Agenda packet — Palm Springs City Council, April 7, 2022 (part 1 of 8)

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. There will be in-person public access to the meeting location.

Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.

You may 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 as soon as practicable.

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).

APRIL 7, 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. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. 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) April 7, 2022 City Council Regular Meeting Agenda 2
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.

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 may be held by videoconference, in accordance with AB 361.

B. CULTURALLY STRONG MURAL PROJECT
RECOMMENDATION:

Approve a budget allocation of $55,000 from the Public Arts Fund for the Culturally Strong mural project.

C. APPROVE A NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT WITH

ALCLEAR, LLC DBA CLEAR, FOR BIOMETRIC PASSENGER SCREENING

SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve a Non-Exclusive Operating and Lease Agreement with Alclear, LLC dba CLEAR, consisting of a one-year term from April 1, 2022, to March 31, 2023, with two one-year extension options, generating a yearly space rent of $14,271.96 and $.75 per passenger using CLEAR biometric screening services.

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

April 7, 2022 City Council Regular Meeting Agenda 3
D. APPROVE A SOLE SOURCE AGREEMENT WITH ENVIRONMENTAL SYSTEMS

RESEARCH INSTITUTE (ESRI) FOR ENTERPRISE GIS SOFTWARE
RECOMMENDATION:

Approve a 3-year sole source agreement with ESRI in the amount of $38,500 per year, not to exceed $115,500 over the 3-year contract period.

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

E. APPROVAL OF THE FISCAL YEAR 2022/2023 CSA 152 SPECIAL ASSESSMENT RATE
RECOMMENDATION:

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

PALM SPRINGS, CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2022/2023 TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE

ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.”
F. REQUEST BY JOSEPH MANTELLO AND PAUL MARLOW, OWNERS, FOR

APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE DONALD WEXLER RESIDENCE, A CLASS 1 HISTORIC SITE LOCATED AT 1272 EAST VERBENA DRIVE (APN #507-253-009), (HSPB #139) RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Joseph Mantello and Paul Marlow.

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

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

G. REQUEST BY DANIEL E. BRIDGE, OWNER, FOR APPROVAL OF A MILLS ACT

HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE ALEXANDER HOUSE OF TOMORROW, A CLASS 1 HISTORIC SITE LOCATED AT 1350 LADERA CIRCLE (APN #505-082-026), (HSPB #136)
RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Daniel E. Bridge.

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

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

H. AWARD CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., IN April 7, 2022 City Council Regular Meeting Agenda 4
H. AWARD CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., IN THE AMOUNT OF $2,723,329 FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (CYCLE 8), FEDERAL AID PROJECT NO. HSIPLN-5282(047), CITY PROJECT NO. 16-18
RECOMMENDATION:

Award a construction contract to Elecnor Belco Electric, Inc., in the amount of $2,723,329, for the Highway Safety Improvement Program (Cycle 8), Federal Aid Project No. HSIPLN-5282(047), City Project No. 16-18 (“the Project).

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

I. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:

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

PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 01-22-22 AND 02-05-22 TOTALING $4,215,704.30 AND ACCOUNTS PAYABLE WARRANTS DATED 01-20-22 AND 02-03-22 TOTALING $8,724,113.18, IN THE AGGREGATE AMOUNT OF $12,939,817.48, DRAWN ON BANK OF AMERICA."
April 7, 2022 City Council Regular Meeting Agenda 5
J. APPROVAL OF CONTRACT SERVICE AGREEMENTS WITH LIBCO INC., DBA MAGICAL HOLIDAY DESIGNS; KINCAID INDUSTRIES, INC.; CALIFORNIA EASY RENOVATIONS, INC.; ALLISON MECHANICAL, INC.; M. BREY ELECTRIC, INC.; AJ FISTES CORPORATION; VALLEY LOCK AND SAFE, INC.; AND AL MILLER & SONS ROOFING CO., INC. IN A TOTAL AMOUNT NOT TO EXCEED $2,823,450 RECOMMENDATION:

Approve Contract Services Agreement No. A9078 with Libco Inc., DBA Magical Holiday Designs, a California corporation, to provide holiday decoration installation services for a three-year term in the amount of $123,450 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

1. Approve Contract Services Agreement No. A9071 with Kincaid Industries, Inc., a California corporation, to provide plumbing maintenance and installation services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

2. Approve Contract Services Agreement No. A9070 with California Easy Renovations, Inc., a California corporation, to provide building repair and renovation services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

3. Approve Contract Services Agreement No. A9069 with Allison Mechanical, Inc., a California corporation, to provide HVAC maintenance and installation services for a three-year term in the amount of $600,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

4. Approve Contract Services Agreement No. A9068 with M. Brey Electric, Inc., a California corporation, to provide electrical maintenance and installation services for a three-year term in the amount of $600,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

5. Approve Contract Services Agreement No. A9079 with AJ Fistes Corporation, a California corporation, to provide painting and wallcovering services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

6. Approve Contract Services Agreement No. A9065 with Valley Lock and Safe, Inc., a California corporation, to provide locksmith services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

7. Approve Contract Services Agreement No. A9077 with Al Miller & Sons Roofing Co., Inc., a California corporation, to provide roofing inspection, repair, and installation services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

8. 9. Authorize the City Manager to execute all necessary documents.

April 7, 2022 City Council Regular Meeting Agenda 6
K. SECOND READING AND ADOPTION OF ORDINANCE NO. 2062 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.

RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 2062 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." L. SECOND READING AND ADOPTION OF ORDINANCE NO. 2063 APPROVING THE

ANNUAL UPDATE OF THE PALM SPRINGS ZONING CODE AND MUNICIPAL CODE (CASE 5.1466 ZTA).

RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 2063 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)."
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

April 7, 2022 City Council Regular Meeting Agenda 7

2. PUBLIC HEARINGS:

A. AN APPEAL BY ERIC KRUT OF CARMELITA PROPERTIES LIMITED OF THE

DECISION BY THE PLANNING COMMISSION TO DENY MAJOR ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATION (AMM) APPLICATIONS, CASE

3.4215 MAJ AND CASE 7.1632 AMM, FOR THE CONSTRUCTION OF A 3,278-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH A 10-FOOT FRONT YARD SETBACK AND THE MAXIMUM BUILDING HEIGHT OF 23.6 FEET ON A 15,173-SQUARE-FOOT UNDEVELOPED HILLSIDE PARCEL LOCATED AT 310 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4215 MAJ & CASE 7.1632 AMM)
RECOMMENDATION:

1. Open the appeal hearing and receive testimony.

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

CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY ERIC KRUT

OF CARMELITA PROPERTIES LIMITED AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO DENY MAJOR ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATION (AMM) APPLICATIONS, CASE 3.4215 MAJ AND CASE 7.1632 AMM, FOR THE CONSTRUCTION OF A
3,278-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH THE FRONT YARD SETBACK OF 10 FEET AND THE MAXIMUM BUILDING HEIGHT OF 23.6 FEET ON AN UNDEVELOPED HILLSIDE PARCEL LOCATED AT 310 WEST
CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4215 MAJ & CASE

7.1632 AMM).”

2. Alternatively, adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE PLANNING COMMISSION’S DECISION TO DENY AND APPROVING MAJOR

ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATION (AMM) APPLICATIONS, CASE 3.4215 MAJ AND CASE 7.1632 AMM, FOR THE CONSTRUCTION OF A 3,278-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH THE FRONT YARD SETBACK OF 10 FEET AND THE MAXIMUM BUILDING HEIGHT OF 23.6 FEET ON AN UNDEVELOPED HILLSIDE PARCEL LOCATED AT 310 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4215 MAJ & CASE 7.1632 AMM).”

3. April 7, 2022 City Council Regular Meeting Agenda 8
B. AN APPEAL BY ERIC KRUT OF CARMELITA PROPERTIES LIMITED OF THE

DECISION BY THE PLANNING COMMISSION TO DENY MAJOR ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATIONS (AMM) APPLICATIONS, CASE 3.4216 MAJ AND CASE 7.1633 AMM, FOR THE CONSTRUCTION OF A 3,344-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH A 10-FOOT FRONT YARD SETBACK AND THE MAXIMUM BUILDING HEIGHT OF 25.8 FEET ON A 11,206-SQUARE-FOOT UNDEVELOPED HILLSIDE PARCEL LOCATED AT 322 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4216 MAJ & CASE 7.1633 AMM)
RECOMMENDATION:

1. Open the appeal hearing and receive testimony.

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

CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY ERIC KRUT

OF CARMELITA PROPERTIES LIMITED AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO DENY MAJOR ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATION (AMM) APPLICATIONS, CASE 3.4216 MAJ AND CASE 7.1633 AMM, FOR THE CONSTRUCTION OF A
3,344-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH THE FRONT YARD SETBACK OF 10 FEET AND THE MAXIMUM BUILDING HEIGHT OF 25.8 FEET ON AN UNDEVELOPED HILLSIDE PARCEL LOCATED AT 322 WEST
CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4216 MAJ & CASE

7.1633 AMM).”

2. Alternatively, adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE PLANNING COMMISSION’S DECISION TO DENY AND APPROVING MAJOR

ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATION (AMM) APPLICATIONS, CASE 3.4216 MAJ AND CASE 7.1633 AMM, FOR THE CONSTRUCTION OF A 3,344-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH THE FRONT YARD SETBACK OF 10 FEET AND THE MAXIMUM BUILDING HEIGHT OF 25.8 FEET ON AN UNDEVELOPED HILLSIDE PARCEL LOCATED AT 322 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4216 MAJ & CASE 7.1633 AMM).”

3. April 7, 2022 City Council Regular Meeting Agenda 9

3. BUSINESS & LEGISLATIVE:

A. COLLEGE OF THE DESERT PRESENTATION AND DISCUSSION
B. GIFT TERM SHEET IN THE AMOUNT OF $5,000,000 WITH DAVID LEE FOR THE

RESTORATION OF THE PALM SPRINGS PLAZA THEATRE
RECOMMENDATION:

Approve Gift Term Sheet between City of Palm Springs, The Palm Springs Plaza Theatre Foundation, and David Lee Foundation #2 regarding a Five Million Dollar ($5,000,000) Gift for the historic Palm Springs Plaza Theatre.

1. Authorize the City Manager to execute the Term Sheet, as well as a Gift Agreement, consistent with the Term Sheet, in a form acceptable to the City Manager and City Attorney.

2. C. INCREASE ANNUAL LIMIT FOR HOUSING CONSULTANT SERVICES AGREEMENT

WITH LESAR DEVELOPMENT CONSULTANTS
RECOMMENDATION:

Authorize the City Manager to increase the Contract Service Agreement with LeSar Development Consultants for an amount not to exceed $255,000 annually with up to three additional years, for a total amount of $875,000.

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

D. 2007 GENERAL PLAN LIMITED UPDATE – A REVIEW OF REVISIONS TO THE

GENERAL PLAN VISION AND PRIORITY STATEMENTS AND THE DRAFT LAND USE PLAN
RECOMMENDATION:

1. Provide direction as appropriate on proposed Vision and Priority statements for the 2040 General Plan.

2. Provide direction as appropriate on proposed Land Use Plan for the 2040 General Plan.

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.

April 7, 2022 City Council Regular Meeting Agenda 10
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 April 1, 2022, and posted on the City’s website as required by established policies and procedures.

____________________________
Brent Rasi,
Deputy City Clerk

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

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

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

April 7, 2022 City Council Regular Meeting Agenda 11

CITY COUNCIL STAFF REPORT
04/07/2022
City Clerk -

SUBJECT
3:30 P.M. CLOSED SESSION
Attachments
2022-04-07 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, April 7, 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) Four (4) matters that, under the existing circumstances, the City Attorney believes create 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
04/07/2022 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: April 7, 2022 CONSENT CALENDAR
SUBJECT: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 FROM: Justin Clifton, City Manager
BY: Monique Lomeli, Interim City Clerk
RECOMMENDATION:

BACKGROUND:

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

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

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

City Staff and the City Attorney’s Office believe that these findings can be made. Although the Governor’s Executive Orders dealing with virtual meetings have expired, the original state of emergency for COVID-19 is still in effect. In addition, the California 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
April 7, 2022 -- Page 2
Virtual Meetings Under AB 361
As such, City Staff 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
04/07/2022 1. B.

City Clerk -

SUBJECT

CULTURALLY STRONG MURAL PROJECT
RECOMMENDATION:

Approve a budget allocation of $55,000 from the Public Arts Fund for the Culturally Strong mural project.

Attachments
Item 1B

CITY COUNCIL STAFF REPORT
DATE: APRIL 7, 2022 CONSENT CALENDAR
SUBJECT: CULTURALLY STRONG MURAL PROJECT
FROM: Justin Clifton, City Manager
BY: Community & Economic Development
SUMMARY:

The Public Arts Commission is requesting approval of $55,000 for the Culturally Strong mural project (ATTACHMENT 1) in the Downtown Parking Garage located northwest of Museum Way and Belardo Road. The project will be led by one creative director and six to seven muralists representing different ethnicities, gender identities, sexual orientations, religions, abilities, and economic backgrounds.

RECOMMENDATION:

Approve a budget allocation of $55,000 from the Public Arts Fund for the Culturally Strong mural project.

BACKGROUND:

The intention of this project is to make every Palm Springs resident and visitor from diverse backgrounds feel welcomed, inspired, and proud to be a part of a diverse city; to motivate leaders committed to promoting equity and inclusion; and to spark curiosity and self-recognition in the next generation of City leaders and residents. In a collagelike measure, the mural will depict the collaborative evolution of the Palm Springs identity, threading together resident representation from over the past 100 years.

One creative director will lead multiple artists with individual creative styles and representing a range of ethnicities, gender identities, sexual orientations, religions, abilities, and economic backgrounds. Under the guidance of the creative director, the artists will collaboratively sketch several renderings, incorporating symbolism, color, concepts, and notable Palm Springs residents such as Lawrence Crossley and Nellie Coffman, but also enable room for each viewer to connect and create their own personal meaning.

Once funding for this project is approved, muralists will be solicited, and design work will begin. Each mural will be subject to the City’s mural ordinance which requires a mural Item 1B - 1
City Council Staff Report
April 7, 2022 -- Page 2
Culturally Strong Mural Project
application be submitted to the Planning Department, the Public Arts Commission hold a public hearing on the proposed murals, and the City Council provides final approval on the mural.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

The recommended action is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378.

FISCAL IMPACT:

The Culturally Strong Mural Program would be funded by the Public Arts Fund in an amount not to exceed $55,000. There are sufficient funds in the Public Arts Funds for this activity in Fiscal Year 2022. The funds would be applied as follows:
2 lower walls, 2 artists @ $4,000 each $ 8,000
horizontal upper wall one artist @ $5,000 each $ 5,000
two upper walls, 4 artists @ $7,500 each $ 30,000
(Seven muralists in total)
Creative direction/ project management $ 5,000
34' Boom lift for 2 weeks @ $2,000 $ 4,000
Permit fee @ $3,000 $ 3,000
Total $ 55,000
REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:

1. Public Arts Commission Culturally Strong Mural
Item 1B - 2
ATTACHMENT 1

CULTURALLY STRONG MURAL PROPOSAL
Item 1B - 3
PALM SPRINGS: CULTURALLY STRONG
An immersive mural in the parking garage at the Downtown Park proposed by The Palm Springs Public Arts Commission
Murals bring art and community representation into the public arena.

The intention of this project is to make every Palm Springs resident and visitor from diverse backgrounds feel welcomed, inspired and proud to be a part of a diverse city; to motivate leaders committed to promoting equity and inclusion; and to spark curiosity and self-recognition in the next generation of city leaders and residents.

In a collage-like measure, this mural will depict the collaborative evolution of the Palm Springs identity, threading together resident representation from over the past 100 yrs, to create one immersive visual that bursts with vibrant color, modernism and realism.

Led by one creative director, multiple muralists will be used, each a slice of the Palm Springs spirit and identity through a range of ethnicities, gender identities, sexual orientations, religions, abilities, and economic backgrounds—each with an individual creative style.

All 6-7 artists, led by the project leader, will then collaboratively sketch several renderings, incorporating symbolism, color, concepts and notable Palm Springs residents. This will incorporate imagery viewers will recognize, such as prominent city leaders like Lawrence Crossley and Nellie Coffman, but also enable room for each viewer to connect and create their own personal meaning.

The overall impact will be unified through one cohesive color palate, for example a pink flower at the beginning of the mural representing the agricultural worker, could then be reinforced later in symbolism of Mid-Century architecture. This connectivity will reinforce how natural art and man-made culture are implicitly ingrained in the Palm Springs community identity.

Each outer wing of the garage wall will simultaneously initiate the historical progression of the natural beauty of the area, showing the first residents, the workers, and the visitors, the trinity that is the foundation of Palm Springs.

Near the center of the mural, as the two wings meet at the top of the garage, a bold graphic of “PALM SPRINGS: CULTURALLY STRONG” will anchor the visual experience.

There will also be two internal street level murals, representing a key portion of this experience, welcoming people and directing them to explore the upper level mural.

Item 1B - 4
This project will be dually designed to not only visually overwhelm and welcome visitors in person, but also to encourage social media sharing, enabling viewers to be an emissary of the history of Palm Springs.

Budget:
2 lower walls , 2 artists @$4k each $8k
horizontal upper wall one artist @$5k $5k
two uppers walls 4 artists @$7.5k $30k
(Seven muralists in total)
Creative direction/project management $5k
34' Boom lift 2 weeks @$2k $4k
Permit fee @$3k $3k
Total $55k
Item 1B - 5
Timing:

Once budget is approved by City Hall, muralists will be solicited and design work will begin.

No physical work will begin until final designs have been approved by City Council.

At that point, this project should entail one month production time.

We live in an artists’ community. This mural will convey the welcoming message of hope and acceptance that is the foundation of our incredible, culturally strong city, and illustrate how we can all unite as one through art.

Item 1B - 6

CITY COUNCIL STAFF REPORT
04/07/2022 1. C.

City Clerk -

SUBJECT

APPROVE A NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT WITH

ALCLEAR, LLC DBA CLEAR, FOR BIOMETRIC PASSENGER SCREENING

SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

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

Attachments
Item 1C

CITY COUNCIL STAFF REPORT
DATE: APRIL 7, 2022 CONSENT CALENDAR
SUBJECT: APPROVE A NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT

WITH ALCLEAR, LLC DBA CLEAR, FOR BIOMETRIC PASSENGER

SCREENING SERVICES AT THE PALM SPRINGS INTERNATIONAL

AIRPORT

FROM: Justin Clifton, City Manager
BY: Department of Aviation
______________________________________________________________________ SUMMARY:

Staff is recommending approval of a Non-Exclusive Operating and Lease Agreement with Alclear, LLC dba CLEAR, to provide biometric verifications of subscribing departing passengers at the Palm Springs International Airport. This will help expedite the TSA security checkpoint processes for CLEAR members, alleviate congestion, and will generate revenues for the Airport.

RECOMMENDATION:

1. Approve a Non-Exclusive Operating and Lease Agreement with Alclear, LLC dba CLEAR (Attachment A), consisting of a one-year term from April 1, 2022, to March 31, 2023, with two one-year extension options, generating a yearly space rent of $14,271.96 and $.75 per passenger using CLEAR biometric screening services.

2. Authorize the City Manager to execute all documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Business Principal Disclosure (Attachment B) and a Statement of Information filed with the California Secretary of State, Alclear, LLC dba CLEAR, is a Limited Liability Company registered in the state of Delaware and its officers are Caryn Seidman-Becker and Kenneth Cornick.

BACKGROUND:

In 2019, a total of 1,287,474 departing passengers used the security checkpoint, a record number for the Palm Springs International Airport. During certain periods, this resulted in congestion at the security checkpoint. While air travel declined across the industry in 2020 Item 1C - 1
City Council Staff Report
April 7, 2022 -- Page 2
Agreement with Alclear, LLC dba CLEAR for Biometric Screening at PSP due to the COVID-19 pandemic, since July 2021, the Airport has experienced six consecutive months of all-time growth. With this recovery and the expected future growth, the need for security screenings will increase, creating longer lines and capacity constraints. Not meeting this increase could result in lower satisfaction rates among travelers.

STAFF ANALYSIS:

To accommodate this growing demand and the accompanying security screening requirements, the Airport has been in discussions with CLEAR to provide its biometric identity verification services. This will be provided as a complement to the existing security screening provided by the TSA.

CLEAR provides secure identity verification in 40 airports throughout the United States (Figure 1). In California, CLEAR is present at the Los Angeles, Oakland, Sacramento, San Francisco, and San Jose airports. CLEAR helps passengers get through airport security quickly and more securely. Members enroll their biometrics (irises, face, and fingerprints) and required documentation. At the airport screening pods, members scan their boarding pass, verify their identity by a scan of their chosen biometrics, and are then escorted directly to TSA physical screening by using a dedicated CLEAR lane.

CLEAR is SAFETY Act Certified by the Department of Homeland Security (DHS) as a Qualified Anti-Terrorism Technology. Its platform has been designated FISMA-High, the highest government cyber compliance rating available for protecting sensitive data.

Figure 1 - CLEAR Locations in the United States
The terms of the contract would see revenue generated for the Airport for each passenger whose identity was verified by CLEAR. The terms of the agreement with CLEAR would Item 1C - 2
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City Council Staff Report
April 7, 2022 -- Page 3
Agreement with Alclear, LLC dba CLEAR for Biometric Screening at PSP include the following:
• A one-year term, with two one-year extension options for the Airport • Revenue to the Airport of $0.75 per Unique Member Verification (UMVF) (as defined in the contract)
• Rent at a fixed rate for support space (pre-security) including the screening pods location and an office for a yearly total of $14,271.96 Based on travel trends and airport enplanements, CLEAR expects the following annual impacts over the initial one-year term with the added two-years:

Year Estimated Unique Member
Verifications (UMVF)
Revenue to Airport at $.75 per
UMVF
1 96,160 $72,120
2 120,200 $90,150
3 130,677 $98,007
The contract is also expected to create 20 - 25 jobs for the community.

The expedited security screening option of CLEAR is expected to ease capacity constraints and to improve passenger flows at the security checkpoint. CLEAR’s verification lane will reduce the number of passengers using the traditional TSA screening, improving the speed and security experience for all passengers at the Airport.

At its meeting on March 16, 2022, the Airport Commission recommended the approval of this agreement.

FISCAL IMPACT:

This action will result in Airport annual revenues of $14,271.96 for rental space and approximately $72,000 for Unique Member Verifications for the first year of the agreement term.

REVIEWED BY:

Department Director: Harry Barrett, Jr.

City Attorney: Mark Velasquez
City Manager: Justin Clifton
ATTACHMENTS:

A. Non-Exclusive Operating and Lease Agreement
B. Public Integrity Disclosure Form
Item 1C - 3
55575.38160\33541079.1
1 Alclear, LLC dba CLEAR
NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No.

FOR TERMINAL USE SPACE AT

PALM SPRINGS INTERNATIONAL AIRPORT
THIS LEASE (“Lease”) is made and entered into this 1st day of April, 2022, by and between the CITY OF PALM SPRINGS, a charter city and municipal corporation (“Lessor”), and Alclear, LLC dba CLEAR, a Delaware Corporation (“Lessee”) registered in the State of California. City and Lessee may herein be referred to individually as a “Party” and collectively as “Parties.”
R E C I T A L S:

A. Lessee desires to lease terminal use space at Palm Springs International Airport (“Airport”) to operate a Non-Aeronautical Commercial Activity consisting of a Registered Travel Program providing expedited security screening for passengers who are registered for Lessee’s membership service.

B. City believes that the travelers using the City’s airport terminal would benefit from these related services.

NOW THEREFORE, City and Lessee mutually agree as follows:

AGREEMENT

1.0 LEASE SUMMARY. Certain fundamental lease provisions are presented in this Section and represent the agreement of the parties, subject to further definition and elaboration in the respective referenced Sections and elsewhere in this Lease. In the event of any conflict between any fundamental lease provision and the balance of this Lease, the latter shall control. References to specific Sections are for convenience only and designate some of the Sections where references to the particular fundamental lease provisions may appear.

1.1 Demised Premises. The “Demised Premises” shall refer to that certain property consisting of 120 square feet of terminal space which will be occupied by screening pods and located in the Palm Springs International Airport terminal building and more particularly described in Exhibit “A” attached hereto, and 200 square feet of office space in the terminal building more particularly described in Exhibit “B” attached hereto.

1.2 Lease Term. The term of this lease shall commence on April 01, 2022 and shall terminate on March 31, 2023. Subject, however, to earlier termination Item 1C - 4
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2 by Lessee or the City with thirty (30) days advance written notice, or as otherwise provided in this Lease.

1.3 Extension Option. Lessee may have the right to renew the Lease for two one-year terms which may be exercised by providing written intent to Lessor no less than thirty (30) days prior to the expiration of the Lease term or renewal period. The rental payments for any extension shall be calculated as indicated in Section 1.4.

1.4 Lease Rental Payments. Rental payment is due on the first day of each month of the agreement in the amount of $446.00 for terminal lobby space (120 square feet) and $743.33 for terminal office space (200 square feet) for a total monthly rent of $1,189.33. The monthly rent shall be adjusted on April 1 of each year in an amount equal to the increase in the consumer price index for All-Urban Consumers (CPI-U) in Riverside County, CA, for the month of January preceding the adjustment date as compared to the preceding base index. In the event the CPI-U is not published for Riverside County for the applicable timeframe, the lower of the CPI for either the Los Angeles or San Diego areas may be used. City shall send written notice of the applicable rent increase of each successive year along with documentation evidencing the calculation to arrive at that figure.

In addition, Lessee agrees to remit to Lessor a $0.75 fee for each Unique Member Verification performed in a particular month as measured by Lessor’s automated data warehouse. This term shall not include duplicate transactions, Lessor’s employee verifications, verifications made for testing or quality control purposes, or demonstration verifications.

Within fifteen (15) days after the end of each calendar month of the term hereof, commencing with the fifteenth (15th) day of the month following the Commencement Date, and ending with the fifteenth (15th) day of the month succeeding the last month of the Lease term, Lessee shall furnish Lessor a monthly report certified by Lessor to be correct, showing all transactions during the month and designating each type of transaction including the excluded transactions listed herein with sufficient details, and shall accompany each such statement with a payment to Lessor.

1.5 Security Deposit. N/A

1.6 Use of Premises. Lessee shall use and occupy the Premises for the purpose of providing a Registered Travel Program offering expedited security screening for passengers who are registered for Lessee’s membership service.

1.7 Rental Remittance Address: Rent payments shall be made out to the City of Palm Springs and mailed to:

Accounts Receivable
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Item 1C - 5
55575.38160\33541079.1
3 Unique Member Verification (UMFV) monthly reports and payments made out to the City of Palm Springs or Palm Springs International Airport shall be mailed to:

Accounts Receivable
Palm Springs International Airport
3400 E. Tahquitz Canyon Way – Suite 1
Palm Springs, CA 92262

2.0 TERM.

2.1 Term. The term of this Lease shall commence on the date specified in Section 1.3 (“Commencement Date”) and shall continue for the period specified therein unless earlier terminated as provided herein.

2.2 Reserved.

2.3 Time. Time is of the essence for this Lease.

2.4 Force Majeure. If either party shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, restrictive governmental laws or regulations or other cause without fault and beyond the control of the party obligated (financial inability excepted), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay, provided such party provides the other party written notice of such event within ten (10) days of the commencement of the prompt payment of any rental or other charge required of Lessee hereunder except as may be expressly provided elsewhere in this Lease.

2.5 Termination by Lessor. Lessor shall have the right to terminate this Lease by providing Lessee with at least thirty (30) days advance written notice. If Lessor terminates this Lease as provided in this Section, Lessee hereby waives any right to receive any other compensation from Lessor, including, but not limited to, the value of Lessee’s leasehold interest, loss of goodwill and relocation benefits, inverse condemnation or the taking of property and Lessor shall have no obligation to pay Lessee therefor.

2.6 Holding Over. Any holding over with the consent of Lessor, express or implied, shall be construed to be a tenancy from month-to-month, cancelable upon thirty (30) days’ written notice, and at a monthly rental equal to one hundred and fifty percent (150%) of the monthly rental in effect at the expiration of the contract services agreement.

2.7 Termination by Lessee. Lessee shall have the right to terminate this Lease by providing Lessor with at least thirty (30) days advance written notice. If Lessee terminates this Lease as provided in this Section, Lessee hereby waives any Item 1C - 6
55575.38160\33541079.1
4 right to receive any other compensation from Lessor, including, but not limited to, the unamortized value of Lessee’s leasehold improvements, Lessee’s leasehold interest, loss of goodwill and relocation benefits, inverse condemnation or the taking of property and Lessor shall have no obligation to pay Lessee therefor.

3.0 RENTAL.

3.1 Monthly Rental. Lessee shall pay to Lessor, during the term of this Lease from and after the Commencement Date, as monthly rental (“Monthly Rental”) for the Premises the sum specified in Section 1.4 hereof, which sum shall be paid in advance on the first day of each calendar month. In the event the Commencement Date does not occur on the first day of a calendar month, the Lessee shall pay the rental for the fractional month on the Commencement Date on a per diem basis, calculated on a thirty (30) day month. All rental to be paid by Lessee to Lessor shall be in lawful money of the United States of America and shall be paid without deduction or offset, prior notice or demand, at the address designated in Section 1.7 hereof.

3.3 Additional Rental. For the purposes of this Lease, all monetary obligations of Lessee under this Lease, including but not limited to, insurance premiums, property taxes, maintenance expenses, late charges and utility costs shall be deemed to be additional rental.

3.4 Real Property Taxes. Lessee shall pay, at the election of Lessor, either directly to the taxing authority or to Lessor, annual real estate taxes and assessments levied upon the Premises (including any possessory interest taxes), as well as taxes of every kind and nature levied and assessed in lieu of, in substitution for, or in addition to, existing real property taxes. Such amount shall be paid on the date that is twenty (20) days prior to the delinquent date or, if Lessor receives the tax bill, ten (10) days after receipt of a copy of the tax bill from Lessor, whichever is later. Even though the term of this Lease has expired and Lessee has vacated the Premises, when the final determination is made of Lessee’s share of such taxes and assessments, Lessee shall immediately pay to Lessor the amount of any additional sum owed.

3.5 Personal Property Taxes. Lessee shall pay, prior to delinquency all taxes assessed against and levied upon fixtures, furnishings, equipment and all other personal property of Lessee contained in the Premises, and when possible Lessee shall cause said fixtures, furnishings, equipment and other personal property to be assessed and billed separately from the real property of Lessor.

3.6 Utilities. All cost of water, gas, heat, electricity, and sewer services used in, upon, or about the Premises of the Terminal described in Exhibit B shall be paid by the City. Lessee shall pay all telephone, internet, cable television, satellite, broadband and other telecommunications services. Lessee shall be responsible for all utilities and waste services in the overflow parking lot described in Exhibit A. At no time shall the City be responsible for medical waste management or removal of medical waste.

Item 1C - 7
55575.38160\33541079.1
5 3.7 Late Payment. Lessee hereby acknowledges that late payment by Lessee to Lessor of rental or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease. Such costs include, but are not limited to, processing and accounting charges. Accordingly, any payment of any sum to be paid by Lessee not paid within ten (10) days of its due date, shall be subject to a five percent (5%) late charge. Lessor and Lessee agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Lessor for its loss suffered by such late payment by Lessee. Sixty (60) days before the anniversary date each year the City shall notify the Lessee of any outstanding delinquency, which must be cured prior to the anniversary date or the City may exercise its right of termination under section 2.5 and terminate the lease.

3.8 Interest. Until and unless Lessor commences an action to recover moneys owed, any sum to be paid pursuant to the terms of this Lease not paid when due shall bear interest from and after the due date until paid at a rate equal to three percent (3%) over the reference rate being charged by Bank of America, N.A. from time to time during such period, so long as the rate does not exceed the maximum nonusurious rate permitted by law in which case interest shall be at the maximum nonusurious rate allowed by law at the time the sum became due. If Lessor commences an action to recover moneys owed then any sum to be paid pursuant to the terms of this Lease not paid when due shall bear interest rate equal to ten percent (10%).

4.0 USE OF THE PREMISES.

4.1 Permitted Use. The Lessor hereby leases to Lessee and Lessee leases from Lessor the Premises with appurtenances as defined herein, for the purpose of conducting thereon only the use specified in Section 1.6 of this Lease and for no other use. No signs posters or similar devices shall be erected, displayed, or maintained by the Lessee in view of the general public without advance written notice of the Airport Executive Director.

4.2 Prohibited Use. The operations of the Lessee shall be conducted in an orderly and proper manner and so as not to annoy, disturb, or be offensive to others at the Airport, in any way obstruct or interfere with the rights of other tenants or occupants.

4.3 Compliance with Laws. Lessee shall, at his own cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force or which may hereafter be in force pertaining to the use of the Premises, and shall faithfully observe in said use all municipal ordinances, including, but not limited to, the General Plan and zoning ordinances, state and federal statutes, or other governmental regulations now in force or which shall hereinafter be in force. Lessee’s violation of law shall constitute an incurable default under this Lease. The judgment of any court of competent jurisdiction, or the admission of Lessee in any action or proceeding against Lessee, whether Lessor is a party or not, that Lessee has violated any such order or statute in said use, shall be conclusive of that fact as between the Lessor and Lessee.

Item 1C - 8
55575.38160\33541079.1
6 Lessee shall not engage in any activity on or about the Premises that violates any Environmental Law, and shall promptly, at Lessees sole cost and expense, take all investigatory and/or remedial action required or ordered by any governmental agency or Environmental Law for clean-up and removal of any contamination involving any Hazardous Material created or caused directly or indirectly by Lessee. The term “Environmental Law” shall mean any federal, state or local law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environmental conditions on, under or about the Demised Premises, including, without limitation, (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C. Sections 9601 et seq.; (ii) the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. Sections 6901 et seq.; (iii) California Health and Safety Code Sections 25100 et seq.; (iv) the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et seq.; (v) California Health and Safety Code Section 25359.7; (vi) California Health and Safety Code Section 25915; (vii) the Federal Water Pollution Control Act, 33 U.S.C. Sections 1317 et seq.; (viii) California Water Code Section 1300 et seq.; and (ix) California Civil Code Section 3479 et seq., as such laws are amended and the regulations and administrative codes applicable thereto. The term “Hazardous Material” includes, without limitation, any material or substance which is (i) defined or listed as a “hazardous waste”, “extremely hazardous waste”, “restrictive hazardous waste” or “hazardous substance” or considered a waste, condition of pollution or nuisance under the Environmental Laws; (ii) petroleum or a petroleum product or fraction thereof; (iii) asbestos; and/or (iv) substances known by the State of California to cause cancer and/or reproductive toxicity. It is the intent of the parties to construe the terms “Hazardous Materials” and “Environmental Laws” in their broadest sense. Lessee shall provide all notices required pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et seq. Lessee shall provide prompt written notice to Lessor of the existence of Hazardous Substances on the premises and all notices of violation of the Environmental Laws received by Lessee.

4.4 Operations for the benefit of Public. Lessee agrees to operate the Demised Premises for the use and benefit of the Public, to make available all Lessee facilities to the public, without discrimination on the grounds of sex, race, color, or national origin. Nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958, as amended.

4.5 Public Facilities, Ingress, Egress and Quiet Enjoyment. City agrees that Lessee, upon payment of the rental hereunder and performing the covenants of the Lease, may quietly have, hold and enjoy the Demised Premises during the term of the Lease, and that Lessee shall have the non-exclusive right to use, in common with others, the public at the Airport and Lessee shall have a reasonable right of ingress and egress from the Demised Premises and the public facilities for its employees, visitors and customers.

4.6 Hours of Business. Subject to the provisions of Section 7.0 hereof, Lessee shall continuously during the entire term hereof conduct and carry on Lessee’s Item 1C - 9
55575.38160\33541079.1
7 business in the Premises. Lessee shall keep the Premises open for business and cause Lessee’s business to be conducted therein at least sixty minutes (60) minutes prior to the first scheduled departure and remain open until the last scheduled departure, seven days a week, 365 days a year, with no closures for any holiday or weekend, subject to any required closures as a result of the occurrence of any condition described at Section 2.4.

4.7 Rules and Regulations. Lessee shall faithfully observe and comply with the rules and regulations that Lessor shall from time to time promulgate and/or modify. Lessee shall observe and comply with the rules and regulations governing the Airport contained in the City of Palm Springs Municipal Code - Title 16, which can be found at: https://library.qcode.us/lib/palm_springs_ca/pub/municipal_code/item/title_16.

Lessee shall faithfully observe and comply with the security responsibilities and regulations set forth by the Federal Aviation Administration, Transportation Security Administration and abide by the Airport Security Program – Appendix 12 “CLEAR Security Responsibilities” which can be found at: https://palmspringsairport.com/wpcontent/uploads/2022/03/PSP-Airport-Security-Program_3-8-22-encrypted-1.pdf. Any amendment or modification of the Rules and Regulations shall be binding upon the Lessee upon delivery of a copy of such amendment or modification to Lessee. Lessor shall not be responsible to Lessee for the nonperformance of any said rules and regulations by any other Lessees or occupants. The Rules and Regulations shall apply and be enforced as to all Lessees in the Premises on a uniform basis.

5.0 INITIAL CONSTRUCTION BY LESSEE - ALTERATIONS AND REPAIRS.

5.1 Initial Construction by Lessee. Lessee shall cause to be designed, constructed, and installed within the Lease Area, at no cost to City, appropriate improvements to adequately accommodate those services and uses described at Section 1.6 herein. Lessee agrees to build additional office space along the easterly portion of the ticket hall as further depicted in Exhibit “B”. All improvements constructed by Lessee shall be constructed in strict compliance with plans approved by the Contract Administrator. When construction of the office space in the terminal building is completed, the actual as-built square footage, location, or configuration of the Premises shall be adjusted and acknowledged in writing by the Lessor and Lessee and incorporated in a revised Exhibit “B”.

5.2 Alterations and Fixtures. Lessee shall not make, or suffer to be made, any alterations to the Premises, or any part thereof, without the prior written consent of Lessor. Any alterations to the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and shall at the expiration or earlier termination of this Lease belong to Lessor. Lessee shall not in any event make any changes to the exterior of the Premises. Any such alterations shall be in conformance with the requirements of all municipal, state, federal, and other governmental authorities, including requirements pertaining to the health, welfare or safety of employees or the public and in conformance with reasonable rules and regulations of Lessor. Any damage occasioned by such removal shall be repaired at Lessee's expense so that the Premises can be surrendered in a good, clean, and sanitary Item 1C - 10
55575.38160\33541079.1
8 condition as required by Section 5.3 hereof. Any and all fixtures and appurtenances installed by Lessee shall conform with the requirements of all municipal, state, federal, and governmental authorities, including requirements pertaining to the health, welfare, or safety of employees or the public. Upon completion of construction of the alterations, Lessee shall submit to Lessor evidence satisfactory to Lessor of the cost of said alterations ("Improvement Costs").

5.3 Maintenance and Repair. Lessee shall, subject to Lessor's obligations hereinafter provided, at all times during the term hereof, and at Lessee's expense, keep, maintain and repair the Premises, and other improvements within the Premises in good and sanitary order, condition, and repair (except as hereinafter provided). Lessor should be notified immediately of any necessary maintenance and repair of any store front, doors, window casements, walls, glazing, heating and air conditioning system, plumbing, pipes, electrical wiring and conduits. Lessee hereby waives all right to make repairs at the expense of Lessor, and Lessee hereby waives all rights provided for by the Civil Code of the State of California to make said repairs. By entering into the Premises, Lessee shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair. Lessee agrees on the last day of said term, or sooner termination of this Lease, to surrender the Premises with appurtenances, in the same condition as when received and in a good, clean and sanitary condition, reasonable use and wear thereof and damage by fire, act of God or by the elements excepted. Lessee shall periodically sweep and clean the sidewalks adjacent to the Premises, as needed. Upon Lessee's possession of the Premises, Lessee shall be deemed to have accepted the Premises as being in good condition and repair.

Lessee agrees that it will not, nor will it authorize any person to, go onto the roof of the building of which the Premises are a part without the prior written consent of Lessor. Said consent will be given only upon Lessor's satisfaction that any repairs necessitated as a result of Lessee's action will be made by Lessee at Lessee's expense and will be made in such a manner so as not to invalidate any guarantee relating to said roof.

5.4 Free from Liens. Lessee shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Lessee or alleged to have been incurred by Lessee.

6.0 INSURANCE AND INDEMNIFICATION.

6.1 Insurance. Prior to its ability to access the Demised Premises, Lessee will provide City with proof of insurance, at Lessee’s sole cost and expense, to remain in full force and effect during the entire term of this lease. The following policies of insurance shall be maintained:

6.2 Insurance Provided by Lessee. Comprehensive or Commercial Form General Liability Insurance shall include the following minimal limits:

Item 1C - 11
55575.38160\33541079.1
9 a. General Liability including operations, products and completed operations $1,000,000 each occurrence for bodily injury, personal injury and property damage/$2,000,000 aggregate. Additional insured, primary and noncontributory language / waiver of subrogation in favor of City, its elected officials, employees, and agents.
b. Automobile $1,000,000 for each accident; Additional insured, primary and noncontributory language / waiver of subrogation
c. Workers Compensation, $1,000,000 each accident; Waiver of subrogation.
d. Property Liability; $1,000,000 minimum combined single limit for property damage. Must include coverage for contractual liability, personal injury, independent contractors, property damage, products and completed operations.

6.3 Notices. The policies shall provide for a thirty (30) day notice to the City prior to termination, cancellation, or change.

6.4 Minimum Limits. If, in the City's opinion, the minimum limits of the insurance herein required have become inadequate during the period of this Agreement, the Concessionaire shall increase such minimum limits by reasonable amounts on request of the City provided that said coverage is available at standard commercial rates.

6.5 General Provisions Applicable to Lessee’s Insurance. All of the policies of insurance required to be procured by Lessee pursuant to this Section 6.2 shall be primary insurance and shall name the Lessor, its officers, employees and agents as additional insureds. The insurers shall waive all rights of contribution they may have against the Lessor, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days prior written notice by registered mail to the Lessor. Prior to the Commencement Date or such earlier date as Lessee ant takes possession of the Premises for any purpose; and at least thirty (30) days prior to the expiration of any insurance policy, Lessee shall provide Lessor with certificates of insurance or appropriate insurance binders evidencing the above insurance coverages written by insurance companies acceptable to Lessor, licensed to do business in the state where the Premises are located and rated A: VII or better by Bests Insurance Guide. In the event the Risk Manager of Lessor ("Risk Manager") determines that (i) the Lessee's activities in the Premises creates an increased or decreased risk of loss to the Lessor, (ii) greater insurance coverage is required due to the passage of time, or (iii) changes in the industry require different coverages be obtained, Lessee agrees that the minimum limits of any insurance policy required to be obtained by Lessee may be changed accordingly upon receipt of written notice from the Risk Manager, provided that Lessee shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of Lessor within ten (10) days of receipt of notice from the Risk Manager. Lessor and Lessee hereby waive any rights each may have against the other on account of any Item 1C - 12
55575.38160\33541079.1
10 loss or damage occasioned by property damage to the Premises, its contents, or Lessee’s trade fixtures, equipment personal property or inventory arising from any risk generally covered by insurance against the perils of fire, extended coverage, vandalism, malicious mischief, theft, sprinkler damage, and earthquake sprinkler leakage. Each of the parties, on behalf of their respective insurance companies insuring such property of either Lessor or Lessee against such loss, waives any right of subrogation that it may have against the other. The foregoing waivers of subrogation shall be operative only so long as available in California and provided further that no policy is invalidated thereby.

6.6 Indemnification of Lessor. Lessee, as a material part of the consideration to be rendered to Lessor under this Lease, hereby waives all claims against Lessor for damage to equipment or other personal property, trade fixtures, leasehold improvements, goods, wares, inventory and merchandise, in, upon or about the Premises and for injuries to persons in or about the Premises, from any cause arising at any time.

Lessee agrees to indemnify the Lessor, its elected officials, officers, agents, public officials, volunteers, and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the performance of the work, operations or activities of Lessee, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the use of the Premises or the common area by Lessee or its employees and customers, or arising from the failure of Lessee to keep the Premises in good condition, as herein provided, or arising from the negligent acts or omissions of Lessee hereunder, or arising from Lessee's negligent performance of or failure to perform any term, provision covenant or condition of this Lease, whether or not there is concurrent passive or active negligence on the part of the Lessor, its officers, agents, public officials, volunteers, or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the Lessor, its officers, agents, public officials, volunteers, or employees, who are directly responsible to the Lessor, and in connection therewith:
(a) Lessee will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(b) Lessee will promptly pay any judgment rendered against the Lessor, its officers, agents, public officials, volunteers, or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Lessee hereunder, and Lessee agrees to save and hold the Lessor, its officers, agents, public officials, volunteers, and employees harmless therefrom;
(c) In the event the Lessor, its elected officials, officers, agents. public officials, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Lessee for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Lessee Item 1C - 13
55575.38160\33541079.1
11 hereunder, Lessee agrees to pay to the Lessor, its officers, agents, public officials, volunteers, or employees, any and all costs and expenses incurred by the Lessor, its officers, agents. public officials, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees.

7.0 ABANDONMENT AND SURRENDER.

7.1 Abandonment. Lessee shall not vacate or abandon the Premises at any time during the term of this Lease. If Lessee shall abandon, vacate or surrender the Premises or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee and left on the Premises shall be deemed to be abandoned, at the option of Lessor, except such property as may be mortgaged to Lessor.

7.2 Surrender of Lease. The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation, shall not work a merger, and shall, at the option of Lessor, terminate all or any existing subleases or sub-tenancies, or may, at the option of Lessor, operate as an assignment to it of any or all of such subleases or sub-tenancies.

8.0 DAMAGE AND DESTRUCTION OF PREMISES.

In the event of (a) partial or total destruction of the Premises during the term of this Lease which requires repairs to the Premises, or (b) the Premises being declared unsafe or unfit for occupancy by any authorized public authority for any reason other than Lessee's act, use or occupation, which declaration requires repairs to the Premises, Lessor shall forthwith make said repairs provided Lessee gives to Lessor thirty (30) days written notice of the necessity therefor. No such partial destruction (including any destruction necessary in order to make repairs required by any declaration made by any public authority) shall in any way annul or void this Lease except that Lessee shall be entitled to a proportionate reduction of Monthly Rental while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Lessee in the Premises. However, if during the last two (2) years of the term of this Lease the Premises are damaged as a result of fire or any other insured casualty to an extent in excess of twenty five percent (25%) of the then replacement cost (excluding foundations), Lessor may within thirty (30) days following the date such damage occurs, terminate this Lease by written notice to Lessee. If Lessor, however, elects to make said repairs, and provided Lessor uses due diligence in making said repairs, this Lease shall continue in full force and effect, and the Monthly Rental shall be proportionately reduced while such repairs are being made as hereinabove provided. Nothing in the foregoing to the contrary withstanding, if the Premises or said building is damaged or destroyed at any time during the term hereof to an extent of more than twenty-five percent (25%) of the then replacement cost (excluding foundations) as a result of a casualty not insured against, Lessor may within thirty (30) days following the date of such destruction terminate this Lease upon written notice to Lessee. If Lessor does not elect to terminate because of said uninsured casualty, Lessor shall promptly rebuild and repair the Premises and/or the building and the Monthly Rental shall be proportionately reduced while such repairs are being made as hereinabove provided. If Lessor elects to Item 1C - 14
55575.38160\33541079.1
12 terminate this Lease, all rentals shall be prorated between Lessor and Lessee as of the date of such destruction. In respect to any partial or total destruction (including any destruction necessary in order to make repairs required by any such declaration of any authorized public authority) which Lessor is obligated to repair or may elect to repair under the terms of this Section, Lessee waives any statutory right it may have to cancel this Lease as a result of such destruction.

9.0 SUBLETTING. Subletting or assignment shall not be allowed.

10.0 DEFAULT.

10.1 Default by Lessee. The occurrence of any one (1) or more of the following events shall constitute a default and breach of this Lease by Lessee: (a) the failure to pay any rental or other payment required hereunder to or on behalf of Lessor more than three (3) days after written notice from Lessor to Lessee that Lessee has failed to pay rent when due; (b) the failure to perform any of Lessee's agreements or obligations hereunder (exclusive of a default in the payment of money) where such default shall continue for a period of thirty (30) days after written notice thereof from Lessor to Lessee which notice shall be deemed to be the statutory notice so long as such notice complies with statutory requirements; (c) the vacation or abandonment of the Premises by Lessee; (d) the making by Lessee of a general assignment for the benefit of creditors; (e) the filing by Lessee of a voluntary petition in bankruptcy or the adjudication of Lessee bankruptcy; (f) the appointment of a receiver to take possession of all or substantially all the assets of Lessee located at the Premises or of Lessee's leasehold interest in the Premises; (g) the filing by any creditor of Lessee of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after filing; or (h) the attachment, execution or other judicial seizure of all or substantially all of the assets of Lessee or Lessee's leasehold where such an attachment, execution or seizure is not discharged within sixty (60) days. Any repetitive failure by Lessee to perform its agreements and obligations hereunder, though intermittently cured, shall be deemed an incurable default. Two (2) breaches of the same covenant within a sixty (60) day period, a notice having been given pursuant to (a) or (b) above for the first breach, or three (3) of the same or different breaches at any time during the term of this Lease for which notices pursuant to (a) or (b) above were given for the first two (2) breaches shall conclusively be deemed to be an incurable repetitive failure by Lessee to perform its obligations hereunder.

In the event of any such default or breach by Lessee, Lessor may at any time thereafter, without further notice or demand, rectify or cure such default, and any sums expended by Lessor for such purposes shall be paid by Lessee to Lessor upon demand and as additional rental hereunder. In the event of any such default or breach by Lessee, Lessor shall have the right (i) to continue the lease in full force and effect and enforce all of its rights and remedies under this Lease, including the right to recover the rental as it becomes due under this Lease, or (ii) Lessor shall have the right at any time thereafter to elect to terminate the Lease and Lessee's right to possession thereunder.

Item 1C - 15
55575.38160\33541079.1
13 10.2 No Waiver. Acceptance of rental hereunder shall not be deemed a waiver of any default or a waiver of any of Lessor's remedies.

10.3 Lessor's Default. Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be deemed in default if Lessor commences performance within a thirty (30) day period and thereafter diligently prosecutes the same to completion. In no event shall Lessee have the right to terminate this Lease as a result of Lessor's default and Lessee's remedies shall be limited to damages and/or an injunction.

11.0 CONDEMNATION.

In the event a condemnation or a transfer in lieu thereof results in a taking of any portion of the Premises, Lessor may, or in the event a condemnation or a transfer in lieu thereof results in a taking of twenty-five percent (25%) or more of the Premises, Lessee may, upon written notice given within thirty (30) days after such taking or transfer in lieu thereof, terminate this Lease. Lessee shall not be entitled to share in any portion of the award and Lessee hereby expressly waives any right or claim to any part thereof.

Lessee shall, however, have the right to claim and recover, only from the condemning authority (but not from Lessor), any amounts necessary to reimburse Lessee for the cost of removing stock and fixtures. If this Lease is not terminated as above provided, Lessor shall use a portion of the condemnation award to restore the Premises.

12.0 MISCELLANEOUS.

12.1 Reservation of Right to Modify Property. Lessor hereby reserves the right (but not the obligation) to renovate, modernize, rehabilitate, expand, reduce, reconfigure, enclose and/or otherwise alter all or any portion of the Premises (collectively "Modifications"), in such manner and at such time or times, throughout the term of this Lease, as Lessor may, in its sole and absolute discretion, deem to be in the best interests of the Property. Such Modifications may include, without limitation, the right to construct new buildings on the Property for additional uses, to remove, renovate, repair, add to, modernize or otherwise alter the building in which the Premises are situated as well as other buildings, facilities, structures, malls, walkways, landscaping, parking and common areas or other areas within the Property. In connection with any and all such Modifications, Lessor may enter the Premises to the extent reasonably required by Lessor to pursue and complete such Modifications. In addition, Lessor may temporarily close portions of the parking and common areas and cause temporary obstructions in connection with any Modifications. Lessee agrees that under no circumstances shall the Modifications as to any portion of the Property or the construction activity that takes place in the course of making the Modifications, or any Item 1C - 16
55575.38160\33541079.1
14 aspect thereof, including Lessor's entry into the Premises, constitute an eviction or partial eviction of Lessee or a breach of Lessee's right to quiet enjoyment or of any other provision of this Lease, nor entitle Lessee to damages, injunctive relief or other equitable relief, nor entitle Lessee to any abatement or reduction in the Monthly Rental, additional rental or other charges or sums due under this Lease; provided Lessor uses reasonable efforts to mitigate any adverse effects on Lessee caused by the Modifications.

12.2 Entry and Inspection. Lessee shall permit Lessor and his agents to enter into and upon the Premises at all reasonable times for the purpose of inspecting the same or for the purpose of maintaining the Premises as required by the terms of this Lease or for the purpose of posting notices of non-liability for alterations, additions or repairs.

12.3 Estoppel Certificate. If, as a result of a proposed sale, assignment, or hypothecation of the Premises or the land thereunder by Lessor, or at any other time, an estoppel certificate shall be requested of Lessee, Lessee agrees, within ten (10) days thereafter, to deliver such estoppel certificate in the form attached as Exhibit "C" addressed to any existing or proposed mortgagee or proposed purchaser, and to the Lessor. Lessee shall be liable for any loss or liability resulting from any incorrect information certified, and such mortgagee and purchaser shall have the right to rely on such estoppel certificate and financial statement.

12.4 Jurisdiction and Venue. The parties agree that the State of California is the proper jurisdiction for litigation of any matters relating to this Lease, and service mailed to the address of Lessees set forth herein shall be adequate service for such litigation. The parties further agree that Riverside County, California is the proper place for venue as to any such litigation and Lessee agrees to submit to the personal jurisdiction of such court in the event of such litigation.

12.5 Partial Invalidity. If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereof.

12.6 Successors in Interest. The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties ; and all of the parties shall be jointly and severally liable hereunder.

12.7 No Oral Agreements. This (i) Lease covers in full each and every agreement of every kind or nature whatsoever between the parties concerning this Lease, (ii) supersedes any and all previous obligations, agreements and understandings, if any, between the parties, oral or written, and (iii) merges all preliminary negotiations and agreements of whatsoever kind or nature herein. Lessee acknowledges that no representations or warranties of any kind or nature not specifically set forth herein have been made by Lessor or its agents or representatives.

Item 1C - 17
55575.38160\33541079.1
15 12.8 Authority. In the event that Lessee is a corporation or a partnership, each individual executing this Lease on behalf of said corporation or said partnership, as the case may be, represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation or partnership, in accordance with a duly adopted resolution of the Board of Directors, if a corporation, or in accordance with the Partnership Agreement, if a partnership, and that this Lease is binding upon said corporation or partnership in accordance with its terms. Lessee represents and warrants to Lessor that the entering into this Lease does not violate any provisions of any other agreement to which Lessee is bound.

12.9 Relationship of Parties. The relationship of the parties is that of Lessor and Lessee, and it is expressly understood and agreed that Lessor does not in any way or for any purpose become a partner of Lessee in the conduct of Lessee's business or otherwise, or a joint venture with Lessee, and that the provisions of this Lease and the agreements relating to rent payable hereunder are included solely for the purpose of providing a method whereby rental payments are to be measured and ascertained.

12.10 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor 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., 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, Contractor shall certify that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to nondiscrimination in city contracting.

12.11 Notices. Wherever in this Lease it shall be required or permitted that notice and demand be given or served by either party to this Lease to or on the other, such notice or demand shall be given or served in writing and shall not be deemed to have been duly given or served unless in writing, and personally served or forwarded by certified mail, postage prepaid, addressed, if to Lessor, as specified in Section 1.9. Either party may change the address set forth herein by written notice by certified mail to the other. Any notice or demand given by certified mail shall be effective one (1) day subsequent to mailing.

To City: Palm Springs International Airport
3400 E. Tahquitz Canyon Way, Suite 1
Item 1C - 18
55575.38160\33541079.1
16 Palm Springs, CA 92262
To Lessee: CLEAR
65 East 55th Street
17th Floor
New York, NY 10022

12.12 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party shall impair such right or remedy or be construed as a waiver.

A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Lease.

12.13 Exhibits and Addenda. The Exhibits and Addenda attached to this Lease are made a part hereof as if fully set forth herein. In the event of a conflict between the terms and provisions of Addenda and the terms and provisions of this Lease, the terms and provisions of the Addenda shall prevail.

12.14 Attorneys’ Fees. In the event that any action or proceeding is commenced to regarding this Lease, the prevailing party in such action or proceeding, in addition to all other relief to which it may be entitled, shall be entitled to recover from the other party the prevailing party's costs of suit and reasonable attorneys' fees. The prevailing party shall be as determined by the court in accordance with Code of Civil Procedure Section 1032. The attorney's costs and expert fees recoverable pursuant to this Section include, without limitation, attorney's costs and expert fees incurred on appeal and those incurred in enforcing any judgment rendered. Attorney's costs and fees may be recovered as an element of costs in the underlying action or proceeding or in a separate recovery action.
(SIGNATURE PAGE FOLLOWS )
Item 1C - 19
SIGNATURE PAGE - Alclear, LLC dba CLEAR
NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
“CITY”
City of Palm Springs
Date:__________________________ By: _______________________________ Justin Clifton
City Manager
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeff Ballinger Monique Lomeli
City Attorney Interim City Clerk
APPROVED BY CITY COUNCIL:

Date: _______ Agreement No. _____
LESSEE: Alclear, LLC dba CLEAR
Check one : Individual ___ Partnership ___ Corporation___ Corporations require two signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.

By: ___________________________ By: _______________________________ Signature Signature
Name:_________________________ Name: _____________________________ Title:__________________________ Title:_______________________________ Item 1C - 20
EXHIBIT “A” – SCREENING PODS LOCATION

AIRPORT CENTRAL
LOBBY
PODS Footprint
6 Pods across 3 windows
8 feet x 15 feet = 120 sq. ft.

Item 1C - 21
.. ..

EXHIBIT “B” – OFFICE SPACE

SPACE TO BE

ENCLOSED
TOTAL 200 SQUARE FEET

AFTER CONSTRUCTION
Item 1C - 22
I
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Entrance
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Aviation Entrance
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Item 1C - 23
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Alclear, LLC dba CLEAR
65 East 55th Street, 17th Floor, New York, NY 10022
Delaware
Caryn Seidman-Becker
Kenneth Cornick
CSC Lawyers Incorporating Service- 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833 Item 1C - 24

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Address of Entity (Principle Place of Business)
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State If other than California, is the Entitv also reqistered in California? W Yes n No Type of Entity
D Corporation~ Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (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 [name]
~Officer D Director D Member D Manager
D General Partner D Limited Partner
• Other
~ Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
• Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
• Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)
Alclear Holdings, LLC 100%
January 21, 2022 22:09 UTC
Item 1C - 25

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [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 JL

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE FORM

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13.18)

CITY COUNCIL STAFF REPORT
04/07/2022 1. D.

City Clerk -

SUBJECT

APPROVE A SOLE SOURCE AGREEMENT WITH ENVIRONMENTAL SYSTEMS

RESEARCH INSTITUTE (ESRI) FOR ENTERPRISE GIS SOFTWARE
RECOMMENDATION:

Approve a 3-year sole source agreement with ESRI in the amount of $38,500 per year, not to exceed $115,500 over the 3-year contract period.

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

Attachments
Item 1D

CITY COUNCIL STAFF REPORT
DATE: April 7, 2022 CONSENT CALENDAR
SUBJECT: APPROVE A SOLE SOURCE AGREEMENT WITH ENVIRONMENTAL

SYSTEMS RESEARCH INSTITUTE (ESRI) FOR ENTERPRISE GIS

SOFTWARE
FROM: Justin Clifton, City Manager
BY: Department of Information Technology
SUMMARY:

Staff is recommending City Council approve a sole source Enterprise Agreement for GIS software with Environmental Systems Research Institute (ESRI).

RECOMMENDATION:

1. Approve a 3-year sole source agreement with ESRI in the amount of $38,500 per year, not to exceed $115,500 over the 3-year contract period.

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

BUSINESS PRINCIPAL DISCLOSURE:

Environmental Systems Research Institute, Inc. (ESRI) is a California corporation. The Jack and Laura Dangermond Trust, established under the laws of the State of California on October 7, 2000, own 100% of the outstanding voting and equity securities of Environmental Systems Research Institute, Inc. Jack and Laura Dangermond are the trustees and sole beneficiaries of the trust. A copy of the Public Integrity Disclosure Form is included at Attachment 3.

STAFF ANALYSIS:

Geographic Information Systems (GIS) is a system designed to create, store, analyze, and manage geographic data. The City’s GIS Analyst met with department heads to gauge the overall GIS needs of the City and determined the City has increased GIS demands that cannot be supported under the current licensing structure. The recommended enterprise licensing allows for efficient data management and governance Item 1D - 1
City Council Staff Report
April 7, 2022 -- Page 2
Approval of Sole Source Agreement with ESRI
which is essential in providing current and reliable spatial data sources to the City and the public.

ESRI is a sole source provider. Pursuant to 7.04.020 of the Municipal Code, a contract may be awarded without competition when there is only one source for the required item or service. As such, Staff is recommending approval of this sole source agreement with ESRI.

ENVIRONMENTAL IMPACT:

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

FISCAL IMPACT:

There are sufficient funds available in the General Fund, IT budget for year one. Staff will include costs for years two and three of the agreement in future budgets.

REVIEWED BY:

Department Director: Jason Underwood
City Manager: Justin Clifton
ATTACHMENTS:

1. ESRI Quote for a 3-year Enterprise License Agreement

2. Sole Source Letter from ESRI

3. Conflict of Interest, Non-Discrimination, and Public Integrity Disclosure Item 1D - 2
380 New York Street 909.793.2853 esri.com
Redlands, California 92373-8100 USA [email protected]
January 20, 2022
Jason Underwood
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Jason,
The Esri Small Municipal and County Government Enterprise Agreement (SGEA) is a three-year agreement that will grant your organization access to Esri term license software. The EA will be effective on the date executed and will require a firm, three-year commitment.

Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply Geographic Information System (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an Enterprise Agreement (EA).

An EA will provide your organization with numerous benefits including:
 A lower cost per unit for licensed software
 Substantially reduced administrative and procurement expenses  Complete flexibility to deploy software products when and where needed The following business terms and conditions will apply:
 All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services included in the EA.
 If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement that is not included in the EA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance.
 The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users.
 The organization will establish a Tier 1 support center to field calls from internal users of Esri software.

The organization may designate individuals as specified in the EA who may directly contact Esri for Tier 2 technical support.
 The organization will provide an annual report of installed Esri software to Esri.  Esri software and updates that the organization is licensed to use will be automatically available for downloading.
 The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri’s Small Municipal and County Government EA terms and conditions.

Item 1D - 3
esri· I
THE

SCIENCE
OF
WHERE "
Small Government Enterprise Agreement
 Licenses are valid for the term of the EA.

This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have.

To expedite your acceptance of this EA offer:

1. Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA Quotation and includes the following statement on the face of the Purchase Order:
"THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI

SMALL MUNICIPAL AND COUNTY GOVERNMENT EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPLY."
Have it signed by an authorized representative of the organization.

2. On the first page of the EA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e-mail address.

3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization.

4. Send the purchase order and agreement to the address, email or fax noted below:

Esri
Attn: Customer Service SG-EA
380 New York Street
Redlands, CA 92373-8100
e-mail: [email protected]
fax documents to: 909-307-3083
I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization.

Thank you very much for your consideration.

Best Regards,
Natalie Carter
Item 1D - 4
Quotation # Q-461796
Date: January 20, 2022
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 266877 Contract #
City of Palm Springs
IT Dept
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
To expedite your order, please attach a copy of ATTENTION: Jason Underwood this quotation to your purchase order. PHONE: (760) 323-8245 Quote is valid from: 1/20/2022 To: 4/20/2022 EMAIL: [email protected] Material Qty Term Unit Price Total
168178 1 Year 1 $38,500.00 $38,500.00
Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement 168178 1 Year 2 $38,500.00 $38,500.00
Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement 168178 1 Year 3 $38,500.00 $38,500.00
Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement Subtotal: $115,500.00
Sales Tax: $0.00
Estimated Shipping and Handling (Surface Delivery): $0.00 Contract Price Adjust: $0.00
Total: $115,500.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Natalie Carter
Email:
[email protected]
Phone:
(909) 793-2853 x7419
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.

CARTERN This offer is limited to the terms and conditions incorporated and attached herein.

Item 1D - 5
esri·I THE

SCIENCE
OF
WHERE "
Esri Use Only:

Cust. Name
Cust. #
PO #
Esri Agreement #

Page 1 of 6 ends

SMALL ENTERPRISE AGREEMENT

COUNTY AND MUNICIPALITY GOVERNMENT
(E214-2)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").

This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.

Table A
List of Products
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer
Enterprise Software and Extensions
ArcGIS Enterprise and Workgroup
(Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager
Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Engine
ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS
Spatial Analyst, ArcGIS Engine Geodatabase Update,
ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Runtime (Standard)
ArcGIS Runtime Analysis Extension
Limited Quantities
One (1) Professional subscription to ArcGIS Developer
Two (2) ArcGIS CityEngine Single Use Licenses
100 ArcGIS Online Viewers
100 ArcGIS Online Creators
17,500 ArcGIS Online Service Credits
100 ArcGIS Enterprise Creators
3 ArcGIS Insights in ArcGIS Enterprise
3 ArcGIS Insights in ArcGIS Online
10 ArcGIS Tracker for ArcGIS Enterprise
10 ArcGIS Tracker for ArcGIS Online
3 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 3 ArcGIS Utility Network User Type Extensions (Enterprise) 3 ArcGIS Trace Network User Type Extensions (Enterprise)

OTHER BENEFITS
Number of Esri User Conference registrations provided annually 3 Number of Tier 1 Help Desk individuals authorized to call Esri 3 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee Item 1D - 6
A ·1THE vesrr ~:::E

Page 2 of 6 ends

Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE

ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").

Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.

Accepted and Agreed:
(Customer)
By:

Authorized Signature
Printed Name:

Title:

Date:

CUSTOMER CONTACT INFORMATION
Contact: Telephone:

Address: Fax:

City, State, Postal Code: E-mail:

Country:

Quotation Number (if applicable):

Item 1D - 7

Page 3 of 6 ends

1.0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/enus/legal/terms/full-master-agreement and available in the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.
"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.

2.0—ADDITIONAL GRANT OF LICENSE

2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.

2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.

3.0—TERM, TERMINATION, AND EXPIRATION

3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.

3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.

3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.

3.4 Termination for Lack of Funds. For an
Agreement with government or governmentItem 1D - 8

Page 4 of 6 ends

owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.

3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.

4.0—PRODUCT UPDATES

4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.

Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.

4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/otherresources/product-life-cycle. Updates for Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.

5.0—MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/enus/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.

Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support

1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.

2. The Tier 1 Help Desk will be fully trained in
the Products.

3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.

4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.

5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.

6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support

1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.

2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.

3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to
Item 1D - 9

Page 5 of 6 ends

supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.

5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).

6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.

7.0—ADMINISTRATIVE REQUIREMENTS

7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.

Customer will not decouple Esri products or
services from the OEM partners' application or
service.

7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.

8.0—ORDERING, ADMINISTRATIVE

PROCEDURES, DELIVERY, AND

DEPLOYMENT

8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.
c. Esri's federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.

8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due
Item 1D - 10

Page 6 of 6 ends

9.0—MERGERS, ACQUISITIONS, OR

DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.

9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

Item 1D - 11

SOLE SOURCE LETTER
Environmental Systems Research Institute, Inc. (Esri)
380 New York Street
Redlands, CA 92373
J-8933-SGE/JR February 24, 2022
Esri 380 New York St., Redlands, CA 92373-8100, USA • TEL 909-793-2853 • FAX 909-793-5953 • E-MAIL [email protected] • WEB www.esri.com DATE: February 24, 2022
TO: City of Palm Springs
FROM: Jackie Ricks, Esri Contracts and Legal Services
RE: Esri Sole Source Justification for Small Municipal and County Government Enterprise Agreement
This letter confirms Esri, as owner and manufacturer, is the sole source provider of all U.S. domestic Small Municipal and County Government Enterprise Agreements (EA). The Small Municipal and County Government EA is a bundled package of term limited software licenses and maintenance that includes the right to copy.

Esri is the only source that can grant a right to copy and deploy Enterprise Software within your organization (Enterprise). Also, domestically Esri is the only source of maintenance (updates and technical support) for all Esri® software.

If you have further questions, please feel free to call our Contracts and Legal Services Department at 909-793-2853, extension 1990.

Item 1D - 12
Sincerely,
'-~j)j)
/ijck Ricks
Co act Coordinator
• esn
Contracts & Legal Services Dept.
380 New York Street
Redlands, CA 923 73
Voice 909.793.2853 Ext. 1-1990
jnd.s"a e!'ri.com
Oesri"I THI
l~INCI
°" WHIH"
Who Must File?

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
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 interest 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 an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor's interest in the applicant entity, in relation to the application's outcome.

When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
(Revised 09 13 18)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

Page 1 of 2 ends

Item 1D - 13
What Must I Disclose?
A. 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.).

Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney.

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 09 13 18)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

Page 2 of 2 ends

Item 1D - 14

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. 3.

4. Environmental Systems Research Institute, Inc.

Address of Entity (Principle Place of Business)
380 New York Street, Redlands, CA 92373-8100
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? n Yes n No

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (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 _T_im_oth--'-
y_Br_az_ea_l ______________ D Officer D Director D Member K] Manager [name]
D General Partner D Limited Partner
□ Other ___________ _
___________________ D Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
□ Other ____________ _
___________________ D Officer D Director D Member D Manager [name]
(Revised 09 13 18)
D General Partner D Limited Partner
D Other _____________ _

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Item 1D - 15
-,
, __ -
~
-
I J

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

EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A. ''The Jack and Laura Dangermond Trust, established under the law � of the State of California on October 7, 2000, owns 100% of the outstanding voting, and equity securities of Environme tal Systems Research Institute, Inc. Jack and Laura Dangermond are the trustees and sole beneficiaries of the trust." [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 PENAL TY 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 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.
u- Feb 24, 2022
Timothy Brazeal (Feb 24, 202215:33 PSTI
Timothv Brazeal - Manaaer Commercial & Government Contracts (Revised 09 13 18}

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

Item 1D - 16

CITY OF PALM SPRINGS, CA

CONFLICT OF INTEREST AND NON-DISCRIMINATION

CERTIFICATION
Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one 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.

Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor 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., 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 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.

ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.

NAME OF CONTRACTOR/VENDOR: ______________ _
NAME and TITLE of Authorized Representative:
(Print) Timothy Brazeal Manager, Commercial and Government Contracts Signature and Date of Authorized Representative:
u--
(Sign) Timothy Brazeal (Feb 24, 202215:33 PST) (Date) Feb 24, 2022 Item 1D - 17
City of Palm Springs: - Conflict of Interest &
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Item 1D - 18

CITY COUNCIL STAFF REPORT
04/07/2022 1. E.

City Clerk -

SUBJECT
APPROVAL OF THE FISCAL YEAR 2022/2023 CSA 152 SPECIAL ASSESSMENT RATE
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2022/2023 TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.” Attachments
Item 1E

CITY COUNCIL STAFF REPORT
DATE: April 7, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF THE FISCAL YEAR 2022/2023 CSA 152 SPECIAL

ASSESSMENT RATE
FROM: Justin Clifton, City Manager
BY: Engineering Division
SUMMARY:

In accordance with an administrative services agreement with Riverside County for administration of the County Service Area 152 (“CSA 152”) for the National Pollutant Discharge Elimination System (“NPDES”), Riverside County requires the City to establish its CSA 152 budget and confirm the levy of special assessment for Fiscal Year 2022/2023 so that Riverside County can assemble and coordinate with the County’s levy of special assessments. This item approves the CSA 152 special assessment rate of $9.50 per single family residential property, which remains unchanged from prior years’ assessments.

RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2022/2023 TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE

ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.”
BACKGROUND:

The NPDES Program is a federally mandated program to control non-point sources of runoff pollution. In 1972, the Federal Water Pollution Control Act (“Clean Water Act” or “CWA”) was amended to provide that discharge of pollutants to waters of the United States from any point source is effectively prohibited, unless the discharge is in compliance with a NPDES Permit.

In 1982, the Clean Water Act was amended to establish a framework for regulating municipal and industrial stormwater discharges under the NPDES Program.

Item 1E - 1
City Council Staff Report
April 7, 2022 -- Page 2
CSA 152 Annual Report/Levy Assessment
In 1997, the City adopted Chapter 8.70 (Stormwater Management and Discharge Controls) of the Municipal Code which incorporates regulations of the NPDES Program.

Pollutants in urban runoff are carried through what the NPDES permit calls a Municipal Separate Storm Sewer System (“MS4”). The MS4 includes the entire system of streets, curb gutters, catch basins, storm drains, channels, etc., that convey stormwater runoff (rain) from one location to the various waters of the United States, including Tahquitz Creek, Palm Canyon Wash, and Whitewater River.

The main goal of the NPDES permit is to prevent runoff coming from public or private properties from polluting the waters of the United States. The permit allows the City to identify various locations of pollution, to review existing programs designed to protect against water pollution, to develop new programs to meet federal requirements, and to provide programs to educate the public on the problems associated with polluted stormwater runoff.

The permit also allows the City to regulate the discharge of pollutants from development projects, existing industrial facilities, restaurants, and commercial sites. Therefore, the City is required to inspect these sites with a frequency that is based on various factors.

This includes the type of business, the activities that occur at the site, the types of potential pollutants present, past compliance history, and proximity to waters of the United States. Businesses are assigned a high, medium, or low inspection priority, based on the Standard Industrial Code (SIC). Businesses that are classified as high priority must be inspected annually, medium priority businesses are inspected once every two years, and low priority businesses are inspected once every five years.

Examples of polluted stormwater runoff that are to be prevented through the City’s NPDES inspection program are shown in the following photos:

Photo 1: Erosion and sediment
pollution caused by an active
construction site.

Photo 2: Leaking fluids from stored
equipment.

Item 1E - 2
City Council Staff Report
April 7, 2022 -- Page 3
CSA 152 Annual Report/Levy Assessment
Riverside County originally formed CSA 152 to finance a portion of its programs and obligations associated with its NPDES Permit. The City of Palm Springs annexed into CSA 152 in 1993 to allow for the levy of special assessments to offset the City’s costs related to administering its own NPDES Program.

STAFF ANALYSIS:

On June 23, 2016, the City Council approved an Administrative Services Agreement with Riverside County that facilitates the County’s administration of the NPDES Program on the City’s behalf to be offset by the special assessments collected in CSA 152. The special assessment rate in Palm Springs is $9.50 annually, per Benefit Assessment Unit (“BAU”). BAU is defined as a single-family home on a 7,200 square feet (1/6 acre) lot.

In accordance with the City’s agreement with Riverside County, the City is required to complete its annual report for the CSA 152 Program and confirm the CSA 152 assessment by April 8, 2022. This will allow Riverside County the time needed to assemble and coordinate the levy of the special assessments on the next tax roll.

Staff recommends that the City Council adopt the Resolution making certain findings and setting the BAU for CSA 152 at the currently adopted existing rate of $9.50. This is equal to the previous BAU special assessment rates adopted by the City Council. A copy of the required annual report, confirming the special assessment rate is appropriate, is included as Attachment A.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the Photo 3: Oils and polluted contaminants
in a drainage gutter
Photo 4: Clean-up of illegal dumping into
a stream bed.

Item 1E - 3
City Council Staff Report
April 7, 2022 -- Page 4
CSA 152 Annual Report/Levy Assessment
whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT:

The CSA 152 special assessment of $9.50 per BAU is estimated to generate $468,881 in revenue in Fiscal Year 2022/2023 to fund all activities associated with the City’s NPDES Program.

REVIEWED BY:

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

A. Annual Report
B. Resolution
Item 1E - 4
Attachment A
Item 1E - 5
Prepared by:

Fiscal Year 2022/23 Annual Report
County Service Area 152 – National Pollutant
Discharge Elimination System (NPDES)
April 2022

Item 1E - 6

CITY OF PALM SPRINGS
0 N BS hel plng communities fund tomorrow
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone - (760) 323-8299

CITY COUNCIL
Lisa Middleton, Mayor
Grace Elena Garner, Mayor pro tem
Geoff Kors, Councilmember
Christy Holstege, Councilmember
Dennis Woods, Councilmember

CITY STAFF
Teresa Gallavan, Assistant City Manager
Joel Montalvo, City Engineer
NBS
Dave Ketcham, Client Services Director
Jason Roth, Senior Consultant
Item 1E - 7

TABLE OF CONTENTS

1. Executive Summary ........................................................................................................1

2. Maintenance and services...............................................................................................2

3. Estimate of costs ............................................................................................................4 District Budget.....................................................................................................................4 Fund Balance .......................................................................................................................5

4. Methodology of Charge .....................................................................................................6 Land Use Categories............................................................................................................6 Maximum Annual Rate........................................................................................................7

5. CSA 152 Boundaries...........................................................................................................8

6. Levy Listing ........................................................................................................................9 Item 1E - 8
City of Palm Springs
Fiscal Year 2022/23 Annual Report – County Service Area 152 1

1. EXECUTIVE SUMMARY
The County of Riverside (the “County”) formed County Service Area 152 (the “CSA 152”) on November 26, 1991 with the passage of Resolution No. 93-634. At formation, CSA 152 encompassed all unincorporated lands within the boundaries of the County. The purpose of the formation was to provide for implementation of the federally mandated National Pollutant Discharge Elimination System (NPDES) Program (the “Program”) to control non-point source pollution. Non-point source pollution, caused by rain or snowmelt, moves water over and through the ground picking up natural or synthetic pollutants from the ground and then transmitting these pollutants into streams, rivers, lakes, wetlands, estuaries, coastal water, and groundwater.

NPDES is part of the Clean Water Act, Section 319, enacted by Congress in 1987. The Clean Water Act requires that all municipal, industrial, and commercial facilities that discharge wastewater or storm water directly from a point source into waters of the United States must obtain a NPDES permit. Permits are issued to ensure the receiving waters will achieve the federally mandated water quality standards. States are required to address such pollution by producing assessment reports, adopting management programs to control non-point source pollution, and implementing these management programs to curb pollution.

The Program requires runoff be controlled by all storm water systems. Therefore, all local agencies, including the City of Palm Springs (the “City”), bear the responsibility for their own storm water systems, which they own and operate. Storm water systems include, but are not limited to roadways, drainage systems, washes, etc. As such, the City annexed into CSA 152 in 1993, to allow for the levy of the Charge to offset the City’s costs related to administering the Program.

Annually the City Council of the City of Palm Springs (the “City Council”) will pass a resolution approving the annual report (the “Report”) and setting the Benefit Assessment Unit (BAU) Rate.

The proposed BAU Rate for Fiscal Year 2022/23 remains at $9.50.

The following table summarizes the proposed Fiscal Year 2022/23 annual levy to cover the management and implementation of the Program:

Fiscal Year 2022/23 Proposed Levy Summary
Parcel Type
Number of Parcels Levied for
Fiscal Year 2022/23
Proposed Levy
for Fiscal Year 2022/23
Assessor’s Parcels 23,433 $368,633.08
Taxable Possessory Interest 5,220 100,248.38
Total: 28,644 $468,881.46
The Program is levied in accordance with the methodology adopted and approved by the City Council at the time of the CSA 152 formation. The final levy submitted to the Riverside County Auditor-Controller in August, may vary due to changes in the County’s secured roll data that is released in July.

Item 1E - 9
City of Palm Springs
Fiscal Year 2022/23 Annual Report – County Service Area 152 2

2. MAINTENANCE AND SERVICES
The City’s portion of the Program is levied and collected annually to offset costs associated with the Program. Revenues generated from the charge regularly provide a variety of services benefiting the properties that lie within the City’s boundaries. The City provides services either directly through City staff, indirectly via contractors, or through County efforts to service the public improvements and specified areas within the boundaries of the City.

In general, the services provided using CSA 152 revenues include, but are not limited to, the following activities resulting from the management and implementation of the Program:
• Developing a plan to reduce pollutants in storm water runoff that meets the minimum federal standards at minimum cost to area residents.
• Identifying the various locations of pollution and types of pollutants carried in storm water runoff. • Reviewing existing programs designed to protect against water pollution. • Developing new programs to meet future federal standards and obtaining necessary permits from the State and regional water quality authorities.
• Educating the public about the problems associated with storm water runoff pollution, helping citizens learn what they can do to help contain this problem.

The implementation of the Program requires the City to provide maintenance to improvements and various services to ensure compliance with the Program requirements. These services include, but are not limited to:
• Water quality monitoring program
• Pollution prevention program
• Public education program
• Inspections
• Code enforcement
• Street cleaning, sweeping, and maintenance
• Hazmat removal
• Basin cleaning and maintenance
• Contractual services
• Consultant services
• Administration of the program
• Staffing costs and overhead allocations
Item 1E - 10
City of Palm Springs
Fiscal Year 2022/23 Annual Report – County Service Area 152 3 Actual services provided may differ from those authorized based upon current resources, needs, and funding levels available. In addition, the Program may be authorized to provide additional services as outlined previously, beyond what services are actually provided.

Item 1E - 11
City of Palm Springs
Fiscal Year 2022/23 Annual Report – County Service Area 152 4

3. ESTIMATE OF COSTS
District Budget
CSA 152
Adopted
2021/22
Budget
Proposed
2022/23
Budget

PERSONNEL COSTS
Regular employees $90,500 $90,500
Personnel Holding 38,000 38,000
Overtime 4,000 4,000
Uniform Allowances 400 400
Pers Contributions 32,700 32,700
Pers POB 4,000 4,000
Medicare Tax 1,300 1,300
Fringe Benefits 22,800 22,800
Workers Compensation 5,800 5,800
RHS Health Benefits 1,500 1,500
Retiree Health Benefits 9,900 9,900
TOTAL PERSONNEL COSTS 210,900 210,900

MATERIAL AND SERVICES
Hazmat Removal 15,200 15,200
Contractual Services 199,800 199,800
Administration Fee 10,000 10,000
TOTAL MATERIAL AND SERVICES 225,000 225,000

SPECIAL CHARGES
Administration Services 0 0
Insurance 7,600 7,600
Facilities Maintenance 14,900 14,900
Benefits Administration 700 700
TOTAL SPECIAL CHARGES 23,200 23,200
TOTALS: $459,100 $459,100
Item 1E - 12
City of Palm Springs
Fiscal Year 2022/23 Annual Report – County Service Area 152 5 Fund Balance
The City may contribute financial resources to CSA 152 and the associated Program. However, the County may hold monies that are available to the City. Below is the most recent City-held fund balance available.

City-Held Fund Balance as of
January 31, 2022
$284,014.00
Item 1E - 13
City of Palm Springs
Fiscal Year 2022/23 Annual Report – County Service Area 152 6

4. METHODOLOGY OF CHARGE
The methodology for the charge is the BAU method developed by Riverside County Flood Control District.

This method spreads the total charge to parcels within CSA 152 in proportion to each parcel’s runoff.

Runoff is determined by first knowing a parcel’s size in acres, its present land use, and then assigning a runoff factor to its general land use category. Runoff factors are estimates of how much rainfall runs off a parcel in comparison to the amount of rainfall that falls on a parcel. In other words, the runoff factor is a way of expressing the relative degree of imperviousness of parcels with different land uses. Paved and improved parcels have runoff factors closer to 1.0 (where 1.0 equals 100% runoff) than do unpaved or unimproved parcels. Reducing the large number of land uses in the County to six general categories for estimating runoff under the benefit assessment procedure provides for a manageable and reasonable computation method.

For the Program, additional factors have been brought into the analysis that consider the type of activity on that land use. The Program is required by Federal Regulation to focus its attention on urbanized areas or developments and to exclude agricultural properties. Therefore, agricultural and vacant undeveloped properties have been completely exempted from the Program though they may have some amount of runoff.

The computation of the charge for any parcel is based on the number of BAUs assigned to that parcel. A single-family residential parcel of 7,200 square feet (1/6 acre) in size with a runoff factor of 0.40 was selected as the standard BAU. The number of BAUs for any other parcel can be computed by relating its size and land use to the BAU.

Land Use Categories
The table below shows the six categories of land use, their respective runoff factors, and the BAU per acre.

Group Land Use Factor BAU Per Acre
A Commercial, Industrial 0.80 12
B Apartments/Mobile Home Parks, Churches, Schools 0.60 9 C Single Family Residential(1) 0.40 6
D
Poultry, Irrigated/Cultivated Crops, Livestock, Vacant
Undeveloped 0.00 0
E Golf Courses, Private Parks 0.0067 0.10
F Parcels with Miscellaneous Structures 0.0033 0.05
(1) All SFRs are levied $9.50 regardless of size.

Calculation of a typical Commercial Charge is as follows:
(BAU) X (Developed Acreage) X (Rate) = Annual Charge
Item 1E - 14
City of Palm Springs
Fiscal Year 2022/23 Annual Report – County Service Area 152 7 Maximum Annual Rate
The Charge’s maximum annual rate is $9.50 per BAU and the maximum annual rate is the same as was originally adopted in 1994. All single-family residential parcels are levied at $9.50.

District
Fiscal Year
2021/22 Actual
Rate
Fiscal Year
2022/23
Proposed Rate
Fiscal Year
2022/23
Approved Rate
County Service Area 152 $9.50 $9.50 $9.50
Item 1E - 15
---
City of Palm Springs
Fiscal Year 2022/23 Annual Report – County Service Area 152 8

5. CSA 152 BOUNDARIES
Item 1E - 16
City of Palm Springs
City Boundaries
Highways
0 0.75 1.5 3 Miles
.... -.

City of Palm Springs
Fiscal Year 2022/23 Annual Report – County Service Area 152 9

6. LEVY LISTING
Due its size, the Levy Listing is on file with the City. The description of each lot or parcel as part of the records of the County Assessor of the County of Riverside are, by reference, made part of this Report.

Item 1E - 17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS CALIFORNIA, MAKING FINDINGS AND

REAFFIRMING THE ESTABLISHMENT AND SETTING OF
RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL
YEAR 2022/2023 TO FUND THE CITY’S NATIONAL

POLLUTION DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT IN ORDER TO OPERATE AND
MAINTAIN THE CITY’S DRAINAGE AND FLOOD

CONTROL SYSTEMS
WHEREAS, the Riverside County Service Area 152 (CSA 152) was created under the Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which authorized local agencies to impose benefit assessments to finance the maintenance and operation costs of flood control and drainage systems, based on the proportionate storm water runoff from each parcel; and
WHEREAS, under the federally-mandated but unfunded National Pollutant Discharge Elimination System (NPDES) Program, the City is required to have a valid permit from the Regional Water Quality Control Board to discharge water runoff from properties within the boundaries of the City; and
WHEREAS, street sweeping is a pro-active method of ensuring pro-active maintenance from street runoff into the flood control and drainage systems of the City; and WHEREAS, the City is a co-permittee of NPDES Permit No. CAS-617002 with the Coachella Valley Water District, County of Riverside and the incorporated cities therein; and
WHEREAS, the City, by its Resolution No. 18088 adopted on May 5, 1993, requested the Local Agency Formation Commission to undertake proceedings to annex the City of Palm Springs into CSA 152 for the purpose of partially funding the City’s implementation of the NPDES Program; and
WHEREAS, the Count of Riverside, by its Resolution No. 93-454 adopted December 21, 1993, annexed the City of Palm Springs into CSA 152 to partially fund the costs of maintaining and operating the City’s flood control and drainage systems under the NPDES Permit; and
WHEREAS, the City by its Resolution No. 18351 adopted March 16, 1994, recommended that the County Board of Supervisors adopt the City’s proposed initial budget for the portion of CSA 152 contained within the City; and WHEREAS, the CSA 152 charges assessed on each parcel within the City are determined in proportion to the storm water runoff attributable to each parcel; and Item 1E - 18
Resolution No.

Page 2 ends

WHEREAS, the City uses revenues from the CSA 152 assessments solely for the purpose of complying with the terms of the NPDES Permit, and for maintaining and operating the City’s flood control and drainage system; and WHEREAS, Proposition 218, adopted by voters on November 6, 1996, established new procedures and approval requirements for all existing assessments, unless the assessment is exempt from the new requirements; and
WHEREAS, certain assessments that existed on November 6, 1996, are specifically exempt from the Proposition 218 procedures and approval requirements, including assessments imposed exclusively to finance the capital costs and maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control.

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

Section 1. The City Council finds the foregoing recitals to be true and correct.

Section 2. The City Council finds and declares that the City’s CSA 152 charges are assessments within the definition of California Constitution Article XIIID, Section 2(b), in that they confer special benefits upon each parcel of property subject to the assessments.

Section 3. The City Council finds and declares that pursuant to Article XIIID, Section 5(a), the City’s CSA 152 assessments are exempt from the new procedures and approval requirements of Article XIIID, Section 4, because the City’s CSA 152 assessments existed before November 6, 1996, and the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for flood control and drainage systems in the City.

Section 4. The City Council hereby reaffirms its adoption of the annual assessment for CSA 152 and hereby determines that the annual assessment rate for Fiscal Year 2022/2023 for CSA 152 is to be set at Nine Dollars and Fifty Cents ($9.50) per Benefit Assessment Unit. The method of computation has not been changed nor has the rate of assessment been increased since the assessment was first approved by the City in accordance with Resolution No. 18351 adopted March 16, 1994.

Section 5. The City Council hereby authorizes the County of Riverside to levy assessments under CSA 152 for the benefit of the City.

Item 1E - 19
Resolution No.

Page 3 ends

ADOPTED this 7th day of April 2022.

Justin Clifton, City Manager
ATTEST:

Monique M. Lomeli, CMC, Interim City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, MONIQUE M. 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 Palm Springs on April 7, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Monique M. Lomeli, CMC, Interim City Clerk
City of Palm Springs, California
Item 1E - 20

CITY COUNCIL STAFF REPORT
04/07/2022 1. F.

City Clerk -

SUBJECT

REQUEST BY JOSEPH MANTELLO AND PAUL MARLOW, OWNERS, FOR

APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR THE DONALD WEXLER RESIDENCE, A CLASS 1 HISTORIC SITE LOCATED AT 1272 EAST VERBENA DRIVE (APN #507-253-009), (HSPB #139)
RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Joseph Mantello and Paul Marlow.

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

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

Attachments
Item 1F

CITY COUNCIL STAFF REPORT
DATE: APRIL 7, 2022 CONSENT CALENDAR

SUBJECT: REQUEST BY JOSEPH MANTELLO AND PAUL MARLOW, OWNERS,

FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY

PRESERVATION AGREEMENT FOR THE DONALD WEXLER
RESIDENCE, A CLASS 1 HISTORIC SITE LOCATED AT 1272 EAST VERBENA DRIVE (APN #507-253-009), (HSPB #139)
FROM: Justin Clifton, City Manager
BY: Planning Division
SUMMARY:

This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with the current property owners, Joseph Mantello and Paul Marlow, of a Class 1 historic site. 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 Joseph Mantello and Paul Marlow.

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 January 13, 2022, the City Council designated the property located at 1272 East Verbena Drive, also known as “The Donald Wexler Residence” (HSPB #139), a Class One Historic Site by adopting Resolution No. 24968.

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 Item 1F - 1
City Council Staff Report
April 7, 2022 – Page 2
Mills Act Agreement – 1272 E Verbena Drive
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 the property, specifically its historically significant elements and characteristics.

BELOW IS AN AERIAL VIEW OF 1272 EASTR VERBENA DRIVE
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. “The Donald Wexler Residence” meets this definition because it is listed in the City of Palm Springs register of Class 1 historic sites as site HSPB #139.

FISCAL IMPACT:

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

Item 1F - 2
City Council Staff Report
April 7, 2022 – Page 3
Mills Act Agreement – 1272 E Verbena Drive
REVIEWED BY:

Assistant Planning Director: David A. Newell
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:

A. Vicinity Map
B. City Council Resolution No.24968
C. Owner Letter
Item 1F - 3
Attachment A
Item 1F - 4
Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
1272 East Verbena Drive
HSPB 139
Item 1F - 5
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Item 1F - 6
Item 1F - 7
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RESOLUTION NO. 24968

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING "THE DONALD WEXLER
RESIDENCE" LOCATED AT 1272 EAST
VERBENA DRIVE, A CLASS 1 HISTORIC SITE,
(HSPB #139), APN# 507-253-009.

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

A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, Joseph Mantella and Paul Marlow, owners, submitted an application to the City seeking historic site designation of the Donald Wexler Residence located at 1272 East Verbena Drivee; and
C. WHEREAS, in October 2021, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and D. WHEREAS, on November 2, 2021, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #139 was held in accordance with applicable law; and
E. WHEREAS, at the said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony and voted unanimously to recommend that the Council designate the Donald Wexler Residence a Class 1 (Landmark) historic resource; and
F. WHEREAS, on January 13, 2022, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #139 was held in accordance with applicable law; and
G. WHEREAS, at the said hearing, the City Council carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to the staff report and all written and oral testimony.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RE SOL VE AS FOLLOWS:

Item 1F - 8 Resolution No 24968 Page 2
SECTION 1: FINDINGS - PART "A", CRITERIA FOR HISTORIC RESOURCES.

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.070 (C, 1,a), the HSPB shall evaluate the application and make findings in conformance with the following criteria:

Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings ("a" and "b") are met:
a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

The Wexler residence exhibits exceptional historic significance because of its association with architect Donald Wexler and is a noteworthy example of a custom-home design from the mid-twentieth century period using post-and-beam construction. (Criterion 1) The resource is associated with events that have made a meaningful contribution to the nation, state or community; The report does not list any events associated with the home that contributed to the nation, state or community. Thus it does not qualify under Criterion 1. (Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history; The report notes on page 20 that the home is historically significant for its association with the life and career of Donald Wexler. Wexler's fifty years of producing innovative modern architecture in the Coachella Valley helped define what is now known as "Desert Modern" or "The Palm Springs School of Architecture". For these reasons, the site qualifies as a historic resource under Criterion 2.
(Criterion 3) The resource reflects or exemplifies a particular period of national, state or local history;
On page 20, the report explains that the Wexler Residence reflects the post-World War II period in terms of innovative design principles. It was a period when local developers, business owners and residents embraced the bold aesthetic of Modern architecture. Its post-and-beam structural system, expansive use of glass, walls that project out into the landscape, simple volumetric massing, and a low flat roofline with very thin edge fascia all are characteristic of the post-war period in Palm Springs architectural development.

For these reasons, the City Council concurs that the site qualifies as a historic resource under Criterion 3.
(Criterion 4) The resource embodies the distinctive characteristics of a n
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type, period or method of construction;
Although the report discusses the "theme of Modern architecture", the home's architectural "theme" was more aptly discussed under Criterion 3 ("Period"). Criterion 4 addresses distinctive characteristics of a type of construction, a period of construction or a method of construction, not architectural theme.

The report however provides substantial information about the home's construction characteristics. It notes that the type of construction - namely wood post and beam using stock lumber sizes contributed to the home's affordability, its open, flexible floor plan and accommodated the extensive use of floor to ceiling glass. As the report notes, post-andbeam construction was used by nearly all the modern architects working in the Coachella Valley in the post-World War II period. Wexler however expressed the simple post-andbeam structure in unique ways, using paired beams attached on either side of the 4 x 4 posts to minimize the warping and splitting that often occurred with typical four-inch-thick wood beams. This detail, while functional, added a unique and pleasing visual detail to the home. The home also is unique in its method of construction because Wexler utilized a new plywood product introduced in 1954 by U.S. Plywood called "Texture-111", or"T111". As noted on page 33, according to Wexler's son Gary, Wexler liked to experiment with new materials in his designs. In terms of the T-111 product, Wexler " ... used a lot of it. .. " on both outside and inside walls. Thus the Wexler residence embodies the distinctive characteristics of a type, period and method of construction and as such, staff concurs that the home qualifies as a historic site under Criterion 4. (Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
As noted on page 21 of the report, the Wexler residence presents the work of a master architect. Wexler's influence on local architects and architecture is still evident in the work of many contemporary architects and designers working in Palm Springs. The proportions, expressed structure, simplicity of details and materials, and livability of Wexler's architecture continues to be celebrated both locally and beyond. The residence reflects an early example of his talent and artistic capabilities as an architect. Therefore, the City Council concurs that the Wexler residence qualifies as a historic site under Criterion 5 both as a notable example of the early work of Donald Wexler -- an architect who continues to influence other architects and also for its artistic value in emphasizing and celebrating the tenets of the Modern period in architecture. (Criterion 6) The resource represents a significant and distinguishable entity whose components may Jack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
The report does not assert that the Wexler residence qualifies under Criterion 6. (Criterion 7) The resource has yielded or may be likely to yield information Item 1F - 10 Resolution No 24968 Page4
important to national, state or local history or prehistory. • No information has been provided in the historic resources report on any pre-historic significance of the site.

SECTION 2: PART "B" ANALYSIS OF HISTORIC INTEGRITY.

Beginning on page 22 of the report is an evaluation of the site relative to the seven aspects or qualities of historic integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The report concludes that the site retains a high degree of integrity and is further analyzed below:

1. Location:

The Wexler residence remains in the same location that it was constructed, thus it retains integrity of location.

2. Design:

Wexler designed his family home to be flexible and able to be expanded as his family grew. As a young architect, economics played a factor in the modest "every-day" materials he chose for the design of his home. Although recent renovations have introduced more expensive materials such as terrazzo floors, the original design integrity remains intact. As noted on page 13 of the report, the original color of the home was medium warm grey with deep olive-green colored beams. The home is currently painted in a color palette that is similar to these original colors.

3. Setting:

The report analyzes the quality of Setting on page 24. As noted, the home's setting as a modern single-family home in a neighborhood of other modest single-family homes remains.

4. Materials:

As noted on page 23 of the report, Wexler used common materials such as plywood, dimension lumber in an uncommon way to create a stylish and timeless home. Nearly all the exterior materials remain as originally designed. Although more lavish materials such as terrazzo floors replaced the original asphalt vinyl tiles as noted above, the home maintains a high degree of material integrity.

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5. Workmanship:

As noted on page 24, "The Wexler residence was designed and built using straightforward materials and modes of workmanship, typical of construction practices in mid-century Palm Springs. The home still exhibits those humble, honest principals ... " and thus, retains integrity of workmanship.

6. Feeling:

The Wexler residence reflects the casual informal lifestyle of the post-war era in Palm Springs. It has a comfortable "modernity" without feeling cold or impersonal.

7. Association:

The residence retains its association with its original owner, master architect Donald Wexler and with the mid-twentieth century modern period in Palm Springs.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource's historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character-defining features from non-original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.

On page 17 the report identifies the physical character-defining historic features of this site as follows:
• Flat-roofed one-story structure. • Interior and exterior walls clad in T-111 plywood. • The 1968 bedroom wing addition. • Post and Beam construction integrated with unique pairs of beams. • Walls of glass; large, fixed panels, original sliding glass doors, frameless clerestory windows.
• Spun aluminum can lights on the exterior soffits and ceilings. • Vertical wood decorative treatment on the front door. • Open carport.
• Mature palms and Aleppo pines.

Non-contributing elements:
• Terrazzo floors. • Block perimeter garden wall. • Swimming pool and spa (original location, but not original pool0 .. • Storage structure attached to carport.

Item 1F - 12 Resolution No 24968 Page6
• Vertical fluted glass adjacent to front door.
• Dual-glazed clear anodized replacement aluminum sliding doors and windows. • Photovoltaic panels.
• Driveway hardscape.
• Landscape (except trees as noted above.)
SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

Based upon the foregoing, the City Council hereby designates "The Donald Wexler residence" located at 1272 East Verbena Drive, a Class 1 (Landmark) Historic Resource (Case HSPB #139).

PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 13th DAY OF January, 2022.

JUSTIN~ N, ~ AGER
ATTEST:
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24968 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 January 13, 2022, by the following vote:

AYES:

NOES:

ABSENT: ABSTAIN:

Councilmembers Holstege, Kors, Woods, Mayor Pro Tern Garner, and Mayor Middleton
None None None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ?..'?;/-, day of -:};i. , ·u..,2,2.... . .

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Item 1F - 15
Item 1F - 16
Mr. Joseph Mantello
Mr. Paul Marlow
1272 E Verbena Drive
Palm Springs, CA 92262
February 10, 2022
Mr. Ken Lyon, A.A.

Principle City Planner
Dept of Planning Services City of Palm Springs, CA
3200 Tahquitz Canyon Way
Palm Springs, CA 92263
Dear Mr. Lyon,
We are the current owners of The Wexler Residence located at 1272 East Verbena Drive in Palm Springs.

As you know, the home was unanimously approved for protected Class 1 historic status in late November 2021 . It was also listed in the National Register of Historic Places in 2019. With this in mind, we would now like to respectfully request a Mills Act contract.

The house was built in 1955 as the Wexler family home. As a midcentury modern postand-beam it requires constant upkeep in order to preserve the natural materials that were typical of the period. This includes annual painting, maintenance, and addressing any issues that may arise in the coming years (i.e., the home still has original sliding glass doors that are long overdue for repair). It is our intention to do everything in our power to keep the integrity of Mr. Wexler's design intact.

Enclosed please find proof of ownership, a legal description of the property and several photos of the exterior.

Please let us know if you require anything else from. We look forward to hearing from you.

Tha kyou~.

CITY COUNCIL STAFF REPORT
04/07/2022 1. G.

City Clerk -

SUBJECT
REQUEST BY DANIEL E. BRIDGE, OWNER, FOR APPROVAL OF A MILLS ACT

HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE ALEXANDER HOUSE OF TOMORROW, A CLASS 1 HISTORIC SITE LOCATED AT 1350 LADERA CIRCLE (APN #505-082-026), (HSPB #136)
RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Daniel E. Bridge.

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

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

Attachments
Item 1G

CITY COUNCIL STAFF REPORT
DATE: APRIL 7, 2022 CONSENT CALENDAR

SUBJECT: REQUEST BY DANIEL E. BRIDGE, OWNER, FOR APPROVAL OF A

MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR
THE ALEXANDER HOUSE OF TOMORROW, A CLASS 1 HISTORIC SITE LOCATED AT 1350 LADERA CIRCLE (APN #505-082-026), (HSPB #136) FROM: Justin Clifton, City Manager
BY: Planning Division
SUMMARY:

This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with the current property owner, Daniel E. Bridge, of a Class 1 historic site. 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 Daniel E. Bridge.

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 September 30, 2021, the City Council designated the property located at 1350 Ladera Circle, also known as “Alexander House of Tomorrow” (HSPB #136), a Class One Historic Site by adopting Resolution No. 24942.

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 Item 1G - 1
City Council Staff Report
April 7, 2022 – Page 2
Mills Act Agreement – 1350 Ladera Circle
a “Mills Act Agreement” and it provides for possible alternative property tax rate calculations in exchange for specific and ongoing preservation and maintenance of the property, specifically its historically significant elements and characteristics.

BELOW IS AN AERIAL VIEW OF 1350 LADERA CIRCLE PRIOR TO ITS 2021 RESTORATION 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. “Alexander House of Tomorrow” meets this definition because it is listed in the City of Palm Springs register of Class 1 historic sites as site HSPB #136.

FISCAL IMPACT:

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

Item 1G - 2
City Council Staff Report
April 7, 2022 – Page 3
Mills Act Agreement – 1350 Ladera Circle
REVIEWED BY:

Assistant Planning Director: David A. Newell
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:

A. Vicinity Map
B. City Council Resolution No.24942
C. Owner Letter
Item 1G - 3
Attachment A
Item 1G - 4
Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
1350 Ladera Circle
HSPB 136
Item 1G - 5

DOLORES
Legend
- Site
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Attachment B

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Item 1G - 7
RESOLUTION NO. 24942

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DESIGNATING "THE
ROBERT ALEXANDER RESIDENCE" LOCATED AT 1350
LADERA CIRCLE AS A CLASS 1 (LANDMARK) HISTORIC
RESOURCE HSPB #136, SUBJECT TO CONDITIONS (APN
505-082-026).

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES AS FOLLOWS:

A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, on May 4, 2021 the Historic Site Preservation Board ("HSPB") considered Case 3.0917 proposing alterations to the Class 3 site located at 1350 Ladera Circle. At that meeting the HSPB voted unanimously to deny the application, impose a 120-day stay of demolition / alteration, and directed staff to initiate an application for possible historic designation of the site; and
C. WHEREAS, in August 2021, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and D. WHEREAS, on August 26, 2021, the HSPB held a noticed public meeting, at which time it voted unanimously to extend the stay of demolition on Case 3.0917 by 60 days pursuant to Municipal Code Section 8.05.130 (C,4,d,i); and E. WHEREAS, on August 26, 2021, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #136 was held in accordance with applicable law; and
F. WHEREAS, at the said hearing, the HSPB carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony and voted unanimously to recommend Class 1 (Landmark) status to the City Council; and G. WHEREAS, on September 30, 2021, a noticed public hearing of the City Council to consider Case HSPB #134 was held in accordance with applicable law; and H. WHEREAS, at the said hearing, the City Council carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony presented.

Item 1G - 8 Resolution No. 24942 Page2

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

SECTION 1. That the foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION 2. FINDINGS - PART "A", CRITERIA FOR HISTORIC RESOURCES.

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.070 (C, 1,a), the HSPB shall evaluate the application and make findings in conformance with the following criteria:

Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings ("a" and "b'J are met:
a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

The Alexander residence exhibits exceptional historic significance because of its association with architect William Krisel, its association with Robert Alexander, a person of local significance, as a unique example of architecture from the mid twentieth century period, and because it reflects unique construction characteristics. (Criterion 1) The resource is associated with events that have made a meaningful contribution to the nation, state or community; On page 45 the report notes that although singer and actor Elvis Presley and his wife Priscilla rented the home for a brief period in 1967 and had their honeymoon at the home, that event itself does not constitute a meaningful contribution under this criterion. The report does not identify any other noteworthy events associated with the site; thus the City Council finds it does not qualify under Criterion 1. (Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history; The report notes on page 45 that the home is historically significant for its association with the lives of Robert and Helene Alexander. Robert Alexander and his father George ran the Alexander Development Company which is credited for transforming Palm Springs from an enclave of wealthy industrialists and notables from the movie industry to a vacation and retirement community accessible to the middle class. Both Robert and Helene were active in community affairs and philanthropy. For these reasons, the City Council finds that the site qualifies as a historic resource under Criterion 2. (Criterion 3) The resource reflects or exemplifies a particular period of national, state or local history;
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On page 46, the report explains that the Alexander Residence reflects the post-World War II period in terms of innovative design principles. The report notes that the home cleverly blends design characteristics of three different styles: (1) elements of Organic architecture with the fieldstone walls and integration of the structure with the topography of the site, (2) the mid-century period with its open floor plan, expansive use of floor-toceiling glass and integrated carport, and (3) the Google style, with its space-age aesthetic characterized by the wing-shape of the roofline and the "spaceship-like" quality of the master bedroom hovering over the front lawn and the "saucer-like" form of the suspended fireplace in the living room. For these reasons, the City Council finds that the site qualifies as a historic resource under Criterion 3.
(Criterion 4) The resource embodies the distinctive characteristics of a type, period or method of construction;
The form of the Alexander residence with its long, column-free rooflines and expansive cantilevered roofs providing shade and shelter from the desert sun at the front and rear terrace reflect the extensive amount of steel used in the construction of the house.

Although a common characteristic of mid-twentieth century design is to expose the structure as part of the aesthetic, the Alexander residence conceals the steel elements, belying the source of the structural stability of the long, open roof spans. The method of construction contributes to the dramatic visual effect of the structure. As such, the City Council finds that the home qualifies as a historic site under criterion 4. (Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
The design of the Alexander Residence is credited to the architectural firm of Palmer & Krisel. (Dan Saxon Palmer (1920-2007) and William Krisel (1924-2017). The business partnership between Palmer & Krisel lasted from 1949 through 1966. Although the report briefly mentions Palmer, it credits the primary design of the Alexander residence to Krisel.

Beginning on page 39, the report documents Krisel's architectural career, noting that the Alexander residence was perhaps Krisel's "most adventurous and high-spirited" custom home design. Early in their partnership, Palmer & Krisel decided to focus on the massproduced tract housing industry, putting into practice modern construction methods and materials to demonstrate how Modernist design could cut costs and deliver value while also producing attractive and livable dwellings.

Along with his contemporaries such as Donald Wexler and William Cody, Palmer & Krisel's work helped define what has become known as "Desert Modern architecture" and Krisel in particular continues to be recognized for his contribution in the post-war transformation and expansion of Palm Springs. Lastly, the exuberant "space-age" aesthetic of the Alexander residence, together with the one-of a kind floor plan using a series of circular pavilions at each corner of the diamond-shaped roof form create a unique structure that possesses high artistic value. Based on this, the City Council finds Item 1G - 10 Resolution No. 24942 Page4 that the Alexander residence qualifies as a historic site under Criterion 5. (Criterion 6) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
The report does not assert that the Alexander residence qualifies under Criterion 6. (Criterion 7) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

No information has been provided in the historic resources report on any pre-historic significance of the site.

SECTION 3. FINDINGS PART "B" - ANALYSIS OF INTEGRITY.

Analysis of Integrity. (PSMC 8.05.070 (C, 1,b). The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior's Standards: integrity of design, materials, workmanship, location, setting, feeling, or association. n
Beginning on page 48 of the report is an evaluation of the site relative to the seven D aspects or qualities of historic integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The report concludes that despite certain unpermitted additions and demolition of the pool and associated terrazzo terrace, the site retains a high degree of integrity and is further analyzed below:

1. Location:

The Alexander residence remains in the same location that it was constructed, thus it retains integrity of location.

2. Design:

As noted in the report, although the subject property reflects much of the original unique design characteristics, recent work has destroyed or altered some character-defining features. These include the terrazzo pool deck and exterior steps that extended outward from steps inside the home between the dining room and the living room, the swimming pool tile, edge coping and plaster. Most of the original landscape material has also been removed. Replacing the terrazzo pool terrace and steps with an appropriate exteriorgrade terrazzo would restore the design integrity of this part of the site. [_ j
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A room addition off the northwest corner of the home visually impairs the symmetry of the west elevation facing the rear yard. Removal of this unpermitted addition would strengthen the design integrity of the rear facade. Similarly, the stucco wall and garage doors that converted the original carport to a garage diminishes the defining characteristic of the carport. Open carports allowed ventilation and were common features in postWorld War II mid-century modern residential design.

Despite the adverse impact of these changes, (many of which are reversable) the home possesses good design integrity.

3. Setting:

The report analyzes the quality of Setting on page 49. Encroaching development, loss of views and privacy, and removal of the landscape have diminished the integrity of the setting of the Alexander residence. However, the overall context of the setting; that of a custom single-family dwelling on a hillside lot with direct "face-on" views at the end of a short cul de sac within a tract of other modern era homes remains.

4. Materials:

As noted on page 49 of the report, the rear yard is an important space for entertainment and recreation that emphasized the indoor-outdoor relationship characteristic of so many homes in Palm Springs. The complete demolition of the pool, tile, coping terrazzo terrace, steps and landscape diminishes the integrity of materials. Despite these losses, the rest of the home retains a good degree of material integrity with the fieldstone rock walls, stucco, glass, interior terrazzo and the washed aggregate circular stepping stones at the front entry.

5. Workmanship:

The property reflects a high level of quality in workmanship as evidenced in the hand-laid fieldstone-clad walls, careful method of integrating the frameless clerestory windows and precise detailing of the aluminum strips in the terrazzo; for example, in the family room where the aluminum strips converge in a spoke-like pattern at the fireplace. The attention to detail, many irregular angles, canted walls and circular form of the various parts of the home combine to reflect a substantial quality level of workmanship typical for a custom designed home for a high-profile client. Thus the home retains integrity of workmanship.

6. Feeling:

The design of the Alexander residence creates a unique, exuberant architectural expression that feels very much from the period of the late 1950's and early 1960's when America's fascination with space travel, jet-powered airplanes, flying saucers and modern styling were at their zenith. Furthermore, the feeling of casual contemporary living is still evident at the Alexander residence.

Item 1G - 12 Resolution No. 24942 Page6 7. Association:

The dwelling at 1350 Ladera Circle retains its association with owner/ developer Robert Alexander, architect William Krisel and the post-war period of innovative forward-minded modern design. Its space-age aesthetic is associated with the mid-twentieth century period. For these reasons, the City Council concurs that the site retains integrity of Association.

In conclusion, the City Council finds that the Alexander residence retains a high degree of historic integrity.

SECTION 4. DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource's historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character-defining features from non-original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.
site as follows:

On page 18 the report identifies the physical character-defining historic features of this D Overall Visual Aspects
• One-and-a-half story massing with spaceship quality in composition. • Location on sloped lot at terminus of cul-de-sac.
• Multiple levels that change in elevation using stairs and conform to the slope of site.
• Relationship between indoors and outdoors, expressed via floor-to-ceiling windows and continuation of terrazzo steps from living room and dining room to rear yard.
• Generally symmetrical composition on both the front and rear elevations. • Exterior use of fieldstone, stucco, glass, and aluminum. • Diamond-shaped plan with integral circular pavilions at each corner. • Vast shed roof configuration, including striking point centered over front facade, rounded corners, expansive eaves, and triangular cutouts. • Upper-level master bedroom projection over inset fieldstone-clad wall. • Offset entrance courtyard hidden from street view by fieldstone-clad wall and iron gate.
• Flush-mounted and metal-framed floor-to-ceiling windows, bands of windows, and clerestory windows and glass sliding doors. o
• Pentagonal gunite swimming pool at rear yard.

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Resolution No. 24942
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• Original open carport (enclosed at some point with a stucco-clad wood frame wall and metal overhead garage doors)
Visual Character at Close Range
• Spoke-like shape of beams that join or converge just above the fieldstone-clad wall underneath upper-level master bedroom projection.
• Decorative iron gate enclosing entrance courtyard.
• Circular, seeded aggregate steppingstones and rectangular landing set over a water feature clad in fieldstone.
• Pentagon-shaped terrazzo-clad projecting stoop with apex facing southeast. • Dramatic, full height, highly decorative multi-paneled wood double-door entry. • Oversized bronze doorknobs featuring densely textured patterns. • Oversized sconce light fixture placed asymmetrically to the west of the entry door.
• Clerestory glass that is frameless at the head, visually linking interior and exterior ceiling plane.

SECTION 5. NON-CONTRIBUTING ELEMENTS.

The City Council determines that the following elements do not contribute to the historic significance of the site:
• The stucco-clad wall and garage doors enclosing the carport. • The room addition off the northwest corner of the home adjacent to the fieldstone wall.
• The landscape. • Non-original windows on the north and west elevation. • The door from the master bedroom suite onto the carport I garage roof and the iron security gate at the roof level over the open stairway.

SECTION 6. ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

SECTION 7. CONDITIONS THAT APPLY TO CLASS 1 HISTORIC SITES.

According to Section 8.05 of the Municipal Code, the following shall apply to a Class 1 Item 1G - 14 Resolution No. 24942 Page 8 Historic Resource:

1. It shall meet the definition of a Class 1 historic site as outlined in Municipal Code D Section 8.05.020.

2. An archival file on the property shall be maintained by the City.

3. It may be qualified as 'historic' at the federal, state, and/or county level.

4. The structure/site may not be modified nor objects removed without following the procedures outlined in Municipal Code Section 8.05.110 uoemolition or Alteration of Class 1 and Class 2 Historic Resources - Certificate of Appropriateness".

5. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way.

6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required.

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council's resolution.

Based on the foregoing, the City Council hereby designates ''The Robert Alexander Residence" (aka ''The House of Tomorrow") located at 1350 Ladera Circle, a Class 1 historic resource (Case HSPB #136).

ADOPTED THIS 30TH DAY OF SEPTEMBER, 2021.

ATTEST:

ERK
D
u
Item 1G - 15
[
Resolution No. 24942
Page9

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24942 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 September 30, 2021, by the following vote:

AYES:

NOES:

ABSENT: ABSTAIN:

Councilmembers Garner, Kors, Woods, Mayor Pro Tern Middleton, and Mayor Holstege None None
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 95¼ day of Od:0Joed , 'Zotj Item 1G - 16
n
D
D
Attachment C

Item 1G - 17
Item 1G - 18
Ken Lyon, RA
Principal City Planner
Rabbi Daniel E. Bridge
ABSea Development, LLC
111 West Highland Drive
Seattle, WA 98119
bridgeseattle@g mai I .com
Historic Preservation Officer
Department of Planning Services
City of Palm Springs, California
3200 Tahquitz Canyon Way
Palm Springs, California 92263
Dear Ken,
Per your instructions, I am writing this request for a contract to apply the Mill Act to The Alexander Residence, 1350 Ladera Circle, Palm Springs, CA 922 2, Assessment No. APN Property Type Neighborhood Acreage Acreage 505082026505082026
Zone R, Section 10/T4S/R4S
Single Family Dwelling IN0925

0.48 0.51
Acres 0.48000000 AcreageQualCode ML Lot SEE MAP LotType L SubdivisionName SEE MAP
The owner of the property is an LLC, originally known as 40225 Sand Dune, LLC, and now known as ABSea Development, LLC (see attached documentation). The LLC was formed in Washington State and is registered both in California and Washington states. Managers of the LLC are Dan Brid e and Paul Armitstead.

The home was granted Class 1 Historic Designation by the City of Palm Sprin s and plans were approved by the Historic Site Preservation Board on Decemb r 7, 2021 . We are now in the final phase of restoration of the home and haven other home projects in process or planning. Our efforts are focused on finishi g this project, including installation of Title 24-compliant windows, restoration o pool, deck, driveway, and paint, installation of interior fixtures, cabinets, appliances, and finishes. Upon completion of the currently approved plan, th home will be in fully restored condition, with no other major capital improvem nt Item 1G - 19
Rabbi Daniel E. Bridge
ABSea Development, LLC
111 West Highland Drive
Seattle, WA 98119
[email protected]
projects needed to preserve or improve the historic integrity of the property or the foreseeable future.

I look forward to receiving information from your office on the progress of applying the Mills Act to our property.

Thank you.

Sincerely,

CITY COUNCIL STAFF REPORT
04/07/2022 1. H.

City Clerk -

SUBJECT
AWARD CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., IN THE AMOUNT OF $2,723,329 FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (CYCLE 8), FEDERAL AID PROJECT NO. HSIPLN-5282(047), CITY PROJECT NO. 16-18
RECOMMENDATION:

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

Attachments
Item 1H

CITY COUNCIL STAFF REPORT
DATE: April 7, 2022 CONSENT CALENDAR
SUBJECT: AWARD CONSTRUCTION CONTRACT TO ELECNOR BELCO
ELECTRIC, INC., IN THE AMOUNT OF $2,723,329 FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (CYCLE 8), FEDERAL AID
PROJECT NO. HSIPLN-5282(047), CITY PROJECT NO. 16-18
FROM: Justin Clifton, City Manager
BY: Engineering Division
SUMMARY:

Award of this contract will allow the City to proceed with construction of traffic signal improvements at 14 intersections and update corner ramps to current Americans with Disabilities Act (ADA) guidelines.

RECOMMENDATION:

1. Award a construction contract to Elecnor Belco Electric, Inc., in the amount of $2,723,329, for the Highway Safety Improvement Program (Cycle 8), Federal Aid Project No. HSIPLN-5282(047), City Project No. 16-18 (“the Project); and

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from Elecnor Belco Electric, Inc. is included as Attachment A.

BACKGROUND:

On May 9, 2016, the California Department of Transportation (Caltrans) released a call for projects to be funded through “Cycle 8” of the Federal Highway Safety Improvement Program (HSIP).

The Engineering Division evaluated the traffic collision and accident data for a 4-year period and coordinated with the Palm Springs Police Department to identify the intersections involving the highest number of collisions. Fourteen intersections were selected by Staff for this project. A map of the locations is included as Attachment B.

Item 1H - 1
City Council Staff Report
April 7, 2022 -- Page 2
HSIP Cycle 8 – Traffic Signal Improvements at 14 Intersections On November 21, 2016, Caltrans selected the project and awarded the City a grant in the amount of $2,686,600 to cover the design, construction, and management of the Project.

On June 7, 2017, the City Council approved the agreement with Caltrans to facilitate the use of federal funds and begin the design phase of the Project.

On February 21, 2018, the City Council awarded a Professional Services Agreement to Advantec Consulting Engineers, Inc. to conduct the required engineering studies, design, and preparation of the construction documents for the Project.

On April 8, 2021, the City Council approved the plans, specifications, and engineer’s estimate for the Project and authorized staff to advertise and solicit bids.

STAFF ANALYSIS:

On December 15, 2021, the Engineering Division advertised the Project to plan rooms, and through the City’s on-line procurement program, PlanetBids™ to allow the submission of bids electronically.

On December 17 and December 23, 2021, Staff advertised the Project for bids in The Desert Sun. The contract documents were available free of charge to prospective bidders.

On February 1, 2022, the Engineering Division received eight bids from the following contractors:

Company Location Bid Amount
Elecnor Belco Electric, Inc. Chino, CA $2,723,329
PTM General Engineering Services, Inc. Riverside, CA $2,881,081 Alfaro Communications Construction, Inc. Compton, CA $2,903,961 California Professional Engineering, Inc. La Puente, CA $2,965,003 Ferreira Coastal Construction Company Rancho Cucamonga, CA $3,153,534.48 Crosstown Electrical & Data, Inc. Irwindale, CA $3,213,073 DBX, Inc. Temecula, CA $3,248,327
Calpromax Engineering Inc. Placentia, CA $3,263,659
Elecnor Belco Electric, Inc. submitted the lowest responsive, responsible bid in the amount of $2,723,329. The engineer’s estimate for the project was $2,500,000.

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. Elecnor Item 1H - 2
City Council Staff Report
April 7, 2022 -- Page 3
HSIP Cycle 8 – Traffic Signal Improvements at 14 Intersections Belco Electric, Inc. is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses.

Bid Analysis
Staff reviewed all bid documents submitted by the apparent low bidder and determined that Elecnor Belco Electric, 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 this contractor.

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 Highway Safety Improvement Program (Cycle 8), Federal-Aid Project No. HSIPLN-5282(047), City Project No. 16-18, is considered categorically exempt from CEQA.

FISCAL IMPACT:

Construction costs have escalated since the City submitted its original grant application to Caltrans in 2017. Although Caltrans funded this project at the 100% rate, the maximum amount of the grant awarded is $2,686,600, and can’t increase without special consideration by Caltrans. Therefore, the City will need to use local funds for any costs above the maximum.

The grant of $2,686,600 is composed of phases, as shown in the table below:

HSIP Funding Project Phase Amount
Preliminary Engineering Phase (Environmental/Design) $479,700 Construction Engineering (Construction Management/Inspection) $287,800 Construction $1,919,100
Total HSIP Grant $2,686,600
The Engineering Division identified Local Gas Tax (SB1 Funds) as the source of additional funding if actual bid prices exceed cost estimates. The Engineering Division recommends the following funding be designated as in the table below.

Project Accounting Amount
Caltrans HSIP Cycle 8 Grant $1,919,100
Local Gas Tax / SB1 Gas Tax Funds $824,299
Construction Contract (this item) ($2,723,329)
Project Administration ($20,000)
Budget Remaining $0
Item 1H - 3
City Council Staff Report
April 7, 2022 -- Page 4
HSIP Cycle 8 – Traffic Signal Improvements at 14 Intersections REVIEWED BY:

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

A. Public Integrity Disclosure Form
B. Project Location Map
Item 1H - 4
Attachment A
Item 1H - 5
Item 1H - 6
(do not submit instructions page into PlanetBids)

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity
Elecnor Belco Electric, Inc.

2. Address of Entity (Principle Place of Business)
14320 Albers Wav. Chino. CA 91710

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

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

5. Type of Entity
Di:! Corporation • Limited Liability Company • Partnership • Trust • Other (please soecifv)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (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 orotherentity Alberto Garcia De Los Angeles - President lxl Officer • Director • Member • Manager Job• :-llcme - Yiia: ~r~sid~1ll
Jeroni Gervilla - Treasurer
• General Partner • Limited Partner
• Other
IXl Officer • Director • Member • Manager
• General Partner • Limited Partner
• Other
lxl Officer • Director • Member • Manager
• General Partner • Limited Partner
• Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Item 1H - 7
(do not submit instructions page into PlanetBids)

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

Jane Doe 50%, ABC Company, Inc.

NIA
[name of owner/investor] [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 entitvl
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 1/27/2022
. John Won / Vice Pre idenr

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

Item 1H - 8

UNANIMOUS WRITTEN CONSENT IN LIEU OF
2021 ANNUAL MEETING OF THE BOARD OF DIRECTORS
OF
ELECNOR BELCO ELECTRIC, INC.

January 1, 2021
The undersigned, being all of the members of the Board of Directors (the "Board") of Elecnor Belco Electric, Inc., a California corporation (the "Company"), in lieu of holding a meeting of the Board, hereby take the following actions and adopt the following resolutions by unanimous written consent:

WHEREAS, the Board has determined that it is in the Company's best interests to appoint a revised slate of Officers of the Company.

NOW, THEREFORE, BE IT RESOLVED, that the following persons be, and hereby are, elected to the offices set forth opposite their respective names, to hold such offices until their respective successors are elected and qualified at or before the next annual meeting of the Board, or until their earlier respective deaths, resignations or removals:

NAMES
Alberto Garcia De Los Angeles
Jeroni Gervilla
Roger De Vito
Pedro Enrile
Leonardo Sancho Frances
John Wong
OFFICE
President and Chief Executive Officer
Chief Financial Officer
Senior Vice President, General Counsel
and Assistant Secretary
Secretary
Vice President
Vice President for Construction
FURTHER RESOLVED, that Albe1to Garcia De Los Angeles, Jeroni Gervilla, Alberto Garcia and Roger De Vito in their respective capacities (listed above) subject to such supervisory powers of the Board of Directors, hereby are authorized and directed to perform all the duties commonly incident to that office; shall have authority to execute in the name of the Company contracts, leases and other written instruments to be executed by the Company; and, shall perform such other duties as the Board of Directors may from time to time determine.

FURTHER RESOLVED, that the President and Chief Executive Officer may delegate authority to any Chief Financial Officer or Chief Operating Officer or Senior Vice President or Vice President as and within their authority levels as set forth in the Company's Bylaws, as the same may be amended from time to time;
FURTHER RESOLVED, that Roger De Vito, in his capacity of Senior Vice President, or Leonardo Sancho Frances in his capacity of Vice President are hereby authorized and directed to:

I. Negotiate, sign, amend and terminate agreements in connection with the purpose of the Company, for all contracts up to $250,000.00, and acting jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla for all contracts in amounts greater than $250,000.00. 1 Item 1H - 9

2. Execute, amend and finalize bid proposals in connection with the purpose of the Company, for all proposals up to $1,000,000.00, and acting jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla for all proposals in amounts greater than $1,000,000.00.

3. Acting jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla, execute, amend and finalize purchase orders for materials and equipment in connection with the purpose of the Company.

4. Acting jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla, execute, amend and terminate agreements for the lease of real estate to be used as offices or job related temporary yards.

5. Acting jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla, execute, amend and terminate insurance and/or bid bonds arrangements in connection with the purpose of the Company.

6. Acting jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla, hire, suspend, impose sanctions and dismiss the administrative personnel of the Company, setting forth their employment terms and conditions, obligations and remuneration.

7. Acting jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla, settle and claims on behalfof the Company.

AND IT IS FURTHER RESOLVED, that all actions heretofore taken by the officers of the Company on behalf of and in the name of the Company, relating to the conduct of the business of the Company, the expenditure of money, the making of contracts and all other acts taken or omitted in the performance of their duties to the Company be, and the same hereby are, in all respects, approved, ratified and affirmed, as of the date taken, done or omitted, respectively.

The actions taken by the Board Consent shall have the same force and effect as if taken by the undersigned at a meeting of the Board of Directors, duly called and constituted pursuant to the Bylaws of the Company and the laws of the State of California. This Board Consent may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

IN WITNESS WHEREOF, the undersigned, being all of the members of the Board of Directors of Elecnor Belco Electric, Inc., have executed these actions by written consent as of the date first written above.

Luis Alcibar, Director
Alexander Arrola, Director
2 Attachment B
Item 1H - 10
Project Location Map

1. N. Palm Canyon Dr./San Rafael Dr. 8. S. Palm Canyon/Ramon Rd.

2. N. Indian Canyon Dr./San Rafael Dr. 9. Ramon Rd./Farrell Dr.

3. N. Indian Canyon Dr./Vista Chino 10. Ramon Rd./Vella Rd./Kirk Douglas Way

4. Sunrise Way/Vista Chino 11. Gene Autry Trail/Ramon Rd.

5. Gene Autry Trail/Vista Chino 12. Ramon Rd./San Luis Rey Dr.

6. Clubhouse View/Vista Chino 13. S. Palm Canyon Dr./Mesquite Ave.

7. N. Indian Canyon Dr./Tachevah Dr. 14. Gene Autry Trail/Mesquite Ave/Dinah Shore Dr.

Item 1H - 11
C:
f"'1
> GENE

AUTRY TRAIL

CITY COUNCIL STAFF REPORT
04/07/2022 1. I.

City Clerk -

SUBJECT

APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 01-22-22 AND 02-05-22 TOTALING $4,215,704.30 AND ACCOUNTS PAYABLE WARRANTS DATED 01-20-22 AND 02-03-22 TOTALING $8,724,113.18, IN THE AGGREGATE AMOUNT OF $12,939,817.48, DRAWN ON BANK OF AMERICA."
Attachments
Item 1I
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF

PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 01-22-22 AND 02-05-22 TOTALING
$4,215,704.30 AND ACCOUNTS PAYABLE WARRANTS
DATED 01-20-22 AND 02-03-22 TOTALING $8,724,113.18,
IN THE AGGREGATE AMOUNT OF $12,939,817.48,
DRAWN ON BANK OF AMERICA.

WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants; and
WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.

Nancy A. Pauley
Director of Finance and Treasurer
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that payroll warrants, claims, demands and liability checks have been audited as required by law and that said warrants are hereby approved for payment.

ADOPTED THIS 7TH DAY OF APRIL, 2022.

JUSTIN CLIFTON

CITY MANAGER
ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 1I - 1
Resolution No. _____

Page 2 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 1I - 2

INTEROFFICE MEMORANDUM
TO: City Council
FROM: Nancy A. Pauley, Director of Finance and Treasurer DATE:

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 1,867,465.71
DEFERRED COMP: ICMA 457 75,440.84
DEFERRED COMP: NATIONWIDE 25,007.63
ICMA RHS CONTRIBUTION 17,237.50
FEDERAL TAXES 264,982.93
STATE TAXES 85,496.01
10,312.99

CA DCCS
LIABILITY CHECK REGISTER 2002579-2002595 28,512.52
PAYROLL DIRECT DEPOSITS 1,335,621.70
3,223.04
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 421877-421889 21,630.55
April 7, 2022
PAYROLL PERIOD ENDING 1/22/2022
PAY DATE 1/28/2022
Payroll Wires and Warrants Memo for Council 2022.xlsx | 04072022 |3/31/2022 | 7:43 AM (AM) 1 | 1 Item 1I - 3

INTEROFFICE MEMORANDUM
TO: City Council
FROM: Nancy A. Pauley, Director of Finance and Treasurer DATE:

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 2,348,238.59
ICMA RHS CONTRIBUTION 18,525.00
CA DCCS 3,223.04
NY LIFE SUPPLMNTL INS 3,246.91
STATE TAXES 118,111.45
10,682.59
DEFERRED COMP: ICMA 457 37,037.84
DEFERRED COMP: NATIONWIDE 24,722.63
LIABILITY CHECK REGISTER 2002842-2002856 25,308.94
PAYROLL DIRECT DEPOSITS 1,706,337.10
FEDERAL TAXES 365,556.57
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 421890-421906 35,486.52
April 7, 2022
PAYROLL PERIOD ENDING 2/5/2022
PAY DATE 2/11/2022
Payroll Wires and Warrants Memo for Council 2022.xlsx | 04072022 (2) |3/31/2022 | 7:46 AM (AM) 1 | 1 Item 1I - 4
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 01/20/2022 16:49
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2002416 01/20/2022 PRINTED 100824 15000 INC 4,777.50
2002417 01/20/2022 PRINTED 100180 AMERICAN ASSOCIATION OF A 275.00 2002418 01/20/2022 PRINTED 101354 ADVANTEC CONSULTING ENGIN 4,316.00 2002419 01/20/2022 PRINTED 101028 AEG BUREAU OF TOURISM 69,989.17 2002420 01/20/2022 PRINTED 101028 AEG BUREAU OF TOURISM 167,833.33 2002421 01/20/2022 PRINTED 101028 AEG BUREAU OF TOURISM 138,333.33 2002422 01/20/2022 PRINTED 101938 AEK CAPITAL MANAGEMENT LL 46,919.92 2002423 01/20/2022 PRINTED 103690 AEROCLOUD SYSTEMS INC 32,988.00 2002424 01/20/2022 PRINTED 100345 NANNEI V INC 360.00
2002425 01/20/2022 PRINTED 100912 ALPHA MEDIA LLC 2,000.00 2002426 01/20/2022 PRINTED 101245 THE ALTUM GROUP 1,350.00 2002427 01/20/2022 PRINTED 100383 AMERICAN FORENSIC NURSES 2,369.36 2002428 01/20/2022 PRINTED 100235 AMTECH ELEVATOR SERVICES 27.32 2002429 01/20/2022 PRINTED 100370 AT & T 292.07
2002430 01/20/2022 PRINTED 100365 AT&T MOBILITY 90.31
2002431 01/20/2022 PRINTED 101410 ATWORK PERSONNEL SERVICES 2,448.27 2002432 01/20/2022 PRINTED 100556 AUDIO ASSOCIATES OF SAN D 6,549.45 2002433 01/20/2022 PRINTED 100366 BIO TOX LABORATORIES 4,119.00 2002434 01/20/2022 PRINTED 015918 JEFFREY BURTON 786.00 2002435 01/20/2022 PRINTED 100623 CA BUILDING STANDARDS COM 3,586.00 2002436 01/20/2022 PRINTED 100587 CALIFORNIA LIBRARY ASSOCI 165.00 2002437 01/20/2022 PRINTED 101860 CENTRAL COMMUNICATIONS 546.61 2002438 01/20/2022 PRINTED 100576 CIRCLE TAKE MEDIA 4,875.00 2002439 01/20/2022 PRINTED 010247 MICHELE CIRONE-COLLIER 55.00 2002440 01/20/2022 PRINTED 100652 CLEARS INC 50.00
2002441 01/20/2022 PRINTED 101755 CNS ENGINEERS INC 41,170.81 2002442 01/20/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 14,018.79 2002443 01/20/2022 PRINTED 100928 COLANTUONO HIGHSMITH AND 1,522.50 2002444 01/20/2022 PRINTED 100258 COPWARE INC 2,220.00
2002445 01/20/2022 PRINTED 103561 CORA CONSTRUCTORS INC 57,119.41 2002446 01/20/2022 PRINTED 100318 DATA TICKET INC 336.00 2002447 01/20/2022 PRINTED 100265 DELL MARKETING LP 3,190.88 2002448 01/20/2022 PRINTED 101281 DELTA DENTAL HMO 1,406.77 2002449 01/20/2022 PRINTED 101282 DELTA DENTAL PPO 21,308.56 2002450 01/20/2022 PRINTED 100091 DEPARTMENT OF CONSERVATIO 9,244.98 2002451 01/20/2022 PRINTED 100054 DESERT WATER AGENCY 451.26 2002452 01/20/2022 PRINTED 100054 DESERT WATER AGENCY 32,296.54 2002453 01/20/2022 PRINTED 100054 DESERT WATER AGENCY 1,771.02 2002454 01/20/2022 PRINTED 100609 DIRECTV 167.49
2002455 01/20/2022 PRINTED 100676 DIVISION OF THE STATE ARC 626.00 2002456 01/20/2022 PRINTED 100471 MARYANNE DORNIAK 2,028.25 2002457 01/20/2022 PRINTED 015813 FRANCISCO J DURAN 404.83 2002458 01/20/2022 PRINTED 101179 MARIANA DUSPIVA 486.00 2002459 01/20/2022 PRINTED 101648 ECITY TRANSACTIONS LLC 300.00 2002460 01/20/2022 PRINTED 101643 ECOSENSE CONSTRUCTION COR 14,553.44 2002461 01/20/2022 PRINTED 100750 ELM USA INC 399.63
2002462 01/20/2022 PRINTED 100226 ENTERPRISE RENT A CAR 787.28 2002463 01/20/2022 PRINTED 100206 ESSER SERVICES INC 88.00 2002464 01/20/2022 PRINTED 101264 EVERLAST CLIMBING INDUSTR 22,855.41 2002465 01/20/2022 PRINTED 010803 KELLY FIEUX 258.00
2002466 01/20/2022 PRINTED 100480 FRIENDS OF THE PS ANIMAL 553.05 2002467 01/20/2022 PRINTED 100480 FRIENDS OF THE PS ANIMAL 85,658.50 Item 1I - 5
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 01/20/2022 16:49
User: PatrickW
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2002468 01/20/2022 PRINTED 101723 FROG ENVIRONMENTAL 350.00 2002469 01/20/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,603.53 2002470 01/20/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 11,230.32 2002471 01/20/2022 PRINTED 100828 FUSION CLOUD SERVICES LLC 199.69 2002472 01/20/2022 PRINTED 100158 GALLS LLC 7,851.83
2002473 01/20/2022 PRINTED 101437 GL THE VERY BEST SERVICES 1,500.00 2002474 01/20/2022 PRINTED 101437 GL THE VERY BEST SERVICES 1,500.00 2002475 01/20/2022 PRINTED 100981 GLOBAL ASSETS INTEGRATED 2,700.00 2002476 01/20/2022 PRINTED 100536 GLS 64.21
2002477 01/20/2022 PRINTED 100313 GRANICUS INC 6,890.63 2002478 01/20/2022 PRINTED 100521 GRUBER POWER 2,406.24 2002479 01/20/2022 PRINTED 016344 DANIEL HARTIGAN 654.00 2002480 01/20/2022 PRINTED 103652 HESLIN CINEMATIC 300.00 2002481 01/20/2022 PRINTED 100519 HORIZON LIGHTING INC 95.99 2002482 01/20/2022 PRINTED 100584 DIVERSIFIED RISK INSURANC 219.00 2002483 01/20/2022 PRINTED 100443 IMAGINE IT MEDIA 305.00 2002484 01/20/2022 PRINTED 100483 INFOSAT 227.52
2002485 01/20/2022 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 2,433.20 2002486 01/20/2022 PRINTED 101727 IRON MOUNTAIN 203.37
2002487 01/20/2022 PRINTED 101364 IT1 SOURCE LLC 949.63 2002488 01/20/2022 PRINTED 015689 CHRISTOPHER JAEGER 150.00 2002489 01/20/2022 PRINTED 100442 KAMINSKY PRODUCTIONS 75.00 2002490 01/20/2022 PRINTED 103525 KGAY PSP CORPORATION 1,425.00 2002491 01/20/2022 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 9,940.00 2002492 01/20/2022 PRINTED 101599 TYSEN KNIGHT 1,650.00 2002493 01/20/2022 PRINTED 101200 KOA CORPORATION 1,518.84 2002494 01/20/2022 PRINTED 101785 KRONOS 254.68
2002495 01/20/2022 PRINTED 016014 JASON LAMB 165.15
2002496 01/20/2022 PRINTED 100332 LIEBERT CASSIDY WHITMORE 46,657.75 2002497 01/20/2022 PRINTED 101309 LNRS DATA SERVICES INC. 1,695.25 2002498 01/20/2022 PRINTED 011022 JAIME MACIAS 490.00
2002499 01/20/2022 PRINTED 100208 MANAGED HEALTH NETWORK IN 1,104.00 2002500 01/20/2022 PRINTED 100074 MATICH CORPORATION 1,183,839.98 2002501 01/20/2022 PRINTED 101798 MIDWEST TAPE INC 3,711.15 2002502 01/20/2022 PRINTED 016343 ANTHONY MIRANDA 654.00 2002503 01/20/2022 PRINTED 100765 MUNISERVICES / AVENU INSI 11,020.33 2002504 01/20/2022 PRINTED 016222 MITCHELL NABHAN 299.00 2002505 01/20/2022 PRINTED 101024 STROKE RECOVERY CENTER DB 5,000.00 2002506 01/20/2022 PRINTED 101159 ERIC BRENT NEVINS 5,245.29 2002507 01/20/2022 PRINTED 100417 NI GOVERNMENT SERVICES IN 272.33 2002508 01/20/2022 PRINTED 103682 NIGHT GOGGLES INC / NGI 2,379.47 2002509 01/20/2022 PRINTED 100638 O'BAYLEY COMMUNICATIONS 135.00 2002510 01/20/2022 PRINTED 100172 OFFICE DEPOT 4,965.47 2002511 01/20/2022 PRINTED 103547 OUTDOOR CREATIONS INC 4,928.81 2002512 01/20/2022 PRINTED 100458 PALM SPRINGS AIR MUSEUM I 10,000.00 2002513 01/20/2022 PRINTED 016341 BASIL PENNY 654.00
2002514 01/20/2022 PRINTED 101516 PHOTOS BY LANI 1,550.00 2002515 01/20/2022 PRINTED 100186 PJS DESERT TROPHIES & GIF 48.94 2002516 01/20/2022 PRINTED 101374 PRECISION TECHNOLOGIES 1,255.15 2002517 01/20/2022 PRINTED 100515 CHRISTOPHER ALLEN PREUSS 521.45 2002518 01/20/2022 PRINTED 101292 PROFESSIONAL MEDICAL WARE 44,108.60 2002519 01/20/2022 PRINTED 101767 PROFORMA SOCAL 274.29 Item 1I - 6
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 01/20/2022 16:49
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2002520 01/20/2022 PRINTED 100596 PROPER SOLUTIONS INC 41,342.65 2002521 01/20/2022 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 791.05 2002522 01/20/2022 PRINTED 100654 PS RESORTS 75,047.00
2002523 01/20/2022 PRINTED 101250 PWLC II INC 21,327.63 2002524 01/20/2022 PRINTED 101230 R S AND H CALIFORNIA INC 10,898.40 2002525 01/20/2022 PRINTED 100695 RISE INTERPRETING INC 540.00 2002526 01/20/2022 PRINTED 100628 RIVERSIDE COUNTY CLERK 156.00 2002527 01/20/2022 PRINTED 101691 RLP UNIFORM INC 1,746.93 2002528 01/20/2022 PRINTED 103639 PRINTFLY CORPORATION 601.22 2002529 01/20/2022 PRINTED 100379 SAN BERNARDINO COUNTY SHE 324.00 2002530 01/20/2022 PRINTED 101542 SC COMMERCIAL 3,748.23 2002531 01/20/2022 PRINTED 101515 MARIA SHAFER 2,900.00 2002532 01/20/2022 PRINTED 100245 SIGN A RAMA 64.89
2002533 01/20/2022 PRINTED 100010 SMOKE TREE STABLES 759.40 2002534 01/20/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 59,082.35 2002535 01/20/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 46,791.92 2002536 01/20/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 15,996.08 2002537 01/20/2022 PRINTED 100594 SOUTHWEST PLUMBING INC 705.00 2002538 01/20/2022 PRINTED 101356 ST FRANCIS ELECTRIC LLC 72,894.18 2002539 01/20/2022 PRINTED 100907 STEVE BECK 1,271.20
2002540 01/20/2022 PRINTED 016047 ANDREW TIEDEMAN 129.00 2002541 01/20/2022 PRINTED 103602 TIMBERLINE GSE INC 55,259.38 2002542 01/20/2022 PRINTED 100353 TIME WARNER CABLE 1,456.99 2002543 01/20/2022 PRINTED 100353 TIME WARNER CABLE 583.25 2002544 01/20/2022 PRINTED 100353 TIME WARNER CABLE 194.97 2002545 01/20/2022 PRINTED 100353 TIME WARNER CABLE 199.99 2002546 01/20/2022 PRINTED 100353 TIME WARNER CABLE 107.98 2002547 01/20/2022 PRINTED 100353 TIME WARNER CABLE 583.25 2002548 01/20/2022 PRINTED 100353 TIME WARNER CABLE 583.25 2002549 01/20/2022 PRINTED 100353 TIME WARNER CABLE 234.99 2002550 01/20/2022 PRINTED 100353 TIME WARNER CABLE 129.99 2002551 01/20/2022 PRINTED 101391 TRANSUNION RISK AND ALTER 436.00 2002552 01/20/2022 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 3,600.00 2002553 01/20/2022 PRINTED 103601 TUNNELWORKS SERVICES INC 302,159.09 2002554 01/20/2022 PRINTED 101384 TYLER TECHNOLOGIES INC 15,610.00 2002555 01/20/2022 PRINTED 100386 U S CUSTOMS SERVICE 5,393.36 2002556 01/20/2022 PRINTED 101329 UPBEAT PARADE PRODUCTIONS 23,892.38 2002557 01/20/2022 PRINTED 100295 US BANK CORPORATE PAYMENT 85,785.64 2002558 01/20/2022 PRINTED 101784 V AND V MANUFACTURING 87.55 2002559 01/20/2022 PRINTED 015945 JUAN VASQUEZ 150.00
2002560 01/20/2022 PRINTED 100267 VEOLIA WATER NORTH AMERIC 409,316.35 2002561 01/20/2022 PRINTED 100144 VERIZON WIRELESS 2,019.64 2002562 01/20/2022 PRINTED 100144 VERIZON WIRELESS 2,003.34 2002563 01/20/2022 PRINTED 100144 VERIZON WIRELESS 760.20 2002564 01/20/2022 PRINTED 100144 VERIZON WIRELESS 7,395.04 2002565 01/20/2022 PRINTED 101490 VIC'S AIR CONDITIONING 250.00 2002566 01/20/2022 PRINTED 100050 VISION SERVICE PLAN 5,784.02 2002567 01/20/2022 PRINTED 101277 VOHNE LICHE KENNELS INC 175.00 2002568 01/20/2022 PRINTED 100156 WAXIE SANITARY SUPPLY 9,972.79 2002569 01/20/2022 PRINTED 101680 WEST COAST CODE CONSULTAN 49,370.63 2002570 01/20/2022 PRINTED 100602 WEX BANK 1,570.68
2002571 01/20/2022 PRINTED 103503 MARK K WHITE 262.50
Item 1I - 7
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 01/20/2022 16:49
User: PatrickW
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2002572 01/20/2022 PRINTED 015012 CRAIG WOOD 169.29
2002573 01/20/2022 PRINTED 102721 WOOD ENVIRONMENT & INFRAS 1,410.00 2002574 01/20/2022 PRINTED 100445 WOODRUFF SPRADLIN AND SMA 14,662.46 2002575 01/20/2022 PRINTED 100255 WSP USA INC 19,591.40 2002576 01/20/2022 PRINTED 100908 YAMADA SPA MANAGEMENT INC 240.00 2002577 01/20/2022 PRINTED 103501 ZASUETA CONTRACTING INC 90,250.00 2002578 01/20/2022 PRINTED 100268 ZOLL MEDICAL CORPORATION 1,401.47 163 CHECKS CASH ACCOUNT TOTAL 3,668,168.13 .00
Item 1I - 8
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 01/20/2022 16:49
User: PatrickW
Program ID: apchkrcn

Page 5 ends

UNCLEARED CLEARED
163 CHECKS FINAL TOTAL 3,668,168.13 .00
** END OF REPORT - Generated by Patrick Wynhoff **
Item 1I - 9
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/03/2022 14:17
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2002596 02/03/2022 PRINTED 101208 ABM AVIATION INC 55,699.82 2002597 02/03/2022 PRINTED 101263 ACTION PARK ALLIANCE 24,500.00 2002598 02/03/2022 PRINTED 101028 AEG BUREAU OF TOURISM 13,972.43 2002599 02/03/2022 PRINTED 100218 AGUA CALIENTE BAND OF CAH 5,000.00 2002600 02/03/2022 PRINTED 100660 AIRGAS USA LLC 144.42 2002601 02/03/2022 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 400.00 2002602 02/03/2022 PRINTED 100154 AL MILLER AND SONS ROOFIN 1,200.00 2002603 02/03/2022 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 25,449.95 2002604 02/03/2022 PRINTED 101228 ALL GREEN ELECTRONICS REC 650.00 2002605 02/03/2022 PRINTED 100845 AMERICAN DOCUMENTARY FILM 5,000.00 2002606 02/03/2022 PRINTED 100415 AMERICAN NATIONAL RED CRO 5,000.00 2002607 02/03/2022 PRINTED 101165 NUBIA APARICIO 10,000.00 2002608 02/03/2022 PRINTED 100310 ASAP PUMPING INC 1,300.00 2002609 02/03/2022 PRINTED 100365 AT&T MOBILITY 85.40
2002610 02/03/2022 PRINTED 101410 ATWORK PERSONNEL SERVICES 387.30 2002611 02/03/2022 PRINTED 100413 B & H PHOTO 467.24
2002612 02/03/2022 PRINTED 016161 RYAN BACKUS 165.00
2002613 02/03/2022 PRINTED 101049 MARY BARSALEAU 1,462.50 2002614 02/03/2022 PRINTED 101386 BEYONDTRUST SOFTWARE 7,025.15 2002615 02/03/2022 PRINTED 101488 BIO SOCAL 495.00
2002616 02/03/2022 PRINTED 101858 BLACK DIAMOND SOLUTIONS 18,617.64 2002617 02/03/2022 PRINTED 103733 BLAIR HEATING AND AIR CON 121.17 2002618 02/03/2022 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 503,239.13 2002619 02/03/2022 PRINTED 101507 BOO2BULLYING INC. 2,500.00 2002620 02/03/2022 PRINTED 100568 BOYS AND GIRLS CLUB OF PA 40,000.00 2002621 02/03/2022 PRINTED 100128 BRODART CO 8,084.75
2002622 02/03/2022 PRINTED 103732 PATTI BROSS 20.00
2002623 02/03/2022 PRINTED 101331 BRUCE ALAN BOWER 7,685.24 2002624 02/03/2022 PRINTED 100234 BURRTEC ENVIRONMENTAL 6,867.49 2002625 02/03/2022 PRINTED 100173 BUSINESS SUPPLIES UNLIMIT 500.37 2002626 02/03/2022 PRINTED 103715 BUZZFACTORY INC 311.49 2002627 02/03/2022 PRINTED 100460 CALIFA GROUP 1,262.28 2002628 02/03/2022 PRINTED 100044 CALIFORNIA HIGHWAY PATROL 5,323.02 2002629 02/03/2022 PRINTED 015951 JENNIFER RIVERA CALLEROS 255.32 2002630 02/03/2022 PRINTED 100551 CAPIO 30.00
2002631 02/03/2022 PRINTED 101344 CBT NUGGETS LLC 3,594.00 2002632 02/03/2022 PRINTED 100240 CHRIS W FOSTER INC 4,800.00 2002633 02/03/2022 PRINTED 100558 CINTAS CORPORATION 134.41 2002634 02/03/2022 PRINTED 101350 CLASSIC AUTO RESTYLING 195.00 2002635 02/03/2022 PRINTED 100387 COACHELLA VALLEY ECONOMIC 87,500.00 2002636 02/03/2022 PRINTED 100155 COMTRONIX COMMUNICATIONS 815.55 2002637 02/03/2022 PRINTED 015816 JOSEPH CONLON 161.63
2002638 02/03/2022 PRINTED 101598 CORODATA RECORDS MANAGEME 53.54 2002639 02/03/2022 PRINTED 100205 NANCY K BOHL INC 2,942.50 2002640 02/03/2022 PRINTED 100751 COUNTY OF RIVERSIDE EMD 3,514.50 2002641 02/03/2022 PRINTED 100318 DATA TICKET INC 522.00 2002642 02/03/2022 PRINTED 100265 DELL MARKETING LP 18,485.91 2002643 02/03/2022 PRINTED 100276 DELS FLOORING CONTRACTORS 2,282.00 2002644 02/03/2022 PRINTED 101281 DELTA DENTAL HMO 1,693.48 2002645 02/03/2022 PRINTED 101282 DELTA DENTAL PPO 20,725.96 2002646 02/03/2022 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 284.00 2002647 02/03/2022 PRINTED 100479 DESERT AIDS PROJECT 25,000.00 Item 1I - 10
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/03/2022 14:17
User: PatrickW
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2002648 02/03/2022 PRINTED 103589 DESERT ARC 40.00
2002649 02/03/2022 PRINTED 103589 DESERT ARC 5,000.00
2002650 02/03/2022 PRINTED 100580 DESERT PROMOTIONAL EMBROI 13.05 2002651 02/03/2022 PRINTED 100054 DESERT WATER AGENCY 3,017.10 2002652 02/03/2022 PRINTED 100054 DESERT WATER AGENCY 31,792.85 2002653 02/03/2022 PRINTED 100054 DESERT WATER AGENCY 57.31 2002654 02/03/2022 PRINTED 100054 DESERT WATER AGENCY 98.42 2002655 02/03/2022 PRINTED 100054 DESERT WATER AGENCY 7,256.80 2002656 02/03/2022 PRINTED 101177 DESERT WINDS FREEDOM BAND 1,000.00 2002657 02/03/2022 PRINTED 100145 DFM ASSOCIATES 82.65
2002658 02/03/2022 PRINTED 100254 DOKKEN ENGINEERING 61,641.00 2002659 02/03/2022 PRINTED 015648 ALAN DONOVAN 108.74
2002660 02/03/2022 PRINTED 101244 DOWNS ENERGY 31,145.95 2002661 02/03/2022 PRINTED 100984 DTPS C-15 LLC 3,090.00 2002662 02/03/2022 PRINTED 100294 DUDEK 20,382.00
2002663 02/03/2022 PRINTED 100090 EBSCO 4,667.99
2002664 02/03/2022 PRINTED 101775 ENVISIONWARE INC. 1,450.00 2002665 02/03/2022 PRINTED 101496 ESCOBEDO ENTERPRISES 1,359.32 2002666 02/03/2022 PRINTED 100206 ESSER SERVICES INC 650.00 2002667 02/03/2022 PRINTED 100376 EXPERIAN 77.00
2002668 02/03/2022 PRINTED 100369 FAIR HOUSING COUNCIL OF R 2,000.00 2002669 02/03/2022 PRINTED 101799 FARONICS TECHNOLOGIES (US 6,165.00 2002670 02/03/2022 PRINTED 100081 FEDERAL EXPRESS CORPORATI 219.09 2002671 02/03/2022 PRINTED 101194 FLEX ADVANTAGE 656.25 2002672 02/03/2022 PRINTED 100395 FRIENDS OF THE PALM SPRIN 2,655.25 2002673 02/03/2022 PRINTED 100480 FRIENDS OF THE PS ANIMAL 547.50 2002674 02/03/2022 PRINTED 100480 FRIENDS OF THE PS ANIMAL 12,500.00 2002675 02/03/2022 PRINTED 101723 FROG ENVIRONMENTAL 575.00 2002676 02/03/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 64.09 2002677 02/03/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 125.98 2002678 02/03/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 68.30 2002679 02/03/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 68.30 2002680 02/03/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,499.99 2002681 02/03/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 64.09 2002682 02/03/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 59.81 2002683 02/03/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 68.30 2002684 02/03/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,083.54 2002685 02/03/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,590.56 2002686 02/03/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 11,043.93 2002687 02/03/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C .48 2002688 02/03/2022 PRINTED 101665 FROSTLINE REFRIGERATION 399.80 2002689 02/03/2022 PRINTED 103574 FULL COMPASS SYSTEMS LTD 988.72 2002690 02/03/2022 PRINTED 016363 TERESA GALLAVAN 150.00 2002691 02/03/2022 PRINTED 103738 GILBERTO GARCIA 750.00 2002692 02/03/2022 PRINTED 100536 GLS 47.23
2002693 02/03/2022 PRINTED 016084 VERONICA GOEDHART 71.61 2002694 02/03/2022 PRINTED 101514 GRAFFITI PROTECTIVE COATI 6,372.30 2002695 02/03/2022 PRINTED 103741 GRASSROOTS JUNIOR TENNIS 2,000.00 2002696 02/03/2022 PRINTED 103736 GRIDIRON REAL ESTATE INVE 1,000.00 2002697 02/03/2022 PRINTED 103735 GUYS AND GALS CAREER & SA 230.25 2002698 02/03/2022 PRINTED 101808 HARC INC 5,000.00
2002699 02/03/2022 PRINTED 101616 HIDDEN HARVEST 5,000.00 Item 1I - 11
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/03/2022 14:17
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2002700 02/03/2022 PRINTED 101761 HUGHES NETWORK SYSTEMS LL 131.07 2002701 02/03/2022 PRINTED 100204 ICC INC 145.00
2002702 02/03/2022 PRINTED 100388 INFOTOX INC 595.00
2002703 02/03/2022 PRINTED 103635 INLAND EMPIRE BROADCASTIN 2,000.00 2002704 02/03/2022 PRINTED 101274 INTELESYSONE 3,721.66 2002705 02/03/2022 PRINTED 101727 IRON MOUNTAIN 5,987.07 2002706 02/03/2022 PRINTED 101364 IT1 SOURCE LLC 4,781.09 2002707 02/03/2022 PRINTED 100716 JEWISH FAMILY SERVICE OF 20,000.00 2002708 02/03/2022 PRINTED 100359 JIMS DESERT RADIATOR 1,694.99 2002709 02/03/2022 PRINTED 101700 JNS NEXT 3,039.82
2002710 02/03/2022 PRINTED 100488 JOEY ENGLISH PRODUCTIONS 1,200.00 2002711 02/03/2022 PRINTED 101753 JOHN BEAN TECHNOLOGIES CO 762,131.08 2002712 02/03/2022 PRINTED 101753 JOHN BEAN TECHNOLOGIES CO 11,524.11 2002713 02/03/2022 PRINTED 101510 KC'S LAWNMOWER SHOP LLC 4,886.76 2002714 02/03/2022 PRINTED 100336 KEENAN AND ASSOCIATES 17,409.60 2002715 02/03/2022 PRINTED 103525 KGAY PSP CORPORATION 1,095.00 2002716 02/03/2022 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 32,992.27 2002717 02/03/2022 PRINTED 101475 LA PRENSA HISPANA INC 4,200.00 2002718 02/03/2022 PRINTED 101185 LAWRENCE HEISKELL 900.00 2002719 02/03/2022 PRINTED 101713 LESAR DEVELOPMENT CONSULT 11,752.80 2002720 02/03/2022 PRINTED 100662 THE LGBTQ COMMUNITY CENTE 20,000.00 2002721 02/03/2022 PRINTED 103489 MAKAI SOLUTIONS 475.00 2002722 02/03/2022 PRINTED 100849 MANSFIELD POWER AND GAS L 159,913.79 2002723 02/03/2022 PRINTED 100074 MATICH CORPORATION 1,300,058.09 2002724 02/03/2022 PRINTED 100277 METRO VIDEO SYSTEMS INC 2,812.50 2002725 02/03/2022 PRINTED 103673 MICHAEL SANOM COMMUNICATI 5,000.00 2002726 02/03/2022 PRINTED 101798 MIDWEST TAPE INC 5,668.31 2002727 02/03/2022 PRINTED 100009 MIZELL CENTER 100,000.00 2002728 02/03/2022 PRINTED 101794 MK SOLUTIONS INC 3,843.78 2002729 02/03/2022 PRINTED 100223 MOBILE MINI LLC CA 162.35 2002730 02/03/2022 PRINTED 016124 MONIQUE LOMELI 35.05
2002731 02/03/2022 PRINTED 100520 MONTGOMERY HARDWARE 3,753.62 2002732 02/03/2022 PRINTED 101855 MOTOWORX GARAGE 377.53 2002733 02/03/2022 PRINTED 101304 MWH CONSTRUCTORS INC 55,720.64 2002734 02/03/2022 PRINTED 100148 NALCO COMPANY 10,672.60 2002735 02/03/2022 PRINTED 100040 NBS 17,001.17
2002736 02/03/2022 PRINTED 100417 NI GOVERNMENT SERVICES IN 272.33 2002737 02/03/2022 PRINTED 100172 OFFICE DEPOT 6,145.30 2002738 02/03/2022 PRINTED 101742 OVERDRIVE INC 3,133.49 2002739 02/03/2022 PRINTED 101805 PACIFIC LIGHTING AND STAN 18,168.28 2002740 02/03/2022 PRINTED 101746 PALM SPRINGS CULTURAL CEN 20,000.00 2002741 02/03/2022 PRINTED 100003 PALM SPRINGS DISPOSAL SER 206.95 2002742 02/03/2022 PRINTED 100133 PALM SPRINGS MOTORS 1,533.83 2002743 02/03/2022 PRINTED 100147 PATTON DOOR AND GATE 342.86 2002744 02/03/2022 PRINTED 103521 PLAZA TOWING INC 150.00 2002745 02/03/2022 PRINTED 100598 PROFORCE LAW ENFORCEMENT 6,391.13 2002746 02/03/2022 PRINTED 101767 PROFORMA SOCAL 352.89 2002747 02/03/2022 PRINTED 100596 PROPER SOLUTIONS INC 7,231.82 2002748 02/03/2022 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 766.45 2002749 02/03/2022 PRINTED 100476 MIRNA CAMPOS 52.00
2002750 02/03/2022 PRINTED 100476 PS SMOG 176.00
2002751 02/03/2022 PRINTED 101658 THE PUN GROUP LLP 60,500.00 Item 1I - 12
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/03/2022 14:17
User: PatrickW
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2002752 02/03/2022 PRINTED 101250 PWLC II INC 34,998.62 2002753 02/03/2022 PRINTED 103563 PYRO-COMM SYSTEMS INC 70.00 2002754 02/03/2022 PRINTED 101493 QUINN RENTAL SERVICE 24,505.77 2002755 02/03/2022 PRINTED 101692 THE QUOTIENT GROUP LLC 511.75 2002756 02/03/2022 PRINTED 101352 R & R JANITORIAL SERVICE 39,330.73 2002757 02/03/2022 PRINTED 101230 R S AND H CALIFORNIA INC 7,750.03 2002758 02/03/2022 PRINTED 102903 RACEWAY FORD 9,685.00 2002759 02/03/2022 PRINTED 101527 RATTLE TECH LLC 500.00 2002760 02/03/2022 PRINTED 101728 PALM SPRINGS WATER SYSTEM 822.00 2002761 02/03/2022 PRINTED 101875 RELIABLE TRANSLATIONS INC 75.00 2002762 02/03/2022 PRINTED 101363 RICONDO AND ASSOCIATES IN 11,205.72 2002763 02/03/2022 PRINTED 101809 RIVERSIDE TOP SCALE INC 220.00 2002764 02/03/2022 PRINTED 101694 ROBERT CONNELLY 428.75 2002765 02/03/2022 PRINTED 016025 ZEFERINO RODRIGUEZ 1,500.00 2002766 02/03/2022 PRINTED 103671 SAFE LIFE DEFENSE LLC 9,846.28 2002767 02/03/2022 PRINTED 103737 SUSAN SAXE-CLIFFORD PHD 2,271.25 2002768 02/03/2022 PRINTED 101542 SC COMMERCIAL 6,977.90 2002769 02/03/2022 PRINTED 103734 ALAN SCOTT 115.00
2002770 02/03/2022 PRINTED 100669 SESAC INC 1,025.00
2002771 02/03/2022 PRINTED 101515 MARIA SHAFER 100.00
2002772 02/03/2022 PRINTED 100435 THE SHREDDERS 50.00
2002773 02/03/2022 PRINTED 103659 LARA HANCOCK 435.00
2002774 02/03/2022 PRINTED 100923 HELEN I SMITH 81.60
2002775 02/03/2022 PRINTED 101822 SO CAL LAND MAINTENANCE I 17,416.00 2002776 02/03/2022 PRINTED 103740 SOROPTIMIST HOUSE OF HOPE 2,500.00 2002777 02/03/2022 PRINTED 100327 SOUTH COAST EMERGENCY VEH 26,351.19 2002778 02/03/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 17,958.00 2002779 02/03/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 50,859.74 2002780 02/03/2022 PRINTED 100594 SOUTHWEST PLUMBING INC 864.93 2002781 02/03/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 539.41 2002782 02/03/2022 PRINTED 100120 SPOK INC 45.05
2002783 02/03/2022 PRINTED 100084 STERICYCLE INC LLC SHRED 656.00 2002784 02/03/2022 PRINTED 100043 SWRCB FEES 20,162.00
2002785 02/03/2022 PRINTED 101825 TELOS IDENTITY MGMT SOLUT 1,433.25 2002786 02/03/2022 PRINTED 100157 TENNANT SALES AND SERVICE 190.75 2002787 02/03/2022 PRINTED 103731 NANCY J THOMAS 31.00
2002788 02/03/2022 PRINTED 100353 TIME WARNER CABLE 192.26 2002789 02/03/2022 PRINTED 100353 TIME WARNER CABLE 299.99 2002790 02/03/2022 PRINTED 100353 TIME WARNER CABLE 2,556.66 2002791 02/03/2022 PRINTED 100353 TIME WARNER CABLE 119.99 2002792 02/03/2022 PRINTED 100353 TIME WARNER CABLE 583.25 2002793 02/03/2022 PRINTED 100353 TIME WARNER CABLE 199.99 2002794 02/03/2022 PRINTED 100353 TIME WARNER CABLE 145.45 2002795 02/03/2022 PRINTED 100353 TIME WARNER CABLE 3,514.16 2002796 02/03/2022 PRINTED 100353 TIME WARNER CABLE 114.98 2002797 02/03/2022 PRINTED 100353 TIME WARNER CABLE 179.47 2002798 02/03/2022 PRINTED 100353 TIME WARNER CABLE 154.99 2002799 02/03/2022 PRINTED 100353 TIME WARNER CABLE 224.98 2002800 02/03/2022 PRINTED 100353 TIME WARNER CABLE 314.98 2002801 02/03/2022 PRINTED 100353 TIME WARNER CABLE 107.98 2002802 02/03/2022 PRINTED 100353 TIME WARNER CABLE 583.25 2002803 02/03/2022 PRINTED 100353 TIME WARNER CABLE 583.25 Item 1I - 13
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/03/2022 14:17
User: PatrickW
Program ID: apchkrcn

Page 5 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2002804 02/03/2022 PRINTED 100353 TIME WARNER CABLE 583.25 2002805 02/03/2022 PRINTED 100353 TIME WARNER CABLE 583.25 2002806 02/03/2022 PRINTED 100353 TIME WARNER CABLE 129.99 2002807 02/03/2022 PRINTED 100353 TIME WARNER CABLE 1,317.25 2002808 02/03/2022 PRINTED 100353 TIME WARNER CABLE 101.51 2002809 02/03/2022 PRINTED 100353 TIME WARNER CABLE 1,769.00 2002810 02/03/2022 PRINTED 100353 TIME WARNER CABLE 1,201.64 2002811 02/03/2022 PRINTED 100353 TIME WARNER CABLE 159.82 2002812 02/03/2022 PRINTED 100289 TOP OF THE LINE SIGNS 846.03 2002813 02/03/2022 PRINTED 100031 TOPS N BARRICADES INC 29,607.72 2002814 02/03/2022 PRINTED 100708 TOWNIE BAGELS LLC 750.00 2002815 02/03/2022 PRINTED 101503 TRANSGENDER HEALTH & WELL 10,000.00 2002816 02/03/2022 PRINTED 101690 TRIDENT TECHNOLOGIES 10,352.76 2002817 02/03/2022 PRINTED 103601 TUNNELWORKS SERVICES INC 186,304.31 2002818 02/03/2022 PRINTED 101384 TYLER TECHNOLOGIES INC 11,970.00 2002819 02/03/2022 PRINTED 100386 U S CUSTOMS SERVICE 4,472.34 2002820 02/03/2022 PRINTED 100114 UNITED RENTALS NA INC 506.70 2002821 02/03/2022 PRINTED 100295 US BANK CORPORATE PAYMENT 96,991.65 2002822 02/03/2022 PRINTED 101327 US SECURITY ASSOCIATES IN 2,884.06 2002823 02/03/2022 PRINTED 100200 VALLEY LOCK AND SAFE 389.97 2002824 02/03/2022 PRINTED 100224 VALLEY POWER SYSTEMS INC 660.00 2002825 02/03/2022 PRINTED 100267 VEOLIA WATER NORTH AMERIC 118,091.71 2002826 02/03/2022 PRINTED 100621 VERIZON BUSINESS 1,052.75 2002827 02/03/2022 PRINTED 100621 VERIZON BUSINESS 34,803.42 2002828 02/03/2022 PRINTED 100144 VERIZON WIRELESS 4,266.90 2002829 02/03/2022 PRINTED 100144 VERIZON WIRELESS 1,983.32 2002830 02/03/2022 PRINTED 100144 VERIZON WIRELESS 5,471.45 2002831 02/03/2022 PRINTED 100144 VERIZON WIRELESS 2,328.98 2002832 02/03/2022 PRINTED 015149 MIKE A VILLEGAS 129.00 2002833 02/03/2022 PRINTED 100121 VISIT GREATER PALM SPRING 139,490.73 2002834 02/03/2022 PRINTED 101484 VITAC 1,232.00
2002835 02/03/2022 PRINTED 101752 VORTEX INDUSTRIES INC 770.00 2002836 02/03/2022 PRINTED 100156 WAXIE SANITARY SUPPLY 188.95 2002837 02/03/2022 PRINTED 101680 WEST COAST CODE CONSULTAN 24,181.31 2002838 02/03/2022 PRINTED 100233 WESTERN PUMP INC. 500.00 2002839 02/03/2022 PRINTED 100602 WEX BANK 1,581.11
2002840 02/03/2022 PRINTED 101824 WILLDAN ENGINEERING 2,786.00 2002841 02/03/2022 PRINTED 103501 ZASUETA CONTRACTING INC 191,090.60 246 CHECKS CASH ACCOUNT TOTAL 5,055,945.05 .00
Item 1I - 14
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/03/2022 14:17
User: PatrickW
Program ID: apchkrcn

Page 6 ends

UNCLEARED CLEARED
246 CHECKS FINAL TOTAL 5,055,945.05 .00
** END OF REPORT - Generated by Patrick Wynhoff **
Item 1I - 15

CITY COUNCIL STAFF REPORT
04/07/2022 1. J.

City Clerk -

SUBJECT
APPROVAL OF CONTRACT SERVICE AGREEMENTS WITH LIBCO INC., DBA MAGICAL HOLIDAY DESIGNS; KINCAID INDUSTRIES, INC.; CALIFORNIA EASY RENOVATIONS, INC.; ALLISON MECHANICAL, INC.; M. BREY ELECTRIC, INC.; AJ FISTES CORPORATION; VALLEY LOCK AND SAFE, INC.; AND AL MILLER & SONS ROOFING CO., INC. IN A TOTAL AMOUNT NOT TO EXCEED $2,823,450 RECOMMENDATION:

8. 9. Authorize the City Manager to execute all necessary documents.

Attachments
Item 1J

CITY COUNCIL STAFF REPORT
DATE: April 7, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF CONTRACT SERVICE AGREEMENTS WITH LIBCO INC., DBA MAGICAL HOLIDAY DESIGNS; KINCAID INDUSTRIES, INC.; CALIFORNIA EASY RENOVATIONS, INC.; ALLISON MECHANICAL,
INC.; M. BREY ELECTRIC, INC.; AJ FISTES CORPORATION; VALLEY LOCK AND SAFE, INC.; AND AL MILLER & SONS ROOFING CO., INC.

IN A TOTAL AMOUNT NOT TO EXCEED $2,823,450
FROM: Justin Clifton, City Manager
BY: Maintenance & Facilities Department
SUMMARY:

Approval of these contracts will allow the City to enter into agreements to procure products and services for cost effective and timely responses for mechanical; electrical; plumbing; HVAC; painting/wallcovering; the installation, storage, and removal of holiday decorations; roofing; and key/ locksmith products and services.

RECOMMENDATION:

1. Approve Contract Services Agreement No. A9078 with Libco Inc., DBA Magical Holiday Designs, a California corporation, to provide holiday decoration installation services for a three-year term in the amount of $123,450 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

2. Approve Contract Services Agreement No. A9071 with Kincaid Industries, Inc., a California corporation, to provide plumbing maintenance and installation services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

3. Approve Contract Services Agreement No. A9070 with California Easy Renovations, Inc., a California corporation, to provide building repair and renovation services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

4. Approve Contract Services Agreement No. A9069 with Allison Mechanical, Inc., a California corporation, to provide HVAC maintenance and installation services for a three-year term in the amount of $600,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

Item IJ - 1
City Council Staff Report
April 7, 2022 -- Page 2
Award of City-Wide Maintenance Service Contracts

5. Approve Contract Services Agreement No. A9068 with M. Brey Electric, Inc., a California corporation, to provide electrical maintenance and installation services for a three-year term in the amount of $600,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

6. Approve Contract Services Agreement No. A9079 with AJ Fistes Corporation, a California corporation, to provide painting and wallcovering services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

7. Approve Contract Services Agreement No. A9065 with Valley Lock and Safe, Inc., a California corporation, to provide locksmith services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two oneyear optional extensions.

8. Approve Contract Services Agreement No. A9077 with Al Miller & Sons Roofing Co., Inc., a California corporation, to provide roofing inspection, repair, and installation services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

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

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure for each vendor is included in the Contract Service Agreements, which are included as individual attachments to this staff report.

STAFF ANALYSIS:

Holiday Decoration Installation Services
An Invitation for Bids (IFB 22-13) was initiated by the City’s Procurement & Contracting Department on February 21, 2022, based on Facilities specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Four bids were received by the March 15, 2022, deadline:

Vendor Bid
Libco Inc., DBA Magical Holiday Designs $123,450
BrightLife Designs $143,250
J K Property Management Services Inc $252,000
M. Brey Electric, Inc. $337,858
The contract is for three (3) years with two (2) optional one-year renewals. The unit pricing is fixed for the first year and subject to a CPI increase in optional years 2 and 3.

Item IJ - 2
City Council Staff Report
April 7, 2022 -- Page 3
Award of City-Wide Maintenance Service Contracts
Staff recommends approval of Contract Services Agreement A9078 with Libco Inc., DBA Magical Holiday Designs (Attachment 1) for a three-year term in the amount of $123,450 effective April 11, 2022, through April 10, 2025, subject to two one-year optional extensions at mutual consent of the parties.

ON CALL MAINTENANCE CONTRACTS
The following contracts are on-call as-needed type contracts. The bids were used to determine the lowest, responsive, responsible bidder and to set the unit rates for the contracts; however, the actual amount of the contracts is based on the budgeted amounts set by the Department and will therefore not match the bid amounts.

Plumbing Maintenance Installation Services
An Invitation for Bids (IFB 22-09) was initiated by the City’s Procurement & Contracting Department on January 31, 2022, based on Facilities specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Two bids were received by the March 01, 2022, deadline:

Vendor Bid
Kincaid Industries, Inc. $51,965.76 (Local Preference)
Pro-Craft Construction, Inc. $52,970.00
The contract is for three (3) years with two (2) optional one-year renewals. The unit pricing is fixed for the first year and subject to a CPI increase in optional years 2 and 3.

Staff recommends approval of Contract Services Agreement A9071 with Kincaid Industries, Inc. (Attachment 2) for a three-year term in the amount of $300,000 effective April 11, 2022, through April 10, 2025, subject to two one-year optional extensions at mutual consent of the parties.

Building Repair & Renovation Services
An Invitation for Bids (IFB 22-07) was initiated by the City’s Procurement & Contracting Department on January 31, 2022, based on Facilities specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Two bids were received by the February 24, 2022, deadline:

Vendor Bid
California Easy Renovations Inc. $38,480
AG Construction $44,500
The contract is for three (3) years with two (2) optional one-year renewals. The unit pricing is fixed for the first year and subject to a CPI increase in optional years 2 and 3.

Item IJ - 3
City Council Staff Report
April 7, 2022 -- Page 4
Award of City-Wide Maintenance Service Contracts
Staff recommends approval of Contract Services Agreement A9070 with California Easy Renovations, Inc. (Attachment 3) for a three-year term in the amount of $300,000 effective April 11, 2022, through April 10, 2025, subject to two one-year optional extensions at mutual consent of the parties.

HVAC Maintenance & Installation Services
An Invitation for Bids (IFB 22-10) was initiated by the City’s Procurement & Contracting Department on January 31, 2022, based on Facilities specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Three bids were received by the March 01, 2022, deadline:

Vendor Bid
Allison Mechanical, Inc. $60,220
Pacific West Industries Inc. $64,294.50
F.M. Thomas Air Conditioning $65,625
The contract is for three (3) years with two (2) optional one-year renewals. The unit pricing is fixed for the first year and subject to a CPI increase in optional years 2 and 3.

Staff recommends approval of Contract Services Agreement A9069 with Allison Mechanical, Inc. (Attachment 4) for a three-year term in the amount of $600,000 effective April 11, 2022, through April 10, 2025, subject to two one-year optional extensions at mutual consent of the parties.

Electrical Maintenance & Installation Services
An Invitation for Bids (IFB 22-11) was initiated by the City’s Procurement & Contracting Department on February 07, 2022, based on Facilities specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Three bids were received by the March 03, 2022, deadline:

Vendor Bid
M. Brey Electric, Inc. $35,770
LEED Electric, Inc. $40,119.85
G.A. Abell, Inc. dba Precision Electric Company $55,400 The contract is for three (3) years with two (2) optional one-year renewals. The unit pricing is fixed for the first year and subject to a CPI increase in optional years 2 and 3.

Staff recommends approval of Contract Services Agreement A9068 with M. Brey Electric, Inc. (Attachment 5) for a three-year term in the amount of $600,000 effective Item IJ - 4
City Council Staff Report
April 7, 2022 -- Page 5
Award of City-Wide Maintenance Service Contracts
April 11, 2022, through April 10, 2025, subject to two one-year optional extensions at mutual consent of the parties.

Painting & Wallcovering Services
An Invitation for Bids (IFB 22-12) was initiated by the City’s Procurement & Contracting Department on February 07, 2022, based on Facilities specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Seven bids were received by the March 03, 2022, deadline:

Vendor Bid
AJ Fistes Corporation $14,131.30
TONY PAINTING $18,510.00
CTG Construction, Inc. dba C.T.

Georgiou Painting Co.
$21,055.00
Innovation Painting Inc. $21,270.00
Painting & Décor, Inc. $21,415.80
California Easy Renovations Inc $22,867.50
U.S. National Corp $27,985.00
The contract is for three (3) years with two (2) optional one-year renewals. The unit pricing is fixed for the first year and subject to a CPI increase in optional years 2 and 3.

Staff recommends approval of Contract Services Agreement A9079 with AJ Fistes Corporation (Attachment 6) for a three-year term in the amount of $300,000 effective April 11, 2022, through April 10, 2025, subject to two one-year optional extensions at mutual consent of the parties.

Locksmith Services
An Invitation for Bids (IFB 22-08) was initiated by the City’s Procurement & Contracting Department on January 31, 2022, based on Facilities specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. One bid was received by the February 24, 2022, deadline:

Vendor Bid
Valley Lock and Safe, Inc. $17,250
The contract is for three (3) years with two (2) optional one-year renewals. The unit pricing is fixed for the first year and subject to a CPI increase in optional years 2 and 3.

Staff recommends approval of Contract Services Agreement A9065 with Valley Lock & Safe, Inc. (Attachment 7) for a three-year term in the amount of $300,000 effective Item IJ - 5
City Council Staff Report
April 7, 2022 -- Page 6
Award of City-Wide Maintenance Service Contracts
April 11, 2022, through April 10, 2025, subject to two one-year optional extensions at mutual consent of the parties.

Roofing Inspection, Repair & Installation Services
An Invitation for Bids (IFB 22-14) was initiated by the City’s Procurement & Contracting Department on February 28, 2022, based on Facilities specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Two bids were received by the March 24, 2022, deadline:

Vendor Bid
Al Miller & Sons Roofing Co., Inc. $14,800
BEST Contracting Services, Inc. $42,675
The contract is for three (3) years with two (2) optional one-year renewals. The unit pricing is fixed for the first year and subject to a CPI increase in optional years 2 and 3.

Staff recommends approval of a Contract Services Agreement A9077 with Al Miller & Sons Roofing Co., Inc. (Attachment 8) for a three-year term in the amount of $300,000 effective April 11, 2022 through April 10, 2025, subject to two one-year optional extensions at mutual consent of the parties.

ENVIRONMENTAL IMPACT:

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

FISCAL IMPACT:

Sufficient funds are budgeted and available to cover the increased cost through the remainder of the current Fiscal Year 2021-22. Staff have included additional funding appropriation requests in the Fiscal Year 2022-23 budget for the new contract services.

Item IJ - 6
City Council Staff Report
April 7, 2022 -- Page 7
Award of City-Wide Maintenance Service Contracts
REVIEWED BY:

Department Director: Staci Schafer
Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton
ATTACHMENTS:

1. Agreement No. A9078 with Libco Inc., DBA Magical Holiday Designs

2. Agreement No. A9071 with Kincaid Industries, Inc.

3. Agreement No. A9070 with California Easy Renovations, Inc.

4. Agreement No. A9069 with Allison Mechanical, Inc.

5. Agreement No. A9068 with M. Brey Electric, Inc.

6. Agreement No. A9079 with AJ Fistes Corporation

7. Agreement No. A9065 with Valley Lock and Safe, Inc.

8. Agreement No. A9077 with Al Miller & Sons Roofing Co., Inc.

Item IJ - 7
ATTACHMENT 1
Item IJ - 8
Revised 2.9.22 Page 1 of 21
CONTRACT SERVICES AGREEMENT A9078

HOLIDAY DECORATION INSTALLATION SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on April 11, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Libco Incorporated DBA Magical Holiday Designs, a California 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 licensed contractor, for holiday decoration installation services, (“Project”).

B. Contractor has submitted to City a proposal to provide holiday decoration installation 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 Project.

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

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

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the 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 Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

Item IJ - 9
Revised 2.9.22 Page 2 of 21

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 $123,450.00.

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.

Item IJ - 10
-
Revised 2.9.22 Page 3 of 21

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 Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the 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 shall continue in full force and effect for a period of 3 years, commencing on April 11, 2022, and ending on April 10, 2025, 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 termination, 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.

Item IJ - 11
-
Revised 2.9.22 Page 4 of 21

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Debbie Dunning (name), President (title). 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 activities 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 Contract 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 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 Item IJ - 12
-
Revised 2.9.22 Page 5 of 21
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:

Debbie Dunning President

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 “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, installation, 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 prevailing 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 subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor 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, Item IJ - 13
Revised 2.9.22 Page 6 of 21
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from 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 requirements 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 Agreement 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 extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the 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 pertaining in any way to this 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.

Item IJ - 14
Revised 2.9.22 Page 7 of 21

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 such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. 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 terms of this Agreement are contractual and the result of negotiation between the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting 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 times, of any other rights or remedies for the same default or any other default by the other Party.

Item IJ - 15
Revised 2.9.22 Page 8 of 21

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 financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor 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., 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 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 nondiscrimination 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 Item IJ - 16
Revised 2.9.22 Page 9 of 21
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: Magical Holiday Designs
Attention: Debbie Dunning
11109 Armour Ave.

Beaumont, CA 92223

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, nor shall this 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.

Item IJ - 17
Revised 2.9.22 Page 10 of 21

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Item IJ - 18
Revised 2.9.22 Page 11 of 21

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND LIBCO INCORPORATED DBA MAGICAL HOLIDAY DESIGNS 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: XXX Item No. XXX
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 IJ - 19
1111 1111
Revised 2.9.22 Page 12 of 21
EXHIBIT “A”
CONTRACTOR’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item IJ - 20
Revised 2.9.22 Page 13 of 21

1.1 Scope of Work:

A. Contractor shall furnish all necessary equipment, labor, and material necessary to install, maintain, remove, and store holiday decorations for a one-year period.

B. All decorative lighting elements shall be installed, tested and operational no later than November 4th, 2022. The decorative lighting elements include the following:
• 183 Shooting Stars
• 98 5-Point Stars
• 3 Skylines in various locations in the Downtown area
• One 22’ Rotating Christmas Tree at Francis Stevens Park • a four-piece deer family at entrance to the City
• 300’ of garland and lights in front of City Hall
C. The locations for installation of the decorations shall be determined by the City and approved by the Contractor as to feasibility for installation. The City shall be responsible for securing any permission for installation from owners, lessees, lessors, State, and any other governmental authority. Contractor shall be allowed to install decoration hardware items, including but not limited to faceplates, cables, and anchor points within in a reasonable time prior to actual installation dates. All hardware items shall remain in place between seasons.

D. City shall furnish adequate electrical power and suitable electrical connections as are customarily used in the electrical trade or required by Underwriter’s Laboratory within a reasonable area, not to exceed 20 feet of the decoration installation site. Contractor shall provide extension cords for distances greater than 20 feet. The City warrants that the final electrical connection supplied shall be suitable for the intended purpose and the City shall be responsible for payment for all electricity consumed by the decorations..

E. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statutes, codes, rules, and regulations as may be applicable to this contract and shall be responsible for securing any and all permits as required by the governing authority. The City shall reimburse the Contractor for only the actual cost of said permits.

F. Contractor shall prior to installation, and periodically inspect and make necessary repairs including LED bulb replacements, rewiring, and socket replacement as needed. This will be done at the sole cost and expense of the Contractor.

G. Contractor shall carry a generator and field test each decoration prior to hanging or installing.

H. Contractor shall have access to a boom truck with a minimum 35-foot boom extension capacity.

I. Contractor shall be responsible for all traffic control plans and devices as required to perform proper and safe installation.

Item IJ - 21
Revised 2.9.22 Page 14 of 21
J. Contractor shall respond to all observed failures and requests for service and correct any reported outages within 24 hours.

K. Contractor shall remove and store all decorative element after January 15th, 2023 and/or at the conclusion of the Palm Springs International Film Festival, in a secure storage facility.

L. Contractor will provide and show proof of storage facility for City inspection.

M. Should the City not continue with the decorative lighting program in 2023, the Contractor will deliver all City owned equipment and materials to a City storage location determined by the Contract Officer.

1.2 Insurance Requirements:

The Contractor shall meet all insurance requirements of the City, including but not limited to, the provisions of personal and property liability, including automobile coverage, and Worker's Compensation, in limits acceptable to the City.

1.3 License Requirement:

1. Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax;

2. Possess any other applicable license required in the performance of these services.

1.4 Term of Contract:

The term of this contract will be for three years.

1.5 Option to Renew:

At the sole discretion of the City, the Contract may be renewed for two one-year options or any portion thereof. If the City exercises its option to extend, the unit prices may be adjusted (decreased or increased) at the beginning of any such renewal period to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureau of Labor Statistics for the RiversideSan Bernardino-Ontario Areas.

1.6 Adjustment of Services:

The City reserves the right to reduce or increase, or otherwise adjust the scope of services.

1.7 Pricing:

1. The pricing included in this Contract shall be firm for the first year.

2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas.

3. The City will only pay for the items listed on the bid form, and permit and disposal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck Item IJ - 22
---
Revised 2.9.22 Page 15 of 21
charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.

1.8 Payment:

For all services which the Contractor is obligated to perform under this Contract, the City shall pay to the Contractor per the bid provided by Contractor and set out in Exhibit “A” of the Contract Services Agreement.

1.9 Invoicing:

Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for actual work performed which may or may not be equal to the purchase order amount.

Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received.

The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to:

[email protected].

Item IJ - 23
Revised 2.9.22 Page 16 of 21
Item IJ - 24

ATTACHMENT F

BID FORM
INVITATION FOR BIDS (IFB 22-13)

HOLIDAY DECORATION INSTALLATION SERVICES
Responding to 1his IFB for holiday decoration inslallation sell/ices, the unders.gned bidder proposes and agrees to provide the sell/ices and wo!1( in accordance wi1h the specifications.

Bidder proposes and agrees to fumish all labor, equipment, materials, supel'llision, and sell/ice necessary to oomplete said Work in accordance wilh the Specifications of the City of Palm Springs and wUI accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will nol accept any addijional charges, fees, etc. that are not already included or incorporated in the below unit COS1s.

ESTIMATED UNIT PRICE SUBTOTAL

ITEM DESCRIPTION UNIT OUANTITY
1 Holiday Decoration lnstaNation Lump 1
.,_,,...

SeNices Jill 1/Sd ,.,. (3 vears\ Sum ~~ I.Sil.
2 Storage Rental (3 years) Lump ~ •• •• e,9
Sum 1 7 000, ' 06(), • .,.,.. . ✓ -
TOTAL 1:1, '150 .

Printed Na,;;;]) B/Jt€C" ?)q/\1 rl /,-) L
Title: ---i(Y'-i"--'k"""J"....,,,4:;=l=_.-'----------------- Date: _..:,::J;_;./44-,<...,y ,,_,_/2=2;__ _______ _ I , Revised 2.9.22 Page 17 of 21
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 IJ - 25
Revised 2.9.22 Page 18 of 21

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 property 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 required 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 dollars $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 its 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 Item IJ - 26
Revised 2.9.22 Page 19 of 21
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 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 selfinsurance 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 issuing 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.

Item IJ - 27
Revised 2.9.22 Page 20 of 21
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 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 elected 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 IJ - 28
Revised 2.9.22 Page 21 of 21
EXHIBIT “B”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
Item IJ - 29
Item IJ - 30

ATTACHMENT D

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS (IFB 22-13)

HOLIDAY DECORATION INSTALLATION SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID 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.

Item IJ - 31
What Must I Disclose?
A. 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.).

What if I Have Questions?

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
*There are some additional supplementary instructions with an example following the form should you need further clarification.

Item IJ - 32

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
L I B e..o Irvc, V B A-- H A- C-- I c.d

2. Address of Entity (Principal Place of Business)
///t)i

3. Local or California Address (if different than #2)
rf?c:_AuMO~ QA- 9 :12..J-. 7

4. State where Entity is egistered with Secretary of State C 1+L/ouv1 Alf other than California, is the Entity also registered in California? D Yes D No

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (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 ,I\ ~ 1 . , (_ /O°f" {)c,,vN A.-
~c. BB I [?" DUNN I N t-- ~ Officer D Director D Member D Manager [name] D General Partner D Limited Partner
(J ft~> t Jc.,....-r []Other _________ _
-------'~---""'7"'"'---- D Officer D Director D Member D Manager D General Partner D Limited Partner
D Other __________ _
_____ ...-,:;...-~-----D Officer D Director D Member D Manager D General Partner D Limited Partner
D Other __________ _
Item IJ - 33

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

EXAMPLE
[name of owner/investor]
C.
[name of owner/invest
D.
[name of
E.
50%, ABC COMPANY, Inc.
[percentage of benefici
name of entity]
[percent e of beneficial interest in entity and
name of tityJ
[percentage
name of entity]
neficial interest in entity and
[percentage of beneficial inte in entity and
name of entity}
name of owner/investor} [percentage of beneficial interest in ent and name of entity]

DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STA TE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Item IJ - 34
City of Palm Springs, CA.

Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions. we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.

If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.

Ultimately, the City's disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers. LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe. and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example would resemble the following:

1. Acme Brothers, Inc .• a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
ATTACHMENT 2
Item IJ - 35
Revised 2.9.22 Page 1 of 26
CONTRACT SERVICES AGREEMENT A9071

PLUMBING MAINTENANCE AND INSTALLATION SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on April 11, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Kincaid Industries, Inc., a California 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 licensed plumbing contractor, for plumbing maintenance and installation services, (“Project”).

B. Contractor has submitted to City a proposal to provide plumbing maintenance and installation 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 Project.

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

AGREEMENT

1. CONTRACTOR SERVICES

Item IJ - 36
Revised 2.9.22 Page 2 of 26

3. COMPENSATION OF CONTRACTOR

Item IJ - 37
Revised 2.9.22 Page 3 of 26

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

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 Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the 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.

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

Item IJ - 38
Revised 2.9.22 Page 4 of 26

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: R. Scott Kincaid (name), President (title). 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 activities 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.

5.3 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 Item IJ - 39
Revised 2.9.22 Page 5 of 26
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:

R. Scott Kincaid President

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 “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, installation, 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 prevailing 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).

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, Item IJ - 40
Revised 2.9.22 Page 6 of 26
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from 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 requirements 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 Agreement 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.

8. RECORDS AND REPORTS

Item IJ - 41
Revised 2.9.22 Page 7 of 26

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.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.

Item IJ - 42
Revised 2.9.22 Page 8 of 26

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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 Item IJ - 43
Revised 2.9.22 Page 9 of 26
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: Kincaid Industries, Inc.

Attention: R. Scott Kincaid
31065 Plantation Drive
Thousand Palms, CA 92276

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

Item IJ - 44
Revised 2.9.22 Page 10 of 26

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Item IJ - 45
Revised 2.9.22 Page 11 of 26

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND KINCAID INDUSTRIES, 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: XXX Item No. XXX
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Monique Lomeli,
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 IJ - 46
1111 1111
Revised 2.9.22 Page 12 of 26
EXHIBIT “A”
CONTRACTOR’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item IJ - 47
Revised 2.9.22 Page 13 of 26

1.1 Scope of Work:

A. Contractor shall furnish labor, materials, equipment, and supervision to perform Plumbing maintenance and installation (Work) on an as-requested basis in city facilities included in this solicitation. The scope shall include, but is not limited to general repairs, troubleshooting, testing, inspecting, trenching, renovation, replacement, installation, and maintenance of a wide range of plumbing equipment, fixtures, and systems, for both residential and commercial interior and exterior facilities. This may include project estimation and budgeting of work.

B. All work shall be performed by and billed to the lowest applicable job class level.

The majority of the Work requested under this contract is to be performed by one (1) trade person per job. All service shall be performed by personnel who are journeyman level (or equivalent according to industry norms) as described by industry standards. The Contractor must receive prior written approval from the City before assigning more than one (1) trade person per job. On jobs requiring more than three (3) trade persons, the Contractor shall be required to designate one (1) employee to perform the duties and responsibilities of Foreman and that person shall receive compensation as such.

C. Response time: The Contractor shall respond to emergency calls for service or repair within twenty-four (24) hours. Emergency responses to include weekends, after-hours, and holidays.

D. Correction of work deficiencies: The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.

If the Contractor fails to commence correction of nonconforming work within a seven day period after written notice, the city may correct the deficiencies by other means. In such case, the City may exercise rights and remedies as provided in section 9.4 of agreement.

In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

F. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The Item IJ - 48
Revised 2.9.22 Page 14 of 26
City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification.

Contractor must not store equipment and/or supplies on any City property.

G. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies. The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

H. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.

I. Security: The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors must not be propped open). The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area.

Any items or articles of apparent value found by the Contractor’s personnel in any areas of the building or site shall be turned over to the facility manager or on-site Security. Any suspicious articles that may be found, or persons loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall be immediately reported to Police.

J. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract in an off-site location, in compliance with all applicable laws and regulations. City encourages Contractor to salvage material in an environmentally friendly manner if possible.

City retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.

K. Uniforms and face coverings: The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times. Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the Contractor.

Contractor vehicles must display company logo and name.

Contractor must abide by City’s requirements for visiting City buildings, including wearing required face coverings.

L. Conduct of contractor’s employees on-site: The following behavior is not allowed on City premises:
• Using improper language.
• Acting in a loud, boisterous, or otherwise unprofessional manner. • Engaging in harassment or otherwise offensive conduct.

Item IJ - 49
Revised 2.9.22 Page 15 of 26
• Allowing unauthorized persons, including family and friends, to enter the building or area in which Contractor’s employee is assigned. Visitors must stay in the public lobby until Contractor’s employee arrives. • Opening or going through any City property, including furnishings, or use of City equipment or property.
• Theft or aiding in the theft of City property.
• Sleeping on the job.
• Taking scrap material.
• Using tobacco products, including electronic smoking devices, anywhere on City premises.
• Using City tools, equipment or supplies without prior authorization. • Possessing firearms or any other weapon, even if legally permitted to carry firearms or other dangerous weapons.
• Sexual misconduct, sexual abuse, sexual harassment, as defined by state and/or federal law.

Contractor’s employees deemed noncompliant by City will be removed immediately and replaced within twenty-four (24) hours. Contractor’s employees must submit to weapons screening as directed. Contractor’s employees must be able to understand, read and communicate in English under the performance of this Contract. Contractor must observe and comply with all of City’s present and future rules and regulations regarding conduct on the premises.

1.2 Insurance Requirements:

The Contractor awarded the Contract shall meet all insurance requirements of the City, including but not limited to, the provisions of personal and property liability, including automobile coverage, and Worker's Compensation, in limits acceptable to the City.

1.3 License Requirement:

1. Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax;

2. Possess any other applicable license required in the performance of these services.

1.4 Term of Contract:

The term of this contract will be for three years, with two, one year renewal options upon mutual consent of the City and the Contractor.

1.5 Option to Renew:

1.6 Adjustment of Services:

Item IJ - 50
Revised 2.9.22 Page 16 of 26
The City reserves the right to reduce or increase, or otherwise adjust the scope of services.

1.7 Pricing:

1. The pricing included in this Contract shall be firm for the first year.

3. The City will only pay for the items listed on the bid form, and permit and disposal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.

1.8 Payment:

The resulting contract for these services is an on-call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section.

1.9 Invoicing:

Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: [email protected].

1.10Special Security Requirements – For Palm Springs Police Department and Palm Springs International Airport:

1. POLICE DEPARTMENT:

Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Item IJ - 51
Revised 2.9.22 Page 17 of 26
Contractor. Contractor shall coordinate the record checks with the City’s Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency.

2. AIRPORT SECURED ACCESS TO WORK AREAS:
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Contractor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the Fingerprint/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov b. Under certain circumstances, and out of the control of the City, security measures may change on short notice. No deviations from any security measure shall be allowed at any time.
c. Restricted Area Access – All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge, must successfully complete a fingerprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows:
1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.

Item IJ - 52
Revised 2.9.22 Page 18 of 26
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.

3. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor, or Subcontractors requiring access to the work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel.

Item IJ - 53
Revised 2.9.22 Page 19 of 26
Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site.

All required paperwork and ID badge applications shall be submitted a minimum of two weeks before issuance of any badge. The Contractor and its staff are responsible for attending SIDA training and completing security badge application.

Attendance of the video-based class and issuance of the badge may take in excess of 3 hours. There will be a $50 charge (subject to change) for the FBI background check and fingerprinting process, and a $50 charge (subject to change) for the badge for a total of $100.00.

4. Violations - All violations of Airport security are also violations of the City of Palm Springs Municipal Title 16, California Vehicle code and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges.

Item IJ - 54
Revised 2.9.22 Page 20 of 26
Item IJ - 55

ATTACHMENT F

BID FORM
INVITATION FOR BIDS (IFB 22-09)
P!.IJMUINIJ MAINTENANCE AND INSTAbbATION 6 1:RVIGE6
RMr>nnnlnQ '" mi• IFR for 1-'lumbing Mainl~nance and l11siallutiu11 uurviooo, the under3lgMd bldd€r prnpMP.• ~nd ~grees to provide the s1:1I viu11~ amJ work In aoeorrtnnM with tM r.pt>r.lfiMllnn~ Ri,;fr.!er proposes and a9r~~s to furnish all le,bur, _~quipmont, moterlol3, 5up<lr.i~lon, AM Mi'Vit.;, necesS&ry to complete said Wo1 ~ in ;,\;UUrdance with the Spcclflr.:itlnM llf lhA r.11y Ill rAlm f:('•inos Md will accept a,; lull µay1111:111l ll11:111:1lure, the following unit C03t amount~. TM r:,1y of P11tm Spnngs w,11 not ilccepl any addiliu11al uhurguo, foe3, eto. thnt ore Ml AlrAMy inr.lv""'-1 or incorpor~ted In the ~ low uni! cwl~.
~:.TIMATED UNIT PRICE SUBTOTAi
IT[M DESCRIPTION UNIT QUANTITY
1 Foreman Rayular Biliinu Rote HR - so i77.87 8,898.50 17 OOAfll - 5:00PMI 2 Foreman Overtime e 1111no RAte
(5:00PM 7:00AMI
IIR !i 228.80 1,144.25
3 FOIAMM Holiday U1lllng l{ate HR 5 2~9.H 1,348.70 (flAlltr<'IAy/f.i\•ndavll lolldavl 4 Joumeyman Plumber Regula, HR ·100 16,17LOO Dilllno Kale 17:""AM - S&0f'M) 101.71 !i Journey11 1a11 Plumber Overtime HR
B 5 a11.1s 1.085.75 i lli11u Rate 15:00PM 7:00AM)
6 Journeyman PlumhAr Hnlit18y IIR
BIiiing Rote !i 255.08 1.275.40
ISoruroav/StlMAy/Hohdayl
7 .J~urneyniM PIpef1ller Regulilr HR 25 135.80 Ell!lina r~ate 1/:00AM-!i:00PMI 3,395.00 - 0 Journeyman Pil)lirillet OverUme HR
B 5 171.19 855.95 illing Raia 15,00PM - 7:00/\M)
9 Juu1110yman Pipcfittcr Holldny HR
Bllllno Rate !, 200.99 1,004.6S
(Saturdav/6undev/HolllfAy)
·10 WAlt1Ar Rt,(J\•lar 81lllng l{at .. HR 25 181.06 4,526.50 I- (7:00AM - 5:00PMI ,, Welder Overtime Billing Ral~
15:00PM 7:00AMI
HR 5 220.37 1,101.85
12 Vl'11lu01 Hulluay BIiiing Rote HR 5 259.35 1,296.75 /Saluruav/Sundav/Holldov) 13 /\pprcntlr.r. RP.QIIIAr Rllliri(J R11te Ill{ 2G 92,66 2,3 16.SC /7:00AM - 5:00PM) 14 Apprentice Overtime l;!illing R~t., HR 5 "123.60 616.00 (S·00PM - /:UUAMI 1:, Apprentice Huliuay Billi11y Ralij HR
ISalurdav/SundavlHulid.;v\ 5 152.40 702.00
Revised 2.9.22 Page 21 of 26
Item IJ - 56
~
'I fl r>~rt, and Materials 1% m~rl;-u"' % SS.000 1 :J li ~~J0.00 1/ l::oui"l11"'nl WMlaU% 11 1ark-uu\ % $"1,000 1.2 1,i'fHJ (10 18 Sul,cu11lr11clon; !% mark ul!)_ % $1,000 ' 1 .. , ...... ,.. ... ~ TOTAL s•,100.so
'I 'lettse note: I his bid form is lo dflle111ri11a 11 10 Iowa~! bidder and wlll M 11~M 111 AAIAhll•h th!) eontr~cl unit pri,ei. Tint w 11ha~l valua will Ull ~Ill al the City lludgct omoun1.

Gertlfied by: !l. !.l<;Qtt Kino.~•"'id,_ _________________ _ Firm Ni,me: KINf;Affl INI II•~: :.: ' 'I.:.:':.. ' ::: ·'',,.;';.: N;el);:_, - ------------- ~ -~_;;,,,,rE:1anature of Authorized , ~~-:::-==-=- =======:::::::=:= ... ---- rrinte<:t Name: R. seou Kinceid TIIIA: Prcoldent
DotP.: 3/1/2022
Revised 2.9.22 Page 22 of 26
EXHIBIT “B”

INSURANCE

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.

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

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

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 its 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 Item IJ - 58
Revised 2.9.22 Page 24 of 26
contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

Item IJ - 59
Revised 2.9.22 Page 25 of 26
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.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

Item IJ - 60
Revised 2.9.22 Page 26 of 26
EXHIBIT “C”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
Item IJ - 61
Item IJ - 62

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
KINCAID INDUSTRIES, INC.

Address of Entity (Principal Place of Business)
31065 Plantation Drive, Thousand Palms, CA 92276
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State CA
If other than California, is the Entity also registered in California? D Yes D No Type of Entity
[R] Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (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
R. Scott Kincaid ~ Officer D Director D Member D Manager [name] D General Partner D Limited Partner
• Other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other
Item IJ - 63

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

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

R. Scott Kincaid 100%
[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 - -
.. 3/1/2022
R. Scott Kincaid, President
ATTACHMENT 3
Item IJ - 64
Revised 2.9.22 Page 1 of 26
CONTRACT SERVICES AGREEMENT A9070

BUILDING REPAIR AND RENOVATION SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on April 11, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and California Easy Renovations Inc., a California 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 licensed contractor, for building repair and renovation services, (“Project”).

B. Contractor has submitted to City a proposal to provide building repair and renovation 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 Project.

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

AGREEMENT

1. CONTRACTOR SERVICES

Item IJ - 65
Revised 2.9.22 Page 2 of 26

3. COMPENSATION OF CONTRACTOR

Item IJ - 66
Revised 2.9.22 Page 3 of 26

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

Item IJ - 67
Revised 2.9.22 Page 4 of 26

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Esteban Giner (name), Chief Executive Officer (title). 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 activities 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.

5.5 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 Item IJ - 68
Revised 2.9.22 Page 5 of 26
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:

Esteban Giner Chief Executive Officer

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 “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, installation, 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 prevailing 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).

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, Item IJ - 69
Revised 2.9.22 Page 6 of 26
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from 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 requirements 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 Agreement 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.

8. RECORDS AND REPORTS

Item IJ - 70
Revised 2.9.22 Page 7 of 26

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.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.

Item IJ - 71
Revised 2.9.22 Page 8 of 26

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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 Item IJ - 72
Revised 2.9.22 Page 9 of 26
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: California Easy Renovations, Inc.

Attention: Esteban Giner
1665 Third St. Suite C
Norco, CA 92860

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

Item IJ - 73
Revised 2.9.22 Page 10 of 26

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Item IJ - 74
Revised 2.9.22 Page 11 of 26

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND CALIFORNIA EASY RENOVATIONS, 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: XXX Item No. XXX
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Monique Lomeli,
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 IJ - 75
1111 1111
Revised 2.9.22 Page 12 of 26
EXHIBIT “A”
CONTRACTOR’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item IJ - 76
Revised 2.9.22 Page 13 of 26

1.1 Scope of Work:

A. Contractor shall furnish labor, materials, and equipment to perform building repairs and minor renovation (Work) on an as-requested basis in city facilities included in this solicitation. The scope of Work shall include, but is not limited to carpentry, demolition, drywall, concrete block, stucco, asphalt, finishes and other work normally under the supervision of a general construction contractor. This may include project estimation and budgeting of work.

B. All work shall be performed by and billed to the lowest applicable job class level.

C. Response time: The Contractor shall respond to emergency calls for service or repair within twenty-four (24) hours. Emergency responses to include weekends, after-hours, and holidays.

In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

F. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification.

Item IJ - 77
Revised 2.9.22 Page 14 of 26
Contractor must not store equipment and/or supplies on any City property.

City retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.

Contractor vehicles must display company logo and name.

Contractor must abide by City’s requirements for visiting City buildings, including wearing required face coverings.

L. Conduct of contractor’s employees on-site: The following behavior is not allowed on City premises:
• Using improper language.
• Acting in a loud, boisterous, amplified music or otherwise unprofessional manner.
• Engaging in harassment or otherwise offensive conduct. • Allowing unauthorized persons, including family and friends, to enter the building or area in which Contractor’s employee is assigned. Visitors must stay in the public lobby until Contractor’s employee arrives.

Item IJ - 78
Revised 2.9.22 Page 15 of 26
• Opening or going through any City property, including furnishings, or use of City equipment or property.
• Theft or aiding in the theft of City property.
• Sleeping on the job.
• Taking scrap material.
• Using tobacco products, including electronic smoking devices, anywhere on City premises.
• Using City tools, equipment or supplies without prior authorization. • Possessing firearms or any other weapon, even if legally permitted to carry firearms or other dangerous weapons.
• Sexual misconduct, sexual abuse, sexual harassment, as defined by state and/or federal law.

1.2 Insurance Requirements:

1.3 License Requirement:

1. Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax;

2. Possess any other applicable license required in the performance of these services.

1.4 Term of Contract:

The term of this contract will be for three years, with two, one year renewal options upon mutual consent of the City and the Contractor.

1.5 Option to Renew:

1.6 Adjustment of Services:

The City reserves the right to reduce or increase, or otherwise adjust the scope of services.

1.7 Pricing:

Item IJ - 79
Revised 2.9.22 Page 16 of 26

1. The pricing included in this Contract shall be firm for the first year.

3. The City will only pay for the items listed on the bid form, and permit and disposal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.

1.8 Payment:

1.9 Invoicing:

1.10Special Security Requirements – For Palm Springs Police Department and Palm Springs International Airport:

1. POLICE DEPARTMENT:

Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Contractor. Contractor shall coordinate the record checks with the City’s Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency.

Item IJ - 80
Revised 2.9.22 Page 17 of 26

Item IJ - 81
Revised 2.9.22 Page 18 of 26
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.

Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will Item IJ - 82
Revised 2.9.22 Page 19 of 26
be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site.

Item IJ - 83
Revised 2.9.22 Page 20 of 26
Item IJ - 84

ATTACHMENT F

BID FORM
INVITATION FOR BIDS (II e 22-01)

BUILDING REPAIR AND REN DVATIONS
Responding to this IFB for BUILDING REPAIR ANO REI OVATIONS, the undersigned bidder proposes and agrees to provide the serv,ces and work i accordance with the specifications.

Bidder proposes and agrees to furnish all labor. equipmen , materials, supervision, and service necessa,y to complete said Work in accordance with th Speclfica1,ons of the Coty of Palm Springs and will accept as full payment therefore, the foll wing umt cost amoonts. The City of Palm Spnngs will not accept any additional charges, fees, etc. that are not already included ot inoorporated m the below unit costs.

ESTIMA ED UNIT PRICE SUBTOTAL

ITEM DE , ON UNIT QUAN CTV
1 Supenntendent Regular Bimng Rate HR 5( • 1<;,, J l, 1550 11:00AM - 5:00PM\ 2 Superintendent Overtime Billing Rat HR 5 <12ef.:>.~o ~ 1,111.50 15:00PM - 7 OOAM) 3 Superintendent Holiday Billing Rate HR 5 ,+ 31'\ $ l,\70 fSaturdav/Sundav/Holidavs\ 4 General Foreman Regular Billing
Rate 17:00AM - 5:00PM\
HR 10 41'32 ,I I~, Z,C)O
5 General Foreman Overtime Billing
Rate (5:00PM - 7:00AM)
HR 5 •l'IS • 9'10
6 General Foreman Holiday Billing HR 5 ;zs+ It \, ~20 Raia (Saturdav/Sundav/Holid~·' 7 Carpenler Regular Billing Rate HR 25 4 1-'15 • ~,625 17:00AM - 5:00PMI 8 Carpenter Overtime Bllhng Rate HR 5 •2r1. so .,. 1,oe1.50 I 15:00PM - 7 OOAM) 9 Carpenter Holiday Billing Rate
I ISaturdav/Sundav/Holidav\
HR 5 •290 • t,450
10 Laborer Regular Billing Rate HR 25 ~ \12 • .2,~00 I 17:00AM - 5:00PM) 1 t Laborer Overtime Billing Rate
(5:00PM - 7:00AM)
HR 5 ,.16e 4 0'\0
12 Laborer Holiday S.lling Rate HR 5 ""22'1 .. 1,120 /Saturdav/Sundav/Holidavl 13 Parts and Maten.als (% mark-001 ,% $50 0 20 · ' 1' t.mJ 14 I Eouioment Rental (% martc-uo) % $1,0 0 :!Q·' 1\ -..rTJ 15 I Subcontractors f% mark•UD) % $1,0 n I!) ;. • 1_. ...

TOTAL
~~ ·Please note: This bid form is to determine the lowest bid ler and will be used to establish the contract unit prices. The contract vaJue will be set at the Gity Dudget amount.

Revised 2.9.22 Page 21 of 26
Item IJ - 85
I
Certified by: ESleO>li GIHE12
Firm Name:__;Q.~\e..:1FO-='l2:tl::..:..::IA~f:::::.;A~::.,5Y:.,_12;.;:::EOO::.,:;":i;Z:;;:'Tl;.:.ON:::.:..~=...L-_/:..:_N:..::C:.__ __ Signature of Authorized Person _ __ --,,Z=--lb--------- Pnnted Name: E5~ 011-\EJ /
Title: ___ 0"-'--CON=;_;"l'ebC==:rr:.,oe::,,:_•:...2'""=Wc:N.,_,e:.,,_11::::_--le--------- oa1e: _ ___ ,,:0-=,21-/·.2=2=1-:l=.-==- .---4-------
Revised 2.9.22 Page 22 of 26
EXHIBIT “B”

INSURANCE

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.

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

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

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 its 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 Item IJ - 87
Revised 2.9.22 Page 24 of 26
contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

Item IJ - 88
Revised 2.9.22 Page 25 of 26
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.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

Item IJ - 89
Revised 2.9.22 Page 26 of 26
EXHIBIT “C”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
Item IJ - 90
Item IJ - 91

ATTACHMENT D

CITY OF PALM SPRINC,S
PUBLIC INTEGRITY DISCLC >SURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS (IFB 22-07)
BUILDING REPAIR AND RENO1'fATIONS

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID 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 b-y 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 con mets of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the munic pal code, reflects the City's interest in ensuring that companies (and other legal entities t ,at 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 an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City offic al, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationsh p between someone who is an owner/investor in the applicant entity and a voting offi~ial (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business tbgether during the year prior to the application;
(2) the official has earned income from the owner/investor juring the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or Im e money or a thing of value, based upon the owner/investor's interest in the applicant en ity, in relation to the application's outcome.

When Must I File?
You must file this form with the Office of the City Clerk a the same time when you file your application for a City approval determined by a vote o City officials, whether elected or appointed.

Item IJ - 92
I
I
I
What Must I Disclose?
A. The names of all natural persons who are officers, dire1 tors, members, managers, trustees, and other fiduciaries serving trusts or other types of or ~anizations (attorneys, accountants, etc.).

Note: (1) only trusts or other organizations that are not 1 he fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity e.g. , as a member of an applicant LLC), then all officers, directors, members, managers, tru• tees, etc., of the second entity must be disclosed).

B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an 1 ilected or appointed City official who will vote on the applicant's application, or with the City rv anager or City Attorney.

What if I Have Questions?

PENALTIES
Falsification of information or failure to report information r ~quired to be reported may subject you to administrative action by the City. I *There are some additional supplementary instructio, 1s with an example following the form should you need further clarification.

I
-
Item IJ - 93

1. Name of Entity

PUBLIC INTEGRITY DISCLC SURE

APPLICANT DISCLOSURE FORM
c~1lr0f2.NIA CA'6Y ~NoVA1iOH~,
1 HC..

2. Address of Entity (Principal Place of Business)
\GloB 11-\,\,zt) ~- -o\-e. C , N012CO Cl C\2'e60

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

4. State where Entity is Registered with Secretary of Stat~ c~ \ \f=~ IA.

If other than California, is the Entity also registered in (~alifornia? D Yes D No

5. Type of Entity
~rporation D Limited Liability Company D Partnership D rust D Other (please specify)

6. Officers, Directors, Members, Managers, Trus1 ees, Other Fiduciaries (please specify) Note: If any response is not a natural PE rson, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
_~ __ __,;;. __ 9_1~_1:12. ______ [1" Officer D Director D Member D Manager [name] D Gen~ral Partner D Limited Partner
[j()the Q~t:\ER
_r}:.E __:t-m __ 'A __ G_l_N_EK _____ [3"0fficer D Director D Member D Manager [name] D Ger eral Partner D Limited Partner
c:r6th er QW't4E'R.
--------------• Officer C Director D Member D Manager
[name] D Gennral Partner D Limited Partner
O0the
Item IJ - 94
I
I

7. Owners/Investors with a 5% beneficial interest in the A :>plicant Entity or a related entity

EXAMPLE
JANE DOE 50%, ~ BC COMPANY, Inc.
[name of owner/investor] [percentc ge of beneficial interest in entity and name of enti 1Yl
A.
"E:~ e~~ El\/. c~\ • ~ , ..... ,\A ~y ~QVA."tlON~ \'1•::

I
[name of owner/investor] [percenta l'.Je of beneficial interest in entity and name of enti ~]
B.
~~ Gt~E1i< if,,./. ('~ \ ::: .. -\A 'FJ.S V - --- '\;f1(\f-l ~ f U< ,
[name of owner/investor] [percenta ge of beneficial interest in entity and name of entiI ~]
C.
[name of owner/investor] [percenta ge of beneficial interest in entity and name of enti: ~]
D.
[name of owner/investor] [percenta ge of beneficial interest in entity and name of enti1V]
E.
[name of owner/investor] [percenta Je of beneficial interest in entity and name o entity]

I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CO RRECT.

ST.sclosing Party, Printed Name, Title Date

02./:i.2/22
~ 5~" G,1~- D\)J~. /
t/
I
Item IJ - 95
City of Palm Springs, C ~-
Business Disclosure Supplementarv Instructions
In an effort to ensure we capture the required business enti ~ information in accordance with the attached instructions, we provide you these supplementa1~ instructions to clearly identify the required information, and the format the information should ~e provided.

If you , as the applicant, are a business entity (i.e. a corpora ion or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed , incl ~ding those entities other business entities, if any.

Ultimately, the City's disclosure document (attached) req1~ires a listing identifying all natural persons having any financial interest over 5% of the busirn ss entities (and any other business entities comprising your business entity).

As an example, Applicant is: Acme Brothers, Inc., a Califc rnia corporation, whose officers are:

John Doe, Jill Doe, and Jay Doe, which is owned 50% b, Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation , whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by 3eorge Doe, with George Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example woul~ resemble the following:

1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc. , a California corporat on b. Ownership: 100% Acme Brothers 2, Inc., a California c)rporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California I mited liability company

4. Acme Brothers 2, LLC, a California limited liability compar y a. Managers: George Doe
b. Ownership:
i. 50%
I
Item IJ - 96
1·"~1,
C11/ifor11in
~ R1'//1ll'at11•11-. Im
CALIFORNIA EASY RENOVA IONS, INC.
1665 Third St. - NORCO CA 860
www.cersinc.com

1. California Easy Renovations, Inc., a California corporation a. Officers: Esteban Giner, Brenda Giner
b. Ownership:
i. 51% Esteban Giner
ii. 49% Brenda Giner
ATTACHMENT 4
Item IJ - 97
Revised 2.9.22 Page 1 of 26
CONTRACT SERVICES AGREEMENT A9069

HVAC MAINTENANCE AND INSTALLATION SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on April 11, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Allison Mechanical, Inc., a California 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 licensed heating, ventilation, and air conditioning (HVAC) contractor, for HVAC maintenance and installation services, (“Project”).

B. Contractor has submitted to City a proposal to provide HVAC maintenance and installation 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 Project.

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

AGREEMENT

1. CONTRACTOR SERVICES

Item IJ - 98
Revised 2.9.22 Page 2 of 26

3. COMPENSATION OF CONTRACTOR

Item IJ - 99
Revised 2.9.22 Page 3 of 26

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

Item IJ - 100
Revised 2.9.22 Page 4 of 26

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Mark Allison (name), Vice President (title). 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 activities 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.

5.5 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 Item IJ - 101
Revised 2.9.22 Page 5 of 26
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:

Mark Allison Vice President

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 “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, installation, 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 prevailing 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).

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, Item IJ - 102
Revised 2.9.22 Page 6 of 26
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from 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 requirements 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 Agreement 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.

8. RECORDS AND REPORTS

Item IJ - 103
Revised 2.9.22 Page 7 of 26

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.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.

Item IJ - 104
Revised 2.9.22 Page 8 of 26

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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 Item IJ - 105
Revised 2.9.22 Page 9 of 26
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: Allison Mechanical, Inc.

Attention: Mark Allison
1968 Essex Court.

Redlands, CA 92373

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

Item IJ - 106
Revised 2.9.22 Page 10 of 26

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Item IJ - 107
Revised 2.9.22 Page 11 of 26

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ALLISON MECHANICAL, 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: XXX Item No. XXX
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Monique Lomeli,
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 IJ - 108
1111 1111
Revised 2.9.22 Page 12 of 26
EXHIBIT “A”
CONTRACTOR’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item IJ - 109
Revised 2.9.22 Page 13 of 26

1.1 Scope of Work:

A. Contractor shall furnish labor, materials, equipment, and supervision to perform HVAC maintenance and installation (Work) on an as-requested basis in city facilities included in this solicitation. The scope of Work shall include, but is not limited to repairs, troubleshooting, testing, inspecting, training, replacement, installation, and maintenance of a wide range of heating, cooling, ventilation, ductwork, and mechanical systems. This may include project estimation and budgeting of work.

B. All work shall be performed by and billed to the lowest applicable job class level.

C. Response time: The Contractor shall respond to emergency calls for service or repair within twenty-four (24) hours. Emergency responses to include weekends, after-hours, and holidays.

In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

F. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The Item IJ - 110
Revised 2.9.22 Page 14 of 26
City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification.

Contractor must not store equipment and/or supplies on any City property.

City retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.

Contractor vehicles must display company logo and name.

Contractor must abide by City’s requirements for visiting City buildings, including wearing required face coverings.

Item IJ - 111
Revised 2.9.22 Page 15 of 26
• Allowing unauthorized persons, including family and friends, to enter the building or area in which Contractor’s employee is assigned. Visitors must stay in the public lobby until Contractor’s employee arrives. • Opening or going through any City property, including furnishings, or use of City equipment or property.
• Theft or aiding in the theft of City property.
• Sleeping on the job.
• Taking scrap material.
• Using tobacco products, including electronic smoking devices, anywhere on City premises.
• Using City tools, equipment or supplies without prior authorization. • Possessing firearms or any other weapon, even if legally permitted to carry firearms or other dangerous weapons.
• Sexual misconduct, sexual abuse, sexual harassment, as defined by state and/or federal law.

1.2 Insurance Requirements:

1.3 License Requirement:

1. Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax;

2. Possess any other applicable license required in the performance of these services.

1.4 Term of Contract:

The term of this contract will be for three years, with two, one year renewal options upon mutual consent of the City and the Contractor.

1.5 Option to Renew:

1.6 Adjustment of Services:

Item IJ - 112
Revised 2.9.22 Page 16 of 26
The City reserves the right to reduce or increase, or otherwise adjust the scope of services.

1.7 Pricing:

1. The pricing included in this Contract shall be firm for the first year.

3. The City will only pay for the items listed on the bid form, and permit and disposal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.

1.8 Payment:

1.9 Invoicing:

1.10Special Security Requirements – For Palm Springs Police Department and Palm Springs International Airport:

1. POLICE DEPARTMENT:

Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Item IJ - 113
Revised 2.9.22 Page 17 of 26
Contractor. Contractor shall coordinate the record checks with the City’s Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency.

Item IJ - 114
Revised 2.9.22 Page 18 of 26
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.

Item IJ - 115
Revised 2.9.22 Page 19 of 26
Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site.

Item IJ - 116
Revised 2.9.22 Page 20 of 26
Item IJ - 117

ATTACHMENT F

BID FORM
INVITATION FOR BIDS (IFB 22-10)

HVAC MAINTENANCE AND INSTALLATION
Responding to this IFB for HVAC Maintenance and Installation services, the undersigned bidder proposes and agrees to provide the services and work In accordance with the specifications, Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and wil aocept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc, that are not already included or incorporated in the below unit costs.

ESTIMATED UNIT PRICE .... BTO, .. L

ITEM DESCRIPTION UNIT QUANTITY
1 Foreman Regular Billing Rate HR 50 154.00 7,700.00 I7:00AM - 5:00PMl 2 Foreman Overtime Billing Rate HR 5 231 .00 1,155.00 (5:00PM - 7:00AM) 3 Foreman Holiday Billing Rate HR 5 308.00 1,540.00 (Saturd""/Sundav/Holidavl 4 HVAC Technician Regular Billing HR 100 140.00 14,000.00 Rate 17:00AM - 5:00PMl 5 HVAC Technician Overtime Billing HR
Rate 5 210.00 1,050.00 I5:00PM - 7:00AMl
6 HVAC Technician Holiday BIiling HR
Rate 5 280.00 1,400.00 (Saturd..,/SundAV/Holidav\
7 Journeyman Pipefitter Regular Billing HR 25 140.00 3,500.00 Rate 17:00AM - 5:00PMl 8 Journeyman Plpefitter Overtime HR
B 5 210.00 1,050.00 illi= Rate 15:00PM 7:00AMI
9 Journeyman Pipefitter Holiday Billing HR 5 280.00 1,400.00 Rate (Saturrlav/Sundav/Holidavl 10 Welder Regular BUling Rate HR 25 160.00 4,000.00 (7:00AM - 5:00PM) 11 Welder Overtime BHling Rate HR 5 240.00 1,200.00 15:00PM - 7:00AMl 12 Welder Holiday Billing Rate HR 5 320.00 1,600.00 ISaturdav/Sundav/Holidavl 13 Journeyman Sheetmetal Wori<er HR
Regular Billing Rate 25 150.00 3,750.00 17:00AM - 5:00PM\ 14 Journeyman Sheetmetal Worker HR
Overtime Billing Rate 5 225.00 1,125.00
(5:00PM - 7:00AM)
15 Journeyman Sheetmetal Worker HR
Holiday BIiiing Rate 5 300.00 1,500.00
ISaturdav/Sundav/Holld""\
Revised 2.9.22 Page 21 of 26
Item IJ - 118
16 Apprentice Regular Billing Rate HR 25 140.00 3,500.00 17:00AM - 5:00PM\ 17 Apprentice o,ertlme Billing Rate HR 5 210.00 1,050.00 (5:00PM - 7:00AM) 18 Apprentice Holiday Billing Rate HR 5 280.00 1,400.00 (Saturd""/Suodav/Holid""\ 19 Parts and Malerials 1% mark-un• 20% $5,000 5,750.00
20 ~ ubment Rental 1% marl<-1.,, 15% $1 000 1,150.00
21 Subcontractors(% mar1<-1,n1 15% $1,000 1,150.00
TOTAL 59,970.00
*Please note: This bid form is to determine the lowest bk:lder and wm be used to establish the contract unit prices. The contract value will be set at the Cily budget amount.

Certifiedby:
'i:iark
~ Allison ~
Firm Name: Allison Mechanical, Inc.

Signature of Authorized Person: ______________ _
Printed Name: Marl< Allison ---------------------
Title: Vice.PresidenVSec,elary
Date: March I, 2022
Revised 2.9.22 Page 22 of 26
EXHIBIT “B”

INSURANCE

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.

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

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

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 its 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 Item IJ - 120
Revised 2.9.22 Page 24 of 26
contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

Item IJ - 121
Revised 2.9.22 Page 25 of 26
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.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

Item IJ - 122
Revised 2.9.22 Page 26 of 26
EXHIBIT “C”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
Item IJ - 123
Item IJ - 124

ATTACHMENT D

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS (IFB 22-10)

HVAC MAINTENANCE AND INSTALLATION

What Must I Disclose?
Item IJ - 125
A. 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.).

What if I Have Questions?

Item IJ - 126

1. 2.

3. 4.

5. Name of Entity
Allison Mechanical, Inc.

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Address of Entity {Principle Place of Business)
1968 Essex Court, Redlands, CA 923 73
Local or California Address (if different than #2)
SAA
State where Entity is Registered with Secretary of State CA
If other than California, is the Entity also registered in California? D Yes D No Type of Entity
NIA
!xi Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries {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
Donald Paul Allison ~ Officer D Director D Member D Manager [name] D General Partner D Limited Partner
• Other
Mark Nicholas Allison ~ Officer D Director D Member D Manager [name] D General Partner D Limited Partner
• Other
Heidi Annette Allison [ii Officer D Director D Member D Manager (name] D General Partner D Limited Partner
• Other
Item IJ - 127

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

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

Don Allison 42%, Allison Mechanical, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.

Mark Allison 15°.&i, Allison Ms::i.hanil;:a.1, lni.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.

Heidi Allison 43%, Allison Mechanical, Inc.
[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 ~~ Mark Allison, Vice-President/Secretary March 1, 2022 Item IJ - 128
City of Palm Springs, CA.

Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example would resemble the following:

1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe NIA
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
ATTACHMENT 5
Item IJ - 129
Revised 2.9.22 Page 1 of 26
CONTRACT SERVICES AGREEMENT A9068

ELECTRICAL MAINTENANCE AND INSTALLATION SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on April 11, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and M. Brey Electric, Inc., a California 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 licensed electrical contractor, for electrical maintenance and installation services, (“Project”).

B. Contractor has submitted to City a proposal to provide electrical maintenance and installation 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 Project.

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

AGREEMENT

1. CONTRACTOR SERVICES

Item IJ - 130
Revised 2.9.22 Page 2 of 26

3. COMPENSATION OF CONTRACTOR

Item IJ - 131
Revised 2.9.22 Page 3 of 26

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

Item IJ - 132
Revised 2.9.22 Page 4 of 26

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Matthew Brey (name), President (title). 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 activities 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.

5.5 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 Item IJ - 133
Revised 2.9.22 Page 5 of 26
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:

Matthew Brey President

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 “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, installation, 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 prevailing 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).

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, Item IJ - 134
Revised 2.9.22 Page 6 of 26
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from 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 requirements 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 Agreement 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.

8. RECORDS AND REPORTS

Item IJ - 135
Revised 2.9.22 Page 7 of 26

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.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.

Item IJ - 136
Revised 2.9.22 Page 8 of 26

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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 Item IJ - 137
Revised 2.9.22 Page 9 of 26
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: M. Brey Electric, Inc.

Attention: Matthew Brey
408 Elm Ave.

Beaumont, CA 92223

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

Item IJ - 138
Revised 2.9.22 Page 10 of 26

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Item IJ - 139
Revised 2.9.22 Page 11 of 26

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND M. BREY ELECTRIC, 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: XXX Item No. XXX
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Monique Lomeli,
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 IJ - 140
1111 1111
Revised 2.9.22 Page 12 of 26
EXHIBIT “A”
CONTRACTOR’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item IJ - 141
Revised 2.9.22 Page 13 of 26

1.1 Scope of Work:

A. Contractor shall furnish labor, materials, and equipment to perform electrical maintenance and installation (Work) on an as-requested basis in city facilities included in this solicitation. The scope of Work shall include, but is not limited to:
general electrical repairs, installation, troubleshooting, testing, inspecting, IR scanning, wiring, wire management, distribution equipment testing and repair, cable pulling, lighting upgrades, high and low voltage, and other work normally under the jurisdiction of a licensed electrical construction contractor, the National Electrical Contractors Association and the Sound Public Address and Communication Employees Association (Work). Medium (1000 volts to 34,500 volts), line (up to 1000 volts) and low (under 50 volts AC/DC) voltage Work are included under this contract. This may include project estimation and budgeting of work. The scope of work will not include A/V work.

B. Response time: The Contractor shall respond to emergency calls for service or repair within twenty-four (24) hours. Emergency responses to include weekends, after-hours, and holidays.

C. Correction of work deficiencies: The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.

In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

D. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statutes, codes, rules, and regulations as may be applicable to this contract and shall be responsible for securing any and all permits as required by the governing authority. The City shall reimburse the Contractor for only the actual cost of said permits.

E. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification.

Contractor must not store equipment and/or supplies on any City property.

F. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Item IJ - 142
Revised 2.9.22 Page 14 of 26
Occupational Safety and Health Administration (OSHA) and other governing agencies. The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

G. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.

H. Security: The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors must not be propped open). The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area.

I. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract in an off-site location, in compliance with all applicable laws and regulations. City encourages Contractor to salvage material in an environmentally friendly manner if possible.

City retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.

J. Uniforms and face coverings: The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times. Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the Contractor.

Contractor vehicles must display company logo and name.

Contractor must abide by City’s requirements for visiting City buildings, including wearing required face coverings.

K. Conduct of contractor’s employees on-site: The following behavior is not allowed on City premises:
• Using improper language.
• Acting in a loud, boisterous, or otherwise unprofessional manner. • Engaging in harassment or otherwise offensive conduct. • Allowing unauthorized persons, including family and friends, to enter the building or area in which Contractor’s employee is assigned. Visitors must stay in the public lobby until Contractor’s employee arrives. • Opening or going through any City property, including furnishings, or use of City equipment or property.
• Theft or aiding in the theft of City property.
• Sleeping on the job.

Item IJ - 143
Revised 2.9.22 Page 15 of 26
• Taking scrap material.
• Using tobacco products, including electronic smoking devices, anywhere on City premises.
• Using City tools, equipment or supplies without prior authorization. • Possessing firearms or any other weapon, even if legally permitted to carry firearms or other dangerous weapons.
• Sexual misconduct, sexual abuse, sexual harassment, as defined by state and/or federal law.

1.2 Insurance Requirements:

1.3 License Requirement:

1. Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax;

2. Possess any other applicable license required in the performance of these services.

1.4 Term of Contract:

The term of this contract will be for three years, with two, one year renewal options upon mutual consent of the City and the Contractor.

1.5 Option to Renew:

1.6 Adjustment of Services:

The City reserves the right to reduce or increase, or otherwise adjust the scope of services.

1.7 Pricing:

1. The pricing included in this Contract shall be firm for the first year of the Contract.

2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Item IJ - 144
Revised 2.9.22 Page 16 of 26
Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas.

3. The City will only pay for the items listed on the bid form, and permit and disposal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.

1.8 Payment:

1.9 Invoicing:

1.10Special Security Requirement – For Palm Springs Police Department and Palm Springs International Airport:

1. POLICE DEPARTMENT:

Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Contractor. Contractor shall coordinate the record checks with the City’s Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency.

2. AIRPORT SECURED ACCESS TO WORK AREAS:
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Contractor will be required to submit the City, prior to the Item IJ - 145
Revised 2.9.22 Page 17 of 26
commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the Fingerprint/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov b. Under certain circumstances, and out of the control of the City, security measures may change on short notice. No deviations from any security measure shall be allowed at any time.
c. Restricted Area Access – All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge, must successfully complete a fingerprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows:
1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.

Item IJ - 146
Revised 2.9.22 Page 18 of 26
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.

Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site.

Item IJ - 147
Revised 2.9.22 Page 19 of 26
All required paperwork and ID badge applications shall be submitted a minimum of two weeks before issuance of any badge. The Contractor and its staff are responsible for attending SIDA training and completing security badge application.

Item IJ - 148
Revised 2.9.22 Page 20 of 26
Item IJ - 149

ATTACHMENT F

BID FORM
INVITATION FOR BIDS (IFB 22-11 I

ELECTRICAL MAINTENANCE AND INSTALLATION
Responding to this IFB for Electrical Maintenance and Installation services, the undersigned bidder proposes and agrees to provide the services and work in accordance wtth the specifications. Bidder proposes and agrees to furnish all labor, equipment materials, supervision, and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any addlional charges, fees, etc. that are not already included or incorporated in the below unit cos1s.

ITEM DESCRJPTION UNIT QUANTITY UNIT PRICE SUBTOTAL
1 Foreman Regular Billing Rate HR 50 149.00 $ 7,450.00
17:00AM - 5:00P'"
2 Foreman Overtime Billing Rate HR 5 192.00 $ 960.00
15:00PM - 7:00AMI
3 Foreman Holiday BIiiing Rate HR 5 235.00 S 1,175.00 1Saturdau/Sundau/Hofidaul 4 Journeyman Regular Billing Rate 17:00AM 5:00P"'
HR 100 147.00 $14,700.00
5 Journeyman Overtime Billing Rale HR 5 190.00 $ 950.00 15:00PM 7:00AUI
6 Journeyman Holiday Billing Rate 1Saturd-·/Sund=/Holid=' HR 5 232.00 $1,160.00 7 Wiring Systems Technician HR 116.00 $2,900.00
Regular Billing Rate (7:00AM - 25
5:00PMI
8 Wiring Systems Technician HR 150.00 $ 750.00
Overtime Billing Rate (5:00PM - 5
7:00A'~
9 Wiring Systems Technician Hollda HR 184.00 $ 920.00
BIiiing Rate 5
I Saturd-•/Sund~/Holid~,,
10 Apprentice Regular Billing Rate HR 25 105.00 $2,625.00 17:00AM 5:00PM\ 11 Apprentice Overtime BIiiing Rate HR 5 131 .00 s 655.00 15:00PM - 7:00AMI
12 Apprentice Holiday Billing Rate 1Saturda"/SUnd~•/Holid..: ·' HR 5 165.00 $ 825.00
13 Parts and Materials 1% markJ•0 ' 10% 5000 $ 500.00
14 ~-~ment Rental'% mark-··-' 10% 1000 $ 100.00
15 Subcontractors , % mark-· - 1 10% 1000 $ 100.00
TOTAL $35,770.00
Revised 2.9.22 Page 21 of 26
Item IJ - 150
'Please note: This bid form is to determine the lowest bidder and will be used to establish the contract unit prices. The contract value will be set at the City budget amount.

Certttied by: .,M"'a.,tt.,,hew.,,,_.,B..,rey,,_ ________________ _ Firm Name: M. Brey Electric. Inc.

Signature of Authorized Person: ~ ~ ---Z..---
Printed Name: ,.M .. •wl11Ubi.ew"'-'B.,.r.,eyL.. ___________________ _ Date: __ _,3/312=.,0"'22.,_ __________________ _
Revised 2.9.22 Page 22 of 26
EXHIBIT “B”

INSURANCE

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.

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

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

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 its 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 Item IJ - 152
Revised 2.9.22 Page 24 of 26
contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

Item IJ - 153
Revised 2.9.22 Page 25 of 26
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.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

Item IJ - 154
Revised 2.9.22 Page 26 of 26
EXHIBIT “C”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
Item IJ - 155
Item IJ - 156

ATTACHMENT D

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS (IFB 22-11)

ELECTRICAL MAINTENANCE AND INSTALLATION

What Must I Disclose?
Item IJ - 157
A. 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.).

What if I Have Questions?

Item IJ - 158
. ..-:~:···-~·· ······ •..
/_·. ~. .. t.:ii'tf' . J\ ·
\~-
-.
~
'~'..~_ . ~ _./ . ····· ......... : ..... -·····

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
M. Brey Electric, Inc.

2. Address of Entity (Principal Place of Business)
408 Elm Ave. Beaumont, CA 92223

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (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
Matthew Brey D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
IK]Other
President, Vice President, Treasurer & Secretary
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
• Other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other
Item IJ - 159

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

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

Matthew Brey 100% M. Brey Electric, Inc.
[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
Matthew Brey, President
~ v- ?--z._---
Date
3/3/2022
Item IJ - 160
City of Palm Springs, CA.

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

The full business entity disclosure in this example would resemble the following:

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
ATTACHMENT 6
Item IJ - 161
Revised 2.9.22 Page 1 of 25
CONTRACT SERVICES AGREEMENT A9079

PAINTING AND WALLCOVERING SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on April 11, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and AJ Fistes Corporation, a California Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

Palm Springs City CouncilApril 7, 2022

Palm Springs City Council
April 7, 2022