehensive All-Inclusive Maintenance Volume Report (Total Volume of all Participating Entities including maintenance type, service performed, and amount spent by account)
1 0)Monthly Past Due Status Reports (All past due accounts by Participating Entity)
11) Card holder Activity (Transaction detail reports by card) 12)Transactions by Vehicles (Transaction detail reports by vehicle) 13)Transactions by Participating Entity (Transaction detail reports by Participating Entity)
14)Vendor Usage (Transaction detail reports by vendor)
15) Electric Vehicle (EV) Transactions
C. Additional reporting information may be requested during the term of the agreement and Contractor will work with DGS-OF AM and/or Participating Entities to provide requested reports at no cost to the State.

17.USAGE REPORTING
A. Contractor shall provide an electronic Usage Report to the FPS Program Manager on an annual basis. The report shall provide the calculated incentive share (rebates) by Participating Entity and total incentives to be provided to the

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21 Item 1H - 26
Depah .. Jnt of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
State and each Participating Entity for the calendar year. Report must contain at a minimum, but not limited to, the following data elements:
• Participating Entity Name
• Annual Total Spend (by Participating Entity)
• Total number of Transactions (by Participating Entity) • Calculated Total Spend Incentive (by Participating Entity) • Calculated Prompt Payment Incentive (by Participating Entity) • Charge-Offs (by Participating Entity)
• Actual Total Spend Incentive due to the State.

B. Report shall be provided in Excel format via email within 60 days following the last day of the calendar year. Within 30 calendar days from agreement execution, the Contractor must submit a preliminary report to DGS-OFAM for review. After mutual review by both parties, DGS-OFAM will approve final usage report format.

C. Contractor will work with the DGS-OFAM to provide ad hoc reporting during the term of the agreement at no cost to the State.

18. TRAINING
A Prior to the "Go Live" date, the Contractor will work with DGS-OFAM on a training plan to be offered for use including training types, schedule, user reference guides and additional training materials.

B. Throughout the term of the agreement, Contractor will provide ongoing training at no-cost to the Participating Entities including, at a minimum:
1) Online web-based training
2) Onsite training
3) Onsite and/or web-based user group forums
4) Written user reference guides and related materials

19. PERSONNEL RESOURCES
A Contractor will desi.gnate at least one Relationship Manager with a minimum of five years' experience handling large accounts for support, escalation issues, day-to-day customer service support for DGS-OFAM, to perform the following:
1) Be available between 8:00 a.m. - 5:00 p.m. (PT), Monday through Friday. 2) Return calls within two (2) business hours.
3) Meet in Sacramento within seventy-two (72) hours' notice. 4) Participate in quarterly meetings to review performance, quarterly reports, and customer service issues.

B. Contractor will designate at least one Account Manager with a minimum of five years' experience handling large accounts for contract support, escalation issues, day-to-day account management support for all Participating Entities, to perform the following:
1) Be available between 8:00 a.m. - 5:00 p.m. (PT), Monday through Friday. 2) Return calls within two (2) business hours.

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22 Item 1H - 27
Deparl Jnt of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
C. Contractor will assign staff to handle account settlement inquiries, payment discrepancy resolution, online system access assignment, training and updates for Program Administrators.

D. Contractor will provide a dedicated customer service team to support DGS OFAM and Participating Entities throughout the term of the agreement by providing:
1) A designated customer service team for Cardholder support. 2) Technical support for the online data management and reporting system. 3) Qualified personnel familiar with all aspects of the State's program. 4) Dedicated resources as necessary to ensure effective and efficient service. 5) A domestic and international toll-free phone number available to Cardholders 24 hours a day, every day of the year.
6) An established escalation process to resolve issues.

E. Within 15 days of agreement execution, Contractor shall provide the DGS-OFAM with contact information for assigned personnel including but not limited to:
1) Contractor's Key Account Manager
2) Contractor's additional assigned staff
3) Customer service unit information
F. The Contractor shall notify the State in writing within fourteen (14) calendar days of an Account Manager change and provide the State with at least one (1) replacement candidate that will meet or exceed the experience and skill level of the Account Manager being replaced.
1) The State shall not compensate the Contractor for any time or effort required to prepare the new Account Manager for work on the project. 2) The State, for cause, reserves the right to require the Contractor to replace an assigned Account Manager at any time. The State will notify the Contractor in writing when exercising that right, providing the Contractor with the cause.

The Contractor, within fourteen (14) calendar days of such notification, shall provide a replacement candidate that meets or exceeds the experience and skill level of the Account Manager being replaced.

20. END OF CONTRACT TRANSITION
A. All initial charge activity under this Agreement shall be completed on or before the expiration date of the Agreement.

B. If account reconciliation occurs after the Agreement expiration date or if this Agreement is terminated, the Contractor agrees to resolve all credit transaction(s).

C. Contractor agrees that at the end of the Agreement, should the State conduct another procurement and award a new contract, the Contractor will work with the State to ensure that an efficient and effective transition takes place within nine months or as mutually agreed to by the State and Contractor.

21.SECURITY AND CONFIDENTIAL INFORMATION
A. Throughout the term of the Agreement, Contractor agrees to meet all applicable Payment Card Industry (PCI) and Data Security Standards (DSS).

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23 Item 1H - 28
Deparl. .mt of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
B. Participating Entities will safeguard information regarding cards, accounts numbers, passwords, personal identification numbers and other sensitive information provided by Contractor in a manner that is consistent with those applicable to the Participating Entities' other accounts. Each party will utilize commercially reasonable efforts to maintain an appropriate information security program to prevent the unauthorized disclosure, misuse, alteration, or destruction of confidential information.

C. Nothing in this section shall be construed to limit or prevent the State or any Participating Entity from disclosing information to the extent required under the California Public Records Act, open records laws or any applicable regulations.

D. The Contractor agrees to the following provisions regarding the use and disclosure of confidential information:
1) For purposes of this Agreement, "confidential information" means information supplied by one Party ("Disclosing Party") to the other Party ("Recipient") that is expressly or implicitly protected from unrestricted use by persons not associated with Disclosing Party.
2) The Contractor agrees that the FPS services are a unique service involving the exchange of confidential information. Reports, manuals, documentation and related materials shall be provided to Participating Entities. These documents may be circulated only to the extent necessary for the Participating Entities to manage the FPS and/or use such information in connection with the State's regular course of business. 3) Contractor agrees that any non-public financial information of Participating Entities' and any non-public data regarding Participating Entities' accounts, transactions, charges, spending volume or repayment terms is Confidential Information of the Participant and such information shall be circulated by Contractor only to the extent necessary for Contractor to perform services under this agreement.

E. The Contractor will keep in confidence and safeguard all confidential information obtained during the term of the Agreement. The Contractor agrees that personnel performing work under this Agreement will maintain confidentiality regarding the State's routines, exposed written material or sensitive information, etc. The Contractor has legal and ethical responsibilities to protect the privacy, confidentiality and security of all documents containing personal and confidential information. The Contractor agrees to discuss confidential information only in the workplace and only for job related purposes and will not discuss such information outside of the workplace or within hearing of other people who do not have a need to know about the information.

Contractor's responsibility to confidentiality extends to the personnel employed by the Contractor and continues even after the Agreement has ended. In the event of a breach or threatened breach of confidentiality, the State will pursue all available remedies up to and including termination of the Agreement.

F. Contractor and DGS-OFAM shall work together to minimize and/or prevent fraudulent transactions. In addition, DGS-OFAM strongly encourages all

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Depa. ,ent of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
Participating Entities to work with Contractor to reduce and/or avoid fraudulent transactions.

22. INCENTIVES
A Incentives, as identified in Exhibit B, will stay in effect for the entire Agreement term, including the referenced exercised option year(s).

B. Total Spend Incentives are based on Total Spend for all Participating Entities. 1) The Total Spend Incentive must be provided to the DGS-OFAM annually, within ninety (90) days of the Agreement period of performance anniversary. 2) The incentive will be made payable to: DGS-OFAM.
3) The Total Spend Incentive to be received annually by DGS-OFAM is calculated as: Appropriate BP (percentage) x Total Spend Volume minus 180- day charge-offs.

C. Prompt Payment Incentives will be calculated annually based on the average speed of pay within a calendar year. The speed of pay is the number of days from the monthly statement date to the time the payment is received by the bank.

Contractor shall identify the average speed of pay for the Participating Entity within the calendar year and apply the appropriate BP from Exhibit B. 1) The Prompt Payment Incentive must be provided annually throughout the term of the contract.
2) The Prompt Payment Incentive will be paid directly to Participating Entities within sixty (60) days of the calendar year end.
3) The Prompt Payment Incentive will not be calculated with or affect the Total Spend Incentive and/or the resulting payment.
4) The Prompt Payment Incentive paid to Participating Entities is calculated as:

Appropriate BP (percentage) based on individual Participating Entity average speed of pay x Total Spend Volume of individual Participating Entity.

23. TECHNOLOGY INNOVATION
Throughout the term of this Agreement, the State will have the right to add card products and services to the Master Agreement. Contractor may propose additional products or services by submitting a written request to the State for review and approval. Request must include:
• Full description of producUservice;
• Full implementation plan, including level of effort and timeline; • Full communication plan; and
• Full training plan.

Addition of any card product or service to the Master Agreement is at the sole discretion of the State and shall be executed through an amendment to this Agreement. Proposed new card products and services must not impact the Master Agreement rebates or have any additional cost to the State.

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24. EV CHARGER INTEGRATION
Depa. . lent of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
Contractor's FPS will interact with Electric Vehicle (EV) charging vendors and be used as a payment mechanism at EV charging stations.

Wherever FPS card is accepted, Contractor must capture and provide charging session transaction data, including, but not limited to:
• Transaction location
• Date of transaction
• Charging time/duration, if available
• Total kWh purchased
• Transaction dollar totals
EV transactions will be included in WEX Fleet Card reporting, noted with an EV product code.

25. OPTIONAL SERVICES
The State reserves the right to amend this Agreement to add optional services including, but not limited to, ClearView, Bulk Fuel Services, WEXPay, Driver Dash, and Fuel Guard.

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Depa. lent of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
EXHIBIT 8: BUDGET DETAIL AND PAYMENT PROVISIONS

1. PAYMENTS
A. Participating Entities will be financially responsible to the Contractor for direct bill accounts and cardholder accounts that are issued directly to the Participating Entity.

2. INVOICING
A. Billing statements will be submitted monthly in arrears to each Participating Entity.

B. The billing statement shall include:
• Agreement Number
• Participating Entity Name
• Date of billing statement
• Time period covered
• Transactions completed for the period shall be identified • Contact information for billing comments or inquiries such as a telephone number, fax number and address
C. Upon receipt of billing statements and subsequent approval by the Participating Entity's designated representative(s), the Participating Entity will pay the Contractor.

D. Contractor will indicate chargebacks and adjustments (including credits) to the Participating Entity on their billing statements.

E. The Participating Entity will notify Contractor of any disputed item on a submitted billing statement.

3. PROMPT PAYMENT CLAUSE
A. Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

4. CONTRACTOR OVERPAYMENTS
A. If the State determines that an overpayment has been made to the Contractor, the State will seek recovery immediately upon discovery of the overpayment by:
(a) calling the contractor service center to request a refund of the overpayment amount, or (b) offsetting subsequent Contractor payments by the amount of the overpayment if Contractor repayment or credit is not received within thirty (30) days from the date of notice.

B. If Contractor discovers they have received an overpayment, Contractor must notify the State and refund the overpayment immediately.

5. FEES
No fees shall apply to this agreement, including but not limited to any fees related to bulk fuel transactions, late payment fees, delivery fees or transaction fees.

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Depa. .ent of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19

6. TOTAL SPEND INCENTIVE
The Basis Points (BP) identified below shall be used to calculate the Total Spend Incentive Contractor agrees to pay DGS-OFAM annually. Refer to Exhibit A, Section

22. Tier Total Annual Spend Volume BPs
A Under $50,000,000.00 165
B $50,000,000.01 - 170 $100,000,000.00
C $100,000,000.01 - 175 $150,000,000.00
D Over $150,000,000.00 180

7. PROMPT PAYMENT INCENTIVE
The Basis Points (BP) identified below shall be used to calculate the Prompt Payment Incentive Contractor agrees to pay Participating Entities annually. Refer to Exhibit A, Section 22.

Tier Annual Average Speed of Pay BPs
A 26-45 days 15
B 20-25 days 27
C 15-19 days 30
D 0-14 days 33

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Fleet Payment System (FPS)
MSA # 5-19-99-19
EXHIBIT C: GENERAL TERMS AND CONDITIONS
(GTC 04/2017 as modified)

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. (Gov. Code §8546.7, Pub.

Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies to the extent arising from Contractor's gross negligence or willful misconduct in connection with the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies

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Depa. lent of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

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Depa. .ent of General Services
Fleet Payment System (FPS)
MSA # 5-19-99-19
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

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Palm Springs City CouncilFebruary 10, 2022

Palm Springs City Council
February 10, 2022