Agenda packet — Palm Springs City Council, March 24, 2022 (part 1 of 3)

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).

MARCH 24, 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.

The City Council encourages written public testimony prior to the meeting, which provides the City Council ample time and attention for consideration. All written testimony will be provided to the City Council prior to the discussion. Written testimony may be sent via email to [email protected], by fax at (760) 322-8332, or hand delivery to the City Clerk, Palm Springs City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262.

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.

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.

March 24, 2022 City Council Regular Meeting Agenda 2

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 video conference, in accordance with AB 361.

B. APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of September 29, 2021.

C. APPROVE THE 2022 AIR SERVICE INCENTIVE PROGRAM FOR PALM

SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve the new 2022 Air Service Incentive Program.1.

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2022 AIR

SERVICE INCENTIVE PROGRAM FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT.”

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

3. D. AUTHORIZE ISSUANCE OF A LETTER IN SUPPORT OF ASSEMBLY BILL 1814 – TRANSPORTATION ELECTRIFICATION
RECOMMENDATION:

Authorize issuance of a letter to Assemblymember Eduardo Garcia, Chair of the Assembly Utilities and Energy Committee, in support of AB 1814 relative to allowing Community Choice Aggregators (CCA’s) the option to become program administrators for the California Public Utilities Commission’s (CPUC) Transportation Electrification Program.

E. AWARD A CONSTRUCTION CONTRACT TO A PLUS ROOFING AND
CONSTRUCTION, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $200,000 FOR THE CITY YARD ROOF REPLACEMENT, CITY PROJECT NO. 19-19
RECOMMENDATION:

Award a construction contract to A Plus Roofing and Construction, Inc., a California corporation, in the amount of $200,000 for the City Yard Roof Replacement, City Project No. 19-19 (“the Project”).

1. March 24, 2022 City Council Regular Meeting Agenda 3 Replacement, City Project No. 19-19 (“the Project”).

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

2. F. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 2022
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of February 1 through February 28, 2022.

G. APPROVAL OF CONTRACT SERVICES AGREEMENT WITH GOVOS TO

PROVIDE SHORT-TERM RENTAL COMPLIANCE SERVICES
RECOMMENDATION:

Approve a contract services agreement with GovOS to provide short-term rental compliance services in an amount not to exceed $90,000 annually, for a period of three and one-half years.

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

H. REQUEST BY RONALD DUPUIS, OWNER, FOR APPROVAL OF A MILLS ACT

HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A WEXLER
STEEL HOME, A CLASS 1 HISTORIC SITE LOCATED AT 290 SIMMS ROAD (APN #505-031-012), (HSPB #43)
RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Ronald Dupuis.

1. Authorize the City Manager to execute the Agreement.2.

Direct the City Clerk to record the Agreement with the County of Riverside.3.

March 24, 2022 City Council Regular Meeting Agenda 4

I. REQUEST BY ROCHELLE STEINER, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1870 SOUTH BARONA

ROAD, A CONTRIBUTING STRUCTURE IN THE SANDCLIFF GARDEN APARTMENT HOMES HISTORIC DISTRICT (APN #510-040-023), (HSPB #93 / HD-5) RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, Rochelle Steiner and the Sandcliff Homeowners Association.

1. Authorize the City Manager to execute the Agreement.2.

Direct the City Clerk to record the Agreement with the County of Riverside.3.

J. ACCEPT A STATE HOMELAND SECURITY PROGRAM GRANT AWARD IN THE AMOUNT OF $284,560 FROM THE CALIFORNIA OFFICE OF EMERGENCY

SERVICES, THROUGH THE COUNTY OF RIVERSIDE EMERGENCY MANAGEMENT

DEPARTMENT, FOR THE PURCHASE OF INTEROPERABLE COMMUNICATIONS

EQUIPMENT FOR LAW ENFORCEMENT
RECOMMENDATION:

Approve the acceptance of a 2021 State Homeland Security Program Grant Award in the amount of $284,560 from the California Office of Emergency Services (CalOES), through the County of Riverside Emergency Management Department.

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

K. AUTHORIZE THE PURCHASE OF ONE (1) SHADE STRUCTURE FROM SHADE STRUCTURES INC., A TEXAS CORPORATION, IN THE AMOUNT OF $17,763.33 FOR THE DESERT HIGHLAND PARK SHADE STRUCTURE PROJECT, CITY PROJECT NO. 21-22
RECOMMENDATION:

In accordance with Section 7.09.010 of the Palm Springs Municipal Code, "Cooperative Purchasing Programs", authorize the purchase and installation of one (1) shade structure from Shade Structures Inc., dba USA Shade & Fabric Structures, a Texas corporation, pursuant to Cooperative Purchasing Contract 030117-LTS, for an amount of $17,763.33.

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

March 24, 2022 City Council Regular Meeting Agenda 5

L. AUTHORIZE THE PURCHASE OF THREE (3) SHADE STRUCTURES FROM SHADE STRUCTURES INC., A TEXAS CORPORATION, IN THE AMOUNT OF $100,946.36 FOR THE SWIM CENTER SHADE STRUCTURES, CITY PROJECT NO. 21-32 RECOMMENDATION:

In accordance with Section 7.09.010 of the Palm Springs Municipal Code, "Cooperative Purchasing Programs", authorize the purchase and installation of three (3) shade structures from Shade Structures Inc. dba USA Shade & Fabric Structures, a Texas corporation, pursuant to Cooperative Purchasing Contract 030117-LTS, for an amount of $100,946.36.

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

M. AWARD A CONSTRUCTION CONTRACT TO PAVEMENT COATINGS CO., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $893,600 FOR THE 2022 SLURRY SEAL PROJECT, CITY PROJECT NO. 21-02
RECOMMENDATION:

Award a construction contract to Pavement Coatings Co., a California corporation, in the amount of $893,600 for the 2022 Slurry Seal Project, City Project No. 21-02 (“the Project”).

1. Authorize the City Manager to approve a purchase order in an amount not to exceed $75,000 with an ‘on-call’ firm for construction management and inspection services.

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

N. TREASURER’S INVESTMENT REPORT AS OF SEPTEMBER 30, 2021, OCTOBER 31, 2021, AND NOVEMBER 30, 2021
RECOMMENDATION:

Receive and File Treasurer’s Investment Report as of September 30, 2021, October 31, 2021, and November 30, 2021.

O. APPROVAL OF PUBLIC ART COMMISSION NEIGHBORHOOD GRANT PROGRAM AND APPROPRIATION OF $25,000 IN GRANT FUNDING FROM PUBLIC ARTS FUND RECOMMENDATION:

Approve a budget allocation of $25,000 from the Public Art Fund for the Public Arts Neighborhood Grant Program.

March 24, 2022 City Council Regular Meeting Agenda 6

P. SECOND READING AND ADOPTION OF ORDINANCE NO. 2061 ADOPTING A

CATEGORICAL EXEMPTION AND APPROVING A CHANGE OF ZONE APPLICATION FROM RMHP (RESIDENTIAL MOBILE HOME PARK) TO R-1-C (SINGLE-FAMILY RESIDENTIAL) FOR AN UNDEVELOPED 1.35-ACRE PARCEL (APN: 508-240-020)

LOCATED AT THE NORTHWEST CORNER OF SUNNY DUNES AND SOUTH SUNRISE WAY, SECTION 23.

RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2061 entitled," AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A CATEGORICAL EXEMPTION

AND APPROVING A CHANGE OF ZONE APPLICATION FROM RMHP (RESIDENTIAL MOBILE HOME PARK) TO R-1-C (SINGLE-FAMILY RESIDENTIAL) FOR AN UNDEVELOPED 1.35-ACRE PARCEL (APN: 508-240-020) LOCATED AT THE

NORTHWEST CORNER OF SUNNY DUNES AND SOUTH SUNRISE WAY, SECTION

23."

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

March 24, 2022 City Council Regular Meeting Agenda 7

2. PUBLIC HEARINGS:

A. REQUEST BY AG LAND INVESTMENTS, LLC FOR GENERAL PLAN AMENDMENT TO CHANGE THE CURRENT LAND USE DESIGNATION OF ‘INDUSTRIAL’ (IND) TO ‘VERY LOW DENSITY RESIDENTIAL’ (VLDR), CHANGE OF ZONE FROM ‘PLANNED RESEARCH AND DEVELOPMENT PARK’ (M-1-P) TO ‘SINGLE-FAMILY RESIDENTIAL’ (R-1-C), AND TENTATIVE TRACT MAP (TTM) AND ADMINISTRATIVE MINOR MODIFICATION (AMM) APPLICATIONS TO SUBDIVIDE 2.53 ACRES OF UNDEVELOPED LAND INTO EIGHT (8) SINGLE-FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD (CASE 5.1521 GPA/CZ, 38049 TTM, 7.1645 AMM)
RECOMMENDATION:

Open the public hearing and receive public testimony.1.

Introduce by title only and waive further reading of an Ordinance entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1521 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PLANNED RESEARCH AND
DEVELOPMENT PARK’ (M-1-P) TO ‘SINGLE-FAMILY RESIDENTIAL’ (R-1-C) FOR THE SUBDIVISION OF A 2.53- ACRE LOT INTO EIGHT (8) SINGLE-FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12.”

2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1521 GPA,

GENERAL PLAN AMENDMENT, TO AMEND THE CURRENT LAND USE
DESIGNATION OF ‘INDUSTRIAL’ (IND) TO ‘VERY LOW DENSITY RESIDENTIAL’ (VLDR) FOR THE SUBDIVISION OF A 2.53-ACRE LOT INTO EIGHT (8)

SINGLE-FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12.”

3. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE TTM 38049, TENTATIVE TRACT MAP, AND CASE 7.1645 AMM, ADMINISTRATIVE MINOR MODIFICATION, FOR THE SUBDIVISION OF A 2.53-ACRE LOT INTO EIGHT (8) SINGLE-FAMILY RESIDENTIAL PARCELS WITH THE LOT WIDTH OF 117 FEET INSTEAD OF THE CODE-REQUIRED 130-FOOT-MINIMUM FOR LOT 4 AND LOT 8 FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12.”

4. B. REQUEST BY THE CITY OF PALM SPRINGS FOR APPROVAL OF THE ANNUAL

UPDATE OF THE PALM SPRINGS ZONING CODE AND MUNICIPAL CODE (CASE

5.1466 ZTA)
RECOMMENDATION:

Open the public hearing and receive public testimony.1.

Introduce by title only and waive further reading of an Ordinance entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, ADOPTING AN ANNUAL UPDATE TO THE PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA).”

2. March 24, 2022 City Council Regular Meeting Agenda 8

3. BUSINESS & LEGISLATIVE:

A. CONSIDERATION OF GUARANTEED INCOME PILOT PROGRAM AND DIRECTION

TO STAFF
RECOMMENDATION:

Consider the request for financial support of a proposed guaranteed income pilot program and give additional direction to Staff as needed.

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 COMMENTS, REPORTS, & AGENDA DEVELOPMENT:

This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.

ADJOURNMENT:

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

City of Palm Springs )

I, Brent Rasi, 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 March 18, 2022, and posted on the City’s website as required by established policies and procedures.

____________________________
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.

March 24, 2022 City Council Regular Meeting Agenda 9
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.

March 24, 2022 City Council Regular Meeting Agenda 10

CITY COUNCIL STAFF REPORT
03/24/2022

City Clerk -

SUBJECT
3:30 P.M. CLOSED SESSION
Attachments
2022-03-24 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, March 24, 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)

One (1) ma tter that, under the existing circumstances, the City Attorney believes create s significant exposure to litigation.

DISCUSSION TO CONSIDER INITIATION OF LITIGATION Gov’t Code § 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.

CONFERENCE WITH LABOR NEGOTIATOR Gov’t Code § 54957.6

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

Employee Organization: Palm Springs Police Officers Association (PSPOA) Palm Springs Police Management Association (PSPMA)

PUBLIC EMPLOYEE PERFORMANCE EVALUATION Gov’t Code 54957

Employee: City Manager
Employee: City Attorney

CITY COUNCIL STAFF REPORT
03/24/2022 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: March 24, 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:

Fin
d 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, C ommission, and Committee meetings will be held by videoconference, in accordance with AB 361.

BACKGROUND:

Gov
ernor 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 Department 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
City Council Staff Report
March 24, 2022 -- Page 2
Virtual Meetings Under AB 361

As such, City S taff and the City Attorney recommend that the City Council make these findings, including at every 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: Monique M. Lomeli (Interim)
City Attorney: Jeffrey S. Ballinger
City Manager: Justin Clifton

Item 1A - 2

CITY COUNCIL STAFF REPORT
03/24/2022 1. B.

City Clerk -

SUBJECT

APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of September 29, 2021.

Attachments
Item 1B
Wednesday, September 29, 2021
Minutes of the Special Joint Meeting of the City Council and Human Rights Commission of the City of Palm Springs
Pursuant to Assembly Bill 361 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 Holstege on Wednesday, September 29, 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

Present: Commissioners Hugo Loyola, Kalina Robles, Edwin Ramoran, David Vignolo, Oliver Cleary, Terrie Andrade, Glenn Flood; Vice Chair Donna Shepherd; and Chair Ron deHarte

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.

1. N
EW
BUSINESS ITEMS:

A. CONSIDERATION OF HUMAN RIGHTS COMMISSION DRAFT RESOLUTION APOLOGIZING FOR CITY’S ROLE IN THE ACTIONS ASSOCIATED WITH SECTION 14 AND CONSIDERATION OF HUMAN RIGHTS COMMISSION RESOLUTION HRC 21 -001 RECOMMENDING REMOVAL OF THE FRANK

BOGERT MONUMENT FROM THE FRONT OF PALM SPRINGS CITY HALL,

AND POSSIBLE DIRECTION TO CITY STAFF
Director of Community and Economic Director Virata presented the staff report and Human Rights Chair deHarte summarized the Human Rights Commission recommendation related to the apology for the City’s role in the actions associated with Section 14 and removal of the Frank Bogert monument and responded to City Council inquiries.

Item 1B - 1
City Council Minutes September 29, 2021

City of Palm Springs Page 2
Stephen Moses, suggested that the City Council order a review and correct any factual error in the Human Rights Commission’s report related to Frank Bogert.

Ron Oden, spoke on his relationship with Frank Bogert and urged the City Council to carefully listen to the public’s testimony.

The following individuals spoke in support of removing the Frank Bogert monument and/or issuing an apology for the City’s actions related to Section 14:
• Ben Patrick Johnson
• Steve Gire
• Evernal Black
• David Weiner
• Ubaldo Boido
• Ruth Debra
• Jarvis Crawford
• Benita Lynn Crawford
• Eatmon
• Randolph Faveau
• Leo Imperial
• Janel Hunt
• Deiter Crawford
• Shatawah
• Reshae Crawford
• Oron
• Pete Carroll
• Jody Diaz
• Shawnda Faveau
• Toya Thigpen
• Ginny Foat
• Margorie Holland
• Wayne Gilcrest
• Ameenah Fuller
• Juanita Garner
• Lauren Wolfer
• Mara Gladstone
• Lex Ortega
• Jenny Gil
• Cynthia Sessions
• Kathy Weremuik
• David Jax Kelly

Item 1B - 2
City Council Minutes September 29, 2021

City of Palm Springs Page 3
The following individuals spoke in opposition to the removal of the Frank Bogert monument:

• Carla Harrower
• Dawn Mills
• Tristan Milanovich
• Unnamed Person
• Doug Evans
• Stacy
• Sue Lefevre
• Stephen Dixon
• Mark Temple
• Barbara Beaty
• Renee Brown
• Dottie
• Tom Kieley
• Mark Bragg
• Carrie Allan
• Amado C. Salinas II
• Rick S.
• Kim McNulty
• Sharon Apfelbaum
• Tracy Conrad
• Robin Moore
• Kay Fitzgerald
• Patricia Saleh-Swaim
• Bernadine Naggs
• Robin Rodriguez
• David Christian
• Karen Evans
• Gary Gray
• Susan Smith
• Brittany Rauch
• Alexander Sine
• Brian Johnson
• Manuel Gonzales
• Frank Tyson
• Bobby Gray
• Susan Jacoy
• Jade Nelson

In response to City Council inquiries, City Attorney Ballinger summarized the process for removal of the Frank Bogert monument; clarified that the City Council has complied with the Brown Act and noticing requirements for tonight’s meeting; confirmed that the City Council is not being asked to adopt or accept the Human Rights Commission Report related to Frank Bogert.

Item 1B - 3
City Council Minutes September 29, 2021

City of Palm Springs Page 4
Following discussion, MOTION BY COUNCILMEMBER KORS, SECONDED BY COUNCILMEMBER GARNER, CARRIED 5-0, to:

1. Adopt Resolution No. 24957 entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APOLOGIZING FOR ITS ROLE IN THE DESTRUCTION OF SECTION 14,” as amended.

2. Commence the legal process for the removal of the Frank Bogert monument statue from City Hall.

3. Direct staff to develop economic investment proposals related to Section 14 reparations and return to City Council within two months.

Mayor Pro Tem Middleton requested that staff and a broad coalition of individuals in our community develop a respectful process and select a location for the Frank Bogert monument statue.

City Attorney Ballinger clarified that the legal process at a minimum includes staff analyzing the historical significance of the Frank Bogert monument statue in relation to the Palm Springs City Hall, which is a designated historical site, to be considered by the Historic Site Preservation Board for a determination on the Certificate of Appropriateness and possibly requesting City’s Public Arts Commission for a recommendation as they are charged with resolving issues related to public art removal.

CITY COUNCILMEMBER AND HUMAN RIGHTS COMMISSIONER COMMENTS:

None.

ADJOURNMENT:

The City Council adjourned at 10:05 p.m.

Respectfully submitted,

Anthony J. Mejia, MMC
City Clerk

APPROVED BY CITY COUNCIL: __/__/2022
Item 1B - 4

CITY COUNCIL STAFF REPORT
03/24/2022 1. C.

City Clerk -

SUBJECT
APPROVE THE 2022 AIR SERVICE INCENTIVE PROGRAM FOR PALM SPRINGS

INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve the new 2022 Air Service Incentive Program.1.

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2022 AIR SERVICE INCENTIVE PROGRAM FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT.”

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

Attachments
Item 1C

CITY COUNCIL STAFF REPORT

DATE: MARCH 24, 2022 CONSENT CALENDAR

SUBJECT: APPROVE THE 2022 AIR SERVICE INCENTIVE PROGRAM FOR PALM

SPRINGS INTERNATIONAL AIRPORT

FROM: Justin Clifton, City Manager

BY: Aviation Department

SUMMARY:

This action will consider approving a new Air Service Incentive Program for the Palm Springs International Airport that allows for waiver of certain airport fees and granting marketing funds for qualifying non-stop air service.

RECOMMENDATION:

1. Approve the new 2022 Air Service Incentive Program (Attachment A).

2. A DOPT RESOLUTION NO. ___ (Attachment B), “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2022 AIR SERVICE INCENTIVE PROGRAM FOR THE PALM SPRINGS INTERNATIONAL AIRPORT.”

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

BACKGROUND:

In 2010, the City established an Airline Marketing Incentive Program allocating $1,000,000 in promotional funding to qualifying new air service at the Palm Springs International Airport (“PSP” or “Airport”). As a result, from 2010 through 201 7, the City approved agreements with various carriers providing incentives valued at over $750,000 to reimburse those airlines for marketing programs related to their new air service to PSP. (No applications were received in 2018).

In November 2018, the Airport Commission recommended the City Council replace a cash reimbursement marketing-based incentive program with a fee -waiver program targeted to specific fees (landing fees and hold room fees) in an amount not to exceed Item 1C - 1
City Council Staff Report
March 24, 2022 – Page 2
PSP Air Service Incentive Program – 2022
$500,000 tied to new air service between PSP and specific destination cities. City Council adopted the 2019 Air Service Incentive Program (“Program”) at their meeting on February 6, 2019.

In December 2021, Airport Staff and the Airport Commission recommended the City Council increase the incentive cap for the 2019 Air Service Incentive Program , to accommodate an influx of applications for new service at that time, and a suspension of the program to allow Airport Staff to revise and propose a new program in early 2022.

City Council adopted the recommendation at their meeting on December 9, 2021.

On February 16, 2022, Airport Staff presented the 2022 Air Service Incentive Program to the Airport Commission, and the Commission voted to recommend the 2022 Air Service Incentive Program to the City Council for approval.

STAFF ANALYSIS:

Ai
rport Staff is now presenting the 2022 Air Service Incentive Program for the Palm Springs International Airport. This new program will replace the 2019 Air Service Incentive Program.

The 2019 program provided two lists of cities that would qualify for air service incentives:
a list of Target Cities and a list of Existing Cities, both receiv ing the same level of incentives, whether the route was served by multiple airlines or not. The result was that the program over-incentivized some routes and offered no incentives for unlisted potentially viable routes. Additionally, the program did not offer any marketing funds.

The proposed revised program offers marketing funds and fee waivers , consistent with current industry standards, with the potential to make PSP stand out among other airports. The proposed program contains seven levels of incentives based on frequency of service, type of service, and seasonality of the service that is being proposed, as well as a component to attract additional airlines to PSP. It includes marketing funds that will be earmarked specifically to advertise new service that meets the incentive criteria and fee waivers which include landing fees , terminal waivers (p assenger boarding bridge/apron/hold room use) and terminal space rent waivers.

The proposed program uses a tiered and progressive methodology, reserving the best incentives for daily, year-round service to a select list of target cities while providing less robust incentives as routes become saturated and for seasonal service.

The incentives for this new program are described as follows:

Item 1C - 2
City Council Staff Report
March 24, 2022 – Page 3
PSP Air Service Incentive Program – 2022

Item 1C - 3
Incentives
Option 1: Daily Year-Round Service
Target Airport
Marketing $50,000
Landing Fee 100% for 24
Waivers months
Terminal 100% for 24
Waivers months
Un-Served
Airport
$30,000
100% for 18
months
100% for 18
months
Existing
Airport
$15,000
50% for 12
months
N/A
Target Airport : Atlanta, Chicago , All Hawaii airports , Houston , New York City, Washington, D.C.

Un-Served Airport: Any airport without e xisting daily year-round non-stop service from PSP.

Existing Airport: Any airport with e xisting daily year-round non-stop service from PSP.

Stipulations: Not valid for airports within 150 nautical miles of PSP. Airline must operate one round trip flight five day s or more per week for 52 weeks per year. Service must be to a US domestic airport . Not valid for airlines with e xisting seasonal service on the route they're applying for.

Incentives
Option 2: Less-Than-Daily Year-Round Service
Marketing
Landing Fee
Waivers
Terminal
Waivers
Target Airport
$30,000
100% for 18
months
100% for 18
months
Un-Served
Airport
$20,000
100% for 12
months
100% for 12
months
Existing
Airport
$10,000
50% for 6
months
N/A
Target Airport: Atlanta , Chicago , All Hawaii airport s, Houston , New York City, Washington, D.C.

Un-Served Airport: Any airport without existing daily year-round non-stop service from PSP.

Existing Airport: Any airport with existing daily year-round non-stop service from PSP.

Stipulations: Not valid for airports within 150 nautical miles of PSP. Airline must operate one round trip flight at least two days per week for 52 weeks per year. Service must be to a US dome stic airport . Not valid for airlines with existing seasonal service on the route they're appl ying for.

City Council Staff Report
March 24, 2022 – Page 4
PSP Air Service Incentive Program – 2022

Item 1C - 4
Incentives
Option 4: Seasonal Service
Marketing
Landing Fee
Waivers
Un-Served
Airport
$15,000
100% for first
season
Existing
Airport
$10,000
50% for first
season
Un-Served Airport: Any airport without existing service from PSP.

Existing Airport: Any airport with existing service (seasonal or year-round) from PSP.

Stipulations : Not valid for airports within 150 nautical miles of PSP. Airline must operate one round trip flight at least two days per week for four months. Service must be to a US domestic airport.

Incentives
Option 5: International
Marketing
Landing Fee
Waivers
Terminal Waivers
Target Airport
$50,000
100% for 24
months
100% for 24
months
Existing Airport
$15,000
100% for 6 months
100% for 6 months
Target Airports: Any international airport without existing nonstop service from PSP.

Existing Airport: Any international airport with existing non-stop service from PSP.

Stipulations: Not valid for airports within 150 nautical miles of PSP. Airline must operate one round trip flight two days or more per week from PSP for five months . Not valid to an international airport that currently has two or more airlines offering that route.

Additional: PSP does not have e xisting FIS facilities . Flights must originate from an airport with US Preclearance . If an FIS facility is ever constructed at PSP, then flights can originate from any international airport. ....

City Council Staff Report
March 24, 2022 – Page 5
PSP Air Service Incentive Program – 2022

Item 1C - 5
Incentives
Option 6: Short-Haul Commuter Service
Marketing
Landing Fee
Waivers
Terminal
Waivers
Un-Served
Airport
$7,500
100% for 12
months
100% for 12
months
Existing
Airport
$2,500
N/A
N/A
Un-Served Airport: Any airport without existing nonstop service from PSP.

Existing Airport: Any airport with existing nonstop service from PSP.

Stipulations: Not valid for airports beyond 150 nautical miles of PSP. Airline must operate one round trip flight at least four days per week for 12 months.

Incentives
Option 7: New Entrant Airlines Only
Marketing
Terminal Space
Rent Waivers
Daily Year-Round
Service
$25,000
100% for 12
months
Less-Than-Daily &
Seasonal Service
$15,000
100% for 12
months
Daily Year-Round Service : The New Entrant Airline must operate at least one round trip flight a day five days per week.

Less-Than-Daily & Seasonal : The New Entrant Airline must operate at least one round trip flight a day two days per week .

Seasonal service must operate for four months .

Stipulations: Only available to airlines that have not served PSP in the 24 months preceding their service start date.

Marketing funds in this option are in addition to mar keting funds for specific routes provided in other option s in this program .

City Council Staff Report
March 24, 2022 – Page 6
PSP Air Service Incentive Program – 2022

This program also comes with stipulations that include a pro -rated repayment of marketing funds and fee waivers should an airline not complete the terms of the agreement. The previous program did not include an option for the Airport to recover funds if an airline did not meet the agreed upon terms for incentives.

Stipulations for the Marketing Funds are as follows:

1. Advertising incentive funds will be available to FAA Part 121 Signatory and Non- Signatory Airlines with a signed Airport Use and Lease Agreement.

2. All marketing funds and activities must exclusively promote the routes eligible under the program to/from PSP.

3. All marketing incentives are available from the date of service announcement until six months after service inception. 50% of available funds must be spent by launch date.

4. Incentives may be paid directly to the media outlet or reimbursed to the Air Carrier, should the C arrier want to utilize their existing agency relationships. The Airport will reimburse the Airline for these services, up to the allowable program funds, only if the Airline received prior written approval of the media buy from the Airport and only if the Airline produces a detailed invoice outlining the media purchase, their air dates, and a copy of the ads that ran. All qualified reimbursements must be submitted to the Airport for processing no later than 45 days after the expense is incurred. Any delayed reimbursement request in excess of 45 days is subject to a 10% reduction in reimbursable expenses. The Airport will also place ads on the Airline’s behalf if desired.

5. The PSP name or logo must be incorporated into all A irport-funded media purchases.

6. Marketing activities that may be supported under this agreement include, but are not limited to print advertising, collateral materials, direct mail and other forms of print marketing; multi -media advertising such as TV, radio, SEM, and interactive (web); and social media/digital advertising such as Facebook, Instagram, Twitter, etc.

7. All eligible funds must be spent in the PSP catchment area as defined by the Airport.

8. The Airport must approve in advance all advertising and promotional activities associated with the new service for which the A ir Carrier desires to receive the marketing incentive.

9. All advertising and marketing must comply with FAA regulations and guidelines for use of Airport revenue for such purpose.

10. The Air Carrier and Airport must agree in writing to a marketing strategy for the new service, that includes: the timeline of promotional activities; the medium that will be used, and the budget of the promotion.

Item 1C - 6
City Council Staff Report
March 24, 2022 – Page 7
PSP Air Service Incentive Program – 2022

11. Should the incentivized service be suspended prior to the expiration of the incentive period, the Air Carrier shall be responsible for pro- rated reimbursement of all marketing funds spent. The Airport/City of Palm Springs, at its sole discretion, may consider waiving repayment of marketing funds if, after operating the incentivized route(s) for a minimum of 6 months, the A ir Carrier can provide documented proof that the incentivized route(s) is/are not viable.

Stipulations for Incentive Fee Waivers are as follows:

1. Incentive Fee Waivers will be available to FAA Part 121 Signatory and Non- Signatory Airlines with a signed Airport Use and Lease Agreement, a written confirmation of the new service, and an executed Memorandum of Agreement for any incentives provided in this program.

2. The Airline will be eligible for incentives from the first day of service for up to 24 months depending on level of service as outlined in applicable incentive options.

At the conclusion of the incentive period, the Air Carrier will be invoiced, and must pay, the landing fees and terminal rentals according to the Airport’s published Schedule of Rates, Fees, and Charges as required by its Airport Use and Lease Agreement for the remainder of the contract term for each route.

3. Terminal Waivers in Options 1- 6 include Hold room/Parking fees. Airlines with a Signatory agreement will receive credits based on the signatory per -turn hold room/parking fee for the type of gate used (jet bridge vs. ground boarding) for the incentivized flights.

4. New Entrant Airlines may receive up to 12 months of full Terminal Space Rent waivers of leased space which includes Ticket Counter & Queue, Airline Ticket Office, and Baggage Service Office depending on level of service as outlined in Incentive Option 7. This does not include the Special Capital Project Fee, Signatory Joint Use Fees, or the Non-Signatory Terminal Fee.

5. Incentives apply only to new scheduled service that results in an increase in the number of total flights offered at PSP by the Air Carrier at the time the new service is announced. If an Air Carrier launches new service, it qualifies for incentives only on the new route, not on the existing service. An Airline may not reduce frequency to, or cancel, a market it currently serves from PSP in order to launch service to a new airport.

6. If the Air Carrier reduces frequency of service below the required number of flight operations outlined in this Program, or ceases service on the incentivized route, prior to providing PSP service for the time period outlined in this program, the Air Carrier shall forfeit its right to claim any additional incentives for that route offered through this Program starting on the date service is reduced. Reducing frequencies on the route during the incentive period to less than an agreed upon level will reduce the amount of the financial incentive and/or result in a proportionate reimbursement to the Airport/City of Palm Springs for dollars already spent. The Airline will also forfeit any future incentives on their route(s) for a period of 24 Item 1C - 7
City Council Staff Report
March 24, 2022 – Page 8
PSP Air Service Incentive Program – 2022

months if it chooses to fully cease service on the route(s). If the Airline exits the PSP market entirely it will forfeit any future incentives for 24 months starting on the first day after the Airline ceased operations at PSP.

7. At no time shall the Airport /City of Palm Springs provide a rebate to an A irline for participating in this Program.

8. Airports within 150 nautical miles of PSP are not eligible for incentive options 1-5.

Airports more than 150 nautical miles from PSP are not eligible for incentive option

6. 9. For the purpose of determining eligibility, affiliated airlines, joint venture partners and predecessor and successor airlines in an airline merger or acquisition shall be treated as a single carrier and will not be considered a new entrant to PSP. A regional carrier is eligible for the Program if it markets and sells its service independent of a branded carrier which currently offers service at PSP.

10. If an Air Carrier receives benefits under the Program and exits a route, or the PSP market, during the incentive period, the A ir Carrier shall repay the Airport/City of Palm Springs the total amount of all incentives previously taken for the qual ified route(s). Such repayment shall be the Airport’s sole compensation and remedy for the Air Carrier’s reduction, termination, or discontinuance of flights/routes prior to the expiration of the incentive period. The Airport/City of Palm Springs, at its s ole discretion, may consider waiving repayment of incentive benefits if, after operating the route(s) for a minimum of 6 months, the A ir Carrier can provide documented proof that the incentivized route(s) is/are not viable.

11. All conditions for receiving incentives will be documented in the Memorandum of Agreement between the A irline and the Airport/City of Palm Springs and are subject to approval by the appropriate City of Palm Springs officials. The Memorandum of Agreement must be signed within 60 days of the inaugural flight.

Any carrier that fails to comply shall forego all incentives in this program.

12. Once budgeted funds for this Air Service Incentive Program, marketing and waivers, have been expended for the fiscal year, the program shall be suspended until additional funds are approved. The Airport/City of Palm Springs has the right to amend, modify, alter, or cancel this Air Service Incentive Program at any time without notice. Funds budgeted for this program shall be determined annually during the City of Palm Springs annual budget process. Funding levels may vary year to year.

13. Daily service must operate at least five days per week, and less-than-daily service must operate at least two days per week. Once an A irline announces service on an unserved route it will be considered served and any subsequent announcements by other Airlines will fall under the existing Airport incentives.

Item 1C - 8
City Council Staff Report
March 24, 2022 – Page 9
PSP Air Service Incentive Program – 2022

Pending approval of this program, marketing fund incentives will become available on July 1, 2022 , due to current fiscal year budget constraints . However, limited marketing funds may be available starting March 1, 2022, and Staff intends for Incentive Fee Waivers to be available as of March 1, 2022. This program is planned to be in place from March 1, 2022, through December 31, 2025, unless it is extended, suspended , or canceled by the City Council.

FISCAL IMPACT:

Airport Fund 415 will forego the collection of revenue through incentive fee waivers, and it will provide marketing funds for qualified new air service. The amount of incentive waivers will not exceed $1,000,000 for the first fiscal year, and marketing incentive funds will not exceed $250,000 for the first fiscal year. The fiscal impact will be dependent upon the number of airlines that apply for the incentive program . During the City’s annual budget process, the amount for available waivers and marketing funds will be reviewed and provided to Council in the A irport’s budget for review and approval on an annual basis.

REVIEWED BY:

City Attorney: Mark Velasquez
Department Director: Harry Barrett Jr.

City Manager: Justin Clifton

ATTACHMENTS:

A. Memorandum of Agreement
B. Resolution Approving the 2022 Air Service Incentive Program Item 1C - 9

ATTACHMENT A
Item 1C - 10

PSP AIRPORT AIR SERVICE INCENTIVE AGREEMENT
THIS MEMORANDUM OF AGREEMENT (A____) , (“Agreement”) is made and entered into, to be effective this _____ day of _____________, 20___, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as “City”) and ______________________ ____, (Airline) organized and existing under the laws of the (state/province/country) of ___________________________________ (hereinafter referred to as “Airline”).

City and Airline are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. On ___________________, the City Council of the City has adopted the 2022 Air Service Incentive Program for the Palm Springs International Airport, (hereinafter the “Program”).

B. Pursuant to the Program, Airline has requested fee waivers and marketing funds for new qualifying service.

C. The Airline hereby agrees pursuant to this Agreement to participate in the Program.

D. The City hereby agrees pursuant to this Agreement to waive certain Airport fees for new qualifying 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
SECTION 1. Recitals. The foregoing Recitals are true, correct, and incorporated by this reference herein as material terms relied upon by the Parties in agreeing to and executing this Agreement.

SECTION 2. Understanding of the Parties. The City and the Airline, by their signatures to this Agreement, acknowledge that their agreement related to fee waivers in accordance with the Program is only applicable to new qualifying service as outlined in the Program.

It is understood that the Airline’s use of any fee waivers and/or marketing funds pursuant to the Program are solely at the discretion of the Airline with approval from the City. The Airline, at its sole discretion, will consider using the resulting fee waivers and marketing funds for the Airline’s promotional purposes associated with the Airline’s PSP specific air service to support the long-term success of the route(s). The Airline shall seek approval from the City before expending any Marketing Funds from this Program as outlined in the Item 1C - 11
Program. For the purposes of this Agreement, the amount of estimated fee waivers pursuant to the term of this Agreement for the applied route(s) is $_______________________, and the approved amount of marketing funds for the route(s) applied for are $___________________. The final amount of fee waivers shall vary and depend upon the fiscal year period formulation of each respective fee. Each period, as defined in the Incentive Options of the Program, of service will be evaluated for compliance under the terms of the Program. It is understood that the Airline will comply with all stipulations set forth in the Program, listed in this agreement as Attachment 1.

The air carrier must submit Attachment 2, the Monthly Airline Activity Report to [email protected] no later than the 10th of each month for the prior months service for the routes that qualify for the abatement incentive. Any failure by the Airline to submit t he Monthly Airline Activity Report may result in a forfeiture of incentives for the month the report was not submitted.

SECTION 3. Term. The term of this Agreement shall commence on _______________ and end on ________________, whereupon this Agreement shall automatically terminate and is not subject to extension. Route(s) and Incentive Option(s) Airline is/are applying for is/are to be listed in the below table. Please reference the 2022 Air Service Incentive Program in order to make appropriate selections.

Airline Incentive Request(s) Route 1 Route 2 Route 3
Route:

Incentive Option(s):

Date of First Flight:

End Date (if seasonal):

Aircraft Type(s):

Frequency:

Seasonality (Year-round, etc)

SECTION 4. Conflict of Interest. Airline acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Airline enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Airline warrants that Airline had not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

SECTION 5. Covenant Against Discriminat ion. In connection with its performance under this Agreement, Airline shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion color, sex, age, marital status, ancestry, national origin (i.e., p lace of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, Item 1C - 12

physical or mental disability, or medical condition (each a “prohibited basis”). Airline shall ensure that a pplicants 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, Airline certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Airline activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recr uitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Airline is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non -discrimination in city contracting.

SECTION 6. Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such party is duly organized and existing (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agre ement does not violate any provision of any other Agreement to which the Party is bound.

Item 1C - 13
IN WITNESS WHEREOF, the City and Airline have caused this Agreement to be executed the day and year first above written.

ATTEST: CONTENTS APPROVED:

CITY OF PALM SPRINGS, CA

By __________________________ By _______________________ Monique Lomeli Justin Clifton
Interim City Clerk City Manager

Date: ________________________ Date:_____________________

APPROVED AS TO FORM:

By __________________________
Jeff Ballinger
City Attorney

Date:_________________________

AIRLINE:

Name: __________________________________

By: _____________________________________

Title: ____________________________________

Address: ________________________________

________________________________

Item 1C - 14

ATTACHMENT B
Item 1C - 15
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING THE 20 22

AIR SERVICE INCENTIVE PROGRAM FOR THE PALM

SPRINGS INTERNATIONAL AIRPORT

WHEREAS, the City of Palm Springs, (“City”), relies on its touri sm economy which is dependent on airline service to the Palm Springs International Airport; and

WHEREAS, the City has recognized the need to incentivize airlines in different ways to market their service to promote airline travel to the City, and to impr ove airline service through expansion of service from the City to other additional cities throughout the country; and

WHEREAS, on January 20 , 1993, the City Council adopted Resolution No. 18019 establishing an Air Service Incentive Program for the summer of 1993, as a means of expanding air service in the summer mo nths when passenger activity is at its lowest ; and

WHEREAS, on March 20, 2002, the City Council adopted Resolution No. 20295 establishing an Air Service Development Summer 2002 Incentive Program , to allow for the rebate of certain airline landing fees as a means of incentivizing additional airline service in the summer months of 2002; and

WHEREAS, on January 2, 2003, the City Council adopted Resolution No. 20525 establishing an Air Service Incen tive Program, to allow for up to $25,000 to airlines initiating qualifying new service from the City; and

WHEREAS, on June 4, 2003, the City Council approved the Air Service Development 2004 Incentive Program to further enhance air service development act ivities with air carriers to increase routes served by the City; and

WHEREAS, in 2010 , the City established an Airline Marketing Incentive Program allocating $1,000,000 in promotional funding to qualifying new air service at the City; and

WHEREAS, the 2010 Airline Marketing Incentive Program was successfully utilized by the City from 2010 through 2016 with seven different airline carriers providing incentives valued at over $750,000 to reimburse the airlines for marketing programs related to their new air service to the City; and

WHEREAS, on November 14, 2018, the City’s Airport Commission reviewed and recommended approval of a modified Air Service Incentive Program that eliminates Item 1C - 16
Resolution No.

Page 2 ends

______________________________________________________________________ incentives to airlines for reimbursement of marketing expenditures in exch ange for waiver of certain Airport fees for qualifying new airline service to the City; and

WHEREAS, on December 9, 2021 , the City Council voted to increase the cap of the 2019 Air Serv ice Incentive P rogram by $3 53,000 to approve all existing ai r service applications, suspended the program and asked s taff to r esearch and develop a new program to promote and incentivize expanded and new airline service to the City.

WHEREAS, the City Council has reviewed and considered the benefits of its prior Ai r Service Incentive Programs and recognizes the need continue to promote and incentivize expanded and new airline service to the City with an updated program, and on _______________, 20__, considered and approved the 20 22 Air Service Incentive Program.

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

Section 1. The recitals above are found to be true and correct and constitute the findings of the City Council made in support of this resolution.

Section 2. The 2022 Air Service Incentive Program for the Palm Springs International Airport, attached hereto as Attachment “A”, and incorporat ed herein by reference, is hereby approved.

Section 3. The City Manager is hereby authorized to execute and approve a Memorandum of Agr eement with airlines providing waiver of certain Airport fees for qualifying new airline service in accordance with the 2022 Air Service Incentive Program, in an amount equivalent to the total amount of fee waivers and marke ting funds granted throug h the t erm of the Memorandum of Agreement . To the extent the total amount of any such fee waiver for an individual airline exceeds $25,000, the Cit y Manager is hereby authorized to approve the Memorandum of Agreement.

Section 4. The total cumulative amoun t of any fee waivers granted and/or marketing funds provided pursuant to the 20 22 Air Service Incentive Program shall be reviewed and determined on an annual basis during the City ’s budget process. The Executive Direct or of Aviation shall maintain a record of all fee waivers and marketing funds granted pursuant to any Memorandum of Agreement approved by the City Manager, and shall suspend the 20 22 Air Service Incentive Program at such time as the annual budgeted amount has been exceeded, unless subs equently extended by action of the City Council.

Item 1C - 17
Resolution No.

Page 3 ends

______________________________________________________________________ ADOPTED THIS ____ day of ________ 20__.

Justin Clifton
City Manager

ATTEST:

Monique Lomeli, Interim City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, MONIQUE LOMELI, Interim 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 Pal m Springs on__________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Monique Lomeli, Interim City Clerk
City of Palm Springs, California
Item 1C - 18

CITY COUNCIL STAFF REPORT
03/24/2022 1. D.

City Clerk -

SUBJECT
AUTHORIZE ISSUANCE OF A LETTER IN SUPPORT OF ASSEMBLY BILL 1814 –

TRANSPORTATION ELECTRIFICATION
RECOMMENDATION:

Attachments
Item 1D

CITY COUNCIL STAFF REPORT

DATE: MARCH 24, 2022 CONSENT CALENDAR

SUBJECT: AUTHORIZE ISSUANCE OF A LETTER IN SUPPORT OF A SSEMBLY BILL 1814 – TRANSPORTATION ELECTRIFICATION

FROM: Justin Clifton, City Manager

BY: Office of Sustainability

RECOMMENDATION:

BACKGROUND:

Over the last decade, more than 11 million investor -owned utility (IOU) customers have transitioned from IOU electric service to Community Choice Aggregators (CCAs), which are local government -owned utilities that purchase electricity on behalf of their communities. The City of Palm Springs is a member of a CCA, Desert Community Energy (DCE), and DCE became the default energy provider for all Palm Springs customers in 2020. Southern California Edison (SCE), an IOU, still distributes power to customers.

AB 1814, introduced by Assemblymember Tim Grayson (D -Concord), would authorize CCAs such as DCE to submit applications to the California Public Utilities Commission (CPUC) to receive funding to administer transportation electrification programs in their service area. Access to additional funding would allow CCAs to increase and expand their electric vehicle (EV) programs, which will benefit DCE customers in Palm Springs and will help meet the State’s and City’s EV adoption goals. A letter of support will improve the chances that this important legislation will pass.

While the CP UC authorizes IOUs such as SCE to file applications to receive ratepayer funds for their transportation electrification programs, CCAs are not explicitly authorized to access these funds, despite CCA customers also paying into those funds. In some past years, IOUs have proposed more than $2 billion in funding for transportation electrification Item 1D - 1
City Council Staff Report
March 24, 2022 – Page 2
Letter of Support for AB 1814

programs, and the CPUC has approved at least $1 billion of that. Local communities and CCAs have little ability to tailor EV infrastructure and programs that are run through the IOUs, particularly for traditionally under-represented areas.

AB 1814 would explicitly authorize CCAs to file applications for programs and investments to accelerate widespread transportation electrification. To submit these applications, CCAs would have to meet the same requirements that IOUs are currently required to meet for program administration and oversight. This is how some CCAs participate in the CPUC’s energy efficiency programs. Access to these funds would allow CCAs to provide communities such as Palm Springs with expanded EV charging programs and pilots that complement the current options. The full text of the bill is available at the following link:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1814 .

CVAG’s Executive Committee , chaired by Councilmember Holstege, adopted at its February 28 meeting CVAG’s 2022 Federal and State Legislative Platform, which supports policies, programs, and funding for electric vehicle charging infrastructure and increased use of electric vehicles in the region. The CVAG platform also supports increased investments of the state GHG reduction funds toward transportation projects to reduce transportation related GHG emissions.

FISCAL ANALYSIS:

There is no fiscal impact to the City as a result of issuing this letter.

REVIEWED BY:

Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton

ATTACHMENTS:

A. Support letter for AB 1814.

B. AB 1814 Fact Sheet.

Item 1D - 2

ATTACHMENT A
Item 1D - 3

March 24, 2022

The Honorable Assemblymember Eduardo Garcia
Chair, Assembly Utilities and Energy Committee
State Capitol, Room 8120
Sacramento, CA 95814

Re: AB 1814 (Grayson) – SUPPORT

Dear Chair Garcia,

The City of Palm Springs is pleased to submit a letter of support for AB 1814, which would allow Community Choice Aggregators (CCAs) the option to become program administrators for the California Public Utilities Commission’s (CPUC) Transportation Electrification Program.

Over the last ten years, millions of utility customers have transitioned from investor-owned utilities (IOUs) to CCAs. The City of Palm Springs is a proud member of Desert Community Energy (DCE), and most of DCE’s customers are receiving 100% carbon-free power. Our city has made a commitment to reducing our carbon footprint and offering a choice in electricity service providers for the first time to our residents and businesses and is working together with DCE to address the climate crisis.

Transportation electrification is a vital component of California’s greenhouse gas (GHG) reduction strategy, as well as a key environmental priority for Palm Springs. The state GHG reduction goals are consistent with goals and objectives previously adopted by the Palm Springs City Council, including promoting opportunities that benefit energy consumers, expanding use of electric vehicles, reducing GHG emissions, increasing renewable energy usage, and advancing climate action and resilience.

Today, all customers pay into the programs administered by the CPUC, but only IOUs can access those funds to support their programs. Importantly, under AB 1814 CCAs would have to apply for the funds in the same manner that IOUs do. DCE supports AB 1814 because it would correct this funding inequity, allow DCE customers to fully benefit from the programs their monthly bills support, and thus ensure ratepayer fairness for CCA communities such as Palm Springs.

That is why we strongly support this bill and thank you for moving forward with this important legislation.

If you have questions, or wish to discuss our position, please do not hesitate to contact Geoff Kors, Palm Springs City Council Member, at [email protected] .

Item 1D - 4

Sincerely,

cc: The Honorable Assemblymember Timothy Grayson
The Honorable Members of the Assembly Committee on Utilities and Energy Senator Melissa Melendez
Assemblymember Chad Mayes

Item 1D - 5

ATTACHMENT B

Item 1D - 6

ASSEMBLYMEMBER TIM GRAYSON
AB 1814
Transportation Electrification Funds: Community Choice Aggregators Summary:

AB 1814 would authorize Community Choice
Aggregators (CCAs) to submit applications to the
California Public Utilities Commission (CPUC) to
receive funding to administer transportation
electrification programs in their service areas.

Background:

California has held lofty initiatives of meeting
stringent air quality and climate change targets. A
major component in meeting these targets are the
state’s transportation objectives to achieve five million zero-emission vehicles (ZEVs) on the road by 20301
and 250,000 electric vehicle charging stations by
20252. These are essential because the transportation
sector contributes a large percentage of nitrogen
emissions, diesel particulate matter, and statewide
greenhouse gas (GHG) emissions.

The CPUC plays a critical role in achieving these
emission targets. Under their authority to regulate
Investor-Owned Utilities (IOUs), they are directing
strategic investments for transportation electrification projects, designing electricity rates, adopting vehicle- grid integration policy and pilot programs, and
conducting program evaluation and interagency
coordination to ensure strategically coordinated ZEVs
investments.3

Alternative to IOUs, CCAs are local government
entities that supply energy needs for their
communities, offering an alternative and tailored
choice in the market and serve over 11 million
customers in more than 200 cities and counties. CCAs
can provide the communities that they serve with
competitively priced, clean energy choices while
reinvesting revenues into projects and programs,
supporting the local economy, such as offering
complementary programs such as EV charging and
battery storage.

1 https://www.ca.gov/archive/gov39/2018/01/26/governor-brown-takes- action-to-increase-zero-emission-vehicles-fund-new-climate- investments/index.html
2 https://www.ca.gov/archive/gov39/2012/03/23/news17472/index.html Problem:

The California Energy Commission (CEC) has
assessed California’s electric vehicle charging
infrastructure rollout and determined that the state will be almost 1 million chargers short of what will be
required to support the state’s 2035 EV adoption goals.

While CPUC authorizes IOUs to file applications to
receive ratepayer funded transportation electrification program funding, CCAs are not explicitly authorized
in existing law to access these funds, despite CCA
customers also paying into these same funds. As a
result, local leaders have little ability to tailor electric vehicle infrastructure and programs to serve residents
and businesses, particularly in traditionally
underrepresented areas.

Solution:

AB 1814 would explicitly authorize CCAs to file
applications for programs and investments to
accelerate widespread transportation electrification. In order to submit these applications, CCAs would be
regulated to meet all of the same requirements that
IOUs are currently required to meet.

In order to meet the state’s EV adoption goals, CCAs
must also be included in the solution. CCAs should be
given the opportunity to apply for funding through
CPUC for transportation electrification projects as a
means of potentially addressing energy needs as
identified by specific communities. By creating parity
within IOUs and CCAs, the state may be able to meet
our GHG emission reduction goals in the
transportation sector.

Support:

California Community Choice Association
(Sponsor)

Staff Contact:

Samantha Yturralde
[email protected]
(916) 319-2014
3 https://www.cpuc.ca.gov/industries-and-topics/electrical- energy/infrastructure/transportation-electrification
Item 1D - 7

CITY COUNCIL STAFF REPORT
03/24/2022 1. E.

City Clerk -

SUBJECT

AWARD A CONSTRUCTION CONTRACT TO A PLUS ROOFING AND
CONSTRUCTION, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $200,000 FOR THE CITY YARD ROOF REPLACEMENT, CITY PROJECT NO. 19-19 RECOMMENDATION:

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

Attachments
Item 1E

CITY COUNCIL STAFF REPORT

DATE: March 24, 2022 CONSENT CALENDAR

SUBJECT: A WARD A CONSTRUCTION CONTRACT TO A PLUS ROOFING AND CONSTRUCTION, INC., A CALIFORNIA CORPORATION, IN THE
AMOUNT OF $ 200,000 FOR THE CITY YARD ROOF REPLACEMENT , CITY PROJECT NO. 19-19

FROM: Justin Clifton, City Manager

BY: Engineering Division

SUMMARY:

Award of this contract will allow the City to proceed with the replacement of the existing roofing materials at the Palm Springs Facilities and Maintenance building located at 425 N. Civic Drive.

RECOMMENDATION:

1. Award a construction contract to A Plus Roofing and Construction, Inc., a California corporation, in the amount of $2 00,000 for the City Yard Roof Replacement , City Project No. 19-19 (“the Project”); and

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form for A Plus Roofing and Construction, Inc. is included as Attachment A.

BACKGROUND:

The Palm Springs Facilities and Maintenance building located at 425 N. Civic Drive requires replacement of the existing roofing materials. The building regularly experiences water leaks during rain events, and it is necessary to replace the roofing in order to protect the integrity of the structure.

STAFF ANALYSIS:

On December 10, 2021, Staff advertised the Project to plan rooms and through the procurement program PlanetBids™, to allow the submission of bids electronically. On Item 1E - 1
City Council Staff Report
March 24, 2022 -- Page 2
Award City Project 19-19 – City Yard Roof Replacement
December 15 and December 22, 2021, Staff advertised the Project for bids in The Desert Sun. The contract documents were provided free of charge to prospective bidders.

On February 2, 2022, the Engineering Division received seven bids from the following contractors:

Company Location Bid Amount
A Plus Roofing and Construction, Inc. San Diego, CA $200,000 Al Miller & Sons Roofing, Inc. Cathedral City, CA $257,490 A. Preman Roofing, Inc. San Diego CA $ 337,000
Rite-Way Roof Corporation Fontana, CA $368,407
Best Contracting Services, Inc. Gardena, CA $ 427,110 Chapman Coast Roof Co., Inc. Fullerton, CA $444,648
Comm. Waterproofing Systems, Inc. Santa Ana, CA $ 460,000 A Plus Roofing and Construction, Inc. submitted the lowest responsive, responsible bid in the amount of $2 00,000. Staff is requesting an additional $50,000 as contingency to cover any incidental construction related items that may occur. The engineer’s estimate for the Project was $195,000.

Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code (“PSMC”), “Local Business Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub- contract services to businesses whose work force resides within the Coachella Valley. A Plus Roofing and Construction, Inc. is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to l ocal businesses.

Bid Protest
On February 9, 2022, the second low bidder (Al Miller & Sons Roofing, Inc.), submitted a Bid Protest requesting that the bid submitted by A Plus Roofing and Construction, Inc., be found non- responsive. The basis for this request was that the low bidder was not a certified installer for the roofing materials indicated in the project specifications. This protest was determined by the City Engineer, City Attorney and City Manager to be without merit as the City only indicated the use of specific or proprietary materials in order to establish the type, function and quality of the products required. Al Miller & Sons Roofing, Inc. was notified of this determination in writing in accordance with the applicable Municipal Code regarding bid protests.

Bid Analysis
Staff reviewed all bid documents submitted by the apparent low bidder and determined that A Plus Roofing and Construction, Inc. complies with the instructions to bidders and has submitted the lowest responsive and responsible bid. Staff recommends that the City Council approve the bid submitted by A Plus Roofing and Construction, Inc.

Item 1E - 2
City Council Staff Report
March 24, 2022 -- Page 3
Award City Project 19-19 – City Yard Roof Replacement

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the City Yard Roof Replacement, City Project No. 19-19, is considered categorically exempt from CEQA.

FISCAL IMPACT:

Allocate $250,000 from the Capital Projects Fund 261-80000 to the project.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton

ATTACHMENT:

A. Public Integrity Disclosure Form.

Item 1E - 3

Attachment A
Item 1E - 4

CITY YARD ROOF REPLACEMENT
CITY PROJECT NO. 19-19
JANUARY 2022

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State

If other than California, is the Entity also registered in California? ☐ Yes ☐ No

5. Type of Entity

☐ Corporation ☐ Limited Liability Company ☐ Partnership ☐ Trust ☐ Other (please specify)

☐ Officer ☐ Director ☐ Member ☐ Manager
☐ General Partner ☐ Limited Partner

☐ Other

☐ Officer ☐ Director ☐ Member ☐ Manager
☐ General Partner ☐ Limited Partner

☐ Other

☐ Officer ☐ Director ☐ Member ☐ Manager
☐ General Partner ☐ Limited Partner

☐ Other

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

A Plus Roofing and Construction Inc.
2173 Froude Street, San Diego, CA 92107
California
Martina Doyer
David E. Doyer
Jose A. Doyer
Document Ref: YFVO7-HQBTY-7CRDU-HFJJ7 Page 1 of 3
Item 1E - 5

CITY YARD ROOF REPLACEMENT
CITY PROJECT NO. 19-19
JANUARY 2022

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE:

Jane Doe

[name of owner/investor]

50%, ABC Company, Inc.

[percentage of beneficial interest in entity and
name of entity]
A.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
B.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
C.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
D.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
E.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

Martina Doyer 46% of A Plus Roofing & Construction Inc.

David E. Doyer 44% of A Plus Roofing & Construction Inc.

Jose A. Doyer 10% of A Plus Roofing & Construction Inc. 2022-03-08Office Manager
Document Ref: YFVO7-HQBTY-7CRDU-HFJJ7 Page 2 of 3
Item 1E - 6

CITY YARD ROOF REPLACEMENT
CITY PROJECT NO. 19-19
JANUARY 2022

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)

Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City ’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s i nterest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.

When Must I File?
You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. (We are collecting this with the bid proposals)

What Must I Disclose?

1. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Notes:
(1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity.

Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed on an additional, separate form.

2. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.

USE ADDITIONAL PAGES AS NECESSARY

What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Document Ref: YFVO7-HQBTY-7CRDU-HFJJ7 Page 3 of 3
Item 1E - 7
Signature Certificate
Reference number: YFVO7-HQBTY-7CRDU-HFJJ7
Document completed by all parties on:
08 Mar 2022 19:04:08 UTC

Page 1 of 1 ends

Signer Timestamp Signature
Vanessa Doyer
Email: [email protected]
Shared via link
Sent: 08 Mar 2022 19:04:08 UTC
Signed: 08 Mar 2022 19:04:08 UTC
IP address: 23.114.203.163
Location: San Diego, United States
Signed with PandaDoc
PandaDoc is a document workflow and certified eSignature solution trusted by 30,000+ companies worldwide.

Item 1E - 8

CITY COUNCIL STAFF REPORT
03/24/2022 1. F.

City Clerk -

SUBJECT

STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 2022
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of February 1 through February 28, 2022.

Attachments
Item 1F

CITY COUNCIL STAFF REPORT

DATE: March 24, 2022 CONSENT CALENDAR

SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FO R THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 2022

FROM: Justin Clifton, City Manager

BY: Office of the City Clerk
Procurement Department

RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of February 1 through February 28, 2022.

AGREEMENTS

NUMBER

VENDOR

DESCRIPTION

DEPARTMENT
A9029 WISE

EDUCATION

TECHNOLOGY

A CONTRACT AMENDING THE

WORKFORCE AND BUSINESS

DEVELOPMENT FOR THE CANNABIS

EQUITY PROGRAM

SPECIAL

PROGRAM

COMPLIANCE
A9045 NATIONAL
PUBLIC
SAFETY
GROUP

A CONTRACT FOR PROFESSIONAL

CONSULTING SERVICES

REGARDING PUBLIC SAFETY

HARDWARE, SOFTWARE AND

RELATED SYSTEMS
INFO

TECHNOLOGY
A9054 KANOSKI

PAINTING

A CONTRACT FOR PROFFESIONAL

CONSTRUCTION RELATED PAINTING
SERVICES.

AVIATION

DEPARTMENT
A9058 AVIATRIX

COMMUNICATI
ONS

A CONTRACT FOR THE

DEVELOPMENT OF A CRISIS

COMMUNICATION PLAN FOR THE

PALM SPRINGS INTERNATIONAL
AIRPORT.

AVIATION

DEPARTMENT
Item 1F - 1
City Council Staff Report
March 24, 2022 – Page 2
Staff Authorized Contracts & Purchase Orders

PURCHASE ORDERS

NUMBER

VENDOR

DESCRIPTION

AMOUNT

DEPARTMENT

22000924

FISHER

SCIENTIFIC
CO LLC

POLICE PUBLIC

SAFETY VESTS

$257.83

POLICE

DEPARTMENT

22000928 WAXIE

SANITARY
SUPPLY

FLOOR MACHINE

MAINTENANCE AND
REPAIR
$258.63 RECREATION

DEPARTMENT

22000926 WAXIE

SANITARY
SUPPLY

FLOOR MACHINE

REPAIRS
$268.21 RECREATION

DEPARTMENT

22000953 OFFICE
DEPOT

MISCELLANEOUS
SERVICES, NO. 1 (NOT

OTHERWISE CLASS
$455.52 AVIATION

DEPARTMENT

22000954 DELL

MARKETING
LP

DOCKING STATIONS
FOR PSP | TK 23673
$568.10 INFO

TECHNOLOGY

22000918 IT1 SOURCE
LLC

ADOBE CREATIVE

CLOUD LICENSE
$638.11 INFO

TECHNOLOGY

22000898 RLP

UNIFORM
INC.

OPS UNIFORMS $1,118.02 AVIATION

DEPARTMENT

22000910 DELL

MARKETING
LP
OPTIPLEX 7490 AIO $1,179.45 INFO

TECHNOLOGY

22000942 OFFICE
DEPOT

DC OPS OFFICE

STORAGE CABINET
$1,264.46 FIRE

DEPARTMENT

22000891 THE

EXECUTIVE

CORPORATIO
N

TRANS PRIDE

PROMOTIONAL ITEMS
$1,837.96 POLICE

DEPARTMENT

22000896

REFRIGERATI

ON SUPPLIES

DISTRIBUTOR
600 LB. 120 VAC

MODULATING

ACTUATOR (SUNRISE
PLANT
$1,961.93 FACILITIES

MAINTENENCE

22000956 MARVINS

AUTO PAINT
INC.

PAINT REPAIR. POLICE
UNIT 201118
$2,100.00 FLEET

OPERATIONS

22000947 UNITED

RENTALS NA
INC
EQUIPMENT RENTAL $2,243.31 AVIATION

DEPARTMENT

22000906 BLUEBEAM
INC

BLUEBEAM STUDIO

PRIME RENEWAL
$2,340.00 INFO

TECHNOLOGY

Item 1F - 2
City Council Staff Report
March 24, 2022 – Page 3
Staff Authorized Contracts & Purchase Orders

22000959 ACE

PRINTING

PRINTING AND MAILING

SERVICE
$2,365.00 CITY MANAGER/
ADMIN

22000955 MARVINS

AUTO PAINT
INC.

COLLISON REPAIR FOR
POLICE UNIT 201118
$2,454.81 FLEET

OPERATIONS
22000897 PRECISION
SURVEY
SUPPLY

PORTABLE NOMAD

SCENE LIGHT
$2,494.98 POLICE

DEPARTMENT

22000913 L N CURTIS

AND SONS
SWAT HELMET LIGHTS $2,514.06 POLICE

DEPARTMENT

22000941 ALLSTAR FIRE

EQUIPMENT
INC

FIRST AID AND SAFETY

EQUIPMENT AND

SUPPLIES, EXCEP
$2,838.01 FIRE

DEPARTMENT
22000939 REFRIGERATI

ON SUPPLIES

DISTRIBUTOR

COMPRESSOR FIRE
STATION 4
$3,196.01 FACILITIES

MAINTENENCE

22000951 STOP STICK
LTD
STOP STICK KITS $3,547.15 POLICE

DEPARTMENT

22000957 HORIZON

LIGHTING INC

PROVIDE POWER TO

TEMPORARY OFFICE

TRAILER
$3,924.92 FACILITIES

MAINTENENCE

22000938 KAMAN

INDUSTRIAL

TECHNOLOGI
ES

AIRPORT BHS REPAIR
PARTS
$3,961.92 AVIATION

DEPARTMENT

22000948 ESCOBEDO

ENTERPRISE
S

SECURITY (SACS)
MAINT
$4,316.52 AVIATION

DEPARTMENT

22000893 MDS

ASSOCIATES
INC

MEDICAL SUPPLIES -

CRITICAL RESPONSE
GLOVES
$4,379.72 FIRE

DEPARTMENT

22000904 R R

JANITORIAL

SERVICE
JANITORIAL SERVICE $4,384.59 FACILITIES

MAINTENENCE

22000909 TOPS N

BARRICADES
INC

TRAFFIC CONTROL

DEVICES FOR TOUR-

DE-PALM SPRINGS
$4,430.00 STREETS

MAINTENANCE

22000899 WAXIE

SANITARY
SUPPLY
JANITORIAL SUPPLIES $4,709.59 AVIATION

DEPARTMENT

22000936 WAXIE

SANITARY
SUPPLY
JANITORIAL SUPPLIES $4,770.60 AVIATION

DEPARTMENT

Item 1F - 3
City Council Staff Report
March 24, 2022 – Page 4
Staff Authorized Contracts & Purchase Orders

22000920 KNOWBE4
INC
KNOWBE4 PHISHING

PROGRAM AND

TRAINING
$4,999.98 INFO

TECHNOLOGY

22000894 WILLDAN

FINANCIAL

SERVICES

ARBITRAGE REBATE

SERVICES
$5,000.00 FINANCE

DEPARTMENT

22000945 HORIZON

LIGHTING INC

REPLACE AND REPAIR

INOPERABLE EXIT

SIGNS (PLAZA)
$5,141.66 FACILITIES

MAINTENENCE

22000960 CHRIS W

FOSTER INC
AIRPORT REPAIRS $6,220.00 AVIATION

DEPARTMENT

22000915 L N CURTIS

AND SONS
SWAT HELMETS $6,828.78 POLICE

DEPARTMENT

22000914

AIRGAS USA
LLC

WELDER/GENERATOR

$7,160.21

AVIATION

DEPARTMENT
22000919 RICOCHET

MANUFACTU
RING CO.

INC.

PPE - EMS JACKETS

FOR FIRE PERSONNEL
$7,453.57 FIRE

DEPARTMENT

22000935 BURRTEC

ENVIRONMEN
TAL

JOJDHUC MONTHLY

RENTAL PORTABLE

RESTROOMS
$8,068.08 RECREATION

DEPARTMENT

22000937

JAMES

KANOSKI

AIRPORT PAINTING

PROJECT

$9,880.00

AVIATION

DEPARTMENT

22000943 SOUTHWEST

PLUMBING
INC

SEWER PIPE

REPLACEMENT
$9,925.00 FACILITIES

MAINTENENCE

22000944 SYDNEY

WEISMAN

COMMUNICATIONS

AND MEDIA RELATED

SERVICES
$10,000.00 CITY MANAGER

22000923 IT1 SOURCE
LLC

KACE SYSTEMS

MANAGEMENT ANNUAL

RENEWAL
$10,147.03 INFO

TECHNOLOGY

22000940 CHRIS W

FOSTER INC

REPAIR OF AWNING AT

PAVILION
$10,501.00 FACILITIES

MAINTENANCE

22000921 COMPRESSED
AIR

SPECIALTIES
INC

SCBA BLAST CHAMBER

UPGRADE
$11,517.59 FIRE

DEPARTMENT

22000949 TRAVELSCAP

E LLC /

EXPEDIA INC

CONSULTING

SERVICES
$15,000.00 AVIATION

DEPARTMENT

Item 1F - 4
City Council Staff Report
March 24, 2022 – Page 5
Staff Authorized Contracts & Purchase Orders

22000946 THE LAMAR

COMPANIES

CONSULTING

SERVICES
$16,500.00 AVIATION

DEPARTMENT

22000950 UTILITY
CRANE

EQUIPMENT

MAINTENANCE AND

REPAIR SERVICES FOR
AUTO
$17,829.64 FLEET

OPERATIONS

22000911 VEOLIA
WATER
NORTH

AMERICA OS
INC
CP 21-11, WWTP BLOCK

WALL CM SERVICES
$19,608.00 ENGINEERING -

PUBLIC WORKS

22000925 PALM

SPRINGS

CONVENTION
CENTER

RENTAL OF SPACE AND

EQUIPMENT FOR ARMY

CONCERT
$19,708.00 RECREATION

DEPARTMENT

22000934 CORE

COMPLIANCE
LLC
GRANT

ADMINISTRATION FOR

CANNABIS EQUITY

PROGRAM
$21,000.00 SPECIAL

PROGRAMS

COMPLIANCE

22000916 NV5 INC CP 19-14, DEMUTH CC

EGRESS & HVAC

IMPROVEMENTS
$23,456.00 ENGINEERING -

PUBLIC WORKS

22000900 JNS NEXT COMMUNICATIONS,

MARKETING AND

SOCIAL MEDIA

SERVICE
$30,000.00 CITY MANAGER

22000901 WESTBOUND

COMMUNICA

TIONS INC

COMMUNICATIONS,

MARKETING AND

SOCIAL MEDIA

SERVICE
$30,000.00 CITY MANAGER

22000885 AERO

SYSTEMS

ENGINEERIN
G INC
CP 21-31, AIRPORT

PARKING SURVEYING &

STRIPING
$33,705.00 ENGINEERING -

PUBLIC WORKS

22000905 WISE

EDUCATION

TECHNOLOGY,
INC

WORKFORCE AND

BUSINESS

DEVELOPMENT-

CANNABIS EQUITY
$34,995.00 SPECIAL

PROGRAMS

COMPLIANCE

22000917 CDW

GOVERNMENT
INC

NETMOTION SUPPORT
RENEWAL 3/3/2022 -
3/2/2025
$38,725.00 INFO

TECHNOLOGY

22000927 UNIVERSAL

CONSTRUCTIO
N AND

ENGINEERING
CP 21-33, AIRPORT

STORMWATER

CONCRETE

IMPROVEMENTS
$39,610.00 ENGINEERING -

PUBLIC WORKS

22000887 ABBE

ASSOCIATES
LLC

CONSULTING

SERVICES
$75,000.00 SUSTAINABILITY

Item 1F - 5
City Council Staff Report
March 24, 2022 – Page 6
Staff Authorized Contracts & Purchase Orders

STAFF ANALYSIS:

The City’s policies and procedures provide t he Ci ty Manager and designated staff authority to enter into agreements and purchase orders which are $7 5,000 or less, and certain other amendments and change orders as previously approved by the City Council. P alm Springs Municipal Code §7.02.030(k) requi res a monthly report be submitted to the City Council.

The original contract document s are on file in the Office of the City Clerk and purchase orders are on file in the Procurement Division.

REVIEWED BY:

Department Director: Monique Lomeli
City Manager:

22000952 RECREATE
WASTE

COLLABORAT

IVE LLC

CONSULTING

SERVICES
$75,000.00 SUSTAINABILITY

22000958 NATIONAL
PUBLIC
SAFETY

GROUP LLC
SOMA CONSULTANT $75,000.00 INFO

TECHNOLOGY

Item 1F - 6

CITY COUNCIL STAFF REPORT
DATE: March 24, 2022 CONSENT CALENDAR
SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 2022
FROM: Justin Clifton, City Manager
BY: Office of the City Clerk
Procurement Department
RECOMMENDATION:

Rec
eive and file the report of Staff Authorized Agreements and Purchase Orders for the period of February 1 through February 28, 2022.

AGREEMENTS

NUMBER VENDOR DESCRIPTION DEPARTMENT
A9029 WISE

EDUCATION

TECHNOLOGY

A CONTRACT AMENDING THE

WORKFORCE AND BUSINESS

DEVELOPMENT FOR THE CANNABIS

EQUITY PROGRAM

SPECIAL

PROGRAM

COMPLIANCE
A9045 NATIONAL
PUBLIC
SAFETY
GROUP

A CONTRACT FOR PROFESSIONAL

CONSULTING SERVICES

REGARDING PUBLIC SAFETY

HARDWARE, SOFTWARE AND

RELATED SYSTEMS
INFO

TECHNOLOGY
A9054 KANOSKI

PAINTING

A CONTRACT FOR PROFFESIONAL

CONSTRUCTION RELATED PAINTING
SERVICES.

AVIATION

DEPARTMENT
A9058 AVIATRIX

COMMUNICATI
ONS

A CONTRACT FOR THE

DEVELOPMENT OF A CRISIS

COMMUNICATION PLAN FOR THE

PALM SPRINGS INTERNATIONAL
AIRPORT.

AVIATION

DEPARTMENT
Item 1F - 7
City Council Staff Report
March 24, 2022 – Page 2
Staff Authorized Contracts & Purchase Orders

PURCHASE ORDERS

NUMBER

VENDOR

DESCRIPTION

AMOUNT

DEPARTMENT

22000924

FISHER

SCIENTIFIC
CO LLC

POLICE PUBLIC

SAFETY VESTS

$257.83

POLICE

DEPARTMENT

22000928 WAXIE

SANITARY
SUPPLY

FLOOR MACHINE

MAINTENANCE AND
REPAIR
$258.63 RECREATION

DEPARTMENT

22000926 WAXIE

SANITARY
SUPPLY

FLOOR MACHINE

REPAIRS
$268.21 RECREATION

DEPARTMENT

22000953 OFFICE
DEPOT

MISCELLANEOUS
SERVICES, NO. 1 (NOT

OTHERWISE CLASS
$455.52 AVIATION

DEPARTMENT

22000954 DELL

MARKETING
LP

DOCKING STATIONS
FOR PSP | TK 23673
$568.10 INFO

TECHNOLOGY

22000918 IT1 SOURCE
LLC

ADOBE CREATIVE

CLOUD LICENSE
$638.11 INFO

TECHNOLOGY

22000898 RLP

UNIFORM
INC.

OPS UNIFORMS $1,118.02 AVIATION

DEPARTMENT

22000910 DELL

MARKETING
LP
OPTIPLEX 7490 AIO $1,179.45 INFO

TECHNOLOGY

22000942 OFFICE
DEPOT

DC OPS OFFICE

STORAGE CABINET
$1,264.46 FIRE

DEPARTMENT

22000891 THE

EXECUTIVE

CORPORATIO
N

TRANS PRIDE

PROMOTIONAL ITEMS
$1,837.96 POLICE

DEPARTMENT

22000896

REFRIGERATI

ON SUPPLIES

DISTRIBUTOR
600 LB. 120 VAC

MODULATING

ACTUATOR (SUNRISE
PLANT
$1,961.93 FACILITIES

MAINTENENCE

22000956 MARVINS

AUTO PAINT
INC.

PAINT REPAIR. POLICE
UNIT 201118
$2,100.00 FLEET

OPERATIONS

22000947 UNITED

RENTALS NA
INC
EQUIPMENT RENTAL $2,243.31 AVIATION

DEPARTMENT

22000906 BLUEBEAM
INC

BLUEBEAM STUDIO

PRIME RENEWAL
$2,340.00 INFO

TECHNOLOGY

Item 1F - 8
City Council Staff Report
March 24, 2022 – Page 3
Staff Authorized Contracts & Purchase Orders

22000959 ACE

PRINTING

PRINTING AND MAILING

SERVICE
$2,365.00 CITY MANAGER/
ADMIN

22000955 MARVINS

AUTO PAINT
INC.

COLLISON REPAIR FOR
POLICE UNIT 201118
$2,454.81 FLEET

OPERATIONS
22000897 PRECISION
SURVEY
SUPPLY

PORTABLE NOMAD

SCENE LIGHT
$2,494.98 POLICE

DEPARTMENT

22000913 L N CURTIS

AND SONS
SWAT HELMET LIGHTS $2,514.06 POLICE

DEPARTMENT

22000941 ALLSTAR FIRE

EQUIPMENT
INC

FIRST AID AND SAFETY

EQUIPMENT AND

SUPPLIES, EXCEP
$2,838.01 FIRE

DEPARTMENT
22000939 REFRIGERATI

ON SUPPLIES

DISTRIBUTOR

COMPRESSOR FIRE
STATION 4
$3,196.01 FACILITIES

MAINTENENCE

22000951 STOP STICK
LTD
STOP STICK KITS $3,547.15 POLICE

DEPARTMENT

22000957 HORIZON

LIGHTING INC

PROVIDE POWER TO

TEMPORARY OFFICE

TRAILER
$3,924.92 FACILITIES

MAINTENENCE

22000938 KAMAN

INDUSTRIAL

TECHNOLOGI
ES

AIRPORT BHS REPAIR
PARTS
$3,961.92 AVIATION

DEPARTMENT

22000948 ESCOBEDO

ENTERPRISE
S

SECURITY (SACS)
MAINT
$4,316.52 AVIATION

DEPARTMENT

22000893 MDS

ASSOCIATES
INC

MEDICAL SUPPLIES -

CRITICAL RESPONSE
GLOVES
$4,379.72 FIRE

DEPARTMENT

22000904 R R

JANITORIAL

SERVICE
JANITORIAL SERVICE $4,384.59 FACILITIES

MAINTENENCE

22000909 TOPS N

BARRICADES
INC

TRAFFIC CONTROL

DEVICES FOR TOUR-

DE-PALM SPRINGS
$4,430.00 STREETS

MAINTENANCE

22000899 WAXIE

SANITARY
SUPPLY
JANITORIAL SUPPLIES $4,709.59 AVIATION

DEPARTMENT

22000936 WAXIE

SANITARY
SUPPLY
JANITORIAL SUPPLIES $4,770.60 AVIATION

DEPARTMENT

Item 1F - 9
City Council Staff Report
March 24, 2022 – Page 4
Staff Authorized Contracts & Purchase Orders

22000920 KNOWBE4
INC
KNOWBE4 PHISHING

PROGRAM AND

TRAINING
$4,999.98 INFO

TECHNOLOGY

22000894 WILLDAN

FINANCIAL

SERVICES

ARBITRAGE REBATE

SERVICES
$5,000.00 FINANCE

DEPARTMENT

22000945 HORIZON

LIGHTING INC

REPLACE AND REPAIR

INOPERABLE EXIT

SIGNS (PLAZA)
$5,141.66 FACILITIES

MAINTENENCE

22000960 CHRIS W

FOSTER INC
AIRPORT REPAIRS $6,220.00 AVIATION

DEPARTMENT

22000915 L N CURTIS

AND SONS
SWAT HELMETS $6,828.78 POLICE

DEPARTMENT

22000914

AIRGAS USA
LLC

WELDER/GENERATOR

$7,160.21

AVIATION

DEPARTMENT
22000919 RICOCHET

MANUFACTU
RING CO.

INC.

PPE - EMS JACKETS

FOR FIRE PERSONNEL
$7,453.57 FIRE

DEPARTMENT

22000935 BURRTEC

ENVIRONMEN
TAL

JOJDHUC MONTHLY

RENTAL PORTABLE

RESTROOMS
$8,068.08 RECREATION

DEPARTMENT

22000937

JAMES

KANOSKI

AIRPORT PAINTING

PROJECT

$9,880.00

AVIATION

DEPARTMENT

22000943 SOUTHWEST

PLUMBING
INC

SEWER PIPE

REPLACEMENT
$9,925.00 FACILITIES

MAINTENENCE

22000944 SYDNEY

WEISMAN

COMMUNICATIONS

AND MEDIA RELATED

SERVICES
$10,000.00 CITY MANAGER

22000923 IT1 SOURCE
LLC

KACE SYSTEMS

MANAGEMENT ANNUAL

RENEWAL
$10,147.03 INFO

TECHNOLOGY

22000940 CHRIS W

FOSTER INC

REPAIR OF AWNING AT

PAVILION
$10,501.00 FACILITIES

MAINTENANCE

22000921 COMPRESSED
AIR

SPECIALTIES
INC

SCBA BLAST CHAMBER

UPGRADE
$11,517.59 FIRE

DEPARTMENT

22000949 TRAVELSCAP

E LLC /

EXPEDIA INC

CONSULTING

SERVICES
$15,000.00 AVIATION

DEPARTMENT

Item 1F - 10
City Council Staff Report
March 24, 2022 – Page 5
Staff Authorized Contracts & Purchase Orders

22000946 THE LAMAR

COMPANIES

CONSULTING

SERVICES
$16,500.00 AVIATION

DEPARTMENT

22000950 UTILITY
CRANE

EQUIPMENT

MAINTENANCE AND

REPAIR SERVICES FOR
AUTO
$17,829.64 FLEET

OPERATIONS

22000911 VEOLIA
WATER
NORTH

AMERICA OS
INC
CP 21-11, WWTP BLOCK

WALL CM SERVICES
$19,608.00 ENGINEERING -

PUBLIC WORKS

22000925 PALM

SPRINGS

CONVENTION
CENTER

RENTAL OF SPACE AND

EQUIPMENT FOR ARMY

CONCERT
$19,708.00 RECREATION

DEPARTMENT

22000934 CORE

COMPLIANCE
LLC
GRANT

ADMINISTRATION FOR

CANNABIS EQUITY

PROGRAM
$21,000.00 SPECIAL

PROGRAMS

COMPLIANCE

22000916 NV5 INC CP 19-14, DEMUTH CC

EGRESS & HVAC

IMPROVEMENTS
$23,456.00 ENGINEERING -

PUBLIC WORKS

22000900 JNS NEXT COMMUNICATIONS,

MARKETING AND

SOCIAL MEDIA

SERVICE
$30,000.00 CITY MANAGER

22000901 WESTBOUND

COMMUNICA

TIONS INC

COMMUNICATIONS,

MARKETING AND

SOCIAL MEDIA

SERVICE
$30,000.00 CITY MANAGER

22000885 AERO

SYSTEMS

ENGINEERIN
G INC
CP 21-31, AIRPORT

PARKING SURVEYING &

STRIPING
$33,705.00 ENGINEERING -

PUBLIC WORKS

22000905 WISE

EDUCATION

TECHNOLOGY,
INC

WORKFORCE AND

BUSINESS

DEVELOPMENT-

CANNABIS EQUITY
$34,995.00 SPECIAL

PROGRAMS

COMPLIANCE

22000917 CDW

GOVERNMENT
INC

NETMOTION SUPPORT
RENEWAL 3/3/2022 -
3/2/2025
$38,725.00 INFO

TECHNOLOGY

22000927 UNIVERSAL

CONSTRUCTIO
N AND

ENGINEERING
CP 21-33, AIRPORT

STORMWATER

CONCRETE

IMPROVEMENTS
$39,610.00 ENGINEERING -

PUBLIC WORKS

22000887 ABBE

ASSOCIATES
LLC

CONSULTING

SERVICES
$75,000.00 SUSTAINABILITY

Item 1F - 11
City Council Staff Report
March 24, 2022 – Page 6
Staff Authorized Contracts & Purchase Orders

STAFF ANALYSIS:

The City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are $7 5,000 or less, and certain other amendments and change orders as previously approved by the City Council.

Palm Springs Municipal Code §7.02.030(k) requires a monthly report be submitted to the City Council.

The original contract documents are on file in the Office of the City Clerk and purchase orders are on file in the Procurement Division.

REVIEWED BY:

Department Director: Monique Lomeli
City Manager: Justin Clifton

22000952 RECREATE
WASTE

COLLABORAT

IVE LLC

CONSULTING

SERVICES
$75,000.00 SUSTAINABILITY

22000958 NATIONAL
PUBLIC
SAFETY

GROUP LLC
SOMA CONSULTANT $75,000.00 INFO

TECHNOLOGY

Item 1F - 12

CITY COUNCIL STAFF REPORT
03/24/2022 1. G.

City Clerk -

SUBJECT

APPROVAL OF CONTRACT SERVICES AGREEMENT WITH GOVOS TO

PROVIDE SHORT-TERM RENTAL COMPLIANCE SERVICES
RECOMMENDATION:

Approve a contract services agreement with GovOS to provide short-term rental compliance services in an amount not to exceed $90,000 annually, for a period of three and one-half years.

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

Attachments
Item 1G

CITY COUNCIL STAFF REPORT
DAT
E: March 24, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF CONTRACT SERVICES AGREEMENT WITH GOVOS TO

PROVIDE SHORT-TERM RENTAL COMPLIANCE SERVICES
FROM: Justin Clifton, City Manager
BY: Department of Special Program Compliance
SUMMARY:

Aw
ard of this contract to GovOS will streamline the City’s current short-term vacation rental administrative and compliance processes. The Department of Special Program Compliance (Department) administers the Vacation Rental P rogram consisting of over 2,000 registered vacation rentals.

RECOMMENDATION:

1. Appr
ove a contract services agreement with GovOS to provide short -term rental compliance services in an amount not to exceed $90,000 annually, for a period of three and one-half years.

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

BUSINESS PRINCIPAL DISCLOSURE:

Ac
cording to the California Secretary of State, GovOS, Inc. is a Delaware Corporation registered in the State of California whose corporate officers are Michael Crosno as CEO, George Williams as CFO and George Doehner as Secretary. A copy of the Public Integrity Disclosure Form is included as Attachment 2.

BACKGROUND:

As
of January 31, 2022, t he City of Palm Spring s’ total vacation rental registrants was 2,317, including homesharing registrants. Each registrant annually applies for a Vacation Rental Registration Certificate with the Department of Special Programs and remits monthly Transient Occupancy Tax to the Finance Department. On average t he Department processes 193 applications monthly , receiving all applications by paper submission and recording each application on multiple spreadsheets. Depending on Item 1G - 1
City Council Staff Report
March 24, 2022 -- Page 2
Short-Term Vacation Rental Compliance Services
volume, processing times for a Vacation Rental Registration Certificate can vary between 30, 45, 60 or 90 days.

Each owner, or the owner’s agent, is responsible for submitting a Contract Summary prior to each short-term vacation rental occupancy. Currently, the Department provides a web platform that allows submission of a Contract Summary online. This web form has limitations and is subject to data entry errors, limiting the effectiveness of data received.

When the Vacation Rental Compliance Department was created in late 2016 and early 2017, there were five employees: two Compliance Officials, two Account Technicians II, and a Senior Account Technician. With the creation of the Department, the Vacation Rental Compliance Department merged with adult -use related cannabis administration and compliance, and managed parking. Today, there are six employees: a Director, an Executive Program Administrator, two Account Technicians II, a Senior Account Technician, and an Administrative Secretary. As each of these programs has their own respective demands, additional technological support is needed to maintain and streamline vacation rental administration.

The City of Palm Springs presently has a contract services agreement with Central Communications Corporation to provide a 24/7 v acation rental compliance call center , which will expire March 29, 2022. T he contract with GovOS will provide a 24/7 hotline service.

STAFF ANALYSIS:

On N
ovember 24, 2021, City of Palm Springs posted a Request for Proposals (RFP) for Short Term Compliance Services. Eight prospective bidders registered for the RFP and two companies submitted proposals by the deadline of December 21, 2021.

Company Location
Deck
ard Technologies San Diego, CA
GovOS Dallas, Tx
An evaluation committee consisting of staff from the Department of Special Program Compliance and Palm Springs Police Department’s Code Compliance Division evaluated the proposals. In consideration of qualifications, experience and cost proposals, the evaluation committee selected GovOS, Inc. as the highest ranked company.

GovOS, Inc. has over 10 years of experience providing government solutions with registration, compliance, tax collection and property i dentification. GovOS referenced local clients, Cities of Indio and L a Quinta, and provided references from the Cit ies of Oceanside and Huntington Beach, and Deschutes County, Oregon.

The Contractor will provide online services for registration, reporting and payment for new Item 1G - 2
City Council Staff Report
March 24, 2022 -- Page 3
Short-Term Vacation Rental Compliance Services

and renewal applications, related documents, Contract Summary submissions, and Transient Occupancy Tax remittance pursuant to the Palm Springs Municipal Code.

The Contractor will also provide a 24-h our bilingual call service hotline for residents to report nuisances at registered vacation rental properties.

FISCAL IMPACT:

The annual contract cost proposal from GovOS is not to exceed $90,000 annually, over the three years and six-month term. Sufficient funding is budgeted in Special Program’s Contractual Services Account 1001045-40105. Vacation Rental Certificate fees received for FY20/21 were $1,901,294 and forecasted to be $2,005,000 for FY21/22, and offset costs associated with the contract.

REVIEWED BY:

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

ATTACHMENTS:

A. Contractual Services Agreement with GovOS
B. Business Disclosure
Item 1G - 3
CONTRACT SERVICES AGREEMENT A#___________
SHORT TERM RENTAL COMPLIANCE SERVICES WITH GovOS, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on _____________, 20__, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and GovOS, a Texas Corporation, (“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 contractor to provide Short Term Rental Compliance Services, (“Service”).

B. Contractor has submitted to City a proposal to provid e Short Term Rental Compliance Services, to 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.

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

Item 1G - 4

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 Services 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 performed 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 schedule 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 Party 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 with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $90,000 per year over the term of the contract.

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 City’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 Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

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 set 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 Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Item 1G - 5
Contractor notifies the Contract O fficer 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 a nd unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” include s 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 Services 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 Parties 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 three years and six months, 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 cause, upon thirty (30) days written notice to Contractor. Where 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 Services 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 termination 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 corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Contractor . The following principal of Contractor is designated as being the prin cipal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Kevin Lafeber , President. 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 the term of this Agreement for directing all acti vities of Contractor and devoting sufficient time to personally supervise the Services 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 Contra ct Officer shall be the City Manager or his/her designee ("Contract Officer") . Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall Item 1G - 6
refer any decisions that must be made by City to the Contract 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 principals 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 Services 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 stipulated 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 its 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 employees 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. Contractor 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’ compensation 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 following personnel 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 personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Rob Piskorowski Enterprise Account Executive
Haleigh Lyon CPA Director of Product
Alyssa Arnold Conversion and Customer Success Lead
Kyra Fosnot Director of Support
Orion Olin Account Manager

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., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable Item 1G - 7
“public works” or “maintenance” 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, installa tion, or repair, Contractor agrees to fully comply with such Prevailing Wage 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 the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevaili ng wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll 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 subcon tractors 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 res ponsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall 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 the 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, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses incl uding legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death 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 req uirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agr eement until all actions against the Indemnified Parties for such matters indemnified 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, indemnify, 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 exte nt required by Civil Code section 2782.8, which is fully Item 1G - 8
incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims 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 Services 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 pertainin g in any way to t his Agreement.

Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract 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, specifications, 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 documents 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.

8.4 Release of Documents . All drawings, specifications, reports, records, 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 of reasonable notice and during the regular business hours 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, documents, 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 s uch 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. This Agreement shall be construed and interpreted 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 this Agreement shall be instituted in the Superior Court 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 shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The Item 1G - 9
terms of this Agreement are contractual and the result of negotiation between the Parties.

Accordingly, any rule of construction of contracts (inc luding, 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 Waiver. No delay or omission in the exercise of any 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 unnecessary 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 Remedies 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 Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different tim es, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addition to any other rights or remedies, either Party 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 event 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 fi nancial 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 performance under this Agreement, Contractor shall not discriminate a gainst 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, cultural or linguistic characteristics, or ethnicity), 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 Item 1G - 10
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 limitation 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 other Party or any other person shall be in 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: GovOS, Inc.

Attention: Kevin Lafeber - President
8301 N. Capital of Texas Hwy
Austin, TX 78731

11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, 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 shall be 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, clauses, 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, n or shall this Item 1G - 11
Agreement be construed as conferring, any rights, including, without limitation, any rights 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 acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The persons executing this Agreement on behalf of the Parties 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 signe d in counterparts, each of which shall constitute an original.

[SIGNATURES ON NEXT PAGE]

Item 1G - 12

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND GovOS, Inc.

IN WITNESS WHEREOF, the Parties 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.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _____________________________ Jeffrey S. Ballinger, Anthony Mejia,
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 1G - 13

EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1G - 14

1.1 Scope:

The Contractor will be required to perform the following tasks:

A. The Contractor will provide online services for registration, reporting and payment for new applications, renewals, additional related permits, Contract Summary submissions (section 4.2 C. of this scope and Transient Occupancy Tax (TOT) remittance pursuant to the City of Palm Springs Municipal Code. This includes invoicing of all Vacation Rental related fees and communicating receipts and collection to the City in a timely manner. The Contractor shall provide for each Registered Vacation Rental a profile wh ere all information is available and specific records are obtainable and or able to be submitted.

B. The Contractor will provide a 24 -hr bilingual call service hotline (call center) for residents to report nuisances at Registered Vacation Rental properties, report unregistered Vacation Rental Properties or for general questions regarding

1. Vacation Rentals. Ability to take calls 24 hours a day, 7 days a week (including holidays).

2. Each call will be recorded, logged, and directed to assigned City of Palm Sprin gs staff.

3. Assign each call its own unique sequential log number.

4. Follow a script (provided by City) and any options if applicable, as a call progresses onto next steps.

5. For each call, time is of the essence and must be communicated within 5 – minutes of each call. Each call with details will be logged with the following information and communicated by phone and email to the City’s designee. a. Date
b. Time
c. Unique call identifier
d. Type of call
i. Music, Loud Occupants, Parking, Trash, Unregistered Rental, other ii. Non-Active nuisance: General Questions, information e. Reporting Party Name
f. Reporting Party Telephone Number
g. Reporting Party Address
h. Vacation Rental Address reported (the City will provide a weekly list of Vacation Rental Properties)
i. Complaint details
j. Note if the reporting party allows access to their property k. Note if the reporting party wants a call back
l. Local Contact Name and phone number (provided by the City) m. Allowed over-night guest limits (provided by the City) n. Is the property suspended (provided by the City)
Item 1G - 15
o. Resolution (to be provided by a City Designee either by phone, email or if applicable, portal, after the call has been received and a disposition made)

6. The Call Center shall cross reference if the address called on is a registered vacation rental and provide the Local Contact Information , Local Contact Phone Number , Occupancy Limit and number of bedrooms to the on-duty Compliance Officer.

7. The City shall provide the Call Center an updated list of Vacation Rental properties weekly.

8. In the event that the on-duty Compliance Officer does not respond, the Center shall call up to 3 additional Palm Springs Compliance Officers (contact information to be provided by City).

9. The Call Center shall call the primary on-duty Compliance Officer 3 times every 3 minutes. If no response after the 3rd attempt ; follow the same procedure for next 3 Compliance Officers, until a response is received.

10. The Contractor shall quickly update contact information from City and maintain contacts on a distribution list.

11. The Resolution note space for each call shall not be less than 150 characters.

12. Call Center shall send via email to the City daily (following morning) and weekly (Monday mornings) recaps in either Excel or CSV format. The Column Headers that the City requires for the Weekly Recap are provided below in Section 4.3.

13. The City of Palm Springs strives to provide its citizens and visitors with excellent customer service. The City requires that the Call Center Agents also provide excellent, professional, and courteous customer service to all callers. Any complaints received by the City about Call Center Agents shall be promptly communicated to the Call Center Management by the City for immediate attention by the Call Center.

14. Call Center system must automatically notify all incoming callers that their call will be recorded for quality assurance purposes . If not , Call Center agents will be required to disclose this to each caller upon answering the Call Center system shall record the time/date stamp of all outbound calls to City Code Compliance Officers

15. Call Center agents may not deviate from the call protocol (script) as established by the City and may not offer opinions or advice on call resolution. Only City of Palm Springs Code Compliance Officers or Vac ation Rental Compliance Department Management have authority to provide complaint resolution.

16. Call Center shall be able to receive and answer up to 4 incoming calls at the same time and answer each call within 3 rings.

C. The Contractor will provide a system, processes and database for Contract Summary submissions by our Vacation Rental operators. Records shall be maintained for duration of contract and provided full history of record if at a point contract is ended.

System needs to have ability to receive over 1,000 records a day and the ability to support over 100,000 records and more. The Contract Summary submittal form must be web-based and accessible for operators to access real time to submit forms from a variety of platforms such as desktops, tablets or phone. The Contract Submittal form shall collect data as described below and assign each a unique identifier. Each Submittal must have a process for cancellation or amending. Each record submitted shall provide a summary to person submitting and be available for review by staff and be available on a operator’s profile.

Item 1G - 16

1. City ID

2. VR Property Address (to be auto filled by data supplied by City, when City ID is entered)

3. VR property owner

4. Arrival and Departure date

5. Contract year

6. Contract number for the year (would like this to be sequentially auto assigned based on past entries and cancellations)

7. Number of guests occupying property

8. Responsible Guest occupying property

9. Representative submitting Contract Submittal form

10. Email address

11. Transient Occupancy Tax Number (TOT)
D. Pursue compliance with unregistered short-term Vacation Rental properties by using the Vendors professionalism and experience by identifying such properties, gathering evidence and communicating to the City by report of findings.

E. Provide educational services and customer support services related to the Vacation Rental Program.

F. Ability to generate Ad-Hoc reports as requested by staff G. Ability to complete compliance audits of Registered Vacation Rental properties.

H. Ability to generate daily, weekly and monthly reports with key analytical information.

I. Ability to assist with dispute resolution
J. Effective communication with the City regarding concerns, issues or trends related to the Vacation Rental Program.

1.2 Reports/Retention/Subcontracting
A. Reports to be Issued:

1. Daily and weekly summaries of calls to the call service hotline, in excel, with logged data, with each data component in different columns:
a. Call#
b. Date
c. Time
d. Caller ID
e. Call Type
f. Caller Name
g. Caller Phone Number
h. Caller Address
i. Violation Address
j. Violation Street
Item 1G - 17
k. Address in Director
l. Suspended?
m. Complaint
n. Property Access Granted?
o. Call Back needed?
p. On Call Name
q. Time On Call check in w/Resolution
r. Resolution

2. This report can be emailed. Email list will be provided.

3. Weekly report of unregistered activity found with appropriate evidence.

4. Monthly Transient Occupancy Tax reports detailed by each Registered Property. a. Summary Reports
i. Detail by Tax Number or Registration (CITY) ID
b. Revenue Reports
i. Detail by Tax number or Registration (CITY) ID
c. Zero return reports

5. Monthly Contract Summary Reports detailed by each Registered Property.

B. Retention and Access to documents: All working documents, call logs, call recordings and reports must be retained, at the vendors expense, for a minimum of four years after the contract has ended, unless the vendor is notified in writing by the City of Palm Springs of the need to extend the retention period.

C. Subcontracting: No additional subcontracting with the exception of subcontracting agreed to before the award of the contract will be allowed without the expr ess prior written consent by the City of Palm Springs.

D. Technology: The Contractor will work with the city to integrate the Contractor’s software with the City’s newly implemented Energov and Munis software programs.

1.3 Schedule:

Work will begin upon issuanc e of a Notice to Proceed and continue for a period of 42 months.

1.4 Compensation:

Work will be compensated on a monthly basis at the charges set forth in the contract pricing schedule for the various contract tasks. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly of work completed for the previous month. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1G - 18

Item 1G - 19
ITEM
1 2
3 4
5 6
ATTACHMENT "E"

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 07-22)

SHORT TERM RENTAL COMPLIANCE SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOT with Electronic File #1, Technical/Work Proposal*) DESCRIPTION Unit of Measure TOTAL
Short Term Vacation Rental Detection,
Monitoring and Compliance Monthly $2,000
Complaint Hotline Monthly $250
Automated Online Business License and
Payment System Monthly $2,625
Integrated Notification and Delinquency Monthly $0
System Includ ed with STR Detection,
Monilorina and Comoia nc e
Automated Online TOT Remittance and
Reporting System Monthly $2,625
System, processes and database for $0 Contract Summary submissions by Vacation Monthly Inc luded with Online Bu~ness Rental operators Lic ense and Payment System Total $7,500
Certified by: Kevin Lafeber
Firm Name: GovOS Inc.

Signature of Authorized Person: _ ... ~_.__c_v._,«J_/4 __ ~ __ ,:,2._ _________ _ Printed Name: Kevin Lafeber
Title: President
Date: February 10. 2021
EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 1G - 20

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to pr operty resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement , including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance . The minimum amount of insurance requir ed under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollar s $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and i ts respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after Item 1G - 21
completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. "This insurance is primary and non -contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. "Should any of the above-described policies be canceled before the expiration date thereof, the issui ng company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance Item 1G - 22
underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elec ted officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insureds) . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1G - 23

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No

5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other F iduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity
________________________ Officer Director Member Manager [ n a m e ] General Partner Limited Partner
Other ___________________________
_______________________________ Officer Director Member Manager [ n a m e ] General Partner Limited Partner
Other __________________________
________________________________ Officer Director Member Manager [ n a m e ] General Partner Limited Partner
Other __________________________
GovOS, Inc.
8301 N. Capital of Texas Hwy Austin, TX 78731
X
X
X
X
Type text here
Michael Crosno X
Jonathan Mohn
George Williams
Item 1G - 24

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B .
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest i n entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title

Date

Kofile Software Intermediate Holdings, L.P. 100%
December
Kevin Lafeber, President
ture of Disclosing P
n Lafeber President
17, 2021
Item 1G - 25

CITY COUNCIL STAFF REPORT
03/24/2022 1. H.

City Clerk -

SUBJECT

REQUEST BY RONALD DUPUIS, OWNER, FOR APPROVAL OF A MILLS ACT

HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A WEXLER STEEL HOME, A CLASS 1 HISTORIC SITE LOCATED AT 290 SIMMS ROAD (APN #505-031-012), (HSPB #43)
RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Ronald Dupuis.

1. Authorize the City Manager to execute the Agreement.2.

Direct the City Clerk to record the Agreement with the County of Riverside.3.

Attachments
Item 1H

CITY COUNCIL STAFF REPORT

DATE: MARCH 24, 2022 CONSENT CALENDAR

SUBJECT: REQUEST BY RONALD DUPUIS, OWNER, FOR APPROVAL OF A MILLS

ACT HISTORIC PROPERTY PRE SERVATION AGREEMENT FOR A
WEXLER STEEL HOME, A CLASS 1 HISTORIC SITE LOCATED AT 290 SIMMS ROAD (APN #505-031-012), (HSPB #43)

FROM: Justin Clifton, City Manager

BY: Department of Planning Services

SUMMARY:

This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with Ronald Dupuis. The intent of this contract is to require maintenance and preservation of this Class 1 historic site in exchange for possible property tax relief as determined by the Riverside County Tax Assessor.

RECOMMENDATION:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Ronald Dupuis;

2. Authorize the City Manager to execute the Agreement; and

3. Direct the City Clerk to record the Agreement with the County of Riverside.

STAFF ANALYSIS:

On May 2, 2001, the City Council designated the property located at 290 Simms Road also known as “A Wexler Steel Home ” (HSPB # 43), a Class One Historic Site via Resolution No. 20036.

Pursuant to California Government Code Sections 50280 – 50290, upon the application of an owner of any qualified historic property, the legislative body of a city may contract with the owner or agent to restrict the use of the property to carry out the purposes and goals of historic preservation of the property. Such a contract is commonly referred to as a “Mills Act Agreement” and it provides for possible alternative property tax rate calculations in exchange for specific and ongoing preservation and maintenance of t he property, specifically its historically significant elements and characteristics.

Item 1H - 1
City Council Staff Report
March 24, 2022 – Page 2
Mills Act Agreement – 290 Simms Road

BELOW IS AN AERIAL VIEW OF 290 SIMMS ROAD

Pursuant to California Government Code Section 50280.1, a “qualified historical property” means a privately-owned property which is not exempt from property taxation and is listed in any state, city, or county official register of historical or architecturally significant sites, places, or landmarks. “A Wexler Steel Home” meets this definition because it is listed in the City of Palm Springs register of Class 1 historic sites as site HSPB #43.

FISCAL IMPACT:

Approval of this Mills Act contract may result in a decrease in the property tax collected for the subject property.

REVIEWED BY:

Department Assistant Director David Newell
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton

ATTACHMENTS:

A. Vicinity Map.

B. City Council Resolution No.20036 May 2, 2001.

C. Owner Letter.

Item 1H - 2
Attachment A
Item 1H - 3

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
290 Simms Road
HSPB 43

Item 1H - 4
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Attachment B

Item 1H - 5
Item 1H - 6
RESOLUTION 20036

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, DESIGNATING THE SEVEN DONALD WEXLER
DESIGNED STEEL HOMES LOCATEDAT290SIMMS ROAD, 3100
SUNNYVIEW DRIVE, 3125 SUNNYVIEW DRIVE, 3133SUNNYVIEW
DRIVE, 3165 SUNNYVIEW DRIVE, 300 EAST MOLINO ROAD,AND
330 EAST MOLINO ROAD, AS A CLASS 1 HISTORIC SITE.

WHEREAS, in the early 1960's, U.S. Steel commissioned architect Donald Wexler to work with Berard Perlin of Calcor Manufacturing to develop an allMsteel homei system; and WHEREAS, the Wexler designed Steel Homes were designed by architect Donald Wexler in 1961 as model homes in a collaborative effort with U.S. Steel to demonstrate the use of light gauge steel in the construction of single family residences; and
WHEREAS, U.S. Steel, interested in researching and developing new outlets for its product, supported a number of housing projects; and
WHEREAS, these homes, built by the George Alexander Company, were meant to demonstrate how, in contrast to traditional materials, new materials, including steel, were less expensive, safer, and lasted longer; and
I
WHEREAS, upon completion of the seven model homes, Calcor sold to Rheem eta I who increased I the cost of steel causing the price of steel to no longer be competitive with wood; and WHEREAS, the defining characteristics of these homes are the roof features, fenestration, materials, the stone walls, carports, and color; and
WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites; and
WHEREAS, on May 2, 2001, the City Council conducted a public hearing and accordance with applicable law to consider designatior.i of the seven Wexler Steel Houses as a Class 1 historic site; and
WHEREAS, the designation of the seven Wexler Steel Houses shall further the purposes and intent of Chapter 8.05; and
WHEREAS, the designation of the seven Wexler Steel Houses shall promote the sensitive preservation of said site.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California as follows:

I
Item 1H - 7
I
I
I
Resolution 20036
Resolution: Wexler Steel Houses
May 2, 2001

Page 2 ends

Section 1. The seven Wexler Steel Houses located at 290 Simms Road, 3100 Sunnyview Drive, 3125 Sunnyview Drive, 3133 Sunnyview Drive, 3165 Sunnyview Drive, 300 East Molino Road, and 330 East Molino Road, are designated as a Class 1 Historic Site pursuant to Chapter 8.05 of the Palm Springs Municipal Code.

Section 2. No permit for the alteration to the roof design shall be issued as the roof design is considered a defining characteristic of the homes.

Section 3. No permit for the alteration of fenestration shall be issued as the fenestration is considered a defining characteristic of the homes.

Section 4: Exterior walls and roof must be of a steel material and no permit for a substitute material or for the application of another material over the steel wall or roof shall be issued as the steel material is considered to be a defining characteristic of the homes.

Section 5: No permit may be issued to alter the green stone wall that still exists at, 3133 Sunnyview Drlve, 3165 Sunnyview Drive, 300 East Molino, and 330 East Molino, nor to alter the brown stone wall at 3100 Sunnyview Drive.

Section 6: No permit may be issued to alter the existing carports recognizing that altered carports at 300 East Molino Road, 3133 Sunnyview Drive, and 290 Simms Road are encouraged to be brought back to the original appearance.

Section 7: The Historic Site Preservation Board in coordination with the architect Donald Wexler and the homeowners is directed to establish an acceptable color palate and all future painting shall be consistent with the approved palate.

Section 8: All existing alterations are considered acceptable noting that restoration is encouraged but not required.

Section 9: To allow for public viewing of the structures, a public view corridor of 25 percent is encouraged but not required.

Section 10: The property owner shall permit the City to demark the Wexler Steel Homes as an historic site with a plaque of the City's choosing.

Section 11: This resolution, and the historic designation put in place by it, shall not affect title to the property.
,,
•
Item 1H - 8
Resolution 20036
Resolution: Wexler Steel Houses
May 2, 2001

Page 3 ends

Section 12: The City Council hereby directs the City Clerk to submit this resolution to the County recorder for recordation within 90 days of the effectiv,s date of this resolution.

ADOPTED this _2-n_d __ day of May I 2001
AYES:

NOES:

ABSENT:

Members Hodges,. Jones:, Reller-Spurgin and Ma.yor pro tem Oden None
Member Kleindienst
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City Clerk CityMa'nagi;i?,
REVIEWED AND APPROVED AS TO FORM: ___.t-~-41'--__________ _ ✓
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Attachment C

Item 1H - 9
Item 1H - 10
January 25, 2022
Ken Lyon, RA
Principal City Planner
Historic Preservation Officer
Department of Planning Services
City of Palm Springs, California
3200 Tahqu itz Canyon Way
Palm Springs, California 92263
Hi Ken,
This letter requests a Mills Act Contract associated with my property having the civic address, 290 E Simms Road, Palm Springs, CA 92262.

The written legal description of the property is as follows.

LOT 1 OF TRACT NO. 2085 OF RIVIERA GARDENS, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY THE MAP ON FILE IN BOOK 41, PAGE SO OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

Assessor Parcel Number 501-031-012.

Here is a list of capita l improvements to the house anticipated or planned over the next 5-10 years 1 Refresh the white paint of interior and exterior as original 2 Repair chipped white tiles in bathroom and kitchen
3 Repair chipped enamel of kitchen sink
4 Secure the loose electrical wires in the attic and elsewhere (with a qualified Electrician) 5 Refresh the grout along the edge of the bathtub and shower stall 6 Restore damaged hinges on kitchen and bathroom cabinets 7 Maintain screens at exterior vents to prevent vermin entry 8 Recoat roof as needed
9 Minimize hairline cracks in exterior stucco
Here is a list of capital improvements in the yard anticipated or planned over the next 5-10 years None of these would be attached to the house. Conduits of electrical , gas and plumbing would be well buried as required by the permit.
1 Outdoor kitchenette with bar fridge, small cupboard, sink and grill 2 Spa integrated with the existing pool
3 Firepit
4 Outdoor shower
Attached , please find a copy of the GRANT DEED and two recent exterior photos.

Please let me know if this is sufficent information or what else may be required. I look forward to hearing from you.

CITY COUNCIL STAFF REPORT
03/24/2022 1. I.

City Clerk -

SUBJECT

REQUEST BY ROCHELLE STEINER, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1870 SOUTH

BARONA ROAD, A CONTRIBUTING STRUCTURE IN THE SANDCLIFF GARDEN APARTMENT HOMES HISTORIC DISTRICT (APN #510-040-023), (HSPB #93 / HD-5) RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, Rochelle Steiner and the Sandcliff Homeowners Association.

1. Authorize the City Manager to execute the Agreement.2.

Direct the City Clerk to record the Agreement with the County of Riverside.3.

Attachments
Item 1I

CITY COUNCIL STAFF REPORT

DATE: March 24, 2022 CONSENT CALENDAR

SUBJECT: REQUEST BY ROCHELLE STEINER, OWNER, FOR APPROVAL OF A

MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR
1870 SOUTH BARONA ROAD, A CONTRIBUTING STRUCTURE IN THE

SANDCLIFF GARDEN APARTMENT HOMES HISTORIC DISTRICT (APN #510-040-023), (HSPB #93 / HD-5)

FROM: Justin Clifton, City Manager

BY: Department of Planning Services

SUMMARY:

This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with Rochelle Steiner (owner) and the Sandcliff Garden Apartment Homes Homeowners Association. The intent of this contract is to require maintenance and preservation of 1870 South Barona Road, a contributing structure in a city -designated historic district in exchange for possible property tax relief as determined by the Riverside County tax assessor.

RECOMMENDATION:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, Rochelle Steiner and the Sandcliff Homeowners Association.

2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

STAFF ANALYSIS:

On February 3, 2016, the City Council designated Sandcliff Garden Apartment Homes, located at 1800 South Barona Road (HSPB #93 / HD-5), a historic district via Resolution No. 23963. The Council identified al l the residential buildings within Sandcliff as contributing resources in the historic district. The dwelling at 1870 South Barona Road is a contributing structure within the historic district.

Pursuant to California Government Code Sections 50280 – 50290, upon the application of an owner of any qualified historic property, the legislative body of a city may contract Item 1I - 1
City Council Staff Report
March 24, 2022 – Page 2
Mills Act Agreement – 1870 South Barona Road

with the owner or agent to restrict the use of the property to carry out the purposes and goals of historic preservation of the property. Such a contract is commonly referred to as a “Mills Act Agreement” and it provides for possible alternative property tax rate calculations in exchange for specific and ongoing preservation and maintenance of t he property, specifically its historically significant elements and characteristics.

BELOW IS THE ENTRY VIEW OF 1870 SOUTH BARONA ROAD

Pursuant to California Government Code Section 50280.1, a “qualified historical property” means a privately-owned property which is not exempt from property taxation and is listed in any state, city, or county official register of historical or architecturally significant sites, places, districts, or landmarks. The dwelling at 1870 South Barona Road meets this definition because it is a contributing structure within the Sandcliff Historic District and the Sandcliff Historic District is listed in the City of Palm Springs register of Historic Sites and Districts as site HSPB #93 / Historic District #HD-5.

FISCAL IMPACT:

Approval of this Mills Act contract may result in a decrease in the property tax collected for the subject property.

Item 1I - 2
City Council Staff Report
March 24, 2022 – Page 3
Mills Act Agreement – 1870 South Barona Road

REVIEWED BY:

Department Assistant Director David Newell
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton

ATTACHMENTS:

A. Vicinity Map.

B. Resolution 23963.

C. Letter from the owners dated February 10, 2022.

D. Letter from the Homeowners Association dated February 13, 2022.

Item 1I - 3
Attachment A
Item 1I - 4

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
1870 South Barona Road
HSPB 93 HD-5

Item 1I - 5
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Item 1I - 6
Item 1I - 7
R ECORDING REQUESTED BY:

CITY OF PALM SPRINGS
ND WHEN RECORDED MAIL TO: A
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ity of Palm Springs
. 0. Box 2743
p aim Springs, CA 92263
A ttn: Office of the City Clerk
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8 SIZE
2016-0104541
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Page 1 of 8 ends

Recorded in Official Records
County of Riverside Peter Aldana
Assessor-County Clerk-Recorder
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FIiing fee EXEMPT per Government Code 6103 ¢
RESOLUTION NO. 23963

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA,

DESIGNATING THE SANDCLIFF GARDEN

APARTMENT HOMES CONDOMINIUMS AS
HISTORIC DISTRICT NO. 5 AND ADOPTING A
CLASS 31 CATEGORICAL EXEMPTION UNDER
CEQA FOR PROPERTY LOCATED AT 1800
BARONA ROAD (CASE HSPB 93/HD 5).

Title of Document

THIS AREA FOR

RECORDER'S

USE ONLY

THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Acldltlonal Recording Fee Applies)
Item 1I - 8
RESOLUTION NO. 23963

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DESIGNATING THE

SANDCLIFF GARDEN APARTMENT HOMES
CONDOMINIUMS AS HISTORIC DISTRICT NO. 5 AND
ADOPTING A CLASS 31 CATEGORICAL EXEMPTION
UNDER CEQA FOR PROPERTY LOCATED AT 1800
BARONA ROAD (CASE HSPB 93/HD 5).

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts.

B. The Sandcliff Garden Apartment Homes Homeowners Association (SGAH) in conjunction with the Palm Springs Preservation Foundation (PSPF) filed an application with the City for historic district designation of the Sandcliff Garden Apartment Homes condominium complex pursuant to PSMC Chapter 8.05. The application included a historic resources report about the complex dated March 15, 2015.

C. In May 2015, members of the Historic Site Preservation Board (HSPB) conducted guided site inspections of the proposed historic district accompanied by City staff.

D. A significant number of unit owners within the Sandcliff Garden Apartment Homes (SGAH) condominium association have indicated their support of the proposed historic district designation.

E. A notice of a public hearing of the Historic Site Preservation Board of the City of Palm Springs to consider designation of the Sandcliff complex was issued in accordance with applicable law.

F. On May 12, 2015, the HSPB conducted a public hearing in accordance with applicable law to consider designation of the Sandcliff Garden Apartment Condominiums as a historic district and at said hearing voted to recommend that the City Council designate the Sandcliff Garden Apartment Condominiums (Case HSPB #93) as historic district #HD-5.

G. A notice of a public hearing of the City Council of the City of Palm Springs to consider historic district designation of the Sandcliff com lex was iss with applicable law. CERTIFIED COPY
I certify that this Is a true and correct copy of the document on file in the official records of the City of Palm Springs. 't-.~ ~ · \b. 'Qo\b
Chief Deputy City Clerk
This certification must appear In blue with an orlglnal signature.

Item 1I - 9
Resolution No. 23963

Page 2 ends

H. On February 3, 2016, the City Council conducted a public hearing in accordance with applicable law to consider historic district designation of the Sandcliff Garden Apartment Condominiums.

I. The proposed historic d:str!Gt designation is considered e projeci. pursuant to th~ terms of the California Environmental Quality Act (CEQA} and has been determined to be Categorically Exempt from further evaluation under CEQA as a Class 31 exemption (historic resources restoration / rehabilitation) pursuant to Section 15331 of the CEQA Guidelines.

J. Pursuant to Municipal Code Section 8.05.160, the City Council, in evaluating a historic district application, must find that the designation of the site or district supports or furthers the purpose of the historic preservation ordinance. As stated in Section

8.05.010, "Purpose and Authority" the Historic Preservation ordinance is " ... For the purpose of preserving areas and specific buildings of the city which reflect elements of its cultural, social, economic, political, architectural and archaeological history. This chapter is intended to stabilize and improve buildings, structures or areas which are considered to be of historical, architectural, archaeological or ecological value, to foster civic beauty, to strengthen the local economy and to promote the use of specific buildings for the education and welfare of the citizens." The Sandcliff Garden Apartment Condominium complex (SGAC) reflect elements of the City's cultural and architectural history as explained in the defining criteria outlined below including being representative of a particular period in local history and embodying distinctive characteristics of a building type and architectural style. The proposed designation of the Sandcliff complex as a historic district is supported because it imbues aspects of the cultural, social, economic and architectural history and development of the City. It possesses a high-degree of integrity in terms of its ability to convey its historic significance in the context of the social and physical development of Palm Springs and the modern period of architecture for which Palm Springs is well known. Therefore the proposed historic district designation conforms to the required finding.

K. Pursuant to Municipal Code Chapter 8.05.020 ('Definitions'), in order for an area within the City to be considered for possible historic district designation, it must contain a number of structures, natural features or sites that possess " ... historic, architectural, archaeological, cultural or aesthetic significance.".

The City Council finds that the Sandcliff Garden Apartment Condominiums Historic District possesses a number of structures and features that possess historic, Item 1I - 10
Resolution No. 23963
Page3
architectural, cultural and aesthetic significance as defined in the following criteria outlined in PSMC 8.05.020:

Criteria #3. That reflects or exemplifies a particular period of the national. ste!s c.-Joclil hi:;tory;
The buildings within the proposed Sandcliff Historic District reflect the Modern Period in local architectural history; specifically the period of significance proposed is from the early 1950's to the late 1960's. It was during this period that the City of Palm Springs, in response to rapid population growth following World War 11, studied the inventory of housing types that existed in the city and began establishing more multi-family zoning designations in many of the open, undeveloped parts of the city. This in turn encouraged a greater variety of housing types, including garden style apartments to be developed.

The development of the garden apartments at Sandcliff are a response to the significant increases in growth in population that Palm Springs was experiencing after World War II and the shortage of high quality, affordable housing stock. As noted on page 10 of the historic resource report, from 1950 to 1956, the population in Palm Springs grew by an astonishing 60%. The City responded to this dramatic increase in population by creating more medium and high-density residential zones and in turn, developers responded by producing literally hundreds of garden style homes and multi family apartment and condominium complexes. The FHA began to insure mortgages on condominium developments in 1961, making the financing of "apartment homes" affordable and attractive to a growing number of families and individuals.

Criteria 4. That embodies the distinctive characteristics of a type, period or method of construction;
The buildings in the proposed Sandcliff Historic District reflect a low-cost approach to home construction. Stripped of ornament, high quality finishes, expensive details or lavish materials, the developers of the homes at Sandcliff focused their resources on providing technological features that were advanced for their time, and amenities such as built-in sound systems, built in-kitchen gadgets, contemporary appliances, air conditioning and sunken tubs.

Buyers in the early 1960's in Palm Springs were comparing features and value of the post-and-beam construction common in the housing tracts that the Alexander Construction Company began in the mid-1950's with the conventional "stick-built" frame construction of the Sandcliff homes; which were typically better insulated, offered larger kitchens with more gadgets, appliances and storage. Not only does the construction typology of Sandcliff reflect the market demand at that time for convenience and "state- Item 1I - 11
Resolution No. 23963
Page4
of-the-art" gadgetry, it is also reflective of the fiercely competitive nature of producing affordable housing. That which wasn't essential for convenience or comfort within the proposed units was stripped away, leaving the physical architecture of the buildings simple, clean, and uncluttered. During the period in which Sandcliff was built, modern architecture, with its "les~ is m,:>rG" mcuitra \i"v·as er.1braced i.~•-bo~li Jev~bpei·~ ~9eki'.·,g to maximize profits and home-buyers seeking to minimize the time and effort required for maintenance and upkeep.

L. The boundaries of the proposed historic district are Barona Road on the west, Sandcliff Road on the north and east, and Morongo Trail on the south.

M. The Sandcliff Garden Home Apartment Condominiums Historic District's period of significance is roughly from the early 1950's to the mid-1960's.

N. The context within which the Sandcliff Garden Home Apartment Condominiums Historic District is identified with the post-World War II growth of Palm Springs as a worldwide vacation and resort destination. The period following World War II saw increasing seasonal and permanent population in Palm Springs and from a 1950's report on the housing stock of the City it was determined that a shortage of affordable homes existed. Many areas in the City were re-zoned from low-density to medium and high-density residential zones to encourage an increase in production of different housing stock options.

0. Contributing, Non-Contributing, and Defining Historic Characteristics or Elements The physical character-defining features of this site include the following:

1. The strong horizontal roof planes of all buildings and structures on the site, emphasized by the thin fascia of the roof structure and deep patio overhangs, interspersed with simple rectilinear volumes of the kitchens which protrude above the roof fascia to provide visual balance to the overall composition.

2. Narrow natural-anodized aluminum-frame windows and sliding glass doors.

3. The variety of concrete screen block privacy walls at patios and terraces.

4. The lightly raked stucco accent panels above and below the kitchen windows.

The contributing elements of the complex are recommended as follows:

1. All residential structures within the Sandcliff complex are recommended to be designated as Contributing Structures and individually treated as Item 1I - 12
Resolution No. 23963

Page 5 ends

Class 1 historic structures pursuant to Section 8.05.125 of the Palm Springs Municipal Code.

2. The swimming pool and pool cabana structure are recommended for designation as Contributing Structures and treated as Class 1 historic struct .. ies.

The non-contributing elements are recommended as follows:

1. The driveways, carports and service areas along Sandcliff road.

2. The common area landscape.

3. Any new or modified privacy walls, canopies, shade trellises, surface mounted conduit, antenna, satellite dishes, floor tile at patios, screen doors of varying designs, steel picket gates of varying designs, vinyl replacement windows and doors.

P. Integrity. The factor of integrity, while not a requirement of the Municipal Code Findings, is a factor that is considered in applications made to the National Trust for Historic Places and in certain state historic designations. The report concludes that the buildings within the proposed Sandcliff historic district have undergone limited alterations and that most of the character-defining features survive. Thus, the sites within the district retain a high degree of historic integrity.

Q. The specific parcels proposed for inclusion in the Sandcliff Historic District are as follows:

Assessor Parcel Numbers 510-040-001 to 040 and the common lot-041

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA HEREBY RESOLVES:

Based upon the foregoing, the City Council hereby designates the Sandcliff Garden Apartment Condominiums located at 1800 South Barona Road and as bounded by Barona Road, East Sandcliff Drive, South Sandcliff Drive and, Morongo Trail , Palm Springs, California, as "HSPB #93, Historic District #HD-5."

1. The property owner shall permit the City to place a historic marker of the City's choosing at the site. The marker shall be placed in a location visible from the public right-of-way. The owner shall maintain the marker in the location installed and pay for the replacement cost if the plaque is lost, stolen, or otherwise removed from the property.

Item 1I - 13
Resolution No. 23963
Page6

2. All future modifications of the existing structures, as well as, any new buildings proposed on the site shall require HSPB review pursuant Municipal Code Ordinance 8.05.180.

4. That the City Clerk submits the Council Resolution to the County recorder for recordation within 90 days of the effective date of this resolution.

5. Any alterations or modifications to the exterior approved prior to the designation of this site by the City Council shall be considered legal, non-conforming only as to Section 8.05 of the Palm Springs Municipal Code.

ADOPTED THIS 3RD DAY OF FEBRUARY, 2016.

ATTEST:

Item 1I - 14
Resolution No. 23963

Page 7 ends

CERTIFICATION

STATE OF CALIFORNIA )
Cl")• 'NTY oc RI' 'F:Rc:.-•or: , ')~~ '-"''-' ' ' .v - ,..,. L- , -

CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Resolution No. 23963 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 the 3 rd
day of February, 2016 , by the following vote:

AYES:

NOES:

ABSENT :

ABSTAIN:

Councilmember Foat, Councilmember Kors, Councilmember Roberts , Mayor Pro Tern Mills, and Mayor Moon.

None.

None.
es Thompson , City Clerk
ity of Palm Springs, Califor~J, 4-/ zo 1 ~

Attachment C

Item 1I - 15

February 10, 2022

Ken Lyon, RA
Principal City Planner
Historic Preservation Officer
Department of Planning Services
City of Palm Springs, California
3200 Tahquitz Canyon Way
Palm Springs, California 92263

Re: 1870 South Barona Road, Palm Springs, CA 92264--SANDCLIFF

Dear Mr. Ken Lyon,
I am writing to apply for a Mills Act contract for 1870 South Barona Road, Palm Springs, CA 92264.

Thank you for your help with this process.

As requested, attached please find photographs of the exterior of the unit, the legal description of the unit, and proof of ownership as noted in the title documents. Thank you for letting me know the application fee is $1,192 payable to the City of Palm Springs. I can give you my credit card for payment.

In consultation with the HOA Board President and the Management Company, I can confirm that the capital improvement projects to the unit that will maintain the maintenance and preservation of the unit are handled by the HOA as part of ongoing and long-term maintenance and improvement plans.

This includes annual exterior painting, as well as scheduled window replacement, roof replacement, AC replacement, etc. My unit has original screen doors, and there are no surface mounted conduit and/or other paraphernalia (such as retractable awnings or other devices) that detracts from the historic integrity of the unit or the condo property overall. You will see this in the attached photographs.

You will note that one of the three patios for the property is currently bordered by foliage. It is my understanding that this may have originally been bordered by breeze blocks (matching the other two exterior patios and others in the complex). In time I plan to apply to the City of Palm Springs for a permit to place matching breeze blocks at the perimeter of this patio. The HOA is supportive of this and had already discussed it with the previous owner.

Also enclosed with this application is a letter from the HOA indicating willingness to enter into the Mills Act contract with me and the City.

Please let me know if I can provide any further information. I can be reached at the phone/email below.

I can be reached at the cell number below.

Thank you very much,

Rochelle Steiner
[email protected]
+1 646 884 3244

Item 1I - 16

Attachment D

Item 1I - 17

68950 Adelina Road
Cathedral City, CA 92234
Phone: (760) 325-9500
Fax: (760) 325-9300
Sandcliff Homeowners Association
Professionally Managed by:

February 13, 2022

To: City of Palm Springs

Re: Mills Act

To Whom It May Concern,

Sandcliff Owners Association supports the Mills Act Application for all of its members and 40 units, specifically 1870 South Barona Road. The association is committed to the preservation of the association’s historic design and architecture. The association understands that they will need to co- sign the contract in order for the owner to receive approval.

Sincerely,

David J. Schuknecht
On behalf of the
Sandcliff Owners Association
Board of Directors

Item 1I - 18

PERSONALIZED

PROPERTY

MANAGEMENT
'f11e Coachella Vallq~ CommW1i1y
Manageme,11 Company

CITY COUNCIL STAFF REPORT
03/24/2022 1. J.

City Clerk -

SUBJECT

ACCEPT A STATE HOMELAND SECURITY PROGRAM GRANT AWARD IN THE AMOUNT OF $284,560 FROM THE CALIFORNIA OFFICE OF EMERGENCY

SERVICES, THROUGH THE COUNTY OF RIVERSIDE EMERGENCY

MANAGEMENT DEPARTMENT, FOR THE PURCHASE OF INTEROPERABLE

COMMUNICATIONS EQUIPMENT FOR LAW ENFORCEMENT
RECOMMENDATION:

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

Attachments
Item 1J

CITY COUNCIL STAFF REPORT

DATE: March 24, 2022 CONSENT CALENDAR

SUBJECT: ACCEPT A STATE HOMELAND SECURITY PROGRAM GRANT AWARD IN THE AMOUNT OF $284,560 FROM THE CALIFORNIA OFFICE OF

EMERGENCY SERVICES, THROUGH THE COUNTY OF RIVERSIDE

EMERGENCY MANAGEMENT DEPARTMENT, FOR THE PURCHASE

OF INTEROPERABLE COMMUNICATIONS EQUIPMENT FOR LAW

ENFORCEMENT

FROM: Justin Clifton, City Manager

BY: Police Department

SUMMARY:

Staff is recommending the City Council accept a State Homeland Security Program grant award in the amount of $284,560 from the California Office of Emergency Services , through the County of Riverside Emergency Management Department , to be used towards the purchase of interoperable communication equipment for the Police Department.

RECOMMENDATION:

1. Approve the acceptance of a 2021 State Homeland Security Program Grant Award in the amount of $284,560 from the California Office of Emergency Services (CalOES), through the County of Riverside Emergency Management Department.

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

STAFF ANALYSIS:

The State Homeland Security Program (SHSP), one of three components of the Homeland Security Grant Program (HSGP), assists state, local, tribal, and territorial efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.

The City of Palm Springs , as a subrecipient of the County of Riverside Emergency Management Department, has been awarded $284,560 to be used specifically towards the purchase of handheld and mobile radios for law enforcement. These radios will Item 1J - 1
City Council Staff Report
March 24, 2022, Page 2
Accept SHSP Grant Funding

provide interoperable communications between Riverside County law enforcement agencies in efforts to prevent, respond to, and investigate terrorist or domestic extremist events. The purchase of these radios will increase effective responsiveness to local and regional incidents and support enhanced preparedness for disasters unrelated to acts of terrorism.

FISCAL IMPACT:

Appropriate $284,560 in General Fund revenues and expenditures.

REVIEWED BY:

Department Director: Andrew G. Mills
City Manager: Justin Clifton

ATTACHMENTS:

A.) FY21 SHSP Award Letter
B.) FY21 SHSP Grant Subaward Face Sheet
C.) FY21 SHSP Grant Assurances

Item 1J - 2
ATTACHMENT "A"
Item 1J - 3
450 E ALESSANDRO BLVD. RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOPHEPR.ORG ♦ TDD: 951.358.5124 Bruce Barton, Director
Emergency Management Department
February 17, 2022
City of Palm Springs
Justin Clifton, City Manager
Melissa Desmarais, Police Captain
RE: FY21 State Homeland Security Program Grant (SHSP) Award - $284,560.00 Grant #2021-0081 CFDA#: 97.067
The California Office of Emergency Services (CalOES) has approved Riverside County’s FY 21 State Homeland Security Program Grant (SHSP) application and has authorized the commencement of reimbursement requests as of 2/17/2022.

The grant cycle for this grant will end on May 31, 2023. All final reimbursement requests are due no later than June 10, 2023.

Upon approval of pending paperwork this letter serves as authorization to begin spending and reques ting reimbursement of your Anti -Terrorism Approval Authority (AT AA) approved pr ojects. In an effort to ensure t hat all awarded funds are expended the State is requiring that reimbursement requests should be made at least every 6 months . E xpenses for equipment should be completed within the first 8 months after rec eiving this award le tter. Training must b e completed or scheduled within the first year of this grant. Under extenuating circumstances some exceptions may be approved . Full Expenditure of the awarded funds is expected.

Riverside County Operational Area may reduce, suspend, or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required reports.
• Failure to expend a minimum of 90% of awarded funding. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances. • Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to follow grant agreement requirements or special conditions. • False certification in the application or document.
• Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.

Riverside County EMD does require you to provide a signed FY 21 Grant Assurance and completed and signed Workbook Face-Sheet as soon as possible. Modifications and Reimbursement Requests cannot be processed until we receive these documents. Please remember that cha nges to your grant will require the approval of the OA prior to i ncurring any costs.

All modificati ons, EHP’s, sole source procurement, EOC and construction requests require additional approvals from CalOES through the OA prior to incurring any costs.

By accepting this award, it is understood that you are agreeing to c omply with a ll applicable federal, state, and local requirements of the grant as put forth in the FY 21 Grant Assurances, federal and state guidances, and all provisions of 2 CFR 200 including part F- “Audit Requirements”. Any funds found owed as a result o f a final review or audit must be refunded to the County within 15 days upon receipt of an invoice from Riverside County EMD.

As always, please feel free to co ntact us wi th any question s you may have. I look forward to working with you and appreciate your cooperation and support.

Regards,
Joe Barron
Administrative Services Analyst II
Riverside County EMD
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(#:Mil
ATTACHMENT "B"
Item 1J - 5
Subaward#
N/A;
D. Cash
Match

8. $0

9. 10.

11. Title:

Email:

City:

Zip+ 4:

Date:Signature:
(area code) (area code)
Payment Mailing Address: 3200 E. Tahquitz Canyon Drive Palm Springs 92262-6959 Name: Justin Clifton City Manager
Telephone: (760)322-8350 FAX: [email protected]

14. CA Public Records Act - Grant applications are subject to the California Public Records Act, Government Code section 6250 et seq. Do not put

15. Official Authorized to Sign for Subrecipient: 16. Federal Employer ID Number:956000757 $0 $0 $0
12G. Total Project Cost:
$284,560

13. Certification - This Grant Subaward consists of this title page, the application for the grant, which is attached and made a part hereof, and the Assurances/Certifications. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County Financial Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subrecipient certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Subaward. The Subrecipient accepts this Grant Subaward and agrees to administer the grant project in accordance with the Grant Subaward as well as all applicable state and federal laws, audit requirements, federal program guidelines, and Cal OES policy and program guidance. The Subrecipient further agrees that the allocation of funds may be contingent on the enactment of the State Budget.

12. TOTALS $0 $284,560 $284,560
$0 $0
Select Select $0 $0
$0 $284,560
Select Select $0 $0
2021 HSGP-SHSP $284,560 $0
Select Select
Grant
Year Fund Source A. State B. Federal C. Total E. In-Kind Match
F. Total
Match
G. Total Project
Cost

7. Indirect Cost Rate:

City County Zip+4

5. Disaster/Program Title: State Homeland Security Program 6. Performance Period: 02/17/22 to 05/31/23 Street City Zip+4

4. Location of Project: City of Palm Springs Riverside

2. Implementing Agency: Palm Springs Police Department 2a. DUNS #: 072522006

3. Implementing Agency Address: 200 S. Civic Drive Palm Springs 92262-7201 2021-0081

RIVERSIDE COUNTY OPERATIONAL AREA

GRANT SUBAWARD FACE SHEET
Riverside County Operational Area makes a Grant Subaward of funds set forth to the following:

1. Subrecipient: City of Palm Springs 1a. DUNS #: 072522006 Item 1J - 6
ATTACHMENT "C"
Item 1J - 7
FY21 Standard Assurances
Federal Grant Programs
2021 SHSP Standard Assurances Page 1 of 15 Initials
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO;
(e) Federal and State Grant Program Guidelines; and
(f) Riverside County Supplement to the NOFO.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; and (d) The official executing this agreement is, in fact, authorized to do so.

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This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:

(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

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Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government.

The Applicant certifies that it and its principals, recipients, or subrecipients:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all federal statutes relating to non-discrimination.

These include, but are not limited to, the following:

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(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681 -1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. §§ 12101- 12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (4 2 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; Item 1J - 11
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(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(m) The requirements of any other nondiscrimination statute(s) which may apply to the application.

In addition to the items listed in (a) through (m), the Applicant will comply with California’s Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code §§12940, 12945, 12945.2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable:

(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; Item 1J - 12
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(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

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8. Audits
For subrecipients expending $750,000 or more in combined federal grant funds annually, the Applicant will be required to submit financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information. The Applicant is required to report to Riverside County Operational Area (RivCO OA) the progress of their funded programs on a quarterly basis (January 1, April 1, July 1, October 1).

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower Item 1J - 14
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protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:

(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:

(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program Item 1J - 15
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and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;

(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:

(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

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20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM (HSGP) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at [email protected] or by mail at U.S. Department of Homeland Security, Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528.

In the courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or the recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses listed above.

The United States has the right to seek judicial enforcement of these obligations.

22. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

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2021 SHSP Standard Assurances Page 11 of 15

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23. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

24. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

25. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

27. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

28. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

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29. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.

30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

31. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

32. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.

No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

33. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

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34. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

35. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

36. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

37. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

38. Loss of funding

Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if RivCo OA or the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

RivCo OA may reduce, suspend or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:

• Failure to submit required reports.
• Failure to expend funding.
• Failure to expend at least 90% of award could affect future funding.

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2021 SHSP Standard Assurances Page 14 of 15

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• Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to comply with the required Nationwide Cybersecurity Review (NCSR) process • Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
• Failure to follow grant agreement requirements or special conditions. • False certification in the application or document.
• Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.

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IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

The Applicant recognizes and agrees that financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for RivCO OA, Cal OES or public scrutiny upon request.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8 .1, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Subrecipient:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

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CITY COUNCIL STAFF REPORT
03/24/2022 1. K.

City Clerk -

SUBJECT
AUTHORIZE THE PURCHASE OF ONE (1) SHADE STRUCTURE FROM SHADE STRUCTURES INC., A TEXAS CORPORATION, IN THE AMOUNT OF $17,763.33

FOR THE DESERT HIGHLAND PARK SHADE STRUCTURE PROJECT, CITY PROJECT NO. 21-22
RECOMMENDATION:

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

Attachments
Item 1K

CITY COUNCIL STAFF REPORT

DATE: March 24, 2022 CONSENT CALENDAR

SUBJECT: AUTHORIZE THE PURCHASE OF ONE (1) SHADE STRUCTURE FROM SHADE STRUCTURES INC., A TEXAS CORPORATION, IN THE
AMOUNT OF $ 17,763.33 FOR THE DESERT HIGHLAND PARK SHADE STRUCTURE PROJECT, CITY PROJECT NO. 21-22

FROM: Justin Clifton, City Manager

BY: Engineering Division

SUMMARY:

This action will authorize the purchase and installation of one (1) shade structure from Shade Structures Inc., dba USA Shade & Fabric Structures, a subsidiary of Play Power Inc. (Shade Structures Inc.). The structure will provide aesthetically appealing and functional shade for the Desert Highland Park . Shade Structures Inc. is affiliated with a governmental purchasing cooperative known as Sourcewell, a national cooperative purchasing contract that provides the City with reduced pricing.

The shade structure project was approved by the Parks and Recreation Commission and is funded by a Grant from Proposition 68. This item is being brought forward to City Council because the cumulative amount awarded to this contractor , using the City’s Cooperative Purchasing Program, will exceed the City Manager’s signing authority.

RECOMMENDATION:

1. In accordance with Section 7.09.010 of the Palm Springs Municipal Code, "Cooperative Purchasing Programs", authorize the purchase and installation of one (1) shade structure from Shade Structures Inc., dba USA Shade & Fabric Structures, a Texas corporation, pursuant to Cooperative Purchasing Contract 030117- LTS, for an amount of $17,763.33; and

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

BUSINESS PRINCIPAL DISCLOSURE:

Shade Structures Inc. is a Texas corporation. The Public Integrity Disclosure is included as Attachment A. In addition, Shade Structures Inc. certified that it meets the City of Palm Springs Conflict of Interest and Non- Discrimination requirements as evidenced by Attachment B.

Item 1K - 1
City Council Staff Report
March 24, 2022 -- Page 2
Authorize PO for CP 21-22

BACKGROUND:

Proposition 68 Per Capita Grant Program:

In 2018, the State of California invested in the largest grant funding for critically underserved communities with the passage of Proposition 68: California Drought, Water, Parks, Climate, Coastal Protection and Outdoor Access for All Act. Recognizing the need for underserved communities to have equitable access to outdoor recreational facilities, the bond also provides funds for new parks that will help attract new and diverse visitors.

The Proposition 68 Per Capita Grant program was released on July 7, 2020.

The General Per Capita Program funds are available for local park rehabilitation, and creation and improvement grants to local governments on a per capita basis . The City received an appropriation of $132,737.

The per capita grant covers 100% of all eligible costs provided the project is located in an area identified as a disadvantage community, otherwise the grant requires a 20% match of local funds.

In evaluating shade structure options, Staff recommends larger and more structurally sound shade structures to withstand the elem ents ( Figure 1 ). The proposed shade structure consist s of a steel -supporting structure and commercial -grade UV inhibited fabric as the primary shading element. The shade structure will be 16’ x 24’ in size, and will protect patrons from harmful UV rays, wind, dust, and rain. The structure will allow air to pass through the fabric thus keeping the area underneath the structure cooler than a wood or metal structure, will extend the life of the bleacher equipment they shade, and will improve guest comfort levels at the parks. The proposed location of the Shade Structure at Desert Highland Park is shown in Figure 2 below.

Figure 1.

Item 1K - 2
City Council Staff Report
March 24, 2022 -- Page 3
Authorize PO for CP 21-22

Figure 2.

STAFF ANALYSIS:

Shade Structures Inc. is a leading full -service, design/build commercial shade manufacturer in the nation. Shade structures provide needed protection for our park patrons from the harmful effects of the sun and protection from the elements. Each structure is custom designed and engineered for the most effective approach to enhance spectating at play areas.

Cooperative Purchasing Agreements/Waiver for Bidding Requirements:

Pursuant to the provisions of the Procurement Ordinance, 7.09.010, the City Council may authorize the acquisition of shade structures through a joint powers or other cooperative purchasing program. Procurement Staff w orked with Engineer ing Staff to review the Sourcewell cooperative contract 030117-L TS with Shade Structures Inc. and determined that it complies with the City's procurement requirements. Utilization of the Sourcewell cooperative contract would likely be more efficient than what the City would obtain if pursued through the bidding process.

Staff has reviewed the scope of services and finds that Shade Structures Inc. is offering the City of Palm Springs competitive prices and recommends that the City Council approve the agreement with Shade Structures, Inc., pursuant to the cooperative purchasing agreement.

Item 1K - 3
City Council Staff Report
March 24, 2022 -- Page 4
Authorize PO for CP 21-22

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Desert Highland Park Shade Structure, City Project No. 21-22, is considered categorically exempt from CEQA.

FISCAL IMPACT:

On March 11, 2021, City Council approved Item 1D, Funding Agreement A8696 between the City and California Department of Parks and Recreation (CDPR). The agreement stipulates that CDPR will reimburse 100% eligible project costs.

With this action, sufficient funds are budgeted and available to approve the agreement with Shade Structures Inc. in the amount of $17,763.33.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton

ATTACHMENTS:

A. Public Integrity Disclosure.

B. Conflict of Interest and Non-Discrimination.

C. Shade Structure Inc. Proposal and Timeline.

Item 1K - 4
Attachment A
Item 1K - 5

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State

If other than California, is the Entity also registered in California? /g70 Yes /g70 No

5. Type of Entity

/g70 Corporation /g70 Limited Liability Company /g70 Partnership /g70 Trust /g70 Other (please specify)

_________________________________________________ /g70 Officer /g70 Director /g70 Member /g70 Manager
[name]
/g70 General Partner /g70 Limited Partner

/g70
Other ____________________________________

_________________________________________________ /g70 Officer /g70 Director /g70 Member /g70 Manager [name]
/g70 General Partner /g70 Limited Partner

/g70
Other ____________________________________

_________________________________________________ /g70 Officer /g70 Director /g70 Member /g70 Manager
[name]
/g70 General Partner /g70 Limited Partner

/g70 Other ____________________________________

Shade Structures, Inc. dba USA SHADE & Fabric Structures 2580 Esters Blvd. Ste 100 DFW Airport, TX 75261
1085 N Main St. Ste C Orange, CA 92867
Delaware
John Saunders
David Schneider
Virginia Marquez
Item 1K - 6
-
~
-
X
X
X
'
X
X
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Page /g1006 of 2
(Revised 05/16/19)

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

PlayPower, Inc.- Parent Company 100%
John Saunders, President
Nov 30, 2020
Item 1K - 7I /A~~ I
I
._______ ____ _JI

Attachment B
Item 1K - 8

CITY OF PALM SPRINGS, CA

CONFLICT OF INTEREST AND NON-DISCRIMINATION
Conflict of Interest. Contractor acknowledges that no office 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 year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any m oney or other consideration in exchange for obtaining this Agreement.

Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminat e against any employee or appli cant for employment because of actual or perceived race, religion, color, sex, age martial status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender e xpression, physical or mental disab ility, 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 o missions hereunder shall not incor porate 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 transf er; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensa tion; 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 limitation the provision of benefits, relating to non-discrimination in city Contracting.

NAME OF CONTRACTOR/VENDOR:

NAME and TITLE of Authorized Representative:
(Print)
Signature and Date of Authorized Representative:
(Sign) (Date)
ΜώχϊϋΜϚϘϛωϚϛϘϋϙͥΒϔωͨϊψχΞΜΊΜΑΊ΍ΎІΏχψϘϏωΜϚϘϛωϚϛϘϋϙ ΓϕώϔΜχϛϔϊϋϘϙͥΙϘϋϙϏϊϋϔϚ
ккͿмйͿлйлй
Item 1K - 9

Attachment C
Item 1K - 10
www.usa-shade.com | 800-966-5005
Palm Springs, CA 92262
AZ: 289388 CA: 989458 LA: 61718 NV:78724
NM: 383826 TN: 68712 DIR: 1000003533
Desert Highland Park Softball
3/11/2022
Proposal based on Sourcewell Contract #: 010521-LTS-6
Proposal Prepared For:

City of Palm Springs
3200 E. Tahquitz Canyon Way
Item 1K - 11

USASHADE
& Fabric Structures®
Date: 3/11/2022
Purchaser: Contact: Sales Rep:

Project Name: Phone: Phone:

Quote No: Email: Email:

PO No: Fax: Fax:

Contact: Contact: Contact:

Phone Phone Phone
Email: Email: Email:

Fax: Fax: Fax:

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

MAILING ADDRESS:

P.O. Box 3467
Coppel, TX 75019
(760) 219-5356 (714) 427-6981 (760) 219-5356
[email protected] [email protected] [email protected] 92262 92867 92262
Andrew Crider Construction Dept. Andrew Crider
Palm Springs Orange Palm Springs

CA CA CA
City of Palm Springs SOUTHERN CALIFORNIA Desert Highland Park 3200 E. Tahquitz Canyon Way 1085 N. Main Street, Suite C 480 W Tramview Rd Billing Information: Shipping Information: Jobsite Information:

Desert Highland Park Softball (760) 219-5356 (760) 250-7824 01011322AAD [email protected] [email protected] Proposal for USA SHADE & Fabric Structures
Project Information: Sales Information:

City of Palm Springs Andrew Crider Ashley Donde
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Item 1K - 12

USASHADE
& Fabric Structures .,

Structure Pricing

UNIT IMAGE
Unit Quantity: 1 Foundations By USA Shade
Unit Type: Hip Grout Installation USA Shade
Structure Size: 24ft x 16ft Footing Type: Drilled Pier
USA Shade Model Number 1401 Base Attachment: PIH - Embed Entry Height: 10ft Anchor Bolts: N/A
No of Columns: 4 Concrete Cutting: Included
No of Fabric Tops: 1 Dirt Removal: Included
Fabric Type: Colourshade_FR Surface Type: Concrete
Fabric Color: Green NOTES
Steel Finish: Coastal Primer w/
Powder Coating
Steel Color: White
PRICE Electrical Provisions: N/A
Cable/HDW Finish: Galvanized
Concept No:

Palm Springs Swim Center Shade Structures

UNIT DETAILS
Fabric to have reinforcments along the ridge and
rafters for high wind conditions.
$ 17,763.33
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Item 1K - 13

USASHADE
a Fabric Structur•• •

QTY COST
10%
Progress Billing
CBC 2019
120 mph
5 psf
Electronic
1 Yes

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

INCLUSIONS / EXCLUSIONS

ENGINEERING REQUIREMENTS INSTALLATION - MISCELLANEOUS Sealed Drawings & Calculations Prevailing Wage / Certified Payroll Permit Submittal Union Wages
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel , fabric, and concrete. Proposal pricing is only valid for 15 Days due to the fluctuation in pricing. Due to recent significant increases experienced in raw steel and fabric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final sizing can be determined.

ENGINEERING REQUIREMENTS NOTES
Building Code
USA Shade to provide sealed engineering drawings and calculations. Client to provide site plan. USA Shade will pull the permit. The permit fees (if any) charged by the City and/or County are not included in this proposal. They will be added as a change order once we know how much those are after submittal.

Wind Load
Snow Load
Drawing Size
No. of Sealed Drawings
Calculations Required
Engineering Included
Price based on Sourcewell Government Contract # 010521-LTS-6Installation Included TOTAL PRICE $ 17,763.33
SUBTOTAL $ - (4) Other (specify):

Sales Tax (9.25%) NOTES:

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

PRICINGTOTALS: PAYMENT TERMS:

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

ITEM DETAILS
Item 1K - 14

USASHADE
& Fabric Structure s .,
0 D 0 D
0 D D 0
D 0 D 0
D 0 D 0
0 D D 0
0 D D 0
D 0 D 0
D 0 D 0
1)
2)
3)
4)
Proposal: The above proposal is valid for 1 Year from the date first set forth above. After 30 days, we reserve the right to increase prices due to the rise in cost of raw materials, fuel, or other cost increases. When applicable, USA SHADE & Fabric Structures reserves the right to implement a surcharge for significant increases in raw materials, including, but not limited to; fuel, steel, and concrete. Due to the duration of time between proposals, contracts, and final installation, USA SHADE & Fabric Structures reserves the right to implement this surcharge, when applicable.

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

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

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

GENERAL TERMS & CONDITIONS AND WARRANTY
Construction Assumptions
1) The designated area for our structures will be accessible by drive-up for unloading of our trucks and equipment, including personnel man-lifts, forklifts, etc. Should a crane be required and direct access not available, additional costs for such will be submitted by a Change Order. 2) Our pricing is based on the ability to perform all of our work with clear, sequential, and continuous access without interruption during normal daytime working hours. We have assumed one mobilization for the installation of foundations, steel and fabric; if additional mobilizations are required, there will be an additional charge. We will require exclusive access to the area for our work during the construction process. 3) Our pricing does not include daily site delays accessing the work areas. USA SHADE will submit a Change Order for any delays caused by other trades which interfere or cause us to stop working.
4) We will require site sanitary facilities and refuse containers by others within 200 feet of our work. 5) USA SHADE will leave its work and materials in a clean condition at the conclusion of our work. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Item 1K - 15

USASHADE
• Fabric Structur •••
5)
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12) Concealed Conditions: ”Concealed conditions” include, without limitation, water, gas, sprinkler, electrical and sewage lines, post tension cables, and steel rebar. This agreement is based solely on observations the Company was able to make either by visual inspection or by drawings and/or plans submitted by Owner at the time this agreement was bid. If additional Concealed Conditions are discovered once work has commenced, which were not visible at the time this proposal was bid, Company will stop work and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a Change Order for any additional work. In any event, any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water, hard rock (such as limestone, caliche, etc.), rocks larger than 4 inches in diameter, or any other condition that will require additional labor, equipment and/or materials not specified by the Purchaser or Owner in the bidding process. Any condition requiring additional labor, equipment, and/or materials to complete the drilling or concrete operations will require a Change Order before Company will complete the process. Price quotes are based on a drilled pier footing. Any variation will incur additional charges (i.e. spread footings, concrete mat, sand, water, landfill, etc.). Costs for footing and installation do not include any allowance for extending below frost lines (the additional costs for which vary by geographical region).

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

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

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

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

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

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

Bonding Guidelines: If Purchaser will use or provide the Structures and Services for an Owner other than Purchaser (including, without limitation, as a subcontractor of Purchaser), Purchaser will include the following statement in Purchaser’s contract with Owner:
“The manufacturer’s warranty for the Shade Structures brand shade structures is a separate document between USA SHADE & Fabric Structures and the ultimate owner of the Shade Structures brand shade structures, which will be provided to the ultimate owner at the time of completion of the installation and other services to be provided by USA SHADE & Fabric Structures. Due to surety requirements, any performance and/or payment bond will cover only the first year of the USA SHADE & Fabric Structures warranty.” www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Item 1K - 16

USASHADE
• Fabric Structur •••
13)
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15)
•
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• Sewing thread is warranted for ten years.

All steel surface finishes are warranted for one year.

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

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

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

Statement of Limited Warranty:

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

If assembly is provided by the Company, workmanship of the structure is covered for one year, including labor for the removal of any failed part, disassembly (if necessary), cost of shipping, and reassembly. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Item 1K - 17

USASHADE
• Fabric Structur •••
•
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Commercial 95™ and SaFRshade™ are registered trademarks of Gale Pacific USA Inc.

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

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

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

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

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

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

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

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

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

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

The limited warranties explicitly exclude:

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

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

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

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

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

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

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

Should the Purchaser or Owner sell the structures to another party, the warranty cannot be transferred to the new owner without a complete and thorough on-site inspection performed by a Company representative. Please contact the Company at [email protected] for more details. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Item 1K - 18

USASHADE
• Fabric Structur •••
16) Assembly/Installation:
•
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•
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•
•
17)
18)
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20)
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26) Assignment: Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of Company. The agreement shall be binding upon and insure to the benefit of the Company and the Purchaser, and their successors and permitted assigns.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Installation prices are based on a single mobilization charge. If additional mobilizations are required, there will be additional charges. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Item 1K - 19

USASHADE
• Fabric Structur •••
PURCHASER: SELLER:

City of Palm Springs Shade Structures, Inc. DBA USA Shade Signature: Signature:

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

Date: Date:

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

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

NOTE: All purchase orders and contracts should be drafted in the name of Shade Structures, Inc.
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Item 1K - 20

USASHADE
• Fabric Structur •••
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CITY COUNCIL STAFF REPORT
03/24/2022 1. L.

City Clerk -

SUBJECT
AUTHORIZE THE PURCHASE OF THREE (3) SHADE STRUCTURES FROM SHADE STRUCTURES INC., A TEXAS CORPORATION, IN THE AMOUNT OF $100,946.36 FOR THE SWIM CENTER SHADE STRUCTURES, CITY PROJECT NO. 21-32
RECOMMENDATION:

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

Attachments
Item 1L

CITY COUNCIL STAFF REPORT

DATE: March 24, 2022 CONSENT CALENDAR

SUBJECT: AUTHORIZE THE PURCHASE OF THREE (3 ) SHADE STRUCTURES FROM SHADE STRUCTURES INC., A TEXAS CORPORATION, IN THE AMOUNT OF $ 100,946.36 FOR THE SWIM CENTER SHADE
STRUCTURES, CITY PROJECT NO. 21-32

FROM: Justin Clifton, City Manager

BY: Engineering Division

SUMMARY:

This action will authorize the purchase and installation of three (3) shade structures from Shade Structures Inc. dba USA Shade & Fabric Structures, a subsidiary of Play Power Inc. (Shade Structures Inc.). The structures will provide aesthetically appealing and functional shade for visitors at the Swim Center. Shade Structures Inc. is affiliated with a governmental purchasing cooperative known as Sourcewell, a national cooperative purchasing contract that provides the City with reduced pricing.

The shade structure project was approved by the Parks and Recreation Commission and is funded by a Grant from Proposition 68.

RECOMMENDATION:

1. In accordance with Section 7.09.010 of the Palm Springs Municipal Code, "Cooperative Purchasing Programs", authorize the purchase and installation of three (3) shade structures from Shade Structures Inc. dba USA Shade & Fabric Structures, a Texas corporation, pursuant to Cooperative Purchasing Contract 030117- LTS, for an amount of $100,946.36; and

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

BUSINESS PRINCIPAL DISCLOSURE:

Item 1L - 1
City Council Staff Report
March 24, 2022 -- Page 2
Authorize PO for CP 21-32

BACKGROUND:

Proposition 68 Per Capita Grant Program:

The Proposition 68 Per Capita Grant program was released on July 7, 2020.

The per capita grant covers 100% of all eligible costs provided the project is located in an area identified as a disadvantage community; otherwise, the grant requires a 20% match of local funds.

In evaluating shade structure options, Staff recommends larger and more structurally sound shade structures to withstand the elements ( Figure 1 ). The proposed shade structures consist of a steel supporting structure and commercial -grade UV inhibited fabric as the primary shading element. The shade structures will reduce exposure to the sun's harmful UV rays, and will protect patrons from wind, dust, and rain. The structures will allow air to pass through the fabric thus keeping the area underneath the structur e cooler than a wood or metal structure, will extend the life of the bleacher equipment they shade, and will improve guest comfort levels at the parks. The proposed locations for the Shade Structures at the Swim Center are shown in Figure 2 below.

FIGURE 1
Item 1L - 2
City Council Staff Report
March 24, 2022 -- Page 3
Authorize PO for CP 21-32

FIGURE 2

STAFF ANALYSIS:

Cooperative Purchasing Agreements/Waiver for Bidding Requirements:

Pursuant to the provisions of the Procurement Ordinance, 7.09.010, the City Council may authorize the acquisition of shade structures through a joint powers or other cooperative purchasing program. Procurement Staff worked with Engineer ing Staff to review the Sourcewell cooperative contract 030117-L TS with Shade Structures Inc. and determined that it complies with the City's procurement requirements. Utilization of the Sourcewell cooperative contract would likely be more efficient than what the City would obtain if pursued through the bidding process.

Staff has reviewed the scope of services and finds that Shade Structures Inc. is offering the City of Palm Springs competitive prices and recommen ds that the City Council Item 1L - 3
City Council Staff Report
March 24, 2022 -- Page 4
Authorize PO for CP 21-32

approve the agreement with Shade Structures, Inc., pursuant to the cooperative purchasing agreement.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Swim Center Shade Structures, City Project No. 21-32, is considered categorically exempt from CEQA.

FISCAL IMPACT:

With this action, sufficient funds are budgeted and available to approve the agreement with Shade Structures Inc. in the amount of $100,946.36.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton

ATTACHMENTS:

A. Public Integrity Disclosure.

B. Conflict of Interest and Non-Discrimination.

C. Shade Structure Inc. Proposal and Timeline.

Item 1L - 4
Attachment A
Item 1L - 5

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Palm Springs City CouncilMarch 24, 2022

Palm Springs City Council
March 24, 2022