Section E
Local Preference
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E. Local Preference
Not applicable.
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Airport IT Confidential Standard
14 March 2022 amadeus.com
Section F
Forms
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F. Forms
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ATTACHMENT "A"
SIGNATURE AUTHORIZATION
REQUESTS FOR PROPOSALS (RFP 11-22)
aMaDEUS
COMMON-SHARED USE PASSENGER PROCESSING SYSTEM & SUPPORT 'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1) •
NAME OF COlvlPANY(PROPOSER)
Amadeus Airport IT Americas Inc.
BUSINESS
ADDRESS: 501 West. Church Street 3rd Floor Orlando FL 32805 TELEPHONE: (407) 370-4664 CELL PHONE. _______ FAX. _____ _ CONTACT PERSON Chris Keller ElvlAIL ADDRESS [email protected] A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposa I.
Chris Keller, Vice President
P~ NAM_J-AND TITLE
~ ,/4.:--- 03/10/Z022
SIGNATURE AND DATE
S. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate:
1. If successful. the contract language should refer to me/my company as:
__ An individual:
__ A partnership. Partners' names:. ____________ _
__ A company:
_lS.... A corporation If a corporation, organized in the state of: De la ware
2. My tax identification number is: --'3"'6,...-4.,_4.,_4""5""1"'9.,,6 _________ _ Please check below IF your firm qualifies as a Local Business as defined in the RFP:
__ A Local Business (licensed within the jurisdiction of the Coachella Valley).
Copy of current business license is reg ui red to be attached to this document.
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed nor..responsive.
In the space provided below. please acknov,ledge receipt of each Addenda:
Addendum( s) # 1 2 is/are hereby acknowledged.
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ATTACHMENT "B"
NON-COLWSION AFFIDAVIT
REQUESTS FOR PROPOSALS (RFP 11-22)
COMMON-SHARED USE PASSE~IGER PROCESSING SYSTEM & SUPPORT "THIS FORM MUST BE COMPLETED EXECUTED BY PROPOSER AND SUBMITTED WITH YOUR TECHNICAUWORK PROPOSAL (Electronic File #1)'
The undersigned. deposes and says that he or she is
____ ___,;V:.;.ic"'e'-P""'r""'e"'s;.::id.;:.e1:.:.:1t'--__________ of Amadeus Airport IT Americas, Inc . . lhe party making the foregoing Proposal. Thal the Proposal is nol made in the interests of. or on lhe behalf of. any undisclosed person. partnership, company, association. organization. or corp oration: 1t1at the Proposal is genuine and not collusive or sham: that tt1e Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal. and has not direcUy or indirectly colluded, conspired, connived, or agreed wilh any Proposer or anyone else lo pul in a sham Proposal. or lhal anyone shall refrain from Proposing: lhat lhe Proposer has nol in any manner. diredly or indirectly, sought by agreement, communication, or conference with anyone to fix tile Proposal price of 111e Proposer or any otller Proposer, or to fix any overI1ead. profit, or cost element of the Proposal price, or of that of any other Proposer. or to secure any advantage against the public body awarding tt1e contract or anyone interested in the proposed contract: tt1at all staternents contained in the Proposal are true: and, rut1t1er, 1t1at 1t1e Proposer has not directly or in directly. submitted his or her Proposal price or any breakdown thereof. or the contents thereof. or diwlged information or data relative thereof, or paid, and v,ill not pay, any fee to any corporation. partnership, company, associatioo. organization Proposal depository, or any other member or agent thereof to effectuate a collusive or sI1 am Proposal.
Signature:_~ a- ~z __ ._/4--_____________ _
Title: Vice President
Date 03/10/2022
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ATTACHMENT "C''
CITY OF PALM SPRINGS, CA
aMaDEUS
CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION REQUEST FOR PROPOSAL (RFP 11-22)
COMMON-SHARED USE PASSENGER PROCESSING SYSTEM & SUPPORT
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAUWORK PROPOSAL (Electronic File #1)
Conflict of Interest. Consultant ackno·wledges that no officer or employee of the City has or shall have any direct or indirect fin ancia I interest in this Agreement. nor shal I Co nsu lta nt enter into any agreemen1 of any kind with any such officer or employee during 1he term of this Agreement and for one year thereafter. Consultant warrants that Consultant has no1 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 perfonnance under this Agreement, ConsuHant shall not discrimina1e 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 disabil~y. or medical condition (each a "prohibited basis"). Consultant shall ensure tha1 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 th is Agreement. Consultant certifies th at its actions and omissions hereunder sh al I not incorporate any discrimination arising from or re lated to any prohibited basis in any Consultan1 activity, including but not limited lo the following:
employment, upgrodi ng. 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 Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits. rela1ing to non-discrimination in city contracting.
NAME OF CONSULTANTNENDOR: Amadeus Airport IT Americas. Inc.
NAME and TITLE of AuthOrized Representative:
(Print) CHRIS KELLER
Signature and Date of Authorized Representative:
(Sign) - 6-=-... /_._· _£ __ ----------------(Date) 03/10/2022
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ATTACHMENT ·'D''
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
{INSTRUCTIONS FOR APPLICANTS)
REQUEST FOR PROPOSAL (RFP 11-22)
COMMON-SHARED USE PASSENGER PROCESSING SYSTEM & SUPPORT
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1)
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 Cily's board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officia Is 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 officia I 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,
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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.
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 Cily.
•There are some additional supplementary instructions with an example following the form should you need further clarification.
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1. 2.
3. 4.
5. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Amadeus Airoort IT Americas. Inc.
Address of Entity (Principal Place of Business)
501 West Church Street, 3rd Floor, Orlando FL 32805
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State Florida
aMaDEUS
If other than California, is the Entity also registered in California? n Yes fxl No Type of Entity
ts!I Corporation LJ Limited Liability Company LJ Partnership LJ Trust LJ Other (please specify)
6. Officers, Directors, Membe,s, Managers, Trustees, Other Rduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiducianes for the member, manager, trust, or other entity
Betros Wakim ~ Officer C Director D Member :::J Manager [name] D General Partner D Limited Partner
nather
Chris Ketler ~ Officer n Director n Member n Manager
[name] 7 General Partner n Limited Partner
:::J Other
Maria Sanchez ~ Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
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7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 60%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)
A.
Amadeus IT Groue SA 100%. Amadeus Airport IT Americas. 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 na rne of entity]
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STA TE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date Chri~ Keller. Vice Pre$idenl March 20, 2022
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City of Palm Springs, CA.
Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance Vl;th the attached instructions, v.,e 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 OV'med 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%
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ATTACHMENT "E"
REFERENCES
REQUESTS FOR PROPOSALS (RFP 11-22)
COMMON-SHARED USE PASSENGER PROCESSING SYSTEM & SUPPORT Reference 1
Organization name: Contact and title:
LAX6 Consortium LLC Christian Beghi, General Manager
Address: Phone number: (310) 801-2625
1 World Way, Los Angeles, CA 90045
Email Address: [email protected]
Effective date of contract: Value of Contract:
November 2017 $2.5M
Description of products/services provided:
Airport Common Use Services. Airport Operational Database, Flight Information Display System.
Resource Management System
Reference 2
Organization name: Contact and title:
Southwest Florida International Airport Philip Murray, Director, Information Technology Address: Phone number: (239) 590-4541
11000 Terminal Access Road, Suite 8671, Fort
Myers, FL 33913 Email Address: [email protected]
Effective date of contract: Value of Contract:
September 2015 $1.5M
Description of products/services provided:
Airport Common Use Services, Cisco VoIP Interface, Common Use Self Service Kiosks Reference 3
Organization name: Contact and title:
Myrtle Beach International Airport Scott Von Moppes. Director of Airport Address: Phone number (843) 839- 7362
1100 Jet Port Rd, Myrtle Beach, SC 29577
Email Address: [email protected]
Effective date of contract: Value of Contract:
August 2011 $3M
Description of products/services provided:
St 10.r eu Use Passenger P1 uce:;,;irig Sy:;tern, Lucc:11 De[Jal Lui e Cu rill ul System, Ai1 [JUI I O[Jerc1liunc1I Dc:11.o.bo.se, Resource Managemert System, Common Use Self Service Kiosks, Fligh: Information Display System (FIDS), PROPworks®Property & Revenue Managemert System IE:::J Paging System, Mi:el Telephony System
Let's shape
the future of
travel
We are already hard at
work, every day, building
the future; personalising the
travel experience of millions;
connecting modes of travel
and travel players across the
globe; providing the tools to
enable long-term economic,
environmental and social
sustainability for the travel
industry.
That is what motivates and
inspires us; to work with our
customers and partners to
shape the future of travel.
We hope you’ll join
us on that journey!
Item 1G - 71
CITY COUNCIL STAFF REPORT
05/26/2022 1. H.
City Clerk -
SUBJECT
APPROVE CONTRACT SERVICES AGREEMENT NO. A9117 WITH AVIATRIX
COMMUNICATIONS, LLC FOR AIRPORT BRAND AND WEBSITE DEVELOPMENT
SERVICES
RECOMMENDATION:
Approve Contract Services Agreement No. A9117 with Aviatrix Communications, LLC of San Diego, California in the amount of $149,000.
1. Authorize the City Manager or his designee to execute all necessary documents.2.
Attachments
Item 1H
CITY COUNCIL STAFF REPORT
DATE: MAY 26, 2022 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. A9117 WITH
AVIATRIX COMMUNICATIONS, LLC FOR AIRPORT BRAND AND
WEBSITE DEVELOPMENT SERVICES
FROM: Justin Clifton, City Manager
BY: Aviation Department
SUMMARY:
The Palm Springs International Airport proposes to enter into an agreement with Aviatrix Communications, LLC, (Aviatrix) based in San Diego, CA, for the development of the Airport’s first comprehensive brand, and a new website. This will help in the A irport’s marketing efforts, improve Airport user and community communications, and position the Airport to better compete with airports the region.
RECOMMENDATION:
1. Approve Contract Services Agreement No. A9117 with Aviatrix Communications, LLC of San Diego, California in the amount of $149,000. (Attachment A)
2. Authorize the City Manager or his designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure Form ( Attachment B) and the Statement of Information filed with the California Secretary of State, Aviatrix Communications, LLC is registered in the State of California. The Owner is Kathryn Franco Jones.
BACKGROUND:
Palm Springs International Airport has never had a comprehensive brand developed. The Airport logo was originally designed for the Palm Springs C onvention Center, and the words “Convention Center” were exchanged with “International Airport” to create the logo currently in use. In 2021, a consultant researched and developed a Marketing & Communications Plan for the A irport, and the primary finding of their research was the need for the Airport to establish a vibrant, unique A irport brand that best positions the Item 1H - 1
City Council Staff Report
May 26, 2022 -- Page 2
Agreement A9117 with Aviatrix Communications, LLC for Airport Brand and Development Services
Airport as the airport of the entire Coachella Valley. Additionally, PSP does not have a mission statement, values statement, vision statement, nor any type of unique identity.
PSP also has challenges due to perceptions that it’s too expensive, that there are not enough airlines or flights, and even that it is a seasonal airport that shuts down in the summer.
STAFF ANALYSIS:
The Aviation Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a provider of these needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website.
Nine proposals were received and evaluated by an evaluation team made up of staff from the Aviation, Communications Departments and from Visit Greater Palm Springs. The proposals were evaluated against published criteria that included the firms experience, experience of the team, understanding of the scope of work, local preference, and price.
Aviatrix Communications, LLC was ranked the highest by the evaluation team and is being recommended for award of the contract.
Aviatrix Communications, LLC will develop a fully realized comprehensive brand that will set up PSP to stand out as the airport of choice among area residents and tourists coming to the Coachella Valley, and for those that live nearby that can easily choos e among several area airports, including PSP.
As part of the new brand development, PSP’s website will be re-designed and re-built to match the new branding. The current website lacks functionalities that m any airports currently have, and it’s built at PalmSpringsAirport.com. The new website will be built on the Airport’s new web address, flyPSP.com, which will conform with PSP’s social media handles and other marketing efforts. The PalmSpringsAirport.com web address will remain active, but it will automatically re-direct users to flyPSP.com when the new website is complete.
The new website will clearly communicate PSP’s new brand while being more informative of PSP’s offerings and unique travel experience, will increase ease of use, increase ADA and privacy compatibility, and will be offered in multiple languages including Spanish. The new website will also offer interactive terminal maps, a route map that can offer the ability for passengers to shop for their next flight by providing sample fares from PSP, and TSA Checkpoint wait times. The primary objective is to improve the customer experience and increase usability. It will also be built so more functionalities can be easily added as technology evolves.
With the development of a comprehensive brand and website, PSP will appeal to a broader audience beyond Palm Springs. The target audience will include all nine cities in the Coachella Valley, the High Desert communities, San Gorgonio Pass communities, and Inland Empire residents that can easily choose between PSP or another area airport.
Item 1H - 2
City Council Staff Report
May 26, 2022 -- Page 3
Agreement A9117 with Aviatrix Communications, LLC for Airport Brand and Development Services
This project will complete Goal 1 of PSP’s three-year Marketing & Communications Plan and will position PSP to compete not only for our local residents, but also those that live within a 1.5-to-2-hour drive of PSP and inbound tourists.
At its meeting on May 18, 2022, the Airport Commission recommended the approval of this agreement.
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 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. 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.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with Item 4B of the City’s Go od Governance strategic planning as it will enhance the Airport’s ability to communicate with local residents , and the Airport’s new website will include a Spanish language version.
FISCAL IMPACT:
The estimated cost for the professional services to develop the brand and website is $149,000. Funding for this agreement is available in Airport Account 4157020-50145.
REVIEWED BY:
Procurement & Contracting Manager: Kim Baker
City Attorney: Mark Velasquez
Department Director: Harry Barrett, Jr.
City Manager: Justin Clifton
ATTACHMENTS:
A. Contract Service Agreement No. A9117 with Aviatrix Communications, LLC B. Public Integrity Disclosure
Item 1H - 3
ATTACHMENT A
CONTRACT SERVICES AGREEMENT NO. A9117
WITH AVIATRIX COMMUNICATIONS, LLC
Item 1H - 4
CONTRACT
SERVICES AGREEMENT No. A9117
BETWEEN THE CITY OF PALM SPRINGS AND
AVIATRIX COMMUNICATIONS, LLC.
TH IS AG
REEMENT FO R CONTRACT S ERVICES (“Agreement”) is mad e and entere d into on _____________, 20__, by a nd between the City of Palm Sp rings, a C alifornia charter city and municipal corporation (“City”), and Aviatrix Communications, LLC a California Limited Liability Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City r equires the services of a branding and website developer, for the Palm Springs International Airport (“Project”).
B. Contractor has submitted to Cit y a pro posal to provid e branding and website development, under the terms of this Agreement.
C. Based on its e xperience, educat ion, training, and r eputation, Contractor is qualified and desires to provide the necessary services to City for the Project.
D. Cit y des ires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herei n, and ot her val uable consi deration, t he rece ipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Sc ope of Ser vices. In compliance with all ter ms and c onditions of thi s Agreement, Contr actor shall prov ide se rvices to City a s described in the Scope of Services/Work attached to th is Ag reement as Exhibit “A” and incorpo rated her ein by reference (the “ Services” or “ Work”). E xhibit "A" in cludes the a greed upon schedule of performance and the schedule of fees. Contractor warra nts that the Services shall be performed in a com petent, professional, and satisfactory manner consistent with the level of care and ski ll ordin arily exe rcised by hig h quality, e xperienced, an d well qualif ied members of t he profession c urrently practicing under si milar conditions. In the event of any inconsistency be tween the terms contai ned in the Sco pe of S ervices/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 C ompliance 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 t he S ervices. Con tractor shal l be lia ble f or all violations of such law s and regulations in connection with the Services and this Agreement.
1.3 Licenses and Permits . Contractor shall obtain at its sole co st 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 F amiliarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work sh ould be performed and ful ly understands the Item 1H - 5
fac
ilities, difficulties, and r estrictions atte nding performance of the Work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of t he 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 Co ntractor. Con tractor shall be compensated and reimbursed f or the s ervices rendered under this Agreement in accordance wi th t he schedule of fees set forth in Exhibit “A” . The total amount of Compensation shall not exceed $149,000.00.
3.2 Method of Payment. In any mont h in which Co ntractor wishes to r eceive 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 mon th, 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 ar e approved by City and co nsistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes. In th e event any change or changes in t he Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, a ny additional fees. An amendment m ay be entered into:
A. To provide f or 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 service s n ot included in th is A greement or not customarily furnished in accordance with gen erally accepted practice in C ontractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the ag reed upon schedul e of per formance set forth in Ex hibit “A.” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Ma jeure. The time for performance of Services to be rendered under this Agreement may b e extended because of any delays due to a F orce Majeu re Event if Contractor notifies the Contract Offic er within ten (10) days of the comm encement of the Force Majeure Event. A Forc e Majeure Event shall mean an event t hat 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; Item 1H - 6
(3) orders o f g overnmental authori ties (includ ing, wit hout lim itation, un reasonable and unforeseeable delay in the issuanc e of permits or approvals by governmental authorities that are r equired for the Work); and (4) pandemics, epidemics or q uarantine restrictions.
For p urposes o f thi s sec tion, “order s of gov ernmental au thorities,” incl udes ordinances, emergency proclam ations and orders, rules to protec t the public health, welfare and safety, and other actions of the City in its ca pacity as a muni cipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay , and extend th e ti me for performing the Services for the per iod of t he enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Of ficer’s determination shal l be final and conclusive upon the P arties to this Agreement. The C ontractor will not receive an adjustment to the contract price or any other compensation. No twithstanding the f oregoing, the City m ay still term inate this Agreement in accordance with the termination provisions of this Agreement.
4.4 Ter m. Unless ea rlier termin ated in accordance with Section 4.5 o f this Agreement, this Agreement s hall continue in full for ce and effect for a pe riod of one year commencing on the issuance of a Notice to Proceed and ending one year later, unless extended by mutual written agreement of the Parties.
4.5 Te rmination 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 welfar e, the per iod o f notice shall be s uch shorter t ime as may be determined by t he City . Upon r eceipt of th e noti ce of term ination, Co ntractor shall immediately ce ase a ll S ervices except such as may be specifically approved by t he Contract Officer. Contractor shall be e ntitled to c ompensation for all S ervices rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs o ther than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed S ervices, a nd shall not be entitled to da mages or compensation f or termination of Work. If the termination is for cause, the City shall have the right to ta ke whatever step s it dee ms n ecessary to correct Co ntractor's d eficiencies and charge the cost th ereof to Contr actor, who sh all be liable for the ful l cost of th e C ity's corr ective action. Contractor may not terminate this Agr eement except for cause, upon t hirty (30) days written notice to City.
5. COORDINATION OF WORK
5.1 Rep resentative o f Contractor . T he f ollowing principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its b ehalf with r espect to th e sp ecified Services: Kathryn Franco Jones, Owner . It is e xpressly underst ood that the experie nce, knowledge, education , capability, and reputation of the foregoing principal is a substantial inducement for City t o enter into this Agreement. T herefore, the foregoing principal shal l be respons ible during the term of th is Agreement for directing all activities of Contractor and dev oting sufficient time to personally supervise the Services under this Agreement . The foregoing pr incipal may not be changed by Contractor without prior written approval of the Contract Officer.
5.2 Contract Office r. The C ontract Office r shal l b e the City Ma nager or his /her designee ("Contract Officer"). Contractor shall be responsible fo r keepi ng th e Con tract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any dec isions that must be made by C ity to the Contr act Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
Item 1H - 7
5.3 Prohibition Against Subcontract ing o r Assignment . The e xperience, knowledge, educat ion, capability, an d reputation of Contractor, its principals, and employees, were a substantial inducem ent for C ity to enter into this Agreement.
Contractor sh all not contract with a ny other individual or entity to perf orm any S ervices required under this Agreement without the City's express wr itten approval. I n ad dition, neither this Agreement nor any inte rest may be assigned or transferred, voluntari ly or by operation of law, witho ut the prior wr itten approval of City . Subcontracts, if a ny, s hall contain a provisions mak ing them subject to al l p rovisions sti pulated in this Agreement including without lim itation the insurance and indemnification r equirements. If Contractor is permit ted to subcontract a ny p art of this A greement by City, Co ntractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is fo r persons directly employed. Nothing contain ed in this Agreement shall create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor. Neither City nor any o f 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 a s are consistent with that role ; however, C ity 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 agent s or employees are agents or employees o f City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with th eir performance under this A greement and as required by law.
Contractor shall be responsible for all reports an d obligations respecting such personnel, including, but not limited to: so cial security taxes, income tax with holding, 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 i n this Agreement. Contractor shall not alter the assignment of t he following personnel without the prior written approval of the Contract Officer. Acting through the City M anager, the City s hall have the unrestricted r ight to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.
Name: Title:
Rosemary Barnes Public Relations Manager
Crystal Heavers Creative Developer
Kathryn Franco Jones Project Manager
Cheryl Brown Marketing Manager
Kyle Elliott Digital Developer
5.6 California Labor Code Requirements.
A. Contractor is aware of the require ments of California Labor Code Sections 1720 et s eq. and 1770 et seq., wh ich require the p ayment of prevail ing wa ge ra tes and the performance of other r equirements on certain “public works” and “maintenance” proj ects (“Prevailing Wage La ws”). If the Services are being performed as part of an applicable “public works” or “maint enance” project, as defined by the Preva iling Wage Laws, and if the total compen sation is $15,000 or more for maintenance or $25,000 or more for Item 1H - 8
const
ruction, 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 cl aims, liabilitie s, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It sha ll be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provi sions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), c ertified 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 a re being performed as part of an applicable “ public w orks” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demol ition, installation, or repai r, then pursuant to Labor C ode Sect ions 1725.5 and 1771.1, the Contractor and all subcontractors performing such S ervices m ust be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of t he Project and require the same of a ny subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enf orcement by the Department of Industrial Relations. It shall be Contractor’s sole r esponsibility to comply with al l a pplicable 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 Indem nification. To t he fullest ext ent permi tted by law, Contract or shall defend (a t Contractor ’s so le cost and expense) , indemnify, protect, and hold harmless City, its el ected off icials, of ficers, employees, agents, and volunteers (collect ively the “Indemnified Parties”), fr om and against any and all liabilities, actions, suit s, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages , demands, orders, penalt ies, a nd expenses includi ng legal costs and attorney fee s ( collectively “Claims”), including but not limit ed to Cla ims arising from injuries to o r death of persons (Contractor’s employees inc luded), for d amage to property, including propert y owned by City, for a ny violation of any federal, stat e, or local law o r o rdinance or in an y manner arising out of, perta ining to, or incident to a ny acts, erro rs or omi ssions, or wil lful 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 exc ludes Claim s arisin g f rom th e sole negligence or willful misconduct of the Indemnified Parties. Under no circum stances shall the insurance requirements and limits set f orth in this Agreemen t be co nstrued t o limit Contractor ’s indemnification obligation or other liability under t his Agreement. Co ntractor’s indemnification obligatio n shall survive the expiration or ea rlier termin ation of t his Agreement until all actions a gainst the Indemnifi ed Parties for su ch matters indem nified are fully and finally barred by t he applicable statute of limitations or, if an action is ti mely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obl igation t o defend, indemnify , and/or hol d harmless arise s o ut of Contractor’s performance as a “desi gn professional” ( as that te rm is def ined under C ivil Code section 2782.8), th en, and only to the extent required by Civil Code section 2782.8,
Item 1H - 9
which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the C laims arise out of , pert ain to, or relate to the negligenc e, recklessness, or willful misconduct of the Contractor in the performance of the Services or this A greement, and, upon Contractor obtaining a final adjudic ation by a co urt o f competent juris diction, Contractor ’s liability for s uch claim, including the co st to d efend, shall not exceed the Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Repor ts. 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 e xpenditures pertainin g in any way to this Agreement.
Contractor shall keep such books and r ecords as sh all be nec essary to proper ly perform the Services required by t his Agreement and enable the Cont ract Officer to evaluate the performance of su ch Services. The Contract Of ficer 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 O wnership of Documents. All d rawings, spec ifications, reports, r ecords, documents, and o ther m aterials prepared by Contractor in the perf ormance of t his Agreement shall be the pr operty of City . Contractor shall deliver a ll above -referenced documents to Ci ty u pon request of the Contract Of ficer or upon the termination o f t his Agr
eement. Contractor shall have no claim for further e mployment or additional compensation as a resul t o f the exercise by City of its f ull rights o r owners hip of the documents and mater ials. Co ntractor ma y retain co pies of such docu ments for Contractor's own use. Contractor shall have an unrestricted right to use the c oncepts embodied in such documents.
8.4 Release of D ocuments. All dr awings, speci fications, reports, rec ords, documents, and ot her materials pre pared by Contractor in the performance of S ervices under this Agr eement shall not be released publicl y 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 hour s of C ity, Contractor shall provide City, o r other agents of City, such access to C ontractor’s books, record s, pay roll document s, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, docum ents, and activities d irectly related to Contr actor’s performance under this Agreement. Cont ractor sh all m aintain such books, rec ords, data, and docu ments in accordance with gene rally ac cepted accounting principle s a nd shall clearly ide ntify and make such items readily accessibl e 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 Californi a Law. T his Agreement shall be construed and interpr eted both as to validity a nd to performance of the parties in accordance with the laws of t he Sta te of California. Legal action s con cerning any dis pute, claim , or m atter arisin g out of or in relation to this Agr eement shall b e instituted in t he Superior C ourt of th e County of Riverside, State of Cali fornia, or any other appropriate court i n suc h coun ty, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
Item 1H - 10
9.2 Int erpretation. This Agreement shall be construed as a who le according to its fair language and common meaning to achieve the objectives and purposes of the Parties.
The term s of th is Agreement ar e contractua l and the r esult of negotia tion bet ween t he Parties. Accor dingly, any rule of c onstruction of contrac ts ( including, without limit ation, California Civil Code Section 1654 ) that ambigui ties are to be construed against the drafting party, shall not be employ ed in the i nterpretation of this Agreement. The caption headings of the various se ctions and paragraphs of this Agreement ar e for convenience and identification pur poses only and shall not be deemed to limit, ex pand, or define the contents of the respective sections or paragraphs.
9.3 Waiver . No delay or omission in t he exercise of any ri ght or remedy o f a non - defaulting Party on any default shall impair such right or re medy or be constru ed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or a pproval of any s ubsequent act of Contractor. Any wa iver by either Party of any default must be in writing . No such waiver shall be a waiv er of any other default concerning the same or any other provision of this Agreement.
9.4 Rig hts and Re medies are Cum ulative. Except wit h respect t o righ ts 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 r ights 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.
9.5 Legal Action . In addition to any other rights or remedies, either Party may take legal action, in la w or in equity, to cure, cor rect, or r emedy any d efault, to r ecover damages for any defau lt, to c ompel specific performance of thi s Agre ement, t o ob tain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorn ey 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 rel ief as may be gr anted, t o rec over from the non - prevailing Party all reasonable costs and exp enses. These include but are not limited to reasonable attor ney fees , ex pert contrac tor fee s, court cos ts a nd all fees , cos ts, and expenses incurred in a ny appeal o r in collection of any judgment entered in suc h proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non -Liability of City Officers and Empl oyees. No officer or emp loyee of Cit y shall be pers onally liable to the Contractor, or any su ccessor-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 Con flict 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 therea fter. Contractor warrants that Contractor has not paid or giv en, and will not pay or give, any third p arty any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection wit h its performance under this Agreement, Contractor shal l n ot discriminate against any empl oyee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital st atus, ancestry, nation al origin ( i.e., place of origin, immi gration status, cultural or linguistic Item 1H - 11
charac
teristics, or ethnici ty), sexual orientation , g ender identity, gender ex pression, physical or mental disabi lity, or medical condition (each a “prohibi ted basis”). Contractor shall ensure that applicants are em ployed, and tha t employees ar e treated during their employment, with out regard to any prohi bited basis. As a condition precedent to City’s lawful capacity to ente r th is Agree ment, and in executing this A greement, Contractor certifies that its actions and om issions hereunder shall not incorporate any dis crimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to t he follo wing: emplo yment, upgrading , demotion or tr ansfer; recruitment o r recruitment advertising; layoff or termination; rates of pay or other f orms of compensation; and selection for training, including apprenticeship; and further, that Contr actor is in full compliance wit h the provis ions o f Palm Sp rings Municipal Code Secti on 7.09. 040, including without li mitation the p rovision of benefits, relating to non-discrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mai led 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: Aviatrix Communications, LLC.
Kathryn Franco Jones, Owner
11162 Caminito Vista Pacifica
San Diego, California 92131
11.2 I ntegrated Agreemen t. This Agreement constitutes the entire under standing between the Parties and s upersedes and cancels all prior negotiations, a rrangements, 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 Agre ement 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 unenforce able by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sent ences, 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 Th ird Part y Be neficiary. Except as may be expr essly provi ded for in this Agreement, not hing cont ained in thi s Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights Item 1H - 12
as
a third -party beneficiary or othe rwise, upon any entity or p erson 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 person s executing this Agreement on behalf of the P arties warrant that they are duly authori zed to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts. This Agreement may be signed in counterpa rts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Item 1H - 13
SIGNAT
URE PAGE TO CONTRACT SERVICES AGREEMENT No. A9117
BETWEEN THE CITY OF PALM SPRINGS AND AVIATRIX COMMUNICATIONS, LLC.
IN WITNESS WHEREOF, the P arties have execute d this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________ Signature Signature
Name: N ame:
Title: Title:
Date: ___________________________ Date: ___________________________ 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.
CITY
OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Dat e: _______ I
tem No. ________
APPRO VED A
S TO FORM: ATTEST:
By: _____________________________ By: _____________________________ Jeffrey S. Ballinger, Monique Lomeli
City Attorney Interim City Clerk
APPROVED:
B y:
_____________________________ Date: ____________________________ Justin Clifton,
City Manager
Item 1H - 14
EXHIB
IT “A”
CONTRACTOR’S
SCOPE OF SERVICES/WORK
Inc ludi
ng,
Schedule of Fees
And
Schedule of Performance
Item 1H - 15
SCOPE OF WORK
1.1 B
ackground and Purpose:
A. A fully devel oped brand has never been cr eated for The Palm Springs International Airport (PSP). No mission, no values statement, no vision, nor any type of identity.
Our airport is within a 1.5 to 2.5-hour drive of severa l Southern California airports that compete not only for our residents, but for tourists coming to the Co achella Valley as well.
B. The Airport has challenges due to perceptions that it’s too expensive, that there are not enough airlines or flights (when we have 13 airlines and 30+ routes in season), and that it is a seasonal airport that shuts down in the summer, which is not true. The Airport’s nonstop routes in the summer are less, 16 year -round for now, but the Airport is not closed.
C. The Contractor will develop a fully realized brand for PSP that will set the Airport up to stand out as the A irport of choice among area residents, touris ts coming to the Coachella Valley, and for those that live in the nearby Inland Empire that can easily choose among several airports, including PSP.
D. As part of the new br and, PSP needs to have a new website created to match. The current website doesn’t hav e the functionality that most airports currently have, and it’s built at PalmSpringsAirport.com. The new website should be built on the airport’s new web address, flyPSP. com. The website should be turnkey utilizing a non- proprietary content management system.
E. The new website needs to clearly communicate PSP’s new brand while being informative of the airport’s offerings, unique travel experience, and it must be easy to use. The primary objective is to improve the customer experience and increase usability.
F. The Airport needs to appeal to a broad audience beyond the city limits of Palm Springs. The audience should include all nine cities in the Coachella Valley, the High Desert communities, San Gorgonio Pass communities, and Inland Empire residents that can easily choose between PSP or another area airport.
G. The Airport needs to be positioned to compete not only for our local residents, but also those that live within a 1.5-hour drive of PSP, and inbound tourists.
H. The Airport has no current brand, no mission, no values, no vision. While the Airport does have a few assets, the flyPSP logo and Palm Springs International Airport logo, they were not developed as part of a brand for the airport.
I. A community airport awareness survey is currently underway for PSP. The results of the survey will be provided to the winning proposer for use in the development of our new brand.
1.2 Scope:
A. The Contractor shall create a new brand for the Airport to include:
1. Logo and color palettes
a. Logo files in multiple formats such as Photoshop, Illustrator, etc.
2. Positioning Platform
Item 1H - 16
a. Miss
ion, vision, values, key messages, tag lines, etc.
3. Brand identity/descript ions and brand promise
4. Brand Standards Guide / Brand Kit
5. Asset Management Plan
6. Partner Toolkit for the brand
7. Media Toolkit
8. Brand launch plan including:
a. Social media
b. Public Relations
c. Media event
d. Plan for internal launch and preparation
e. This plan will be executed by PSP staff
9. Copyright, trademark, and intellectual property protections
10. Ensure all work created is owned by PSP
11. Collateral
a. Instructional and educational assets
b. Social media profile and cover photos
c. Media Kit
d. Templates for:
i. One sheeter
ii. File folder
iii. PowerPoint
iv. Business cards
v. Letterhead and envelopes
vi. Press Releases
vii. Zoom/MS Teams backgrounds
viii. Email signature blocks
ix. Newslett ers: One for both internal and external uses x. Other templates as needed
e. Trade Show/Event booth design plan
f. Vehicle decals
g. Any other needs identified by the Contractor
B. The Contractor shall create a new website for the Airport to include:
Item 1H - 17
1. Site map devel
opment and site planning.
a. Review existing website with PSP Marketing team and develop a site map that includes the new and existing content to be included on the new site.
2. Wireframe mockups of the new website.
3. Developed with standard web progr amming languages t hat will allow hosting on any standard Linux or Microsoft hosting platform without any non -standard or proprietary software required to run on the server. Site should run properly on al l PC and MAC platforms and be responsive for mobile. There is to be no down time of current site while new improvements are being made.
4. Website must fully incorporate PSP’s new brand, mission, vision, and values.
5. Mobile-friendly design that automatic ally syncs updates made to the new website.
6. Robust search functionality.
7. Social media integration.
8. Database/Media Room to house news, press releases, and media assets including Partner Tool Kit and a Press Media Kit.
9. A file manager/resource portal with both public and private (login) areas to store documents in an organized manner.
10. Photo and video galleries that are updatable by PS P staff to showcase various aspects of the airport.
11. English and Spanish versions are a requirement, additional languages may be proposed
12. Website support and maintenance.
a. Proposer shall troubleshoot and resolve problems with servers, systems and website. The hosted system shall be monitored 24 hours a day. Proposer shall provide 24/7 o n-call response to website maintenance and troubleshooting as airport communications are often time -sensitive and relating to flights.
b. PSP reserves the right to host the site ourselves or through another vendor
13. A content management system that allows users to add/edit/delete website pages, that is compatible with common browsers (IE, Firefox, and Chrome).
14. Interactive route map
15. Directory and i nteractive terminal maps for concessions, amenities, tenant locations, and services that is easily updateable by PSP staff.
16. Emergency banner that is easily editable a nd can easily be turned on/off when needed to relay important messaging
17. Contact forms
18. Training for PSP staff to be able to edit the website and do regular updates Item 1H - 18
19. Digi
tal advertising and landing page development
20. Seamless Integration of third-party applications such as:
a. TSA checkpoint wait time
b. Flight tracking
c. Airfare analysis
d. Newsletter registrations
e. Any other items the proposer may think will be useful
21. All work , content, source code, media, databases, CMS, and functionality associated with the new website, in any way, shall remain the property of PSP.
22. Support for implementing robust website analytics in conjunction with the Marketing team.
23. Migration plan with details on how the proposer will ensure a smooth transition from our current website to the new website while maintaining existing SEO rankings, and how to improve them.
24. Compliance with all regulations and best practices for security, privacy, and search engine optimization. Site must fully comply with applicable laws and regulations governing non-d iscrimination in public accommodations and commercial fac ilities including, without lim itation, the requirements of the Americans with Disabilities Act and all regulations therein.
25. Copyright, trademark, and intellectual property protections.
26. Forms – Ability to build forms and publish on the website for applicant s to complete online. Once the form is completed it is emailed to PSP staff and stored in a private database on the website.
27. Portal for tenant access to relay information from PSP staff to specific users.
28. Instant messaging for real time responses to concerns/questions that airport users may have. This must include the ability to be turned on and off, have hours of operation, away messaging, etc. Essential ly, the Airport does not plan to actively monitor it 24 hours a day, but we want airport users to be able to leave a message when it is not actively being monitored. The Airport would also like it to log all messages automatically and who is responding. In addition, the Airport would like it to have the ability for the airport user to leave their phone or email.
1.3 Schedule:
All work is to be completed within four months of contract award.
1.4 Compensation:
Work will be compensated on a lumpsum basis for the two major tasks identified.
Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress Item 1H - 19
report is p
rovided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
Item 1H - 20
Item 1H - 21
r AVIATRIX
COMMUNICATIONS
pfs ·
INTERNATIONAL AIRPORT p~
I SECTION F: Cost Proposal
ITEM
1 2
ATTACHMENT "F"
COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 16-22)
BRANDING AND WEBSITE DEVELOPMENT
FOR THE PALM SPRINGS INTERNATIONAL AIRPORT
THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOTwith Electronic File #1, Technical/Work Proposal*) DESCRIPTION Quantity Unit of Measure TOTAL
Branding for PSP per the 1 Lumpsum
scope of work $99,000
Website Development for 1 Lumpsum
PSP per the scope of $50,000
work
Total $149,000
Cectified by, ~-crM
Firm Name: Aviatrix Communications, LLC
Signature of Authorized Person: --~-~----,1--T---~+-1~--+~+--------- Printed Name: Kathryn Franco Jones
Title: _o_w_n_e_r ______________________ _
Branding and Website Development Proposal I Prepared for Palm Springs International Airport EXHIBI
T “B”
INSURA NCE P ROV
ISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Err or
s and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1H - 22
INSURANCE
1. P rocurement and Maintenance of Insurance. Contractor shall procure and maintain public liability an d pr operty damage insur ance a gainst al l cla ims for i njuries against persons or damages to property resulting from Cont ractor’s p erformance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and cont ent 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 shal l be ke pt in full force and effect during the term of thi s Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any propos ed cancel lation. Certificates of insuran ce evidencing t he 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. M inimum S cope of Insurance. The minimum amount of insu rance required under this Agreement shall be as follows:
1. Comprehensive gener al liability and personal i njury wit h limits of at least o ne million dollars ( $1,000,000.00) combined single limit coverage pe r oc currence and t wo million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least o ne million d ollars ($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’ Co mpensation insurance in th e s tatutory amount as required by t he State o f Cal ifornia and Em ployer’s Liability Insu rance with limits of at least one mil lion dollars $1 million per occurrence . If Contractor has no employ ees, Contractor shal l complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims r elated to this Agreement, Contractor’s insurance coverage shall be primary with res pect to the City and it s respectiv e el ected officials, offi cers, empl oyees, agents, a nd volunteers. Any insurance or self -insurance maintained by Ci ty a nd its respective el ected officials, officers, e mployees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Con tractor provides claims made prof essional liability i nsurance, Cont ractor shal l also agree in writing either (1) to purchase tail insura nce in the amount requi red by this Agreement to cov er claim s made wit hin three years of the compl etion of Contractor ’s Item 1H - 23
ser
vices under this Agreement, or (2) to maintain professional liability insurance coverage with the s ame carrier in the amount r equired by this Agreement for at least thr ee years after completion of Contractor’s services under this Agreement. Contractor shall a lso be required to prov ide evidence to City of the purchase of the required tail in surance 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 Stat e of California. Coverage shall b e 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 certificat es of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person auth orized by that insurer to bind coverage on its behal f. All proof of insurance is to be r eceived and approved by the City before work co mmences. C ity reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any ti me. A dditional insured endorsements a re no t required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General a nd/or Auto Liability Endorsement Form for the C ity of Palm Sp rings or (2) an acceptab le Certificate of L iability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. " The
City of Palm Springs, its officials, em ployees, 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. " Thi s
insurance is pri mary and non -contributory over any insurance or self - insurance t he City may have..." (" as respects City of Palm S prings Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. " Shoul d any o f
the abov e desc ribed policies be canceled before t he 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 t o mail such notice shall impose no obligation or liabi lity o f a ny kind upon the company, its agents o r representative" is not acceptable and must be crossed out.
D. B ot h t
he Workers’ Compensation and Employers' Li ability 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.
Item 1H - 24
All certi
ficates of insurance and endorsements are to be received and approved b y 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 insura nce 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 S elf-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, of ficers, employees, agents , and volunteers; or (2) Contractor sh all procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance mus t include evidence of the amo unt of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severabili ty of I nterests (Separation o f Insureds) . This i nsurance applies separately to each in sured agai nst whom claim is made or suit is broug ht except with respect to the limits of the insurer’s liability.
Item 1H - 25
ATTACHMENT B
PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1H - 26
Branding and Website Development Proposal | Prepared for Palm Springs International Airport SECTION E (continued)
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principal Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Membe rs, Managers, Tru stees, Other F iduciaries (please specify) Note: If any response is not a natural person, please identify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other ___________________________
_______________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
________________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
Aviatrix Communications, LLC
11162 Caminito Vista Pacifica, San Diego CA 92131
California
X
Kathryn Franco Jones
X Owner
Item 1H - 27
I
Branding and Website Development Proposal | Prepared for Palm Springs International Airport SECTION E (continued)
7. O wners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [ percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest i n entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STA TE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date Kathryn Franco Jones 100%
April 8, 2022
Item 1H - 28
r ~YJ~rn!~ t?..t.~l"""r
========== --==
I
CITY COUNCIL STAFF REPORT
05/26/2022 1. I.
City Clerk -
SUBJECT
APPROVAL OF SUPPLEMENT NO. 1 TO THE MEMORANDUM OF
UNDERSTANDING FOR THE COACHELLA VALLEY SALT AND NUTRIENT
MANAGEMENT PLAN
RECOMMENDATION:
Approve Supplement No. 1 to the Memorandum of Understanding to implement the Coachella Valley Salt and Nutrient Management Plan Workplan.
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 1I
CITY COUNCIL STAFF REPORT
DATE: May 26, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF SUPPLEMENT NO. 1 TO THE MEMORANDUM OF
UNDERSTANDING FOR THE COACHELLA VALLEY SALT AND
NUTRIENT MANGEMENT PLAN
FROM: Justin Clifton, City Manager
BY: Engineering Division
SUMMARY:
The City of Palm Springs entered into a Memorandum of Understanding (“MOU”) with seven (7) other water and wastewater agencies to develop a Coachella Valley Salt and Nutrient Management Plan (“CV-SNMP”) workplan. Approval of Supplement No. 1 to the MOU memorializes the terms, implementation, and cost sharing between the participating agencies to execute the workplan, anticipating the delivery of the CV -SNMP in October 2026. The City’s share of the cost will be approximately $16 6,000, spread over the four and a half (4½) year plan period.
RECOMMENDATION:
1. Approve Supplement No. 1 to the Memorandum of Understanding to implement the Coachella Valley Salt and Nutrient Management Plan Workplan; and,
2. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
On November 12, 2020, the City of Palm Springs approved an MOU, collaborating with seven (7) other water and wastewater agencies to come up with a workplan to develop a new Coachella Valley Salt and Nutrient Management Plan (“CV -SNMP”). The participating agencies, (“SNMP Agencies”) include:
• City of Palm Springs
• Coachella Valley Water District (“CVWD”)
• Coachella Water Authority and Sanitary District (“CWA/CSD”) • Desert Water Agency (“DWA”)
• Indio Water Authority (“IWA”)
Item 1I - 1
City Council Staff Report
May 26, 2022 -- Page 2
Salt and Nutrient Management Plan – Supplement No. 1 to MOU
• Mission Springs Water District (“MSWD”)
• Myoma Dunes Mutual Water Company (“MDMWC”)
• Valley Sanitation District (“VSD”)
The SNMP Agencies hired a consultant to prepare and submit a workplan to the Regional Water Quality Control Board for the Colorado River (Regional Board) to manage salts and nutrients found in Coachella Valley groundwater, to ensure attainment of water quality objectives, and to protect groundwater for beneficial uses.
On September 2, 2021, the SNMP Agencies completed a workplan to develop a new CV- SNMP over the next five years and formally submitted it to the Regional Board for review.
On October 4, 2021, the Regional Board approved the workplan for the SNMP Agencies.
On January 12, 2022, the CVWD , as lead agency , released a Request for Proposals (“RFP”) for a consultant to help the SNMP Agencies implement the workplan, with a goal of preparing the final CV-SNMP to the Regional Board in October 2026.
On February 25, 2022, the CVWD received two proposals in response to the RFP. One was from West Yost and the other from Woodard and Curran. The proposals were scored by each SNMP Agency and tabulated. Because the scores were so close, both teams were invited for an interview by the SNMP Agencies.
On April 11, 2022, the written proposals and interview scores were combined, and West Yost was selected as the best firm to assist the SNMP Agencies implement the workplan.
STAFF ANALYSIS:
The purpose of the MOU with the SNMP Agencies is to collaborate on the development of a Coachella Valley Salt and Nutrient Management Plan for the Coachella Valley.
The SNMP Agencies came up with a five-year workplan to collect the required data from groundwater samples, build new groundwater monitoring wells , do the necessary stakeholder outreach of beneficial users, and compile an annual report to the Regional Board with the data from all SNMP Agencies.
Approval of this first supplement to the MOU memorializes the terms, development, implementation, and cost sharing with the participating agencies to hire a consultant to coordinate between the eight agencies and implement the workplan. A copy of Supplement No. 1 to the MOU is included as Attachment A.
Following a detailed public process led by CVWD and involving multiple agencies, W est Yost was selected as the firm best qualified to provide the requested scope of services.
CVWD, as the lead agency, will oversee the contract and the other SNMP Agencies will pay their share to CVWD.
Item 1I - 2
City Council Staff Report
May 26, 2022 -- Page 3
Salt and Nutrient Management Plan – Supplement No. 1 to MOU
The total costs for services are $2,811,927, which will be spread out over the term of the contract (May 2022 to November 2026) and split by the SNMP Agencies through a negotiated formula.
The City’s share of the cost will be approximately $166,000, which includes the costs of City staff time in assisting the consultant with the plan preparation, which will be spread over 4½ years (54 months). A detailed breakdown i s included as Attachment B. The funding is available from the Wastewater Fund Balance (Fund 420).
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 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. 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.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Priority “Environmental Stewardship”, specifically 2C, Develop Internal Policies/Practices, Integrate Sustainability with other departments/ initiatives.
FISCAL IMPACT:
Appropriate $166,000 from the Wastewater Fund Balance (Fund 420) as follows:
Cost Share +Staff Time = Total
FY22 $5,555.20 $444.80 $6,000
FY23 $33,331.20 $1,668.80 $35,000
FY24 $33,331.20 $1,668.80 $35,000
FY25 $33,331.20 $1,668.80 $35,000
FY26 $33,331.20 $1,668.80 $35,000
FY27 $19,443.18 $556.82 $20,000
Total $158,323.18 $7,676.82 $166,000
Item 1I - 3
City Council Staff Report
May 26, 2022 -- Page 4
Salt and Nutrient Management Plan – Supplement No. 1 to MOU
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Supplement No. 1 to the Memorandum of Understanding
B. Cost Share Formula
Item 1I - 4
Attachment A
Item 1I - 5
1 FIRST SUPPLEMENT TO
MEMORANDUM OF UNDERSTANDING
REGARDING COLLABORATION ON THE
COACHELLA VALLEY SALT AND NUTRIENT MANAGEMENT PLAN
This FIRST SUPPLEMENT is entered into among the Parties identified herein which are the Parties to that certain Memorandum Of Understanding Regarding Collaboration On The Coachella Valley Salt And Nutrient Management Plan (“MOU”) dated as of November 5, 2020. The purpose of the MOU is to collaborate on development of a Coachella Valley Salt and Nutrient Management Plan Development Workplan (“Development Workplan”) and a Groundwater Monitoring Program Workplan, and on subsequent work that may arise from the Development Workplan and Groundwater Monitoring Program Workplan. The purpose of this FIRST SUPPLEMENT is to provide for implementation of the completed Development Workplan. Unless otherwise stated herein, all capitalized terms in this FIRST SUPPLEMENT shall have the same definition as said terms are defined in the MOU. The Parties to this FIRST SUPPLEMENT shall be collectively referred to herein as “Parties” and individually as “Party.”
PARTIES
1. City of Palm Springs, a charter city that owns its wastewater treatment plant and manages municipal wastewater within its service area.
2. Coachella Valley Water District (“CVWD”), a county water district organized under the California County Water District Law, codified at Sections 30000, et seq., of the California Water Code and the Coachella Valley Water District Merger Law, Water Code section 33100, et seq.
3. City of Coachella, a general-law City that provides water service through the Coachella Water Authority (“CWA”), a joint powers authority formed as a component of the City of Coachella and the Housing Authority of the City of Coachella, and manages municipal wastewater in its service area through its subsidiary Coachella Sanitary District (“CSD”).
4. Desert Water Agency (“DWA”), an independent special district organized under the Desert Water Agency Law, codified at Sections 100-1, et seq., of the Appendix to the California Water Code.
5. Indio Water Authority (“IWA”), a joint powers authority formed as a component of the City of Indio and Housing Authority of the City of Indio.
6. Mission Springs Water District (“MSWD”), a county water district organized under the California County Water District Law, codified at Sections 30000, et seq., of the California Water Code.
7. Myoma Dunes Mutual Water Company (“MDMWC”), a mutual water utility system organized under California Corporations Code Sections 14300, regulated under the U.S. EPA Safe Drinking Water Act, and by California’s Water Code, Health and Safety Code.
Item 1I - 6
2 8. Valley Sanitary District (“VSD”), a California special district, which operates under the authority of the Health and Safety Code, Sanitary District Act of 1923, Sections 6400 et seq.
RECITALS
WHEREAS, the Parties recognize the importance of basin-wide management of salts and nutrients in groundwater; and
WHEREAS, the Parties wish to supplement the MOU for the purpose of retaining consultants to assist in the implementation of the Development Workplan approved by the Colorado River Basin Regional Water Quality Control Board on October 4, 2021; and
WHEREAS, the Parties selected WEST YOST ASSOCIATES, INC. (“WEST YOST”) to assist with the implementation of the Workplan through a competitive process; NOW, THEREFORE, it is mutually understood and agreed as follows:
RETENTION OF CONSULTANT
1. WEST YOST submitted the scope of work and fee schedule included as Exhibit 1 to this FIRST SUPPLEMENT for the implementation of the Workplan, hereafter referred to as the “Project.”
2. The Parties agree to have CVWD retain WEST YOST on behalf of the Parties, and under the MOU, to complete the Project for an amount not to exceed $2,811,927, inclusive of a 10% contingency. Said price shall not be exceeded without prior authorization of all Parties.
3. Each Party shall be provided the opportunity to attend all Project meetings.
4. Each Party shall be provided the opportunity to review and provide comments on all Project deliverables.
COST-SHARE
5. The Parties agree to share the cost to implement the Development Workplan in accordance with the cost-share schedule included below.
Cost-Share Schedule
Party Amount Percentage
City of Palm Springs $158,323.18 5.6%
CVWD $1,278,494.82 45.5%
City of Coachella $208,541.98 7.4%
DWA $513,689.45 18.3%
IWA $219,939.16 7.8%
MSWD $219,593.31 7.8%
Item 1I - 7
3 MDMWC $83,655.07 3.0%
VSD $129,690.03 4.6%
6. It is the stated goal of the Parties to pursue grant funding opportunities to off-set the cost of the Project. Grant funding secured by the Parties, collaboratively or individually, for the Project will be applied to the cost-share amount of all Parties in accordance with the percentages in the cost-share schedule.
7. It is the stated goal of the Parties to expand participation in this collaboration to any and all interested local salt contributing stakeholders. Any funding provided for the Project by future collaborators shall result in an adjustment to the cost-share amount of all Parties in accordance with the percentages in the cost-share schedule.
INVOICING AND PAYMENT
8. CVWD shall enter into a contract with WEST YOST and pay submitted invoices per the terms of the contract.
9. CVWD shall invoice each Party for reimbursement of its cost-share percentage of paid invoices on a quarterly basis.
10. Each Party shall pay the invoice submitted by CVWD within 30 days of receipt of the invoice.
OTHER PROVISIONS
11. All terms of the MOU remain unchanged, except, as supplemented herein.
12. The term of this FIRST SUPPLEMENT shall be from the date on which all Parties sign this FIRST SUPPLEMENT (“Effective Date”) to the date of completion of the Project.
13. Any Party terminating participation in the MOU, and by extension this FIRST SUPPLEMENT, shall be responsible for its share of the Project costs, as set forth in the MOU and this FIRST SUPPLEMENT, which are incurred on or before the effective date of said termination.
14. During the term of this FIRST SUPPLEMENT, the Parties shall ensure that Confidential Information shall not be disclosed to any person or entity. Each Party agrees to protect the confidentiality of the Confidential Information of the other in the same manner that it protects the confidentiality of its own confidential information but in no event shall either Party exercise less than reasonable care in protecting such Confidential Information. Any and all requests for information related to the Project shall be shared with the other Parties so that they may identify Confidential Information. If any Party receives a subpoena or other validly issued administrative or judicial process requesting Confidential Information of one or more of the other Parties, it shall provide prompt notice to the other of such receipt. The Party receiving the subpoena shall thereafter be entitled to comply with such subpoena or legal process to that extent permitted by law. The Parties’ obligations under this provision shall be binding and shall survive the expiration or termination of this FIRST SUPPLEMENT.
Item 1I - 8
4 15. This FIRST SUPPLEMENT may be executed in any number of counterparts, each of which shall be deemed original, but all of which, when taken together, shall constitute one and the same instrument.
Item 1I - 9
5 IN WITNESS WHEREOF, the Parties have executed this FIRST SUPPLEMENT as of the date indicated below.
Justin Clifton
City of Palm Springs
Date
J. M. Barrett
Coachella Valley Water District
Date
Gabriel Martin
City of Coachella
Date
Mark S. Krause
Desert Water Agency
Date
Bryan H. Montgomery
Indio Water Authority
Date
Arden Wallum
Mission Springs Water District
Date
Michele Donze
Myoma Dunes Mutual Water Company
Date
Beverli A. Marshall
Valley Sanitary District
Date
Item 1I - 10
Attachment B
Item 1I - 11
1 City of Palm Springs
Development Services Department - Engineering
3200 East Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov
On January 12, 2022, the Coachella Valley Water District (CVWD) as the lead agency for the participating agencies put out an RFP for consultants to do the work as outlined in the approved workplan.
On February 25, 2022, t hey received 2 proposals, which were scored by the agencies. The scores were close, so both proposal teams were asked to do an interview.
On April 11, 2022, the agencies selected West Yost as t he consultant to implement the CV -SNMP Workplan. Their services will cost $2,811,927, which will be spread out over the term of their contract (May 2022 to November 2026) and split by the participating agencies by the formula as detailed below.
The parties agreed to split costs as follows:
1. 2 2.5% of total cost based split equally for overhead
2. 2 2.5% of total cost based on number of connections
3. 25% of total cost based on Sustainable Groundwater Management Act (SGMA)
4. 20% of total cost based on imported water use
5. 1 0% of total cost based on recycled water use
100%
1. 2 2.5% of cost to be spilt equally: $79,085.45 per agency for overhead.
2. 2 2.55% of cost to be split by the # of connections
Agency
# Water
Connections
# Sewer
Connection
Total #
Connection % Connections Amount
MSWD 12,967 9,400 22,367 6.3% $40,081.89
DWA 23,000 - 23,000 6.5% $41,216.24
CoPS - 29,747 29,747 8.4% $53,306.93
CVWD 110,899 97,496 208,395 59.0% $373,445.99
MDMWC 2,550 - 2,550 0.7% $4,569.63
IWA 22,560 - 22,560 6.4% $40,427.75
VSD - 28,239 28,239 8.0% $50,604.58
CWA/CSD 8,100 8,100 16,200 4.6% $29,030.57
Total 180,076 172,982 353,058 100.0% $632,683.58
Item 1I - 12
2 3. 25% of cost is to be split amongst the sustainable groundwater agencies under SGMA Alternative Plan, with DWA and CVWD share doubled because they are in 2 basins. (Not applicable to Palm Springs)
Agency Amount
MSWD $100,425.96
DWA $200,851.93
CoPS -
CVWD $200,851.93
MDMWC -
IWA $100,425.96
VSD -
CWA/CSD $100,425.96
Total $720,981.74
4. 20% of cost to be split amongst the agencies that import water , DWA 25%, CVWD 75%. (Not applicable to Palm Springs)
Agency Amount
MSWD -
DWA $140,596.35
CoPS -
CVWD $421,789.05
MDMWC -
IWA -
VSD -
CWA/CSD -
Total $562,385.40
5. 10% of cost to be split amongst Recycled Water Use by acre- feet. The City of Palm Springs and Desert Water Agency (DWA) have partnered through a recycled water agreement since 1977. Currently up to two- thirds of the City’s wastewater effluent is sent to DWA for tertiary treatment, which is then turned into recycled water for use at Demuth Park, golf, and landscaped medians in the service area. Therefore DWA share of costs with respect to recycled water is being split accordingly.
Agency
Recycled
Water (AF) %
DWA/
CoPS Split Amount
MSWD - -
DWA 3,877 27.7% 66.7% $51,939.49
CoPS - 33.3% $25,930.80
CVWD 10,123 72.3% $203,322.41
MDMWC - -
IWA - -
VSD - -
CWA/CSD - -
Total 14,000 $281,192.70
Item 1I - 13
3 A summary of the total costs for each agency is as follows:
The City of Palm Springs cost share will be $158,323.18 (approximately $35,000 per fiscal year with staff time)
Recommend allocations from the Wastewater Fund are as follows:
CV-SNMP City
Cost Share+ Staff Time = Total
FY22 $5,555.20 $444.80 $6,000
FY23 $33,331.20 $1,668.80 $35,000
FY24 $33,331.20 $1,668.80 $35,000
FY25 $33,331.20 $1,668.80 $35,000
FY26 $33,331.20 $1,668.80 $35,000
FY27 $19,443.18 $556.82 $20,000
Total $158,323.18 $7,676.82 $166,000
Item 1I - 14
Acency FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Total % Total MSWD $ 7,705.03 $ 46,230.17 $ 46,230.17 $ 46,230.17 $ 46,230 .17 $ 26,967.6 0 $ 219, 593 .31 7.8% DWA $ 18,024 .19 $ 108,145. 15 $ 108,145 .15 $ 108,145.15 $ 108,145.15 $ 63,084.67 $ 513,689.45 18.3% CoPS $ 5,555.20 $ 33,331.20 $ 33,331.20 $ 33 ,331.20 $ 33 ,331.20 $ 19 ,443 .20 $ 158 ,323 .18 5.6% CVW D $ 44,859.47 $ 269,156.80 $ 269,156.80 $ 269,156.80 $ 269,156 .80 $ 157,008.14 $ 1,278,494.82 45.5 % MDMWC $ 2,935.27 $ 17,611 .59 $ 17,611 .59 $ 17,611.59 $ 17,611.59 $ 10,273.43 $ 83,655 .07 3.0% IWA $ 7,7 17.16 $ 46,302 .98 $ 46,302.98 $ 46,302.98 $ 46,3 02.98 $ 27,010.07 $ 219,939 .16 7.8% VSD $ 4,550 .53 $ 27,303.16 $ 27,303.16 $ 27,303.16 $ 27,3 03.16 $ 15,926 .85 $ 129,690.03 4.6% CWA/CSD $ 7,317 .26 $ 43,903.5 7 $ 43,903.5 7 $ 43,903.57 $ 43,9 03.57 $ 25,610.42 $ 208,541.98 7.4% To t a l $ 98,664 .11 $ 591 ,984 .63 $ 591,984 .63 $ 591 ,984 .63 $ 591,984.63 $ 345,324 .37 $ 2,811 ,927 .00 100. 0% Mon t hs 2 12 12 12 12 7 57
CITY COUNCIL STAFF REPORT
05/26/2022 1. J.
City Clerk -
SUBJECT
APPROVAL OF ALL-WAY STOP INTERSECTIONS AT TWO LOCATIONS WITHIN
THE CITY OF PALM SPRINGS
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO ESTABLISH AN ALL-WAY STOP CONTROLLED INTERSECTION AT EAST MESQUITE AVENUE & SOUTH CERRITOS DRIVE AND EL CIELO ROAD & EAST SONORA ROAD, IN ACCORDANCE WITH SECTION 12.16.030 OF THE PALM SPRINGS MUNICIPAL CODE.”
Attachments
Item 1J
CITY COUNCIL STAFF REPORT
DATE: May 26, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF ALL-WAY STOP INTERSECTIONS AT TWO LOCATIONS
WITHIN THE CITY OF PALM SPRINGS
FROM: Justin Clifton, City Manager
BY: Engineering Division
SUMMARY:
Approval of this item will allow for the installation of an all-way stop at two intersections in the City as described below. The installation of these all -way stop intersections is based on a field review performed by the Engineering Division and at the recommendation of the City Engineer in accordance with Section 12.16.030 of the Palm Springs Muni cipal Code (PSMC).
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO
ESTABLISH AN ALL -WAY STOP CONTROLLED INTERSECTION AT EAST
MESQUITE AVENUE & SOUTH CERRITOS DRIVE AND EL CIELO ROAD & EAST SONORA ROAD, IN ACCORDANCE WITH SECTION 12.16.030 OF THE PALM SPRINGS MUNICIPAL CODE.”
BACKGROUND:
The Engineering Division has received requests from concerned motorists and residents for the addition of stop signs at select intersections within the Sonora Sunrise Neighborhood and the Los Compadres Neighborhood. The locations were also identified in the Pedestrian & Safe Routes to Schools Master Plan recommended project s list for enhanced pedestrian safety via cross walks.
STAFF ANALYSIS:
The California Manual on Uniform Traffic Control Devices (MUTCD) 2014 Edition, 3 rd
Revision (March 9, 2018), Section 2B, identifies several factors to consider when installing stop signs, which include data collection through traffic studies. The MUTCD also states that the installation of these devices rests on engineering judgment to establish intersection control.
Item 1J - 1
City Council Staff Report
May 26, 2022 -- Page 2
All Way Stop Intersections
Section 12.16.030 of the PSMC authorizes the City Engineer to place and maintain additional traffic control devices deemed necessary to regulate traffic or to guide or warn traffic on the basis of traffic engineering principles and traffic investigations. A resolution (Attachment A) is recommended for City Council adoption authorizing the City Engineer to install traffic control devices at the following intersections:
• East Mesquite Avenue and South Cerritos Drive
• El Cielo Road and East Sonora Road
Based on the guidelines set in the MUTCD, PSMC, and in an effort to improve the overall safety of these intersections, all-way stop control is recommended by the City Engineer.
Sonora Sunrise Neighborhood – East Mesquite Avenue and South Cerritos Drive East Mesquite Avenue is classified as a four-lane, secondary thoroughfare with a posted speed limit of 40 mph. The street was narrowed via the addition of parking lanes and bike lanes in 2017. South Cerritos Drive is classified as a two-lane, undivided collector with a posted speed limit of 25 mph , which comes to a T- intersection at Mesquite Avenue.
Residential properties surround this intersection, and it is a heavily used crossing location by pedestrians. Based on a traffic engineering review and the recent Safe Routes to Schools Project Report, the City Engineer recommend s installation of a multi-way stop controlled intersection, with crosswalks along each side, to enhance pedestrian safety.
Also, a part of this recommendation is to upgrade the northwest corner ramp to current ADA standards and to install solar powered LED stop signs for eastbound and westbound traffic only. See Figure 1 below for the proposed improvements, including updating the northwest corner ramp to current ADA standards and painted crosswalks.
Item 1J - 2
City Council Staff Report
May 26, 2022 -- Page 3
All Way Stop Intersections
Los Compadres Neighborhood – El Cielo Road and East Sonora Road El Cielo Road is classified as a four -lane, secondary thoroughfare with a posted speed limit of 45 mph. The street was narrowed via the addition of parking lanes and bike lanes in 2016. East Sonora Road is classified as a two-lane, undivided collector with a posted speed limit of 25 mph. Residential properties surround this intersection, and it is a heavily used crossing location by pedestrians. Additionally, there is a golf course and church less than 1,000 feet away. Based on a traffic engineering review and the recent Safe Routes to Schools Project Report, the City Engineer recommends installation of a multi-way stop controlled intersection with a four-leg crosswalk to enhance pedestrian safety. It is recommended to install solar powered LED stop signs for northbound and southbound traffic only. See Figure 2 below for the proposed improvements, including solar powered LED stop signs for northbound and southbound traffic and painted crosswalks.
ENVIRONMENTAL ASSESSMENT
:
In accordance with Section 15301 “Existing Facilities,” Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. Therefore, the installation of the proposed all-way stop intersections is considered categorically exempt from CEQA.
Item 1J - 3
City Council Staff Report
May 26, 2022 -- Page 4
All Way Stop Intersections
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Priority “ Community Infrastructure”, specifically 3B, 5- Year Capital Improvement Plan, expand walking/biking infrastructure.
FISCAL IMPACT:
The anticipated costs to upgrade the subject intersections are $25,000. There are sufficient funds in the Special Gas Tax account to fund these improvements.
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Not signed because of conflict of interest due to residing within 500 feet of the proposed project.
ATTACHMENTS:
A. Resolution
Item 1J - 4
Attachment A
Item 1J - 5
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY
ENGINEER TO ESTABLISH AN ALL -WAY STOP
CONTROLLED INTERSECTION AT EAST MESQUITE
AVENUE & SOUTH CERRITOS DRIVE AND EL CIELO
ROAD & EAST SONORA ROAD, IN ACCORDANCE WITH
SECTION 12.16.030 OF THE PALM SPRINGS MUNICIPAL
CODE
WHEREAS, Title 12 “Vehicles and Traffic” of the Palm Springs Municipal Code (“PSMC”) establishes procedures for the administration, implementation, enforcement, evaluation, and maintenance of traffic regulations within the City consistent with the California Vehicle Code; and
WHEREAS, Section 12.08.060 of the PSMC established the office of the City Traffic Engineer, and designated the City Engineer, to serve in addition to such other functions, with authority to exercise the powers and duties with respect to traffic as provided for in Title 12; and
WHEREAS, Section 12.08.070 of the PSMC requires that the City Traffic Engineer determine the installation and proper timing and maintenance of traffic control devices and signals, to conduct engineering analyses of traffic accidents, and to devise remedial measures; to conduct engineering and traffic investigations of traffic conditions and to cooperate with other city officials in the development of ways and means to improve traffic conditions; and
WHEREAS, Section 12.16.010 of the PSMC authorizes the City Traffic Engineer to place and main tain or cause to be placed and maintained official traffic control devices when and as required under the traffic ordinances of this city to make effective the provisions of said ordinances; and
WHEREAS, Section 12.16.030 of the PSMC authorizes the City Traffic Engineer to place and maintain or cause to be placed and maintained such additional traffic control devices as he may deem necessary to regulate traffic or to guide or warn traffic, but he shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations and rules as may be set forth in the traffic ordinances of this city or as may be determined by ordinance or resolution of the legislative body of this city; and
WHEREAS, based on traffic engineering principles, the City Traffic Engineer has evaluated the intersections of
East Mesquite Avenue & South Cerritos Drive and El
Cielo Road & East Sonora Road; and
Item 1J - 6
Resolution No. ____
WHEREAS, on the basis of the City Traffic Engineer’s investigations, in accordance with sound traffic engineering principles, the City Traffic Engineer has recommended that the intersections of
East Mesquite Avenue & South Cerritos Drive and El Cielo Road & East Sonora Road be established as all-way stop controlled intersections.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The true and correct recitals above are incorporated by this reference herein as the basis and foundation for the City’s adoption of this Resolution.
Section 2. In accordance with Section 12.16.010 and 12.16.030 of the Palm Springs Municipal Code, the City Engineer is hereby authorized to establish all- way stop controlled intersections at the following locations:
1) East Mesquite Avenue and South Cerritos Drive
2) El Cielo Road and East Sonora Road
Section 3. The Cit y Engineer shall install and maintain appropriate traffic control devices as necessary to implement this Resolution.
ADOPTED THIS 26th day of May, 2022.
JUSTIN CLIFTON, CITY MANAGER
ATTEST:
MONIQUE LOMELI, CMC, INTERIM CITY CLERK
Item 1J - 7
Resolution No. ____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Monique Lomeli, CMC , 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 May 26, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Monique Lomeli, CMC, Interim, City Clerk
City of Palm Springs, California
Item 1J - 8
CITY COUNCIL STAFF REPORT
05/26/2022 1. K.
City Clerk -
SUBJECT
ADOPT A RESOLUTION IDENTIFYING THE PROJECTS TO BE FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, FOR FISCAL YEAR 2022-23
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.”
Attachments
Item 1K
CITY COUNCIL STAFF REPORT
DATE: May 26, 2022 CONSENT CALENDAR
SUBJECT: ADOPT A RESOLUTION IDENTIFYING THE PROJECTS TO BE FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, FOR FISCAL YEAR 2022-23
FROM: Justin Clifton, City Manager
BY: Engineering Division
SUMMARY:
Senate Bill 1 (SB 1) identified as “The Road Repair and Accountability Act of 2017,” will increase local street and road funds allocated through the Highway Users Tax Account, allocating funds from new taxes through the new Road Maintenance and Rehabilitation Account (RMRA). In accordance with the state’s guidelines, a new and separate revenue stream through increased Gas Tax will be provided to the City, upon approval by the California Transportation Commission (CTC) of a project listing identifying the City’s use of the new Gas Tax (RMRA) revenue. All proposed projects must be included in the City budget that is adopted by the City Council. Staff has updated the Capital Improvement Program to include SB1-RMRA funds to be budgeted for the Highway Safety Improvement Program (HSIP) Cycle 8 Traffic Signal Improvements, City Project 16-18.
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022 -23 FUNDED BY SENATE BILL 1 (SB 1) , THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.”
BACKGROUND:
On April 28, 2017, the Governor signed Senate Bill 1 (SB 1) (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system, SB 1 increases the per-gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years.
Beginning November 1, 2017, the State Controller deposited various portions of this new Item 1K - 1
City Council Staff Report
May 26, 2022 -- Page 2
Adopt a Resolution Identifying Project(s) for SB1 RMRA Funds
funding into the newly created Road Maintenance and Rehabilitation Account (R MRA).
A percentage of this new RMRA funding is apportioned by formula to eligible cities and counties pursuant to the Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.
It is important to note that all new revenues received through the increased Gas Tax must be dedicated to capital improvement projects and cannot be used for personnel or other administrative costs.
STAFF ANALYSIS:
Cities and counties receiving RMRA funds must comply with all relevant federal and state laws, regulations, policies, and procedures. T he main requirements for the program are codified in SHC Sections 2034, 2036, 2037, and 2038; several of the key requirements are listed below:
• Submit to the California Transportation Commission (CTC) a list of projects proposed to be funded with these funds. All projects proposed to receive funding must be included in a city or county budget that is adopted by the applicable city council or county board of supervisors at a regular public meeting [SHC 2034(a)(1)].
• The list of projects must include the description and location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement [SHC 2034(a)(1)].
• For each fiscal year in which RMRA funds are received and expended, cities and counties must submit documentation to the Commission that includes the description and location of each completed project, the amount of funds expended on the project, the completion date, and the estimated useful life of the improvement [SHC 2034(b)].
Staff recommends adopting this resolution, Attachment A, identifying City Project 16-18, the HSIP Cycle 8 Traffic Signal Improvements as an eligible project to receive RMRA funding by Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, for Fiscal Year 2022-2023. The project will involve the modification of 14 Traffic Signals city -wide to u pgrade to newer technology and to convert Protective- Permissive signals to fully protected signals. The project is not only intended to enhance traffic safety but will also improve safety for bicyclists and pedestrians. A map showing the location of the tr affic signals is included as Attachment B to this staff report.
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 whole of an action, which has a potential for resulting in either a direct physical change in Item 1K - 2
City Council Staff Report
May 26, 2022 -- Page 3
Adopt a Resolution Identifying Project(s) for SB1 RMRA Funds
the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to amend the Fiscal Year 202 2-2023 budget, 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.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the City Council Priority “Community Infrastructure”, specifically expand walking/biking infrastructure. The project will improve the safety of pedestrian and bicyclist at 14 intersections.
FISCAL IMPACT:
Following City Council approval, the Capital Improvement Budget will be updated, reflecting this projected revenue for RMRA Gas Tax Funds of $1,088,000 for Fiscal Year 2022-2023, allowing the City to provide the CTC with the projects to be funded by Senate Bill 1 (SB 1).
The FY 22-23 revenue of $1,088,000 will be used to partially fund HSIP Cycle 8 Traffic Signal Improvements, City Project 16-18.
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Resolution
B. Location Map – Traffic Signal Improvement Location Map Item 1K - 3
ATTACHMENT A
Item 1K - 4
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 20 22-23 FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi -modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $1,088,000 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the fifth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not hav e otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; and
WHEREAS, the City reviews safety concerns and uses a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high- priority and cost -effective projects that also meet the communities priorities for transportation investment and safety; and
WHEREAS, the funding from S B 1 will help the City maintain and rehabilitate streets, roads, bridges, improve s afety, add traffic control devices , and add active transportation infrastructure throughout the City this year and hundreds of similar projects into the future; and
WHEREAS, the 201 8 California Statewide Local Streets and Roads Needs Assessment found that the City's streets and roads are in a "good" condition and this Item 1K - 5
Resolution No. _____
revenue will help us increase the overall quality of our road system and over the next decade will maintain our streets and roads in a "good" condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutt ing-edge technology, materials and practices, will have significant positive co-benefits statewide; and
NOW, THEREFORE THE CITY COUNCIL DETERMINES, RESOLVES AND APPROVES AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are i ncorporated herein by this reference.
SECTION 2. The Fiscal Year 2022-23 list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues include:
Project Name: HSIP Cycle 8 Traffic Signal Improvements Description: Modification of 14 Traffic Signals City wide to upgrade to newer technology and to conv ert Protective-Permissive
signals to fully protected signals
Estimated Useful Life: 2 0 Years
Est. Construction Year: 2022-23
ADOPTED THIS 26th DAY OF May 2022.
JUSTIN CLIFTON, CITY MANAGER
ATTEST:
_____
MONIQUE M. LOMELI, INTERIM, CITY CLERK
Item 1K - 6
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, MONIQUE M. LOME LI, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. _____ is a full, true and correct copy as was duly adopted at a regular meeting of the City Council of the City of Palm Springs on Ma y 26, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____
M ONIQUE M. LOMELI, INTERIM CITY CLERK
City of Palm Springs, California
Item 1K - 7
ATTACHMENT B
Item 1K - 8
CITY PROJECT NO. 16-18
HIGHWAY SAFETY IMPROVEMENT PROGRAM
CYCLE 8 TRAFFIC SIGNAL IMPROVEMENTS
Location Map
Flashing Beacon
and Delineation
Item 1K - 9
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I
CITY COUNCIL STAFF REPORT
05/26/2022 1. L.
City Clerk -
SUBJECT
RESOLUTION ACCEPTING THE FIRE DEPARTMENT’S REPORT ON
COMPLIANCE WITH STATE INSPECTION MANDATES PURSUANT TO SB 1205 RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING THE FIRE
DEPARTMENT’S REPORT ON COMPLIANCE WITH STATE INSPECTION MANDATES.
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 1L
CITY COUNCIL STAFF REPORT
DATE: March 26, 2022 CONSENT CALENDAR
SUBJECT: RESOLUTION ACCEPTING THE FIRE DEPARTMENT ’S REPORT ON
COMPLIANCE WITH STATE INSPECTION MANDATES PURSUANT TO
SB 1205
FROM: Justin Clifton, City Manager
BY: Palm Springs Fire Department, Community Risk Reduction
SUMMARY:
Staff recommends City Council adopt a resolution accepting the Fire Department’s report on compliance with state inspection mandate s and acknowledging receipt of the annual report regarding the inspection of certain occupancies, i ncluding R-1: hotels, motels, lodging houses; R-2: apartments; R-2.1: residential care facilities; E: schools; I: jails; and High Fire Hazard Severity Zones pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.
RECOMMENDATION:
1. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING THE FIRE
DEPARTMENT’S REPORT ON COMPLIANCE WITH STATE INSPECTION MANDATES.”
2. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
The California Health and Safety Code requires fire departments within the State of California to annually inspect buildings, public or private, that are utilized as a school, hotel, motel, lodging house, apartment house, certain residential care facilities , jails and properties located in the State designated High Fire Severity Zones (HFSZ) within their jurisdiction.
Inspectors look for compliance with building standards and other regulations created by the State Fire Marshal. The inspections focus on public safety and preventing fires.
Pursuant to Senate Bill 1205 (SB 1205), the California Health and Safety Code Section Item 1L - 1
City Council Staff Report
March 26, 2022 -- Page 2
Compliance with State Inspection Mandates
13146.4 was added in 2018, and became effective on September 27, 2018, to read:
a) Every city or county fire department, or district, required to perform annual inspections pursuant to Sections 13146.2 and 13146.3, shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3.
b) The report, made pursuant to subdivision (a), shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.
c) The administering authority shall acknowledge receipt of the report, made pursuant to subdivision (a), in a resolution or a similar formal document.
d) For purposes of this section, "administering authority” means a city council, county board of supervisors, or district board.
STAFF ANALYSIS:
The Fire Department’s Community Risk Reduction Division (Division) is responsible for fire and life safety community programs throughout the City of Palm Springs. One of these programs is the California State Fire Marshal mandated annual inspection program. The annual inspection program requirement is conducted and completed by Division inspectors throughout the year.
The pandemic brought many challenges to the Division in its abil ity to perform o ne hundred percent of the State mandated inspections . The Division completed sixty -five percent of the State mandated inspections in calendar year 2021 (Table 1). Some property owners, HOA boards and Assisted Living facility managers were reluctant to allow inspectors on R -1, R-2 and R-2.1 properties due to the pandemic , prohibiting the inspection of seventy-one of the seven hundred twenty-two properties. Only sixty-seven percent of the local schools were comfortable allowing the inspectors to perform the annual E inspections. Obtaining property owner information was a long process which had to occur prior to the first year of the State mandated HFSZ Inspection Program. For this reason, only twenty -six of the seven hundred seventy HFSZ inspections were completed.
TABLE 1
Occupancy Total
Inspected 2021
Total
Properties Success Rate
R-1 115 132 87%
R-2 536 585 91%
R-2.1 5 12 42%
E 10 15 67%
I (Jail) 1 1 100%
HFSZ 26 770 4%
Total 693 1515 65%
Item 1L - 2
City Council Staff Report
March 26, 2022 -- Page 3
Compliance with State Inspection Mandates
Many of the challenges faced in 2021 will not be present in 2022. The Division has a goal of completing one hundred percent of the State mandated inspections in calendar year 2022.
As required by SB 105, Section 13146.4, the Division, under the direction of the Fire Chief, is to annually report to the City Council its compliance with the annual inspection requirements of the California Health and Safety Code. The Bill also requires t he City Council to acknowledge receipt of the compliance report in a resolution (Attachment A).
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Sec tion 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.
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.
ALIGNMENT WITH STRATEGIC PLANNING:
This action generally supports the City Council identified priorities of Quality of Life and Good Governance.
FISCAL IMPACT:
None.
REVIEWED BY:
Department Director: J. Kevin Nalder
City Attorney: Jeffrey S. Ballinger
City Manager: Justin Clifton
ATTACHMENT:
A. Resolution Accepting the Fire Department Report on Compliance with State Inspection Mandates
Item 1L - 3
AT
TACHMENT A
Item 1L - 4
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ACCEPTING THE FIRE
DEPARTMENT’S REPORT ON COMPLIANCE WITH STATE
INSPECTION MANDATES
WHEREAS, the California Health and Safety Code requires fire departments within the state of California to annually inspect buildings, public or private, that are utilized as a school, hotel, motel, lodging house, apartment house, certain residential care facilities, and parcels, in the High Fire Severity Zones (HFSZ) within their jurisdiction; and
WHEREAS, inspectors focus on compliance with building standards and other regulations imposed by the State Fire Marshal and on public safety and fire prevention; and
WHEREAS, pursuant to Senate Bill 1205, Section 13146.4 was added to the Health and Safety Code in 2018 to require local fire departments to perform annual inspections and report compliance information annually to its administering authority; and
WHEREAS, in accordance with Senate Bill 1205, the Fire Department hereby submits this report on its compliance with the state inspection mandates to the City Council for review and approval; and
WHEREAS, the City Council of the City of Palm Springs intends this Resolution to fulfill the requirements of the Health and Safety Code regarding acknowledgment of the Palm Springs Fire Department’s compliance with sections 13146.2 and 13146.3.
THE CITY COUNCIL OF THE CITY O F PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1
. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2.
The City Council acknowledges and accepts the Fire Department’s submission of an annual report regarding the inspection of certain occupancies, including schools, hotels, motels, lodging houses, apartments, certain residential care facilities, and parcels, in the High Fire Hazard Severity Zones pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.
SECTION 3.
The City Manager is authorized to execute all necessary documents associated with the compliance report.
SECTION 4.
T his action is not a “Project” as defined by the California Environmental Quality Act (CEQA) because it involves organization or administrative activities of the government that will not result in direct or indirect physical changes in the environment, pursuant to CEQA Guidelines § 15378(a).
Item 1L - 5
Resolution No. _____
ADOPTED THIS 26TH DAY OF MAY, 2022.
JUSTIN CLIFTON
CITY MANAGER
ATTEST:
MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
Item 1L - 6
Resolution No. _____
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 _______________________, 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 1L - 7
CITY COUNCIL STAFF REPORT
05/26/2022 1. M.
City Clerk -
SUBJECT
ADOPTION OF AMENDED SERVICES AGREEMENT BETWEEN THE CITY OF
PALM SPRINGS AND FIRE RECOVERY USA, LLC, FOR COLLECTION OF FEES
FOR SERVICES PROVIDED BY FIRE DEPARTMENT PERSONNEL
RECOMMENDATION:
Adopt an amended Services Agreement between the City of Palm Springs (“City”) and Fire Recovery USA, LLC (“Fire Recovery”), to enable Fire Recovery to assist the Fire Department with billing services as related to fire inspections and/or permits performed by Fire Department personnel.
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 1M
CITY COUNCIL STAFF REPORT
DATE: M
ay 26, 2022 CONSENT CALENDAR
SUBJECT: ADOPTION OF AMENDED SERVICES AGREEMENT BETWEEN THE
CITY OF PALM SPRINGS AND FIRE RECOVERY USA, LLC, FOR
COLLECTION OF FEES FOR SERVICES PROVIDED BY FIRE
DEPARTMENT PERSONNEL
FROM: Justin Clifton, City Manager
BY: P
alm
Springs Fire Department, Community Risk Reduction Division SUMMARY:
Fir
e Recovery USA provides third- party billing services for F ire Department inspections and other Fire Department services. Fire Recovery seeks to amend its existing contract to include a broader array of permits and inspections that are not covered under the current agreement and are currently provided by the Fire Department.
RECOMMENDATION:
1. Adopt
an amended Services Agreement between the City of Palm Springs (“City”) and Fire Recovery USA, LLC (“Fire Recovery”), to enable Fire Recovery to assist the Fire Department with billing services as related to fire inspections and/or permits performed by Fire Department personnel.
2. A
uth
orize the City Manager to execute all necessary documents.
BACKGROUND:
In 2019,
the City of Palm Springs retained a consulting firm to prepare a User Fee Study. That study was prepared to ensure that the City was recovering the full cost in providing various public services, and those fees were based upon the estimated reasonable cost of providing the type of service for which the fee is charged. In 2015, the City entered into a Services Agreement with Fire Recovery to provide billing collections for the adopted User Fees, specific to the Fire Department.
On May 12, 2022, the City approved Resolution No. 25007, which amended the City’s adopted Fee Schedule, including those fees specific to services carried out by the Fire Department.
Item 1M - 1
City Council Staff Report
May 26, 2022 -- Page 2
Fire Recovery USA, LLC Amended Services Agreement
Due to the City’s amended Fee Schedule, an amendment needs to be made to the existing contract to reflect the Fire Department’s broader array of permits and inspections, not currently included in the existing Services Agreement.
The parties have negotiated an amended Services Agreement ( Attachment B) that sets forth their respective obligations for the collection and enforcement of fees pursuant to the most recently adopted Fee Schedule, specific to the Fire Department, which is included as Attachment A.
Fire Department related updates under the amended agreement:
• F
ir
e Recovery shall collect a processing fee from the responsible party, not to exceed seventeen dollars and fifty cents ( $17.50), for each paid inspection or other collected fee, which is an increase of $4.00 from the current Services Agreement.
• If the service is paid by credit card, the responsible party will incur a three percent (3%) convenience fee, payable to Fire Recovery, in addition to the service charge.
• Fire Recovery shall collect 50% of late penalties incurred by the responsible party for non-payment over 90 days.
• The Services Agreement shall continue for three (3) years upon the execution of the amended Services Agreement.
BUSINESS PRINCIPAL DISCLOSURE:
Fire
Recovery USA, LLC is a California Limited Liability Compan y with a principal place of business in R oseville, CA. “Recovery Investors”, LLC with 51% ownership, and NM Nagler Trust with 49% ownership of Fire Recovery USA, which is documented in the Public Integrity Disclosure form attached with the Certificate of Non -Discrimination and Conflict of Interest Certification.
STAFF ANALYSIS:
Fir
e Recovery USA is the nation's largest cost recovery company created to serve fire departments across the U.S. Since 2006, they have provided cost recovery services to departments in 33 states and are the leading provider in incident cost recovery in the nation.
Their proprietary systems and software allow Fire Recovery USA to efficiently and effortlessly bill for fire inspections, emergency incident response costs, and other fees listed in our M aster Fee Schedule. Because of efficiencies delivered by their software and support services, Fire Recovery USA offers cost recovery that is extremely efficient and cost effective. Fire Recovery USA handles all forms of cost recovery, saving fire departments increasingly valuable time and resources. Fire Recovery was developed for fire departments and emergency medical service departments.
Item 1M - 2
City Council Staff Report
May 26, 2022 -- Page 3
Fire Recovery USA, LLC Amended Services Agreement
The Palm Springs Fire Department has a need to continue billing for specific fire inspections identified in the Comprehensive Fee Schedule. Although Fire Recovery USA has the ability to recover costs for a variety of fire department services, we intend to have them bill only for fire inspections identified in the Comprehensive Fee Schedule.
Plan Reviews, New Construction Inspections, False Alarms, Permits, Safety Training, and other Fire Department Miscellaneous Fees will be billed by the F ire Department or other City departments who are already billing for these services.
ENVIRONMENTAL ASSESSMENT:
The req
uested 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. 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.
ALIGNMENT WITH STRATEGIC PLANNING:
This action generally supports the City Council identified priorities of Quality of Life and Good Governance.
FISCAL IMPACT:
The col
lection of additional Fire Department permit s and inspection fees, will enable the City to recover all of the costs of providing services. There will be an additional cost to the City, via an increased processing fee due and payable to Fire Recovery, in an amount not to exceed $17.50 per transaction. T he total annual cost will be approximately $31,500.
REVIEWED BY:
Department Director: J. Kevin Nalder
City Manager: Justin Clifton
ATTACHMENTS:
A. Adopt
ed FY 2022-23 Fee Schedule
B. Amended Services Agreement
C. Public Integrity Disclosure Form
D. Conflict of Interest Statement
Item 1M - 3
ATT
ACHMENT A
Item 1M - 4
2022/2023 UNIT
ADMINISTRATIVE
BLUEPRINT COPY FEE
COPYING - 18X24
COPYING - 24X36
COPYING - LEGAL SIZE
COPYING - LETTER SIZE
INCIDENT REPORTS ……………………………….……………………………………………………..$42 CITY SET FIRE / CODE RESEARCH FEE ………………………….……………………………………………..$260 FBR @ FIRE MARSHAL LATE PERMIT SUBMITTALS ……………………………………..…………………………………….2X OF REG FEE 2X OF REGULAR FEE NEW PROJECT CONDITIONS - DEVELOPMENT SERVICES …………………………………………………………............................................................…………………..…………………………………………............................................................…………………..…………………………………………............................................................…………………..$260 FBR @ FIRE MARSHAL SERVICES NOT SPECIFICALLY LISTED …………………………………………….…………………………………………............................................................…………………..…………………………………………............................................................…………………..…………………………………………............................................................…………………..…………………………………………............................................................…………………..FBR / HOURLY SUBPOENAS (CIVIL) ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..DEPOSIT (HOURLY)
CANNABIS BUSINESS AND ACTIVITY RELATED FEES
SEE: OFFICE OF SPECIAL PROGRAMS
FALSE ALARMS (FIRE / SMOKE / SPRINKLER)
SEE MASTER BAIL SCHEDULE (ORD. 1678)
FIRE & EMERGENCY RESPONSES …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..
FIRE INSPECTIONS - GENERAL
ENGINE COMPANY INSPECTIONS (PER CREW HOUR) ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..……$475 PER INSPECTION KNOX TM BOX/SWITCH INSPECTIONS …………………………………………............................................................…………………..…………………………………………............................................................…………………..$186 PER INSPECTION ARSON INVESTIGATION FEE (PER HOUR) ……………………………………………………............................................................…………………..………………………………………………$237 PER HOUR MULTI-RESIDENTIAL FIRE INSPECTION FEE (3 OR MORE UNITS) (SEE: GROUP R OCCUPANCY INSPECTIONS)
NEW BUSINESS LICENSE INSPECTION …………….……………………………….…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………......................................$197 PER INSPECTION FIRE & LIFE SAFETY STANDBY FEE / SPECIAL SERVICES (4 HR. MIN.) ………………...........………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….................................................…..$554 FULLY BURDENED HOURLY RATES PRE-ENGINEERED FIRE SUPPRESSION SYSTEMS ……………………………………………………………………………............................................................…………………..…………$377 PER INSPECTION AIRCRAFT HANGARS < 40,000 SQ. FT. …………………………………………………………………………………………………............................................................…………………..….$320 PER INSPECTION AIRCRAFT HANGARS > 40,001 - 150,000 SQ. FT. ………………………………………….…………………………………………............................................................…………………..$413 PER INSPECTION AIRCRAFT HANGARS > 150,000 SQ. FT. ………………………………………………………..…………………………………………............................................................…………………..$506 PER INSPECTION
GROUP B & M OCCUPANCY INSPECTIONS
<3,000 SQFT …………………………………………………………………………………………………………………………………………………………............................................................…………………..…………………………………………………………………………………$227 PER INSPECTION 3,001 - 40,000 SQFT ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………$307 PER INSPECTION
DEPOSIT ONLY - ACTUAL CHARGE IS EMPLOYEE OVERTIME RATE TIMES THE
NUMBER OF HOURS PLUS FRINGE BENEFITS PLUS THE ADMINISTRATIVE CHARGE
PLUS MILEAGE (HOURS CALCULATED PORTAL TO PORTAL
CITY OF PALM SPRINGS
COMPREHENSIVE FEE SCHEDULE
FIRE DEPARTMENT
FBR = Fully Burdened Hourly Rates
DESCRIPTION
FBR / HOURLY
(FOR ALL OTHER SERVICES AND SPECIAL PURPOSES NOT
SPECIFICALLY LISTED) (SEE: POSITION RATES)
1 Item 1M - 5
2022/2023 UNIT
CITY OF PALM SPRINGS
COMPREHENSIVE FEE SCHEDULE
FIRE DEPARTMENT
FBR = Fully Burdened Hourly Rates
DESCRIPTION
>40,000 SQFT ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………$320 PER INSPECTION
GROUP F & S OCCUPANCY INSPECTIONS
<3,000 SQFT ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………$227 PER INSPECTION 3,001 - 40,000 SQFT ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………$320 PER INSPECTION >40,000 SQFT ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………$546 PER INSPECTION HAZARDOUS MATERIALS FACILITIES ………………………………………………………………………………………………………............................................................…………………..$186 HOURLY @ DFM HIGH-PILED STORAGE FACILITIES ……………………………………………………………………………………………………………............................................................…………………..$186 HOURLY @ DFM FAILED RE-INSPECTION / ADDITIONAL FIELD INSPECTION ………………………………………………………………………............................................................…………………..…………………………………………............................................................…………………..$156 PER INSPECTION ANNUAL HIGH-RISE > 75' ……………………………………………………………………………..…………………………………………............................................................…………………..…………………………………………............................................................…………………..$186 HOURLY @ DFM ANNUAL NON-HIGH-RISE 30'-74' ………………………………………………………………….…………………………………………............................................................…………………..$186 HOURLY @ DFM VEGETATION MANAGEMENT IN THE VERY HIGH FIRE HAZARD SEVERITY ZONES [ORD. 2009] PARCEL MAP < 10 STRUCTURES ….........................................…………………………………………………………………………………………………………………………………………………………………………………………$160 PER INSPECTION PARCEL MAP > 10 STRUCTURES OR COMMERCIAL …..............…………………………………………………………………………………………………............................................................…………………..…………………………………………………………………………………………………………………………………$267 PER INSPECTION VACANT LOT $50.00
SINGLE-FAMILY RESIDENCE $100.00
SPECIAL EVENTS (4 HOUR MINIMUM PER PERSON) ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….$186 PER HOUR FILM PERMIT STANDBY (4 HOUR MINIMUM PER PERSON) ……………………………………………………………………………………………………………………………………………………………………………………………………………………………….$744 PER HOUR OCCUPANT LOAD / SEATING CAPACITY DETERMINATIONS ……………………………………………………………………………………………………………………………………………………………………………………………………$298 PER INSPECTION NON-BUSINESS HOURS & WEEKEND INSPECTIONS ……………………..…………………………………………………………………………………………………………………………………………………………………………………………$267
FIRE INSPECTIONS - MULTI-RESIDENTIAL GROUP R OCCUPANCY
$171
$231
$214
$323
$294
$438
$450
$530
$657
APARTMENTS & CONDOMINIUMNS (R - OCCUPANCY) INSPECTIONS - UNITS: 101 + UNITS …………….....………………………………............……......
HOTELS & MOTELS (R - OCCUPANCY) INSPECTIONS -
UNITS: 11-50 …………………………………………………………………….…………….
APARTMENTS & CONDOMINIUMNS (R - OCCUPANCY) INSPECTIONS - UNITS: 51-75 …………….....………………………………............…….……..........
HOTELS & MOTELS (R - OCCUPANCY) INSPECTIONS -
UNITS: 51-75 ………………………………………………………………………………….
APARTMENTS & CONDOMINIUMNS (R - OCCUPANCY) INSPECTIONS - UNITS: 76-100 …………….....………………………………............…….……........
HOTELS & MOTELS (R - OCCUPANCY) INSPECTIONS -
UNITS: 76-100 ………………………………………………………………………………..
APARTMENTS & CONDOMINIUMNS (R - OCCUPANCY) INSPECTIONS - UNITS: 3-10 …………….....………………………………............…….……............
HOTELS & MOTELS (R - OCCUPANCY) INSPECTIONS -
UNITS: 3-10 …………….....………………………………............…….……..............
APARTMENTS & CONDOMINIUMNS (R - OCCUPANCY) INSPECTIONS - UNITS: 11-50 …………….....………………………………............…….……......... 2 Item 1M - 6
2022/2023 UNIT
CITY OF PALM SPRINGS
COMPREHENSIVE FEE SCHEDULE
FIRE DEPARTMENT
FBR = Fully Burdened Hourly Rates
DESCRIPTION
$824
FIRE INSPECTIONS - STATE 850 FIRE CLEARANCE (LICENSED FACILITIES) $227
FAMILY DAY CARE - CLIENTS: 7-25 (OCCUPANCY GROUP I-4)……..…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..…………………………………………………………………………………………………………………………………………………………………………………$227 FAMILY DAY CARE - CLIENTS: >25 (OCCUPANCY GROUP I-4)…………………………………………………………………………………………………………………………………………………………………………………………………..$320 $382
$692
$847
INSTITUTIONAL CARE FACILITIES - CLIENTS/PATIENTS: >100 …………………………………………………………………………………………………………………………………………………………………………………………………$1,033 LICENSED FACILITIES - ALL OTHER REVIEWS ………………………………..…………………………………………………………………………………………………………………………………………………………………………………………$508 PLUS INSPECTION FEE AT FBR
NEW CONSTRUCTION FIRE INSPECTIONS
NEW SINGLE FAMILY DWELLING …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….BLDG DEPT INSP NEW MULTI-RESIDENTIAL (HOTEL, MOTEL, APT., CONDO. PROJECTS) ….….…………………………………………………………………………………………………………………………………………………………………………………………$320 NEW COMMERCIAL / INDUSTRIAL ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….$320 RESIDENTIAL ADDITION / REMODELS …………………………………………………………………………………………………………………………………………………………………………………………………………………………………….BLDG DEPT INSP COMMERCIAL / TENNANT IMPROVEMENT …………………………………………………………………………………………………………………………………………………………………………………………………………………………….$320 COMMERCIAL / INDUSTRIAL ADDITION OR REMODEL ……………………………………………………………………………………………………………………………………………………………………………………………………………$320 COMMERCIAL COOKING HOOD AND DUCT SYSTEMS …………………………………………………………………………………………………………………………………………………………………………………………………………….$320 WATER SYSTEMS ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….…………………………………………………………… $320 (FIRE HYDRANTS, WATER MAINS, SPRINKLER RISERS)
PRE-ENGINEERED FIRE SUPPRESSION SYSTEMS ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….………………………………………………………………………………… $227 (HALON, DRY-CHEM. SYSTEM)
FIRE ALARM SYSTEMS ………...………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….$320 FIRE SPRINKLER SYSTEMS (SINGLE FAMILY DETACHED) ………………………………………………………………………………………………………………………………………………………………………………………………………….BLDG DEPT INSP FIRE SPRINKLER SYSTEMS (MULTI-FAMILY 3 OR MORE UNITS) ….………………………………………………………………………………………………………………………………………………………………………………………….$320 $785
$1,157
$1,529
$1,529
FIRE SPRINKLER TENANT IMPROVEMENT (>10 HEADS) ……………………………………………………………………………………………………………………………………………………………………………………………………….$274
RESIDENTIAL OR INSTITUTIONAL CARE FACILITIES -
CLIENTS/PATIENTS 7-25 (OCCUPANCY GROUPS I-2; R-2.1; R4) ………..
RESIDENTIAL OR INSTITUTIONAL CARE FACILITIES -
CLIENTS/PATIENTS 26-50 (OCCUPANCY GRPS I-2; I-4; R-2.1) …………..
RESIDENTIAL CARE FACILITIES - CLIENTS/PATIENTS: 1-6
(OCCUPANCY GRROUP R-3.1) ………………………………………………….……..
FIRE SPRINKLER SYSTEMS (COMMERCIAL / INDUSTRIAL)
0 - 35,000 SQ. FT. .….……….……………………………..…………..………..………..
FIRE SPRINKLER SYSTEMS (COMMERCIAL / INDUSTRIAL)
35,001 - 75,000 SQ. FT. …………………………………....…………..…………………
FIRE SPRINKLER SYSTEMS (COMMERCIAL / INDUSTRIAL)
75,001 - 120,000 SQ. FT. ………………………...…………….………..……………...
RESIDENTIAL OR INSTITUTIONAL CARE FACILITIES -
CLIENTS/PATIENTS 50-100 (OCCUPANCY GRPS I-2; I-4; R-2.1)...……...
FIRE SPRINKLER SYSTEMS (COMMERCIAL / INDUSTRIAL)
> 120, 000 SQ. FT. ….…………….……..........................…..……….……………..
HOTELS & MOTELS (R - OCCUPANCY) INSPECTIONS -
UNITS: 101 + UNITS ………………………………………………………………………..
3 Item 1M - 7
2022/2023 UNIT
CITY OF PALM SPRINGS
COMPREHENSIVE FEE SCHEDULE
FIRE DEPARTMENT
FBR = Fully Burdened Hourly Rates
DESCRIPTION
FIRE PUMPS ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………$413 FIRE STANDPIPE SYSTEMS ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………$413 FIRE SPRINKLER SYSTEM SUPERVISION & ALARMS …………………………………………………………………………………………………………………………………………………………………………………………………………………$227 SMOKE CONTROLS …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….……….. $413 (SMOKE & HEAT VENTS, BARRIERS, ENCLOSURES, ETC.)
FIRE WATER TANKS …………………………………………………………………………………………………………………………………………………………………………………………………………………………….………………………………………………$413 UNDERGROUND WATER SUPPLY TO SPRINKLER RISER ……………………………………………………………………………………………………………………………………………………………………………………………………………………………….……………………………………………………………..$320 PER RISER FIRE MISCELLANEOUS ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….……………………………………………………………………….$227 FIRE FINAL ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….……………………………………………………………..……………………... $227 (USED TO FINAL A PROJECT)
FIRE RELEASE ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….……………………………………………………………..……………………....$227 (USED FOR FD RELEASE TO BUILDING DEPT.)
FIRE DEPARTMENT ONLY - MISC.
MISC. - FAILED / ADDITIONAL FIELD INSPECTIONS ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….……………………………………………………………..……………………...……………………………………………………………………………………………………………………………………………………………………………………………$227 PER INSPECTION / HOURLY MISC. - EXIT ANALYSIS PLANS ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….……………………………………………………………..……………………...…………………………………………………………………………………………………………………………………………………………………………………$227 PER INSPECTION / HOURLY MISC. - OCCUPANT LOAD DETERMINATIONS ……………………………………………..…………………………………………………………………………………………………………………………………………………………………………………………$298 PER INSPECTION / HOURLY MISC. - PLAN RESUBMITTALS …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………$227 PER INSPECTION / HOURLY MISC. - PLAN REVIEWS, OTHER …………………………………………………………………..…………………………………………………………………………………………………………………………………………………………………………………………$227 PER HOUR PLAN CHECK DEPOSIT (FOR SERVICES NOT LISTED ABOVE) ………………………………………………………………………………………………………………………………………………………………………………………………………………$434 PER HOUR
NEW CONSTRUCTION FIRE PLAN REVIEW
NEW SINGLE FAMILY DWELLING …………………………………………………………………..…………………………………………………………………………………………………………………………………………………………………………………………$156 PER APPLICATION NEW MULTI-RESIDENTIAL ……………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………..…. (HOTEL, MOTEL, APT., CONDO. PROJECTS)$387 PER APPLICATION NEW COMMERCIAL / INDUSTRIAL ………………………………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………..….…………………………………………….$387 PER APPLICATION RESIDENTIAL ADDITION / REMODELS …………………………………………………………………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………..….……..$156 PER APPLICATION COMMERCIAL / TENNANT IMPROVEMENT ……………………………………………………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………..….…………………………………………………………………………………………………………………………………………………………………………………………………….$272 PER APPLICATION COMMERCIAL / INDUSTRIAL ADDITION OR REMODEL ……………………………………………………………………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………..….……………………………………………………………………………………………………………………………………………………$272 PER APPLICATION COMMERCIAL COOKING HOOD AND DUCT SYSTEMS ………………….…………………………………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………..….……………………………………………………………………………………………………………………………………………………………………$156 PER APPLICATION WATER SYSTEMS …………………………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………..….………………………………..……………………..… $272 PER APPLICATION (FIRE HYDRANTS, WATER MAINS, SPRINKLER RISERS)
PRE-ENGINEERED FIRE SUPPRESSION SYSTEMS ………………………………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………..….………………………………..……………………..………………………... $272 PER APPLICATION (HALON, DRY-CHEM SYSTEM)
FIRE ALARM SYSTEMS ……………………………………………………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………..….………………………………..……………………..……………………………………………………………………………………………………………………………………………………………………………………………………………………………………$272 PER APPLICATION FIRE SPRINKLER SYSTEMS (SINGLE FAMILY DETACHED) ……………….…………………………………………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………..….………………………………..……………………..……………………………………………………………………………………………………………………………………………………………………………$156 PER APPLICATION FIRE SPRINKLER SYSTEMS (MULTI-FAMILY 3 OR MORE UNITS) …………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………..….………………………………..……………………..…………………………………………………………………………………………………………………………………$272 PER APPLICATION $387 PER APPLICATION
$387 PER APPLICATION
FIRE SPRINKLER SYSTEMS (COMMERCIAL / INDUSTRIAL)
0 - 35,000 SQ.FT. ………………..……………………………………………………...……
FIRE SPRINKLER SYSTEMS (COMMERCIAL / INDUSTRIAL)
35,001 - 75,000 SQ. FT. ……………………………………………………………………
4 Item 1M - 8
2022/2023 UNIT
CITY OF PALM SPRINGS
COMPREHENSIVE FEE SCHEDULE
FIRE DEPARTMENT
FBR = Fully Burdened Hourly Rates
DESCRIPTION
$387 PER APPLICATION
$387 PER APPLICATION
FIRE SPRINKLER TENANT IMPROVEMENT (>10 HEADS) ………………………………………………………………………………………………………………………………………………………………………………….$156 PER APPLICATION FIRE PUMPS …………………………………………………………………………………………………………………………………………………………………$272 PER APPLICATION FIRE STANDPIPE SYSTEMS ………………………………………………………………………………………………………………………………………………………………………………………………………………………………$272 PER APPLICATION FIRE SPRINKLER SYSTEM SUPERVISION & ALARMS …………………………………………………………………………………………………………………………………………………………………………………………$156 PER APPLICATION $272 PER APPLICATION
FIRE WATER TANKS …………………………………………………………………………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………..….………………………………..……………………..………………………..$272 PER APPLICATION FIRE MISCELLANEOUS ………………………………………………………………………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………..….………………………………..……………………..……………………….$156 * + INSPECTION AT FBR FIRE FINAL ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… $156 * + INSPECTION AT FBR (USED TO FINAL A PROJECT)
FIRE RELEASE …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. $156 * + INSPECTION AT FBR (USED FOR FD RELEASE TO BUILDING DEPT.)
UNDERGROUND WATER SUPPLY TO SPRINKLER RISER ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………$320 * + INSPECTION AT FBR (PER RISER)
FIRE DEPARTMENT ONLY - MISC.
MISC. - FAILED / ADDITIONAL FIELD INSPECTIONS ……………………………………………….............…………………………………………………………………………………………………………………………………………………………….$0.00 MISC. - EXIT ANALYSIS PLANS ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….$272 MISC. - OCCUPANT LOAD DETERMINATIONS ………………………………………………………………………………………………………………………………………………………………………………………………………………….$274 MISC. - PLAN RESUBMITTALS …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..$115 MISC. - PLAN REVIEWS, OTHER ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………….$115 CONTRACT PLAN CHECK FEE (ADMINISTRATIVE SURCHARGE 15%) ……….……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
FIRE PREVENTION PLAN REVIEW AND INSPECTION FEE
NEW SINGLE FAMILY DWELLING ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………$308 * + INSPECTION AT FBR NEW MULTI-RESIDENTIAL ………………...…………………………………………………….............…………………………………………………………………………………………………………………………………………………………….…………………..……………… $677 * + INSPECTION AT FBR (HOTEL, MOTEL, APT., CONDO. PROJECTS)
NEW COMMERCIAL / INDUSTRIAL ………………………………………………………………………………….............…………………………………………………………………………………………………………………………………………………………….……………………………..…………………………………………………………………………………………………………………………………………………………………$677 * + INSPECTION AT FBR RESIDENTIAL ADDITION / REMODELS …………………………………………………………..…………………………………………………………………………………………………………………………………………………………………$308 * + INSPECTION AT FBR COMMERCIAL / TENNANT IMPROVEMENT …………………………………………………..…………………………………………………………………………………………………………………………………………………………………$492 * + INSPECTION AT FBR COMMERCIAL / INDUSTRIAL ADDITION OR REMODEL ……………………………………………………………………………………………………………………….............…………………………………………………………………………………………………………………………………………………………….……………………………………………………………………………………………………………$492 * + INSPECTION AT FBR COMMERCIAL COOKING HOOD AND DUCT SYSTEMS ……………………………………………………………………………………………………………………………………….............…………………………………………………………………………………………………………………………………………………………….…………………………………………………………………………………………….$308 * + INSPECTION AT FBR WATER SYSTEMS …………………………………………………………………………………………………………………………………………………………………………………………….............…………………………………………………………………………………………………………………………………………………………….…………………………………………………………………………………………….…………………. $492 * + INSPECTION AT FBR (FIRE HYDRANTS, WATER MAINS, SPRINKLER RISERS)
PRE-ENGINEERED FIRE SUPPRESSION SYSTEMS ………………………………………………………………………………………………………………………………………………………….............…………………………………………………………………………………………………………………………………………………………….…………………………………………………………………………………………….………... $492 * + INSPECTION AT FBR (HALON, DRY-CHEM. SYSTEM)
SMOKE CONTROLS ………………………………………….………………..…………...
(SMOKE & HEAT VENTS, BARRIERS, ENCLOSURES, ETC.)
FIRE SPRINKLER SYSTEMS (COMMERCIAL / INDUSTRIAL)
75,001 - 120,000 SQ. FT. ………………………………………………………………..
FIRE SPRINKLER SYSTEMS (COMMERCIAL / INDUSTRIAL)
> 120, 000 SQ.FT. …………………………………………………………………………….
5 Item 1M - 9
2022/2023 UNIT
CITY OF PALM SPRINGS
COMPREHENSIVE FEE SCHEDULE
FIRE DEPARTMENT
FBR = Fully Burdened Hourly Rates
DESCRIPTION
FIRE ALARM SYSTEMS …………………………………………………………………………………………………………………………………………………………………………………………………………………………………..$492 * + INSPECTION AT FBR FIRE SPRINKLER SYSTEMS …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………….. $308 * + INSPECTION AT FBR (SINGLE FAMILY DETACHED)
FIRE SPRINKLER SYSTEMS …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..$492 * + INSPECTION AT FBR (MULTI-FAMILY 3 OR MORE UNITS)
FIRE SPRINKLER SYSTEMS …………………………………………………………………………….......................................................................................................……………………………….........................................................................................................…………..…………………... $677 * + INSPECTION AT FBR (COMMERCIAL / INDUSTRIAL)
UNDERGROUND WATER SUPPLY TO SPRINKLER RISER …………………………………….......................................................................................................……………………………….........................................................................................................…………..$308 * + INSPECTION AT FBR (PER RISER)
FIRE MISCELLANEOUS ……………………………….......................................................................................................……………………………….........................................................................................................$156 * + INSPECTION AT FBR (SPECIAL EVENTS, TRADESHOWS, LUP'S, ETC.)
*
OPERATIONAL PERMITS (* DENOTES A RENEWAL PERMIT)
FIRST TIME PLAN REVIEW ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………………………$156 AEROSOL PRODUCTS * ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………………$413 PLUS INSPECTION FEES AT FBR AIRCRAFT REFUELING VEHICLE * ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………$289 INSPECTION INCLUDED AIRCRAFT REPAIR HANGER * ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………..$413 PLUS INSPECTION FEES AT FBR AMUSEMENT BUILDINGS ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………………$413 INSPECTION INCLUDED AUTO WRECKING YARD * ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$227 PLUS INSPECTION FEES AT FBR AVIATION FACILITIES * ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………………………………………$413 PLUS INSPECTION FEES AT FBR BATTERY SYSTEMS * …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………$227 PLUS INSPECTION FEES AT FBR CANDLES AND OPEN FLAMES IN ASSEMBLY AREAS * …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………$322 CARNIVALS / FAIRS / CIRCUS …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………$227 INSPECTION INCLUDED CELLULOSE NITRATE FILM STORAGE * …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………$227 PLUS INSPECTION FEES AT FBR COMBUSTIBLE DUST OPERATIONS …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………$227 PLUS INSPECTION FEES AT FBR COMBUSTIBLE MATERIALS STORAGE * …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………..$227 PLUS INSPECTION FEES AT FBR COMMERCIAL RUBBISH HANDLING OPERATION * …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………….$413 PLUS INSPECTION FEES AT FBR COMPRESSED GASSES * ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………………$227 PLUS INSPECTION FEES AT FBR CRYOGENIC FLUIDS * ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………………………………………………………$227 PLUS INSPECTION FEES AT FBR CUTTING & WELDING * …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………………………………………………$413 PLUS INSPECTION FEES AT FBR DRY CLEANING PLANTS * …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………………$227 PLUS INSPECTION FEES AT FBR DUST PRODUCING OPERATION * …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………………………………………$227 PLUS INSPECTION FEES AT FBR EXHIBITS & TRADE SHOWS ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$227 PLUS INSPECTION FEES AT FBR EXPLOSIVES OR BLASTING AGENTS * ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………………………………$227 PLUS INSPECTION FEES AT FBR FIRE HYDRANTS & VALVES (FLOW TESTS) …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………………………………………………$156 INSPECTION INCLUDED FIRE PERFORMANCES (DANCERS/BATON, ETC.) ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………$176 PER INSPECTION FIREWORKS (MANUFACTURE, COMPOUND, STORE) * ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………$413 PLUS INSPECTION FEES AT FBR STATED FEE FOR THE ABOVE PROJECTS IS FOR PLAN REVIEW. INSPECTION FEES WILL BE ADDED AT THE FULLY- BURDENED RATE OF THE EMPLOYEE CONDUCTING THE INSPECTION. THE APPLICANT WILL BE REQUIRED TO PLACE A
DEPOSIT FEE FOR THE ANTICIPATED INSPECTION FEE AT THE TIME THE PERMIT IS ISSUED AT THE DESCRETION OF THE FIRE CHIEF.
6 Item 1M - 10
2022/2023 UNIT
CITY OF PALM SPRINGS
COMPREHENSIVE FEE SCHEDULE
FIRE DEPARTMENT
FBR = Fully Burdened Hourly Rates
DESCRIPTION
$177 PLUS STANDBY FEES
$177 PLUS STANDBY FEES
FLAMMABLE & COMBUSTIBLE LIQUIDS -CONTAINERS / TANKS * ..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$227 PLUS INSPECTION FEES AT FBR $177 FBR PER HR X 4 HOURS
FLAMMABLE & COMBUSTIBLE LIQUIDS -UNDERGROUND TANKS * …..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$227 PLUS INSPECTION FEES AT FBR FLAMMABLE & COMBUSTIBLE LIQUIDS * ………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………………………………………..$227 PLUS INSPECTION FEES AT FBR FUMIGATION OR THERMAL INSECTICIDE FOGGING …..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………………………………………………$362 PLUS INSPECTION FEES AT FBR HAZARDOUS MATERIALS (STORAGE / USE) * ……..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………………………………………………………..$413 PLUS INSPECTION FEES AT FBR HIGH-PILED STORAGE * …………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………………………………………………………………$413 PLUS INSPECTION FEES AT FBR HOT WORK, CUTTING & GRINDING OPERATIONS …..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………………………………………………$362 PLUS INSPECTION FEES AT FBR IMPAIRMENTS (PLANNED) - FIRE PROTECTION SYSTEMS …..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………………………………………….$548 PLUS INSPECTION FEES AT FBR KNOX BOX - RESIDENTIAL * …………………………………………………………………………...………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$134 PLUS INSPECTION FEES AT FBR LIQUEFIED PETROLEUM GASES (STORE, USE, HANDLE, DISPENSE) * ………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$227 PLUS INSPECTION FEES AT FBR LIQUID / GAS-FUELED VEHICLES IN AN ASSEMBLY ………………………………………....………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$227 PLUS INSPECTION FEES AT FBR LUMBER YARDS * …………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………………………….$227 PLUS INSPECTION FEES AT FBR MISC. COMBUSTIBLE STORAGE > 2,500 CF * …………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………………………………………………..$227 PLUS INSPECTION FEES AT FBR MOTOR VEHICLE FUEL DISPENSING STATION * ……..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………………………………………………….$227 PLUS INSPECTION FEES AT FBR OPEN FIRES (INCLUDES RECREATIONAL & BONFIRES) ……………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………………………………………….$227 PLUS INSPECTION FEES AT FBR ORGANIC COATINGS * ……………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………………………………………………$227 PLUS INSPECTION FEES AT FBR PARADE FLOATS ………………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………………………………………………………………………$134 PLUS INSPECTION FEES AT FBR PLACES OF ASSEMBLY (50-100 OCCUPANTS) * ………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………………………………………………………………………………………..$227 PLUS INSPECTION FEES AT FBR PLACES OF ASSEMBLY (101-300 OCCUPANTS) * …………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………………………………..$320 PLUS INSPECTION FEES AT FBR PLACES OF ASSEMBLY (OVER 300 OCCUPANTS) * …………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………………………………………………………………………….$413 PLUS INSPECTION FEES AT FBR PLANT EXTRACTION ……………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………………………………………………………………………$413 PLUS INSPECTION FEES AT FBR PRIVATE FIRE HYDRANTS * …………………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………………………………………………..$227 PLUS INSPECTION FEES AT FBR RADIOACTIVE MATERIALS * …………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………………………………………$227 PLUS INSPECTION FEES AT FBR REFRIGERATION EQUIPMENT * ……………………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………………………………………$227 PLUS INSPECTION FEES AT FBR REPAIR GARAGES * ………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………………………………………$227 PLUS INSPECTION FEES AT FBR SPRAYING OR DIPPING * ………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………………………………………$227 PLUS INSPECTION FEES AT FBR TENTS, CANOPIES OR MEMBRANE STRUCTURES < 400 SQ FT ………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………………..$284 PLUS INSPECTION FEES AT FBR TENTS, CANOPIES OR MEMBRANE STRUCTURES > 400 SQ FT ……………………....………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$342 PLUS INSPECTION FEES AT FBR TIRE STORAGE * ……………………………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$227 PLUS INSPECTION FEES AT FBR WASTE HANDLING FACILITIES * ……………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$227 PLUS INSPECTION FEES AT FBR WELDING / CUTTING OPERATIONS * ……………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$227 PLUS INSPECTION FEES AT FBR WOOD PRODUCTS * ……………………………………………………………………………………...………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$227 PLUS INSPECTION FEES AT FBR OPERATING WITHOUT REQUIRED PERMIT (2X PERMIT FEE)* ……………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………PERMIT FEE PLUS 2X PERMIT FEE*
POSITION RATES (FBR)
FLAMMABLE & COMBUSTIBLE LIQUIDS-TANK REMOVAL*
(4 HOUR MINIMUM) ……….……………………………………………………………….
FIREWORKS PYROTECHNIC SPECIAL EFFECTS (THEATRICAL / MOVIES) (4 HOUR MINIMUM) ………….………………....………………………………….......
FIREWORKS PYROTECHNIC DISPLAYS (INDOOR / OUTDOOR)
(4 HOUR MINIMUM) ………………………………………………...…………..………..
7 Item 1M - 11
2022/2023 UNIT
CITY OF PALM SPRINGS
COMPREHENSIVE FEE SCHEDULE
FIRE DEPARTMENT
FBR = Fully Burdened Hourly Rates
DESCRIPTION
DEPUTY FIRE CHIEF ………………………………………………………......………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………...................……………………$257 PER HOUR FIRE BATTALION CHIEF ………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………………………………………………………...............................…………$246 PER HOUR FIRE CAPTAIN (40 HR) …………………………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………………………………………………..$237 PER HOUR PREVENTION CAPTAIN ……………………………………………………..............................…………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………………………………………………..$186 PER HOUR SUPPRESSION CAPTAIN / PARAMEDIC (CAPT. PLUS 5%) ……………………….......………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………….............................……………….$195 PER HOUR FIRE MARSHAL …...........................................................................................………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………….......................$260 PER HOUR DEPUTY FIRE MARSHAL ……………………………………………….................……………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………………………$186 PER HOUR FIRE ENGINEER …………………………………………………………………………………….............………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………………………………………………………..$186 PER HOUR FIRE ENGINEER / PARAMEDIC ……………………………………………………………...........………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………….....……………$166 PER HOUR FIREFIGHTER / PARAMEDIC …………………………………………………………………...............………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………....………….$176 PER HOUR FIREFIGHTER ………………………………………………………………………………………..................………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………......……………$148 PER HOUR EMERGENCY SERVICES COORDINATOR ………………………………………………..................………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………………$101 PER HOUR PLANS EXAMINER II …………………………………………………………………….................………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$115 PER HOUR FIRE PREVENTION SPECIALIST ……………………………………………………….........................…..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………………………………………………$115 PER HOUR CLERICAL …………………………………………………………………………………………....................………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$62 PER HOUR RENEWABLE PERMIT FEES (SEE: OPERATIONAL PERMITS)
SAFETY TRAINING
3 HOUR CLASS / MINIMUM CLASS SIZE - 6 (PLUS COURSE MATERIALS) ……...………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$100 PER STUDENT (CLASS OF 6) 4 HOUR CLASS / MINIMUM CLASS SIZE - 6 (PLUS COURSE MATERIALS) ……..............………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$131 PER STUDENT (CLASS OF 6) 5 HOUR CLASS / MINIMUM CLASS SIZE - 6 (PLUS COURSE MATERIALS) ……................………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$162 PER STUDENT (CLASS OF 6) 6 HOUR CLASS / MINIMUM CLASS SIZE - 6 (PLUS COURSE MATERIALS) ……....................………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$193 PER STUDENT (CLASS OF 6) 8 HOUR CLASS / MINIMUM CLASS SIZE - 6 (PLUS COURSE MATERIALS) ……..........................………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$255 PER STUDENT (CLASS OF 6) 4 HOUR CLASS / MINIMUM CLASS SIZE - 4 (PLUS COURSE MATERIALS) ……..........................………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$197 PER STUDENT FIRE EXTINGUISHER TRAINING (DEPUTY FIRE MARSHAL FBR) ………………………...................………....………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………$193 PER HOUR, 20 STUDENT CLASS FIRE EXTINGUISHER TRAINING (FIRE MARSHAL FBR) ………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………...................………..$260 PER HOUR, 20 STUDENT CLASS SPECIAL EVENTS STANDBY (I.E. PARADES, ETC.)
ENGINE (S/CAP, ENG, FF/P) ……………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………………………………………………………………………………………………$557 PER HOUR / CREW OF 3 LADDER TRUCK (S/CAP, ENG, FF/P) ……………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………………………………………………$557 PER HOUR / CREW OF 3 WATER TENDER (2-ENG) ……………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..……………………………………………………………………………………………$372 PER HOUR / CREW OF 2 COMMAND (BC) …………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………………………………………………………………………………………$246 PER HOUR / CREW OF 1 FIRE ATTACK (ENG, FF/P)………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..…………………………………………………………………………………………$361 PER HOUR / CREW OF 2 MEDIC SQUAD (2-FF/P) …………………………………………..………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..………………………………………..…..………………………………………………………………………..$351 PER HOUR / CREW OF 2 UNDERGROUND STORAGE TANKS (SEE: OPERATIONAL PERMITS)
SAFETY TRAINING TO INCLUDE, BUT NOT BE LIMITED TO CARDIOPULMONARY RESUSCITATION (CPR), & C.A.R.E.S. (COMMUNITY
ASSISTANCE AND RESPONSE TO EMERGENCY SITUATIONS) TRAINING, MEDICAL AID DURING EMERGENCY/DISASTER, EMERGENCY
PREPAREDNESS/RESPONSE AND BASICS OF FIRE EXTINGUISHMENT, LIGHT SEARCH AND RESCUE, AND INTRODUCTION TO DISASTER PSYCHOLOGY AND COMMUNITY EMERGENCY RESPONSE TEAMS (CERT). 8 Item 1M - 12
ATT
ACHMENT B
Item 1M - 13
SERVICES AGREEMENT
This Services Agreement (“Agreement”) is made effective as of __________________, 2022 (“Effective Date”), by and between FIRE RECOVERY USA, LLC, a California limited liability company (“Company”), and City of Palm Springs , (“Client ”). The Company and Client are referred to herein individually as a “party” and collectively as the “parties.”
R E C I T A L S
WHEREAS, Company engages in the business of performing billing services (“Company Services”) for fire departments in connection with fire inspections and/or permits performed by department personnel;
WHEREAS, Client seeks the services of Company to assist with the billing for services that Client provides in connection with these inspections and/or permits; and WHEREAS, Company and Client desire to enter into this Agreement to document their agreements regarding the Company Services to be provided to Client.
NOW, THEREFORE, in consideration of the mutual representations, warranties and covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Company and Client agree as follows:
ARTICLE 1
ENGAGEMENT
1.1. Engagement: Client hereby engages Company to provide the Company Services described in Article 4 herein, and Client hereby accepts such engagement, all on the terms and conditions set forth herein. Company will determine the method, detail and means of performing the services detailed below.
ARTICLE 2
REPRESENTATIONS AND WARRANTIES
2.1. Representations and Warranties of Company : Company hereby represents and warrants to Client that, at all times during the term of this Agreement, Company is a limited liability company duly organized, validly existing and in good standing under the laws of the State of California.
2.2. Representations and Warranties of Client: Client hereby represents and warrants to Company that, at all times during the term of this Agreement, Client is an organized Client established pursuant to the laws and ordinances of the state in which Client is located.
ARTICLE 3
COMPANY STATUS AND QUALIFICATIONS
3.1. Independent Contractor: Company enters into this Agreement, and will remain throughout the term of the Agreement, as an independent contractor. Company agrees that it will not become an employee, partner, agent or principal of Client while this Agreement is in effect.
Item 1M - 14
2 3.2. Payment of Income Taxes : Company is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by Client to Company for services rendered under this Agreement. On request, Company will provide Client with proof of timely payment. Company agrees to indemnify Client for any claims, costs, losses, fees, penalties, interest, or damages suffered by Client resulting from Company’s failure to comply with this provision.
3.3. Use of Employees or Subcontractors: Company may, at Company’s own expense, use any employees or subcontractors as Company deems necessary to perform the services required of Company by this Agreement. Client may not control, direct, or supervise Company’s employees or subcontractors in the performance of those services.
3.4. Qualifications: Company represents that it is qualified and has the skills necessary to perform the services under this Agreement in a competent and professional manner, without the advice or direction of Client.
3.5. Ownership Interest: Company will have no ownership interest in Client.
3.6. No Benefit Contributions: Company shall have no obligation under this Agreement to compensate or pay applicable taxes or provide employee benefits of any kind to any person employed or retained by Client.
3.7. Attorney-in-Fact: Client appoints Company as Client’s attorney -in-fact for the following purposes:
(a) Billing and Collections : To bill and collect (“Collections”) all revenue earned by and due to Client, in connection with Client’s provision of inspection and permits, and to receive all Collections on Client’s behalf and to sue for and give satisfaction for monies due on account and to withdraw any claims, suits, or proceedings pertaining to or arising out of Company’s or Client ’s right to collect such amounts provided, however, Company may not take legal action to collect fees without prior permission of City; and
(b) Endorsement : To take possession of and endorse in Client’s name any notes, checks, money orders, and any other instruments received as Collections.
ARTICLE 4
GENERAL RESPONSIBILITIES OF COMPANY
4.1. Minimum Amount of Service: Company agrees to devote as much time and attention to the performance of the Company Services under this Agreement as may be, in Company’s sole discretion, required to accomplish the tasks described herein to accomplish the results for which the Company is responsible under this Agreement.
4.2. Company Services: Company agrees to perform the Company Serv ices as set forth in the “List of Company Services” attached hereto as Schedule “A” and incorporated herein by reference; including those additional services requested by Client and accepted in writing by the Company during the term of this Agreement.
Item 1M - 15
3 4.3. Non-Exclusive Relationship: Company may represent, perform services for, and contract with as many additional clients, persons, or companies as Company, in Company’s sole discretion, sees fit.
4.4. Time and Place of Performing Work: Company may perform the services under this Agreement at any suitable time and location Company chooses.
4.5. Materials and Equipment: Company will supply all materials and equipment required to perform the services under this Agreement.
4.6. Workers’ Compensation: Company agrees to provide workers’ compensation insurance for Company and Company’s employees and agents and agrees to hold harmless and indemnify Client for any and all claims arising out of any injury, disability, or death of any of Company’s employees or agents.
4.7. Assignment: Neither t his Agreement nor any duties or obligations under this Agreement may be assigned by Company without the prior written consent of Client, which consent shall not be unreasonably withheld.
ARTICLE 5
COMPENSATION OF COMPANY
5.1. Compensation for Company Services: All Comp any Services provided pursuant to this Agreement will be provided in accordance with the terms, including compensation amounts and schedule of remittance, set forth in the “List of Company Services,” attached hereto as Schedule A.
5.2. The provisions of Article 11 of this Agreement will govern any dispute associated with compensation.
ARTICLE 6
OBLIGATIONS OF CLIENT
6.1. Cooperation of Client: The Client agrees to comply with all reasonable requests of Company and provide access to all documents reasonably necessary to the performance of Company’s duties under this Agreement. The Client acknowledges that implementation and enforcement policies and procedures assure Client personnel perform the steps necessary to provide Company with a database of inspection and/or permit businesses in a format acceptable to company and to perform the inspections in a full and complete manner to facilitate the provisions of Company Services.
6.2 Assignment: Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Client or Company without the prior written consent of the other.
ARTICLE 7
CLIENT AUTHORIZATION
7.1. Authorization: Notwithstanding other provisions of this Agreement, Company shall obtain authorization from Client prior to performing any of the following:
Item 1M - 16
4 (a) The sale conveyance, transfer, pledge exchange, assignment, hypothecation, or encumbrance of Client’s interest in any sums owed to Client; and (b) All other limitations as stated by the terms of this Agreement.
ARTICLE 8
TERMINATION OF AGREEMENT
8.1. Termination on Notice: Notwithstanding any other provision of this Agreement, either party may terminate this Agreement at any time by giving sixty days (60) written notice to the other party. Unless earlier terminated as set forth below, this Agreement shall be effective as of the date first set out above and shall continue for a period of three (3) year thereafter. This Agreement shall automatically renew for successive one (1) year periods, unless either party provides written notification to the other party of its decision not to renew this Agreement.
Non-appropriation Clause: Contractor acknowledges that Palm Springs is a governmental entity, and the contract validity is based upon the availability of public funding under the authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the performance of Palm Springs obligations under this contract, then this contract shall automatically expire without penalty to Palm Springs thirty (30) days after written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Palm Springs shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this contract, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its governmental operations.
8.2. Termination on O ccurrence of Stated Events: This Agreement will terminate automatically on the occurrence of any of the following events; (a) Bankruptcy or insolvency of either party;
(b) The assignment of this Agreement by either party without the consent of the other party; the parties agree that neither party will unreasonably withhold consent to such an assignment.
8.3. Termination for Default : If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non- breaching party may t erminate this Agreement by giving written notification to the breaching party. Termination will take effect immediately on receipt of notice by the breaching party or five days (5) after mailing of notice, whichever occurs first. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following:
(a) Company’s failure to complete the services specified in the Description of Services;
(b) Client’s material breach of any representation, warranty or agreement contained in this Agreement;
(c) Company’s material breach of any representation, warranty or agreement contained in this Agreement;
Item 1M - 17
5 (d) Client’s failure to make payments a described in Schedule A Section 4.
ARTICLE 9
PROPRIETARY RIGHTS
9.1. Confidential Information: Any written, printed, graphic, or electronically or magnetically recorded information furnished by Client for Company’s use are the sole property of Client. This proprietary information includes, but is not limited to, customer requirements, customer lists, marketing information, and information concerning the Client’s employees, products, services, prices, operations, and subsidiaries. Company will keep this confidential information in the strictest confidence, and will not disclose it by any means to any person except with the Client ’s approval, and only to the extent necessary to perform the services under this Agreement. This prohibition also applies to Company’s employees, agents, and subcontractors.
On termination of this Agreement, Company will return any confidential information in Company’s possession to Client.
ARTI
CLE 10
INDEMNIFICATION
10.1. Indemnification: To the extent permitted by applicable law, the Company will indemnify and hold the Client harmless from and against any and all loss, damage, liability, claims and/or injury resulting from all actions performed by the Company, or its agents on the Company’s behalf, in connection with this Agreement. However, this indemnification shall not apply with respect to any legal cause, action or consequential liability or losses resulting from any negligent or intentional acts or omissions of the Client.
ARTICLE 11
GENERAL PROVISIONS
11.1. Governing Law: This Agreement shall be governed in all respects by the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction that would cause the application of the laws of any jurisdiction other that the State of California). Venue for any matter related to this Agreement shall be the Superior Court for the County of Riverside.
11.2. Entire Agreement: This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understanding of the parties.
11.3. Successors and Assigns: Except as otherwise provided her ein, the provisions hereof shall inure to the benefit of, and be binding upon, the successors, assigns, heirs, executors and administrators of the parties hereto. No party may assign any of its rights or obligations hereunder without the express written consent of the other party hereto, which consent may not be unreasonably withheld; provided, however, any party may assign any and all of its rights and interests hereunder to one or more of its affiliates and designate one or more of its affiliates to perform its obligations hereunder; provided, however, that such party remains liable for full and total performance of its obligations hereunder.
Item 1M - 18
6 11.4. Notices: Any notices authorized to be given hereunder shall be in writing and deemed given, if delivered personally or by overnight courier, on the date of delivery, if a Business Day, or if not a business day, on the first Business Day following delivery, or if mailed, three days after mailing by registered or certified mail, return receipt requested, and in each case, addressed, as follows:
If to the Company to:
Fire R
ecovery USA, LLC
2271 Lava Ridge Court, Suite 120
Roseville CA 95661
Attention: Craig Nagler
If to Client to:
_______________________
_______________________
_______________________
Attention: ______________
with a copy to:
The Wat
kins Firm, APC
4275 Executive Square, Suite 1020
La Jolla, CA 92037
Attention: Chris Popov, Esq.
with a copy to:
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attention: City Attorney
Or,
if delivered by telecopy, on a Business Day before 4:00 PM local time of addressee, on transmission confirmed electronically, or if at any other time or day on the first Bus iness Day succeeding transmission confirmed electronically, to the facsimile numbers provided above, or to such other address or telecopy number as any party shall specify to the other, pursuant to the foregoing notice provisions. When used in this Agreement, the term “Business Day” shall mean a day other than a Saturday, Sunday or a Federal Holiday.
11.5. Waiver; Amendments: This Agreement, and any exhibits attached herein (“Transaction Documents”), (i) set forth the entire agreement of the parties respecting the subject matter hereof, (ii) supersede any prior and contemporaneous understandings, agreements, or representations by or among the parties, written or oral, to the extent they related in any way to the subject matter hereof, and (iii) may not be amended orally, and no right or obligation of any party may be altered, except as expressly set forth in a writing signed by such party.
11.6. Counterparts: This Agreement may be signed in several counterparts.
11.7. Expenses: Each party shall bear its own expenses incurred with respect to the preparation of this Agreement and the consummation of the transactions contemplated hereby.
11.8. Arbitration:
(a) If at any time there shall be a dispute arising out of or relating to any provision of this Agreement, any Transaction Document or any agreement contemplated hereby or thereby, such dispute shall be submitted for binding and final determination by arbitration in accordance with the regulations then obtaining of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) resulting from such arbitration shall be in writing, and shall be final and binding upon all involved parties. The site of any arbitration shall be at a site agreed to by the parties and the arbitration decision can be enforced in a “court of competent jurisdiction”.
Item 1M - 19
7 (b) This arbitration clause shall survive the termination of this Agreement, any Transaction Document and any agreement contemplated hereby or thereby.
11.9. Waiver of Jury Trial; Exemplary Damages : THE PARTIES HERETO HEREBY
WAIVE THEIR RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT. NO PARTY S HALL BE
AWARDED PUNITIVE OR OTHER EXEMPLARY DAMAGES RESPECTING ANY DISPUTE
ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT CONTEMPLATED HEREBY.
11.10 Cooperative Purchases : This Agreement may be used by other government agencies. Company has agreed to offer similar serves to other agencies under the same or similar terms and conditions as stated herein except that the revenue share percentage (Compensation) may be negotiated between the Company and other agencies based on the specific revenue expectations, agency reimbursed costs, and other agency requirements. The Client /County/or Client/Protection District will in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of purchase by other agencies.
Signat
ures on following page:
Item 1M - 20
8 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above.
COMPANY:
FIRE RECOVERY USA, LLC.
a California limited liability company
By: ______________________________________
Name: M. Craig Nagler
Title: CEO
CLIENT:
City of Palm Springs
By: ______________________________________
Name: ____________________________________
Title: _____________________________________
Item 1M - 21
1 SCHEDULE A
LIST
OF COMPANY SERVICES
1. Company agrees to bill the responsible party on the Client’s behalf for fire inspection and/or permit services rendered by the Client and recorded and processed by Company. The inspection and/or permit fees are listed in EXHIBIT A, but may change over time. Client will provide notice to Company of changes to its fee schedule.
2. C
ompany
will provide, as a normal matter of business; processing and invoicing of inspections and/or permits and submission to the responsible party for payment, receipts of monies deemed due to the Client, payments of the agreed upon amounts of said monies to Client, and reporting of progress via RecoveryHub.
3. C ompany
agrees to bill to the best of its ability all inspections and/or permits provided to Company by the Client.
4. C ompany
agrees to remit to Client the full amount collected for each inspection or other fee listed in EXHIBIT A less a processing fee not exceeding Seventeen-dollars and Fifty-cents ($17.50) for each paid inspection or other fee listed in EXHIBIT A. Company will also collect Fifty Percent (50%) of any late fee assessed by the Client and paid by the inspection client as compensation for Company’s billing efforts.
5. I f pa
id by credit card, the company will pass along a credit card fee of 3% to the customer as a “convenience fee”. This fee is not charged by the City of Palm Springs and revenues generated by the convenience fee will not be transferred to the City of Palm Springs.
6. C ompany
agrees to pay the funds due to the Client for its inspections and/or permits on a monthly basis, within seven (7) working days after the close and accounting of the monthly billing cycle.
7. C ompany
agrees to make reports available via RecoveryHub, a password protected website, for the Client which will set forth the status of all inspections and/or permits and provide an accounting of all payments and amounts due the Client under the terms of this Agreement.
8. C ompany
will not be responsible for, nor accept any liability for, any erroneous, invalid, or illegal inspections or permits performed by Client.
9. P art
ies acknowledge a critical component to the success of the billing effort is the acquisition by the Client of the necessary contact information for the responsible party at each inspection and/or permit location to whom the invoice will be sent.
10. C li ent wi
ll, to the extent it deems appropriate and necessary, expend the resources and take the required actions to obtain payment for all invoices that remain unpaid after 60 days of the invoice date and arrange for those payments to be forwarded to the Company for processing under the terms of this Agreement.
Item 1M - 22
2 EXHIBIT A
CLIENT ADOPTED FEE SCHEDULE
(See Following Pages)
Item 1M - 23
ATT
ACHMENT C
Item 1M - 24
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
FIRE RECOVERY USA, LLC
2. Address of Entity (Principle Place of Business)
2271 LAVA RIDGE COURT, SUITE 120, ROSEVILLE, CA 95661
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? n Yes n No
5. Type of Entity
O Corporation [8] Limited Liability Company O Partnership O Trust O 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 M CRAIG NAGLER O Officer D Director O Member [8] Manager [name)
O General Partner O Limited Partner
□ Other
RICHARD BENNER O Officer O Director O Member [81 Manager {Revised 05/16/19)
[name)
D General Partner O Limited Partner
D Other
D Officer D Director O Member O Manager
[name)
D General Partner O Limited Partner
D Other
CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1M - 25
------
7. Owners/Investors with a 5% beneficial interest in the APPiicant 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 entitvl
A.
RECOVERYINVESTORS,LLC 51% FIRE RECOVERY USA, LLC
[name of owner/investor] (percentage of beneficial interest in entity and name of entity]
B.
NM NAGLER TRUST 49% FIRE RECOVERY USA, LLC
[name of owner/investor] (percentage of beneficial interest in entity and name of entitvl
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.
s;g
l!R
sc
fJ �
me, Hie Date
Mar 9, 2022
RICHARD B. BENNER, MANAGER/CFO
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1M - 26
ATT
ACHMENT D
Item 1M - 27
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 sl,.1tus, 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 arc 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.
NAME OF CONTRACTOR/VENDOR: R,Qi;. rZt-.<..<J-J{fvv\ lJ1J�) LLC NAME and TITLE of Authorized Representative:
(Print) /UlF�{�2.lj 6, �� rn���
Item 1M - 28
s;gnature and Date of ~hj~ tat;ve,
(Sign) vf/YYY\ / J
~to
(Date) ] 2@ lO?)--
CITY COUNCIL STAFF REPORT
05/26/2022 2. A.
City Clerk -
SUBJECT
DELINQUENT WASTE DISPOSAL CHARGES
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION.” Attachments
Item 2A
CITY COUNCIL STAFF REPORT
DATE: MAY 26, 2022 PUBLIC HEARING
SUBJECT: DELINQUENT WASTE DISPOSAL CHARGES
FROM: Justin Clifton, City Manager
BY: Office of Sustainability
SUMMARY:
In accordance with the Palm Springs Municipal Code, all residential properties must have trash collection services and pay a mandatory waste disposal fee, unless granted an exemption from the City. Annually, the City receives a list from its franchised waste hauler, Palm Springs Disposal Services, of all properties that have not paid their waste disposal fee. In order to collect the unpaid charges, Palm Springs Disposal Services, pursuant to their franchise agreement with the City, has requested that these properties be placed on the County Property Tax Rolls for collection. The waste hauler has made all reasonable efforts to diligently pursue and collect all fees and charges due to them; however, a number of accounts still remain unpaid as indicated in the lis t on file in the City Clerk’s Office. This action is consistent with past practice and the applicable legal requirements.
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA , DETERMINING CERTAIN WASTE DISPOSAL
ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION.”
BACKGROUND:
The City requires all residential properties to have trash collection services and to pay a mandatory waste disposal service fee, unless granted an exemption as provided under Palm Springs Municipal Code Section 6.04.200(d). The collection of trash from al l inhabited properties is essential to maintaining the health and safety of the community at large.
State law authorizes cities to collect trash bills (or, if they wish, only delinquent trash bills) on the tax rolls (Sections 38790.1 and 25831 of the California Government Code). The justification for this is that the provision of trash service does, in the State Legislature’s Item 2A - 1
City Council Staff Report
May 26, 2022 – Page 2
Delinquent Waste Disposal Charges
view, provide value to the real property – specifically, it prevents the property from becoming a nuisance.
STAFF ANALYSIS:
Each year Palm Springs Disposal Services provides a list of all delinquent accounts to the City for placement on the property tax rolls. Collection of delinquent solid waste charges through the tax rolls is authorized under Palm Springs Municipal Code Sectio n
6.04.215, and Sections 38790.1 and 25831 of the California Government Code.
This year, a total of 743 delinquent accounts were identified representing approximately $399,505 in lost revenues to the waste disposal company. A list of all delinquent accounts is available to the public by calling the City Clerk’s Office at (760) 323-8204.
Notification of this hearing was mailed to each property owner on the delinquent list in advance of the 14- day notification deadline. Since the mailing of these notices, Palm Springs Disposal Services has received payment from numerous property owners, reducing the need to lien all properties on the list. City of Palm Springs S taff has also received a considerable volume of calls from property owners and has assisted them in contacting Palm Springs Disposal Service to make payments. Delinquent account holders may contact Palm Springs Disposal until June 10, 2022 at 5 PM to pay the balance due by credit card, check, or cash.
A final list, with any payments, credits and other adjustments received after the public hearing, will be submitted to the County Auditor-Controller’s Office on June 30, 2022. Any account still delinquent after this date will be placed on the County property tax rolls for collection. All amounts collected by the County will be remitted to the City. Palm Springs Disposal Services has agreed to pay the City 10% of the total amount collected as reimbursement of its cost to place these accounts on the tax rolls.
The proposed hearing is consistent with past practice and applicable legal requirements.
Action to collect debts through the tax roll process is a cost effective and efficient method of debt collection. Moreover, if Palm Springs Disposal Services is unable to collect from these delinquent accounts, the service fees for all other customers may have to be increased to cover the bad debt.
ENVIRONMENTAL ASSESSMENT:
Section 15061 (b)(3) of the California Environmental Quality Act (“CEQA”) Guidelines exempts activities that are covered under the general rule that CEQA applies only to projects that have the potential to cause significant effects on the environment. Where it Item 2A - 2
City Council Staff Report
May 26, 2022 – Page 3
Delinquent Waste Disposal Charges
can be seen with certainty that there is no possibility the activity in question may have a significant effect upon the environment, the activity is not subject to CEQA.
FISCAL ANALYSIS:
Because the City receives franchise, administrative, recycling and diversion facili ty fees from Palm Springs Disposal Services, collection from all delinquent accounts should provide additional revenues to the City. In addition, Palm Springs Disposal Services has agreed to pay the City 10% of the total amount collected as reimbursement of its expenses for placing these delinquent accounts on the tax roll.
REVIEWED BY:
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
1. Resolution
2. Notice of Public Hearing
3. Declaration & Letter from Palm Springs Disposal Services
4. List of Delinquent Waste Disposal Charges (On File with City Clerk) Item 2A - 3
ATTACHMENT 1
RESOLUTION
Item 2A - 4
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN
WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND
DIRECTING THE P LACEMENT OF THESE ACCOUNTS ON
THE COUNTY PROPERTY TAX ROLL FOR COLLECTION.
WHEREAS, the City Council has determined that the collection of trash from all inhabited properties is essential to maintaining the health and safety of the community at large; and
WHEREAS, the City of Palm Springs (“City”) requires all residential properties to have trash collection services and to pay a mandatory waste disposal service fee unless granted an exemption as provided under Palm Springs Municipal Code Section
6.04.200(d); and
WHEREAS, the City’s franchised waste hauler, Palm Springs Disposal Services, is required to provide trash collection services to all residential properties regardless of whether payment has been made; and
WHEREAS, in lieu of Palm Springs Disposal Services discontinuing service where accounts become delinquent, the City of Palm Springs has agreed that the collection of delinquent accounts shall, after public hearing thereon, be made in the same manner, and at the same time, as the collection of ad valorem tax assessments; and
WHEREAS, Section 38790.1 of the California Government Code authorizes the City to collect delinquent refuse bills through the placement of a special assessment to be collected with county taxes; and
WHEREAS, pursuant to Section 38790.1 and 25831 of the California Government Code all property owners have been notified of the delinquent account and the public hearing has been noticed and scheduled for May 26, 2022; and
WHEREAS, the City Council, on May 26, 2022, held a duly-noticed public hearing on the delinquent accounts, heard all protests thereto, and found that said accounts were delinquent and should be placed on the tax roll to be collected as ad valorem tax assessments, as provided by California Government Code Section 38790.1 and Section
6.04.215 of the Palm Springs Municipal Code.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Springs, as follows:
Section 1. That Section 6.04.200 of the Palm Springs Municipal Code provides that trash collection services is mandatory, and the City Council hereby finds that the collection of the delinquent waste disposal charges, together with general taxes, is in the best interest of the health and welfare of the community.
Item 2A - 5
Section 2. The list of properties and the amount to be collec ted, on file in the office of the City Clerk, shall be forwarded to the County Auditor -Controller for placement on the tax bill as a special assessment in accordance with the provisions of Section 38790.1 of the Government Code and Section 6.04.215 of the Palm Springs Municipal Code. The list shall be updated prior to submission to the County Auditor - Controller to reflect all payments, credits and any other adjustments as of June 10 , 2022.
ADOPTED THIS 26TH DAY OF MAY, 2022.
Justin Clifton, City Manager
ATTEST:
Monique Lomeli, CMC
Interim City Clerk
Item 2A - 6
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, MONIQUE LOMELI, City Clerk of the City of Palm Springs, h ereby 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 Lomeli, CMC
Interim City Clerk
Item 2A - 7
ATTACHMENT 2
NOTICE OF PUBLIC HEARING
Item 2A - 8
April 23, 2022
Palm Springs Disposal Services, P.O. Box 2711, Palm Springs, CA 92263-2720, (760) 327-1351 Re: Service Address: «CSADRN» «CSSDIR» «CSSTRT» «CSSUFX» «CSAPT» Account #: «CCMPNY»-«CCUST»-«CHKDGT»
County Assessment #: «CVAR3»
Current Amount Due Now: $«AMTDUE»
NOTICE OF PUBLIC HEARING
CITY COUNCIL, CITY OF PALM SPRINGS
PLACEMENT OF DELINQUENT TRASH SERVICE FEES ON THE COUNTY TAX ROLLS «NNOTE»
«CBFNAM» «CBLNAM»
«CBADRN» «CBSDIR» «CBSTRT» «CBSUFX» «CBAPT»
«CBCITY», «CBSTAT» «CBZIP»
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs beginning at 5:30 p.m., on May 26, 2022 to consider the following:
Pursuant to Health and Safety Code Section 5473(a) and Government Code Section 25831, a written report has been filed with the City Clerk of the City of Palm Springs containing a description of each parcel of real property receiving waste disposal service for which payment is delinquent and containing the amount of delinquent waste disposal service charges for each such parcel for the period ending June 30, 2022, computed in conformity with the charges prescribed in Section 6.04.200 of the Palm Springs Municipal Code.
The purpose of the hearing is to determine whether the delinquent waste disposal charges described in said report shall be collected with and not separately from, the general taxes of the City of Palm Springs. This means that, if the delinquent charges are not paid in a timely manner, they may be assessed against the property and collected as a tax lien.
If you wish to protest the charges you may respond to this notice verbally at the public hearing in the manner available and/or in writing before the public hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to:
Monique Lomeli, CMC, Interim City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this matter may be directed to Tracy Sheldon, at [email protected] or (760) 323-8248.
To avoid having a lien placed against your property you must pay the assessment amount directly to Palm Springs Disposal Services by June 10, 2022. When making payment please write ‘LIEN’ on your payment envelope as well as on your payment. Palm Springs Disposal Services, P.O. Box 2711, Palm Springs, CA 92263-2711, (760) 327-1351.
Item 2A - 9
23 de abril de 2022
Palm Springs Disposal Services, P.O. Box 2711, Palm Springs, CA 92263-2720, (760) 327-1351
Re: Dirección de servicio: «CSADRN» «CSSDIR» «CSSTRT» «CSSUFX» «CSAPT» Cuenta #: «CCMPNY»-«CCUST»-«CHKDGT»
Evaluación del Condado #: «CVAR3»
Monto actual a pagar: $«AMTDUE»
AVISO DE AUDIENCIA PÚBLICA
MUNICIPALIDAD DE LA CIUDAD DE PALM SPRINGS
ASIGNACIÓN DE LOS HONORARIOS DEL SERVICIO DE BASURA EN MORA EN LAS LISTAS DE IMPUESTOS
DEL CONDADO
SE NOTIFICA POR LA PRESENTE que el Consejo Municipal de la Ciudad de Palm Springs, California, llevará a cabo una audiencia pública en las cámaras de consejo de la ciudad, 3200 East Tahquitz Canyon Way, Palm Springs a partir de las 17:30 horas el 26 de mayo de 2022 para considerar lo siguiente:
De conformidad con la Sección 5473(a) del Código de Salud y Seguridad y la Sección 25831 del Código de Gobierno, se ha presentado un informe escrito ante el Secretario de la Ciudad de Palm Springs que contiene una descripción de cada parcela de bienes inmuebles que reciben el servicio de eliminación de desechos, cuyo pago está atrasado y que contiene el monto de los cargos por servicio de eliminación de desechos atrasados por cada una de dichas parcelas para el periodo que finaliza el 30 de junio de 2022, calculado de conformidad con los cargos prescritos en la Sección
6.04.200 del Código Municipal de Palm Springs.
El propósito de la audiencia es determinar si los cargos por eliminación de residuos en mora descritos en dicho informe se cobrarán conjuntamente con los impuestos generales de la Ciudad de Palm Springs, y no por separado. Esto significa que, si los cargos en mora no se pagan a tiempo, pueden ser impuestos contra la propiedad y cobrar como un gravamen fiscal.
Si desea protestar los cargos, puede responder a este aviso verbalmente en la audiencia pública de la manera disponible o por escrito antes de la audiencia pública. Se pueden hacer comentarios por escrito al Consejo de la Ciudad por carta (por correo o con entrega en mano) a:
Monique Lomeli, CMC, Secretario Interino de la Ciudad
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
En dicha audiencia se dará la oportunidad a todos los interesados de expresarse. Las preguntas sobre este asunto pueden dirigirse a Tracy Sheldon a [email protected] o (760) 323-8248.
Para evitar que se ponga un gravamen sobre su propiedad, debe pagar la cantidad de la evaluación directamente a Palm Springs Disposal Services antes del 10 de junio de 2022. Cuando haga el pago, escriba "LIEN" en su sobre de pago, así como en su pago. Palm Springs Disposal Services, P.O Box 2711, Palm Springs, CA 92263-2711, (760) 327-1351.
Item 2A - 10
ATTACHMENT 3
DECLARATION & LETTER FROM PALM SPRINGS DISPOSAL
SERVICES
Item 2A - 11
Palm Springs Disposal Services
4690 East Mesquite Avenue
P.O. Box 2711
Palm Springs, California 92262-2711
760-327-1351
April 22, 2022
Ms. Nancy Pauley
Director of Finance and Treasurer
City of Palm Springs
P. O. Box 2743
Palm Springs CA 92263-2743
Regarding Property Tax Liens
Dear Ms. Pauley
Enclosed are items you require with regard to placing accounts in arrears on the tax roll for collection, and for the Public Hearing scheduled on May 26, 2022
1. An Affidavit certifying the mailing of notice to accounts in arrears.
2. PDF copy dated April 22, 2022, listing the accounts in arrears, which we are submitting for presentation to the City Council.
3. We submit the proposed accounts and request that arrears be placed on the property tax rolls for collection. Any payments received will be applied aga inst the arrears up to the deadline established for the County submittal. If arrears are paid in full and received prior to the deadline, the account will be removed from the final County Rolls.
April 22, 2022 total accounts: 743 total due: $ 401,481.43
Della Roop
Office /HR Manager
Item 2A - 12
--.....___ __
l, Della Roop, declare as follows: I am an employee of Palm Springs Disposal Services Inc., over the age of 18. My business address is 4690 E. Mesquite Ave., P.O. Box 2720, Palm Springs, California, 92263-2711. On April 22, 2022 served the attached:
NOTICE OF FILING REPORT AND NOTICE OF HEARING RE: COLLECTION OF DELINQUENT WASTE DISPOSAL CHARGES WITH GENERAL TAXES by placing a copy thereof, postage paid, in an envelope addressed to each of the persons listed and at the addresses shown on that certain document entitled” List All Tax Roll Candidates" for the City of Palm Springs as of this date — April 22, 2022 a copy of which is on file with the Finance Department, City of Desert Hot Springs, CA, and placed each of said envelopes for mailing in the United States Post Office at Palm Springs, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at Palm Springs, California on April 22, 2022.
(Signature)
Item 2A - 13
ATTACHMENT 4
LIST OF DELINQUENT WASTE DISPOSAL CHARGES
(ON FILE WITH CITY CLERK)
Item 2A - 14
CITY COUNCIL STAFF REPORT
05/26/2022 2. B.
City Clerk -
SUBJECT
AN APPEAL BY GEORGE YOUSEF (DBA PALM SPRINGS CAR WASH) OF THE
DECISION BY THE PLANNING COMMISSION TO DENY A CONDITIONAL USE
PERMIT (CUP) TO ALTER THE HOURS FOR OFF-PREMISES ALCOHOL SALES IN A RETAIL STORE LOCATED AT 300 NORTH INDIAN CANYON DRIVE, ZONE REO, SECTION 14 (CASE 5.1461 CUP)
RECOMMENDATION:
Open the appeal hearing and receive testimony.1.
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY GEORGE YOUSEF, (DBA PALM SPRINGS CAR WASH) AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A
CONDITIONAL USE PERMIT (CUP) TO ALTER THE HOURS FOR
OFF-PREMISES ALCOHOL SALES IN A RETAIL STORE LOCATED AT 300 NORTH INDIAN CANYON DRIVE, ZONE REO, SECTION 14. (CASE 5.1461 CUP);” or
2. Alternatively, adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE APPEAL BY GEORGE YOUSEF, (DBA PALM SPRINGS CAR WASH) OF THE PLANNING COMMISSION’S DENIAL DECISION AND APPROVING A
CONDITIONAL USE PERMIT (CUP) TO ALTER THE HOURS FOR
OFF-PREMISES ALCOHOL SALES IN A RETAIL STORE LOCATED AT 300 NORTH INDIAN CANYON DRIVE, ZONE REO, SECTION 14. (CASE 5.1461 CUP).”
3. Attachments
Item 2B
CITY COUNCIL STAFF REPORT
DATE: MAY 26, 2022 PUBLIC HEARING
SUBJECT: AN APPEAL BY GEORGE YOUSEF (DBA PALM SPRINGS CAR WASH)
OF THE DECISION BY THE PLANNING COMMISSION TO DENY A
CONDITIONAL USE PERMIT (CUP) TO ALTER THE HOURS FOR OFF - PREMISES ALCOHOL SALES IN A RETAIL STORE LOCATED AT 300 NORTH INDIAN CANYON DRIVE, ZONE REO, SECTION 14 (CASE
5.1461 CUP)
FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:
This a request for the City Council to consider an appeal by George Yousef, owner of the Palm Springs Car Wash, relative to the decision made by the Planning Commission to deny a Conditional Use Permit (CUP) to extend operational hours for the sale of alcohol for off-site consumption at a retail store. The current CUP limits alcohol sales to 6:00 AM to 12:00 AM and the owner wishes to extend sales by two (2) hours until 2:00 AM. Sales take place at an existing 975- square foot retail space that includes the sale of snacks, beverages and other items commonly found in a convenience store. Staff recommended approval of the request to the Planning Commission subject to conditions ; however, the Planning Commission voted 5-1 (Roberts – No) to deny the application at its April 13, 2022 meeting.
RECOMMENDATION:
1. Open the appeal hearing and receive testimony; and
2. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY GEORGE
YOUSEF, (DBA PALM SPRINGS CAR WASH) AND UPHOLDING THE
DECISION OF THE PLANNING COMMISSION TO DENY A CONDITIONAL USE
PERMIT (CUP) TO ALTER THE HOURS FOR OFF -PREMISES ALCOHOL SALES IN A RETAIL STORE LOCATED AT 300 NORTH INDIAN CANYON DRIVE, ZONE REO, SECTION 14. (CASE 5.1461 CUP);” or
3. Alternatively, adopt Resolution No. _____, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, APPROVING THE Item 2B - 1
City Council Staff Report
May 26, 2022 – Page 2
5.1461 CUP – PS Car Wash Appeal
APPEAL BY GEORGE YOUSEF, (DBA PALM SPRINGS CAR WASH) OF THE PLANNING COMMISSION’S DENIAL DECISION AND APPROVING A
CONDITIONAL USE PERMIT (CUP) TO ALTER THE HOURS FOR OFF - PREMISES ALCOHOL SALES IN A RETAIL STORE LOCATED AT 300 NORTH INDIAN CANYON DRIVE, ZONE REO, SECTION 14. (CASE 5.1461 CUP).”
BUSINESS PRINCIPAL DISCLOSURE:
George Yousef is the sole proprietor of the business. S ee attached Business Disclosure Form included as Attachment K.
BACKGROUND INFORMATION:
Related Relevant City Actions by Planning, Fire, Building, etc. 1950 Original building constructed as an automobile service station. 6/26/2019 Planning Commission approved a CUP to allow sales of alcoholic beverages as part of a convenience store and car wash.
3/23/2022
Planning Commission conduct ed a public hearing and continue d the discussion to a date certain of April 13, 2022 to allow Staff to conduct research.
4/13/2022 Planning Commission voted 5-1 to deny the request to extend hour s of alcohol sales past midnight.
Ownership
Parcel is allotted trust land owned by a Tribal Member. George Yousef holds the land lease.
Neighborhood Meeting/Neighborhood Notice
5/12/2022
Notice of public hearing mailed to addresses within 500-feet of the site, notifying that the subject application would be considered by the City Council at a public hearing on May 26, 2022.
5/12/2022 Notice emailed to Neighborhood Organizations within one mile of the project site.
5/13/2022 Notice of public hearing published in the local newspaper.
Field Check
03/2022 Staff visited site to observe existing conditions
Details of Application Request
Site and Building Area
Overall Site 30,927-square feet
Retail Store 975-square feet
Item 2B - 2
I
City Council Staff Report
May 26, 2022 – Page 3
5.1461 CUP – PS Car Wash Appeal
PROJECT DESCRIPTION AND EXISTING OPERATIONS:
The S
ection 14 Specific Plan, Table 6-1, lists allowable uses per Land Use Category and permits food and beverage sales in the REO Zone. The sale of alcohol for off-premise consumption at an existing business is permissible with a Conditional Use Permit (CUP).
The Palm Springs Zoning Code (PSZC) Section 94.02.00 provides guidelines for the review and amendment of a CUP which is intended for those types of land uses which require special consideration to protect property values, health, safety, and welfare of the community.
The business operations at 300 North Indian Canyon Drive are owned by the applicant and provide a range of services including a fueling station, automobile repair, and a small retail shop as part of the waiting room for the car wash. The owner updated the existing waiting room and retail store, adding a convenience component with the sale of alcoholic beverages, in 2019. Currently, the store operates 24- hours per day with fueling and the convenience store open at all times , however, alcohol sales are limited to the hours of 6:00 AM to 12:00 AM. The store is locked at midnight and all transactions after 12:00 AM take place through a secure window in the front façade. The owner has hired a security company to patrol the site approximately two (2) times per night.
The Planning Commission approved a Conditional Use Permit to include a Type 21 (Off- Sale General) to allow sales of alcoholic beverages as part of a convenience component of the existing Palm Springs Car Wash. The approved hours for alcoholic beverage sales as conditioned are from 6:00 AM to 12:00 AM. The applicant would like to expand the sale hours until 2:00 AM daily. Staff has contacted the Palm Springs Police Department (PSPD) to review records relative to complaints and found that there have been several complaints regarding homeless individuals and thefts in the past two years.
The Section 14 Specific Plan requires off -street parking to be calculated as one space per 250-square feet of retail which results in the requirement of four (4) spaces, which are provided on-site. The amendment proposes no expansion of floor area or intensification of the use; therefore, no additional parking would be required under the zoning code.
Relative to security requirements, t he existing site conforms to Section 93.23.0 1 Automobile Service Stations – Liquor Sales by providing video surveillance throughout the retail store and on the service station grounds. The video equipment records 24-hours a day with tape being available should the Palm Springs Police Department request. In addition, the business owner has hired a security firm to conduct nightly patrols of the property and is available for on- call services as needed. C ondition of A pproval PLN 3 from the CUP approval states that these security measures must remain in place.
APPELLANT’S REQUEST:
A f
ormal letter of appeal was filed by George Yousef on April 21, 2022 requesting that the City Council overturn the decision of the Planning Commission and allow the business to Item 2B - 3
City Council Staff Report
May 26, 2022 – Page 4
5.1461 CUP – PS Car Wash Appeal
sell alcohol beyond midnight (Attachment J). In his letter, Mr. Yousef presents additional comments in four (4) points stating that he believes the City Council should reconsider the Planning Commission action and approve the additional two (2) hours of alcohol sales. Mr. Yousef states the following four (4) points:
1. Location in business district of North Indian Canyon Drive. This location is central to the downtown area of Palm Springs. Our location is surrounded by hotels and restaurants. Many of the employees of these establishments have their work shift end at about 12 PM. It is convenient for them to purchase products to take home during the 12 AM – 2 AM time period. We are asking for an opportunity to compete for this business.
2. Reputation. As a business owner in Palm Springs with over 20 years, I have held a liquor license at different locations, including this one, a liquor store on Sunrise Way, and a gas station/convenience store on North Palm Canyon Drive.
Throughout this time, we have been extremely diligent to observe all legal requirements. We have an excellent relationship with the Palm Springs Police Department and look forward to continuing that association.
3. Issues with staffing and lighting. We have been told that our lighting i s not adequate. Please see the attached photos which show that the lighting is indeed adequate. Furthermore, we would be open to making additional changes in lighting if our current lighting is somehow inadequate. With regard to staffing, an issue came up as to selling through a window during the 12 am – 2 am time period. We are willing to staff the store so that customers can enter the store to make their purchases. Additionally, this would allow us to provide more employees with the opportunity to earn a living from our business.
4. Inconsistent treatment. We are concerned that we have been unfairly denied the accommodation with other businesses have been granted approval for the same request. An example would be the BevMo Liquor store, located at 333 S. Pal m Canyon Drive. This store has been allowed to stay open until 2 AM, even including delivery service to that time. It is troubling that a local business owner with years of experience and loyalty to Palm Springs cannot receive the same accommodation as a national chain business with no ties to the community.
PLANNING COMMISSION ACTION:
The Planning Commission reviewed the project on March 23, 2022 and continued the public hearing to a date certain of April 13, 2022, and instructed Staff to provide additional information relative to hours of operation for similar stores in the City. The Planning Commission voted 5-1 (Roberts – No) to deny the Conditional Use Permit (CUP) stating that findings #2 and #3 could not be met per Section 94.02.00 of the Palm Springs Zoning Code. The Planning Commission must make five (5) findings to approve a CUP. Of these findings, the Commission determined that findings #2 and # 3 could not be made for the Item 2B - 4
City Council Staff Report
May 26, 2022 – Page 5
5.1461 CUP – PS Car Wash Appeal
Project as follows:
2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located.
Located in the Retail -Entertainment-Office land use category in the Section 14 Specific Plan and across the street from the Central Business District along North Indian Canyon Drive, the proposed sale of off-premises alcohol is an ancillary use to the main retail store. The Planning Commission determined that the proposed extended hours are inconsistent with other service-oriented land uses found in the neighborhood and has the potential to be unharmonious with nearby businesses.
3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood.
The subject site was built in the early 1950’s and has operated as a fueling service station for many years. The car wash waiting room and retail store selling liquor equals 975-square feet within the larger automobile service center. The Planning Commission determined that the physical location of the small building setback approximately fifty (50) feet from the street is inconsistent with similar convenience stores with a visible presence within a shopping center, at a corner of a Major Throughfare, or attached to a well-lit fueling canopy. The distance of the store from North Indian Canyon Drive does not provide a secure location for transactions and a clear line of sight for securit y patrols. In summary, the Planning Commission could not make the finding for this condition of approval based on the following:
• T he use of a pass -through window after midnight to sell alcohol and other products is inconsistent with other stores selling late night; and • T he physical layout of the site with the store setback from the street is not well- lit and could be a safety issue.
Additional background is provided in the staff reports and Planning Commission meeting minutes, which are included as attachments to this report.
ENVIRONMENTAL ANALYSIS:
This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities exemption).
Item 2B - 5
City Council Staff Report
May 26, 2022 – Page 6
5.1461 CUP – PS Car Wash Appeal
CONCLUSION:
The Planning Commission could not make the required findings to approve the amendment to the Conditional Use Permit to extend the hours of alcohol sales due to inconsistency with other area businesses and security issues. Upon conclusion of the public hearing and review of all applicable testimony, the City Council may approve the request to extend the hours of operation and overturn the decision of the Planning Commission or may deny the request based on the inability to make the required findings pursuant to PSZC Section 94.02.00.
REVIEWED BY:
Assistant Planning Director: David A. Newell
Deputy City Manager Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Vicinity Map
B. Draft Resolution – Denying Appeal
C. Draft Resolution – Approving Appeal
D. Conditions of Approval
E. Planning Commission Resolution #6912
F. Excerpt of Planning Commission minutes 3-23-22
G. Draft excerpt of Planning Commission minutes 4-13-22 H. Planning Commission Staff Report for 3-23-22 meeting I. Planning Commission Staff Report for 4-13-22 meeting J. Appeal letter received 4-21-22
K. Public Integrity Disclosure Form.
L. Site Photos
M. Site Plan and Interior Floor Plans
Item 2B - 6
ATTACHMENT A
Item 2B - 7
Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
5.1461 CUP Amend
Palm Springs Car Wash
300 North Indian Canyon Drive
(APN: 508-031-021)
Item 2B - 8
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ATTACHMENT B
Item 2B - 9
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS CALIFORNIA APPROVING THE APPEAL BY
GEORGE YOUSEF, (DBA: PALM SPRINGS CAR WASH) OF
THE PLANNING COMMISSION DENIAL DECISION AND
APPROVING A CONDITIONAL USE PERMIT (CUP) TO
ALTER THE HOURS FOR OFF -PREMISES ALCOHOL SALES
IN A RETAIL STORE LOCATED AT 300 NORTH INDIAN
CANYON DRIVE, ZONE REO, SECTION 14. (CASE 5.1461
CUP)
THE CITY COUINCIL FINDS AND DETERMINES AS FOLLOWS:
A. George Yousef, Owner, (DBA: Palm Springs Car Wash) (“Applicant”) has filed an amendment to an approved Conditional Use Permit application with the City pursuant to Section 94.02.00 of the Palm Springs Zoning Code (PSZC) and the Section 14 Specifi c Plan to alter the hours for off-premises sale of alcohol beverages by two (2) hours as an ancillary use to a retail store as part of a full service car wa sh located at 3 00 North Indian Canyon Drive, Zone REO, Section 14, APN#: 508-031-014.
B. On March 23 , 2022, and April 13, 2022, a public hear ing on the a pplication to consider Case 5.1461 CUP was held by the Plan ning Commission in accordance with applicable law, and the Planning Commission voted 5-1 to deny the application based on not being able to make findings #2 and #3 that the proposed us e is necessary or desirable for the development of the community and in harmony with the various elements of the general plan.
C. On April 21, 2022, George Y ousef, Owner filed an appeal to the City Council of the April 13 , 2022, Planning Commission’s decision to deny Case 5.1 461 CUP in accordance with applicable law.
D. A notice of public hearing of the City Council of the City of Palm Springs to consider Case 5.1461 CUP was given in accordance with applicable law.
E. On May 26, 2022, the City Council of the City of P alm Springs, California, held a public hearing on the Planning Commission decision to deny Case 5.1544 CUP, in accordance with applicable law.
F. The City Council has ca refully reviewed and considered all of the evidence presented in connection with the proj ect, including, but not limited to, the staff report, and all written and oral testimony presented.
D. The proposed project is considered a “project” pursuant to the t erms of the California Environmental Quality Act (“ CEQA”) and has been determ ined to be Item 2B - 10
Resolution No.
Page
Categorically Exempt as a Class I exem ption ( Existing Facilities ) pursuant to Section 15301 of the CEQA Guidelines.
E. Section 94.02 .00 of the Palm Springs Zoning Code (PSZC) requires that the following five conditions be met in order to a pprove a Conditional Use Permit. The City Council made the following findings relative to this use.
1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code.
Pursuant to Section 14 Specific Plan the off-premises sale of alcohol as an ancillary use to an existing food and beverage business is permitted with the approval of a Conditional Use Permit. The amendment to increase sale hours will not change the original intent of the Conditional Use Permit and the finding has been met. In addition, Section 93.23.01(m) of the PSZC permits liquor sales as and ancillary use to a service station with security measures in place as listed in the attached conditions of approval.
2. That the use is necessary or desirable for the development of the community, i s in harmony with the various elements of objectives of the general plan and is not detrimental to existing uses or to future uses specifically permitted in the z one in which the proposed use is to be located.
Located in the Retail -Entertainment-Office land use category in the Section 14 Specific Plan and across the street from the Central Business District along North Indian Canyon Drive the proposed sale of off -premises alcohol as an ancillary use to the main retail store is consistent with other service-oriented land uses found in the neighborhood. The convenience use is harmonious with the objectives of the Section 14 Specific Plan by focusing activity servicing residents and tourists along North Indian Canyon Drive which is separate but linked to downtown Palm Springs. With the amended Conditions of Approval stated in Exhibit A of this report, the development and operation of the off - premises sale of alcohol with increased hours will not create detrimental effects on the site and its vicinity with measures in place, such as providing security and limiting access into the business after midnight. With these measures in place the project will be harmonious with the neighborhood and the finding has been met.
3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood.
The subject site was built in the early 1950’s has operated as a fueling service station for many years. The updated car wash waiting room and retail store equaling 975- square feet with in the larger automobile service center conforms to the development standards of the REO zone in terms of setbacks and building height. The retail space is adequate for the off -sale alcohol beverage sales and will be located within the 975- square foot spac e. The existing parking lot provides adequate off -street parking Item 2B - 11
Resolution No.
Page
including the available stacking for the car wash and the finding has been met.
4. That the site for the proposed use relates to streets and highways properly designed and improved t o carry the type and quantity of traffic to be generated by the proposed use.
The project site is located at the corner of North Indian Canyon Drive which is a designated Major Thoroughfare as identified in the Circulation Element of the Palm Springs General Plan and the intersecting Amado Road. Both streets provide access to the corner site. The existing auto fuel pumps, vehicle repair shop and car wash are well integrated, and the site circulation provides good access to adjacent streets. The impact of the proposed increase in sale hours for off -premises consumption of alcohol is an ancillary use to the main car wash retail store will not have a significant effect on adjacent streets.
5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone’s property development standards.
Conditions of Approval will be imposed to ensure that the health, safety, and welfare of the public will not be adversely affected by the proposed off -premises sale of alcohol as part of a retail store with increased hours from 6:00 AM to 2:00 AM. The conditions, which are stated in Exhibit A of this report, including requirements providing securit y measures.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HE REBY RESOLVE AS FOLLOWS:
SECTION 1.
That the foregoing Recit als are tru e and correct and are incorporated herein by this reference.
SECTION 2.
That the City Council approves the appeal to o verturn the denial decision of the Planning Co mmission and approves the project subject to the conditions of approval included in Exhibit A, for a two (2) hour extension of alcohol sales until 2:00 AM daily at the Palm Springs Car Wash located at 300 N Indian Canyon Way , Zone CBD.
ADOPTED this 26th day of May, 2022.
Justin Clifton
City Manager
Item 2B - 12
Resolution No.
Page
ATTEST:
Monique M. Lomeli
Interim City Clerk
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
Interim City Clerk
Item 2B - 13
ATTACHMENT C
Item 2B - 14
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS CALIFORNIA DENYING THE APPEAL BY
GEORGE YOUSEF, (DBA: PALM SPRINGS CAR WASH) AND
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION TO DENY A CONDITIONAL USE PERMIT
(CUP) TO ALTER THE HOURS FOR OFF -PREMISES
ALCOHOL SALES IN A RETAIL STORE LOCATED AT 300
NORTH INDIAN CANYON DRIVE, ZONE REO, SECTION 14.
(CASE 5.1461 CUP).
THE CITY COUINCIL FINDS AND DETERMINES AS FOLLOWS:
A. George Yousef, Owner, (DBA: Palm Springs Car Wash) (“Applicant”) has filed an amendment to an approved Conditional Use Permit application with the City pursuant to Section 94.02.00 of the Palm Springs Zoning Code (PSZC) and the Section 14 Specifi c Plan to alter the hours for off-premises sale of alcohol beverages by two (2) hours as an ancillary use to a retail store as part of a full service car wa sh located at 3 00 North Indian Canyon Drive, Zone REO, Section 14, APN#: 508-031-014.
B. On March 23 , 2022, and April 13, 2022, a public hear ing on t he application to consider Case 5.1461 CUP was held by the Plan ning Commission in accordance with applicable law, and the Planning Commission voted 5-1 to deny the application based on not being able to make findings #2 and #3 that the proposed us e is necessary or desirable for the development of the community and in harmony with the various elements of the general plan.
C. On April 21, 2022, George Y ousef, Owner filed an appeal to the City Council of the April 13 , 2022, Planning Commission’s decision to deny Case 5.1 461 CUP in accordance with applicable law.
D. A notice of public hearing of the City Council of the City of Palm Springs to consider Case 5.1461 CUP was given in accordance with applicable law.
E. On May 26, 2022, the City Council of the City o f Palm Springs, California, held a public hearing on the Planning Commission decision to deny Case 5.1544 CUP, in accordance with applicable law.
F. The City Council has ca refully reviewed and considered all of the evidence presented in connection with the project , including, but not limited to, the staff report, and all written and oral testimony presented.
D. The proposed project is considered a “project” pursuant to the t erms of the California Environmental Quality Act (“ CEQA”),and has been determined to be Item 2B - 15
Resolution No.
Page
Categorically Exempt as a Class I exem ption ( Existing Facilities ) pursuant to Section 15301 of the CEQA Guidelines.
THE CITY COUNCIL HEREBY RESOLVES:
SECTION 1.
Section 94.02.00 of the Palm Springs Zoning Code (PSZC) requires that the following five conditions be met in order to approve a Conditional Use P ermit. The City Council made the following findings relative to this use.
1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code.
2. T hat the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located.
Located in the Retail-Entertainment-Office land use category in the Section 14 Specific Plan and across the street from the Central Business District along North Indian Canyon Drive the proposed sale of off -premises alcohol as an anc illary use to the main retail store. The City Council has determined that the proposed extended hours is inconsistent with other service-oriented land uses found in the neighborhood and has the potential to be unharmonious with nearby businesses.
3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to a djust such use to those existing or permitted future uses of land in the neighborhood.
The subject site was built in the early 19 50’s and has operated as a fueling service station for many years. The car wash waiting room and retail store selling liquor equals 975-square feet within the larger automobile servi ce center.
The City Council has determined that the physical location of the small building setback approximately fifty (50) feet from the st reet is inconsistent with similar convenience stores with a visible presence within a shopping center, at a cor ner of a Major Throughfare, or attached to a well- lit fueling canopy. The location of the store is not adequately placed closer to North Indian Canyon Drive providing a secure location for tran sactions and a clear line of sight for security patrols.
Based upo n the ph ysical layout of the site the City Council cannot make the finding.
4. That the site for the proposed use relates to the streets and highways properly designed and improve d to carry the type an d quantity of traffic to be generated by the proposed use.
Item 2B - 16
Resolution No.
Page
5. That
the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone’s property development standards.
SECTION 2.
Bas
ed upon the foregoing, the City Council hereby denies Case 5.1461 CUP, a conditional use permit amendment to extend the hours of alcohol sales from 12:00 AM to 2:00 AM for the Palm Springs Car Wash located at 300 North Indian Canyon Drive.
ADOPTED this 26th day of May, 2022.
Ju stin Clifton
City Manager
ATTEST:
Monique M. Lomeli
Interim City Clerk
Item 2B - 17
Resolution No.
Page
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
Interim City Clerk
Item 2B - 18
ATTACHMENT D
Item 2B - 19
RESOLUTION NO.
EXHIBIT A
Case 5.1461 CUP Amendment
Palm Springs Car Wash
300 North Indian Canyon Drive
May 26, 2022
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services , the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description . This approval is for the project described per Case
5.1461 CUP, except as modified the conditions below.
ADM 2. Reference Documents . The site s hall be developed and maintained in accordance with the approved plans date stamped November 29, 2018 and on file in the Planning Division except as modified by the conditions below.
ADM 3. Conform to all Codes and Regulations . The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner , lessee, applicant and successors and assigns (collectively "applicant") shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1461 CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Item 2B - 20
Resolution No.
Conditions of Approval Page 2 of 3
5.1461 CUP – Palm Springs Car Wash May 26, 2022
Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applic ant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.
ADM 6. Time Limit on Commencement of Use. The time limit for commencement of the use authorized by this conditional use permit shall be two (2) years from the effective date of approval. A conditional use permit shall become effective after an elapsed period of fifteen (15) days from the date of the decision by the commission authorizing the permit.
ADM 7. Right to Appeal . Decisions of an administrative officer or agency of the City of Palm Springs may be appe aled in accordance with Municipal Code Chapter 2.05. Permits will not be issued until the appeal period has concluded.
ADM 8. Cause No Disturbance. The owner shall monitor walkways and adjoining properties and shall take all necessary measures to ensure that cust omers do not loiter, create noise, litter, or cause any disturbances while on- site. The owner and operator shall ensure that at closing time, all customers leave the property promptly and that the property is clean and secure before the owner/operator l eaves t he p remises. The Police Chief, based upon complaints and/or other cause, may require on- site security officers to ensure compliance with all City, State, and Federal laws and conditions of approval.
Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution.
ADM 9. Grounds for Revocation. Non -compliance with any of the conditions of this approval or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Building and Safety, may result in proceedings to revo ke the Conditional Use Permit.
In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with the law.
ADM 10. Comply with City No ise Ordinance. This use and property shall comply with the provisions of Chapter 11.74 (Noise Ordinance) of the Palm Springs Item 2B - 21
Resolution No.
Conditions of Approval Page 3 of 3
5.1461 CUP – Palm Springs Car Wash May 26, 2022
Municipal Code. Violations may result in revocation of this Conditional Use Permit (CUP).
Ordinance Time of Day Ordinance dBA Limits
7:00 AM to 6:00 PM 60
6:00 PM to 10:00 PM 55
10:00 PM to 7:00 AM 50
ADM 11. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Alcohol Sales. The Conditional Use Permit authorizes the sale of beer, wine and distilled spirits for off-premises consumption as part of a retail store ancillary to the full-service car wash. Sales shall be prohibited to minors.
PLN 2. Hours of Operati on. Th is CUP will amend the operating hours to 6 :00 AM until 2:00 AM, seven (7) days a week.
PLN 3. Security. Business to maintain a vid eo surveillance system throughout the property with tapes made available to the Palm Springs Police Department upon request. In addition , the owner to maintain a contract with Maxwell Security Service to provide nightly patrol s of the property and be available for on call services with a response time of ten (10) to fifteen (15) minutes should problems arise.
PLN 4. All conditions previously approved as part of Resolut ion #6754 adopted on June 26, 2019, shall remain in effect. Any future modifications to the operation shall require an amendment to this Conditional Use Permit.
END OF CONDITIONS
Item 2B - 22
ATTACHMENT E
Item 2B - 23
Item 2B - 24
, -,,
.J
-',
RESOLUTION NO. 6912
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DENYING . AN
AMENDMENT TO AN APPROVED CONDITIONAL USE
PERMIT (CUP) TO ALTER THE HOURS FOR OFF
PREMISES SALE OF ALCOHOL BEVERAGES IN A RETAIL
STORE AT THE PALM SPRINGS CAR WASH LOCATED AT
300 NORTH PALM CANYON DRIVE, ZONE REO. (CASE NO
5.1461 CUP)
THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:
A. George Yousef, Owner, (OBA: Palm Springs Car Wash) ("Applicant") has filed an amendment to an approved Conditional Use Permit application with the City pursuant to Section 94.02.00 of the Palm Springs Zoning Code (PSZC) and the Section 14 Specific Plan to alter the hours for off-premises sale of alcohol beverages by two (2) hours as an ancillary use to a retail store as part of a full service car wash located at 300 North Indian Canyon Drive, Zone REO, Section 14, APN#: 508-031-014.
8. The Section 14 Specific Plan land use designation for the subject parcel is Retail Entertainment-Office (REO) which permits food and beverage sales with the approval of a Conditional Use Permit for off-premises sale of alcohol beverages, pursuant to Section 94.02.00 of the Palm Springs Zoning Code.
C. On June 26, 2019, the Planning Commission approved Resolution #6754 granting a Conditional Use Permit for a Type 21 ABC liquor license with hours from 6:00 AM to 12:00 AM.
D. Notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1461, an amendment to an approved Conditional Use Permit (CUP), was given in accordance with applicable law.
D. On March 23, and April 13, 2022 the Planning Commission held a public hearing for an application to amend the Conditional Use Permit to increase the sale hours for alcoholic beverages from 6:00 AM to 2:00 AM and in accordance with applicable law.
E. The proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA") and has been determined to be Categorically Exempt as a Class I exemption (Existing Facilities) pursuant to Section 15301 of the CEQA Guidelines.
F. The Planning Commission has 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 presented.
Item 2B - 25
Planning Commission Resolution No. 6912
Case 5.1461 CUP -300 N. Indian Canyon Drive
THE PLANNING HEREBY RESOLVES:
SECTION 1.
April 13, 2022
Section 94.02.00 of the Palm Springs Zoning Code (PSZC) requires that the following five conditions be met in order to approve a Conditional Use Permit. The Planning Commission made the following findings relative to this use.
1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code.
2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located.
Located in the Retail-Entertainment-Office land use category in the Section 14 Specific Plan and across the street from the Central Business District along North Indian Canyon Drive the proposed sale of off-premises alcohol as an ancillary use to the main retail store. The Planning Commission has determined that the proposed extended hours are inconsistent with other service-oriented land uses found in the neighborhood and has the potential to be unharmonious with nearby businesses.
3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood.
The subject site was built in the early 1950's and has operated as a fueling service station for many years. The car wash waiting room and retail store selling liquor equals 975-square feet within the larger automobile service center.
The Planning Commission has determined that the physical location of the small building setback approximately fifty (50) feet from the street is inconsistent with similar convenience stores with a visible presence within a shopping center, at a corner of a Major Throughfare, or attached to a well-lit fueling canopy. The location of the store is not adequately placed closer to North Indian Canyon Drive providing a secure location for transactions and a clear line of sight for security patrols. Based upon the physical layout of the site the Planning Commission cannot make the finding.
4. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use.
Item 2B - 26
Planning
Commission
Resolution
No.
6912
Case
5.1461
CUP
-
300
N.
Indian
Canyon
Drive
April
13,
2022
Page
3 of
3 5.
That
the
conditions
to
be
imposed
and
shown
on
the
approved
site
plan
are
deemed
necessary
to
protect
the
public
health,
safety
and
general
welfare
and
may
include
minor
modification
of
the
zone's
property
development
standards.
SECTION
2. Based
upon
the
foregoing,
the
Planning
Commission
hereby
denies
Case
5.1461
CUP,
a
conditional
use
permit
amendment
to
extend
the
hours
of
alcohol
sales
from
12:00
AM
to
2:00
AM
for
the
Palm
Springs
Car
Wash
located
at
300
North
Indian
Canyon
Drive.
ADOPTED
this
13th
day
of
April,
2022.
AYES: NOES:
AYLAIAN,
HIRSCHBEIN,
MILLER,
MORUZZI,
WEREMIUK
ROBERTS
ABSENT:
ERVIN
ATTEST: Edward
Robertson
Principal
Planner
CITY
OF
PALM
SPRINGS,
CALIFORNIA
ATTACHMENT F
Item 2B - 27
EXCERPT OF MINUTES
At the Planning Commission meeting of the City of Palm Springs , held March 23, 20 22, the Planning Commission made the following decision:
2B. GEORGE YOUSEF (DBA: PALM SPRINGS CAR WASH) FOR AN
AMENDMENT TO A CONDITIONAL USE PERMIT TO ALTER THE
HOURS FOR OFF-PREMISES ALCOHOL SALES IN A RETAIL STORE
LOCATED IN SECTION 14, AT 300 NORTH INDIAN CANYON DRIVE, ZONE REO, (CASE 5.1461 CUP). (GM)
Assistant Planner Perez narrated a PowerPoint presentation with details of the proposed project.
Discussion followed regarding alcohol sales, on-call security, sign permit for building sign, security response time, whether there are similar stores in the City selling alcohol through windows and the need to consider liquor store saturation levels.
Vice Chair Roberts opened the public hearing.
George Yousef provided details about security patrols during the day and evening hours
There being no further speakers the public hearing was closed.
Commissioner Aylaian expressed concern about criminal incidents increasing in the downtown area and hoped the applicant could develop a security plan that would ensure a prompt response time.
Commissioner Moruzzi reminded the Commission that the Police Department had no objection to the additional hours requested.
Chair Weremiuk agreed with Commission Aylaian; and expressed concern that no saturation information is available and suggested continuing the item until such information is available.
Vice Chair Roberts said it would be helpful to have input from the Police Department about crime levels that occur on certain timeframes during the evening hours and agreed with the need to obtain more information.
Commissioner Ervin noted the Police Department has already signed off on the project.
Assistant Planning Director Newell provided information regarding the number of alcohol licenses within the subject census tract.
Item 2B - 28
Planning Commission Minutes - Excerpt
City of Palm Springs
March 23, 2022
2 ACTION: Weremiuk, seconded by Roberts to continue to date certain of Wednesday, April 13, 2022, and direct staff to provide additional information on liquor license saturation and operational hours of other off-sale licensees.
AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MILLER, MORUZZI, ROBERTS, WEREMIUK NOES: NONE
I, GLENN MLAKER, ASSOCIATE PLANNER for the City of Palm Springs, hereby certify that the above action was taken by the Planning Commission of the City of Palm Springs on the 23rd day of March, 2022.
___________________________________
Glenn Mlaker, AICP
Associate Planner
Item 2B - 29
ATTACHMENT G
Item 2B - 30
DRAFT EXCERPT OF MINUTES
At the Planning Commission meeting of the City of Palm Springs, held April 13, 2022, the Planning Commission made the following decision:
2A. GEORGE YOUSEF (DBA: PALM SPRINGS CAR WASH) FOR AN
AMENDMENT TO A CONDITIONAL USE PERMIT TO ALTER THE
HOURS FOR OFF-PREMISES ALCOHOL SALES IN A RETAIL STORE
LOCATED IN SECTION 14, AT 300 NORTH INDIAN CANYON DRIVE, ZONE REO, (CASE 5.1461 CUP). (GM)
Associate Planner Mlaker provided additional information requested by the Planning Commission including a table listing similar retail establishments with the business name, address, and hours that alcohol is available for sale.
Chair Weremiuk stated that the public hearing had been closed at the March 23, 2022 meeting and discussed the additional research stated in the Staff report.
Commissioner Roberts stated that he supports the hour extension but would like the City Council to discuss the possibility of capping the number of similar retail stores open late for alcohol sales.
MOTION: Roberts to approve as presented. Motion fails with no second.
Commissioner Scott does not support the two- hour extension as other stores selling at later hours are located outside the central business district. The retail store is not well lit and is located at the back of the site.
Commissioner Hirschbein does not support the use of a pass -through window for liquor sales.
Commissioner Aylaian expressed concern about the late-night sale of liquor which may cause patrons to drive from outside areas.
Commissioner Moruzzi does not support the use of a pass -through window for liquor sales and finds the site as an inappropriate location.
Chair Weremiuk stated that the delivery service from Bevmo past midnight is a different situation then the current request. The physical layout of the site with small convenience store placed at the back of the parcel with less street visibility is inappropriate for lat e night alcohol sales.
Item 2B - 31
Planning Commission Minutes - Excerpt
City of Palm Springs
March 23, 2022
2 ACTION: Weremiuk, seconded by Miller to deny the request stating that the Planning Commission cannot make required findings #2 and #3.
AYES: AYLAIAN, HIRSCHBEIN, MILLER, MORUZZI, WEREMIUK
NOES: ROBERTS
ABSENT: ERVIN
I, GLENN MLAKER, ASSOCIATE PLANNER for the City of Palm Springs, hereby certify that the above action was taken by the Planning Commission of the City of Palm Springs on the 13th day of April, 2022.
___________________________________
Glenn Mlaker, AICP
Associate Planner
Item 2B - 32
ATTACHMENT H
Item 2B - 33
PLANNING COMMISSION STAFF REPORT
DATE: MARCH 23, 2022 PUBLIC HEARING
SUBJECT: GEORGE YOUSEF, (DBA: PALM SPRINGS CAR WASH) FOR A N
AMENDMENT TO A CONDITIONAL USE PERMIT TO ALTER THE
HOURS FOR OFF -PREMISES ALCOHOL SALES IN A RETAIL STORE LOCATED IN SECTION 14, AT 300 NORTH INDIAN CANYON DRIVE, ZONE REO, SECTION 14. (CASE 5.1461 CUP)
FROM: Department of Planning Services
SUMMARY
This a request of the Planning Commission to amend an existing Conditional Use Permit (CUP) to allow for an additional two (2) hours for the sale of off -premises alcohol beverages at a retail store as part of the existing Palm Springs Car Wash. The current CUP limits alcohol sales to 6:00 AM to 12:00 PM and the owner wishes to extend two (2) hours until 2:00 AM. Sales take place at an existing 975-square foot retail space that includes the sale of snacks, beverages and other items commonly found in a convenience store.
RECOMMENDATION:
Approve, subject to Conditions of Approval.
BUSINESS PRINCIPAL DISCLOSURE
The applicant has stated that he, George Yousef is the sole proprietor of the business . (see attached Business Disclosure Form)
BACKGROUND INFORMATION:
Related Relevant City Actions by Planning, Fire, Building, etc… 1950 Original building constructed as an automobile service station. 6/26/2019 Planning Commission approved a CUP to allow sales of alcoholic beverages as part of a convenience store and car wash.
Item 2B - 34
Planning Commission Staff Report
March 23, 2022 -- Page 2
5.1461 CUP – Palm Springs Car Wash
Ownership
Parcel is allotted trust land owned by a Tribal Member.
George Yousef holds the land lease.
Neighborhood Meeting/Neighborhood Notice
3/10/2022
Notice of public hearing mailed to addresses within 500-feet of the site, notifying that the subject application would be considered by the Planning Commission at a public hearing on March 23, 2022. 3/10/2022 Notice emailed to Neighborhood Organizations w ithin one mile of the project site.
3/11/2022 Notice of public hearing published in the local newspaper.
Field Check
03/2022 Staff visited site to observe existing conditions
Details of Application Request
Site and Building Area
Overall Site 30,927-square feet
Retail Store 975-square feet
General Plan, Zoning and Land Uses of Site & Surrounding Areas Existing General Plan
Designations
Existing Zoning
Designation
Existing Land Use
Site TRC (Tourist-Resort-
Commercial)
REO (Retail-Entertainment-
Office)
PS Car Wash
North TRC (Tourist-Resort-
Commercial)
REO (Retail-Entertainment-
Office)
Vacant
South CBD (Central Business
District)
RA (Resort Attraction) Classic Car Dealership
East TRC (Tourist-Resort-
Commercial)
REO (Retail-Entertainment-
Office)
Nightclub
West CBD (Central Business
District)
CBD (Central Business
District)
Office Building
DEVELOPMENT STANDARDS:
Development Standards for the REO Zone pursuant to the Section 14 Specific Plan as follows:
REO Proposed Project Comply
Lot Area 2-acres 30,927-sq ft Yes – lot of record
Front Yard 5 feet 80 feet from Indian Canyon Yes
Side Yard 5 feet 20 feet Yes
Rear Yard 20 feet 40 feet Yes
Building
Height (max.)
35 feet 12 feet Yes
Item 2B - 35
I
I
I
Planning Commission Staff Report
March 23, 2022 -- Page 3
5.1461 CUP – Palm Springs Car Wash
Off-street
parking
1 per 250 sq ft
per Section 14
plan
4 spaces required
4 spaces provided
Yes
Landscaping No specific
requirements
No changes proposed Yes
PROJECT DESCRIPTION:
Conditional Use Permit:
The Section 14 Specific Plan, Table 6-1, lists allowable uses per Land Use Category and permits food and beverage sales in the REO Zone. The addition of off-premises sale of alcohol to an existing business is permissible with a Conditional Use Permit (CUP). The Palm Springs Zoning C ode (PSZC) Section 94 .02.00 provides guidelines for the review and amendment of a CUP which is intended for those types of land uses which require special consideration to protect property values, health, safety, and welfare of the community.
The business operations at 300 North Indian Canyon Drive are owned by the applicant and provide a range of services including a fueling station, automobile repair, and a small retail shop as part of the waiting room for the car wash. The owner updated the existing waiting room and retail store, adding a convenience component with the sale of alcoholic beverages in 2019. Currently, the store operates 24- hours with fueling and the convenience store open at all times, however alcohol sales are limited to 6:00 AM to 12:00 AM. The store is locked at mid- night and all transactions take place through a secure window in the front façade. The owner has hired a security company to patrol the site which takes place approximately two (2) times a night.
The Planning Commission approved a Conditional Use Permit to include a Type 21 (Off- Sale General) to allow sales of alcoholic beverages as part of a convenience component of the existing Palm Springs Car Wash. The approved hours for alcoholic beverage sales as conditioned are 6:00 AM to 12:00 AM. The applicant would like to expand the sale hours until 2:00 AM daily. Staff has contacted the Palm Springs Police Department (PSPD) to review records relative to complaints and found t hat there have been several complaints regarding the homeless and thefts in the past two years.
Existing Operation:
The existing site located at the corner of North Indian Canyon Drive and Amado Road has been a small service station since the 1950’s. Over time other services have been added to the business such as automobile repair, a retail store, and a full -service car wash. In recent years, t he applicant updated the existing car wash waiting room and added a retail store equaling 975-square feet. The floor plan consists of a waiting area, display cases for food products, shelving along the walls, and six (6) beverage coolers containing beverages, beer, and chilled wine. A check -out counter is used for both t he car wash and retail sales. As mentioned in a previous paragraph, currently the store operates 24- hours with fueling and the convenience store open at all times, however Item 2B - 36
Planning Commission Staff Report
March 23, 2022 -- Page 4
5.1461 CUP – Palm Springs Car Wash
alcohol sales are limited to 6:00 AM to 12:00 AM. The store is locked at mid- night and all transactions take place through a secure window in the front façade.
Parking
The Section 14 Specific Plan requires off -street parking to be calculated as one space per 250-square feet of retail which results in the requirement of four (4) spaces which are provided on-site. The car wash operation requires that drivers exit their vehicles and walk into the store to pay and possibly purchase food and beverage items. The cars stack for the washing tunnel on the north side of the property which is directly adjacent to the new retail store. The amendment proposes no expansion of floor area or intensification of the use; therefore, no additional parking would be required under the zoning code.
Security
The existing site conforms to Section 93.23.01(m) Automobile Service Stations – Liquor Sales by providing video surveillance throughout the retail store and on the service station grounds. The video equipment records 24-hours a day with tape being available should the Palm Springs Police Department request. In addition, the business owner has hired a security firm to conduct nightly patrols of the property and is available for on- call services as needed. The condition of approval PLN 3 states that these security measures must remain in place.
REQUIRED FINDINGS:
Conditional Use Permit:
Pursuant to Section 94.02.00(B)(6) of the Palm Springs Zoning Code, the Planning Commission is required to make the following findings to approve a Conditional Use Permit.
1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code.
Pursuant to Section 14 Specific Plan the off-premises sale of alcohol as an ancillary use to an existing food and beverage business is permitted with the approval of a Conditional Use Permit. The amendment to increase sale hours will not change the original intent of the Conditional Use Permit and the finding has been met. In addition, Section 93.23.01(m) of the PSZ C permits liquor sales as and ancillary use to a service station with security measures in place as listed in the attached conditions of approval.
2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located.
Located in the Retail-Entertainment-Office land use category in the Section 14 Specific Plan and across the street from the Centr al Business District along North Item 2B - 37
Planning Commission Staff Report
March 23, 2022 -- Page 5
5.1461 CUP – Palm Springs Car Wash
Indian Canyon Drive the proposed sale of off-premises alcohol as an ancillary use to the main retail store is consistent with other service-oriented land uses found in the neighborhood. The convenience use is harmonious with the objectives of the Section 14 Specific Plan by focusing activity servicing residents and tourists along North Indian Canyon Drive which is separate but linked to downtown Palm Springs. With the amended Conditions of Approval stated in Exhibit A of this report, the development and operation of the off-premises sale of alcohol with increased hours will not create detrimental effects on the site and its vicinity with measures in place, such as providing security and limiting access into the business after midnight. With these measures in place the project will be harmonious with the neighborhood and the finding has been met.
3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood.
The subject site was built in the early 1950’s has operated as a fueling service station for many years. The updated car wash waiting room and retail store equaling 975- square feet within the larger automobile service center conform s to the development standards of the REO zone in terms of setbacks and building height. The retail space is adequate for the off-sale alcohol beverage sales and will be located within the 975- square foot space. The existing parking lot provides adequate off-street park ing including the available stacking for the car wash and the finding has been met.
4. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use.
The project site is loca ted at the corner of North Indian Canyon Drive which is a designated Major Thoroughfare as identified in the Circulation Element of the Palm Springs General Plan and the intersecting Amado Road. Both streets provide access to the corner site. The existing auto fuel pumps, vehicle repair shop and car wash are well integrated, and the site circulation provides good access to adjacent streets. The impact of the proposed increase in sale hours for off-premises consumption of alcohol is an ancillary use to the main car wash retail store will not have a significant effect on adjacent streets.
5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone’s property development standards.
Conditions of Approval will be imposed to ensure that the health, safety, and welfare of the public will not be adversely affected by the proposed off-premises sale of alcohol as part of a retail store with increased hours from 6:00 AM to 2:00 AM. The conditions, Item 2B - 38
Planning Commission Staff Report
March 23, 2022 -- Page 6
5.1461 CUP – Palm Springs Car Wash
which are stated in Exhibit A of this r eport, including requirements providing security measures.
CONCLUSION:
The amendment to an approved Conditional Use Permit will extend the sale hours of off- premises alcohol beverages at the existing Palm Springs Car Wash from 6:00 AM to 2:00 AM as part of an existing 975- square foot retail store. The retail store sells food items, snacks, beverages and alcohol for off-site consumption. Staff supports the findings and the approval of an amended Conditional Use Permit to increase the sale hours until 2:00 AM daily. The business has been safely operating since the original CUP approval and Staff recommends adoption.
ENVIRONMENTAL:
This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities exemption).
NOTIFICATION:
A public hearing notice was published in the local newspaper and mailed to all property owners and registered occupants within a 500- foot radius of the subject property. As of the writing of this report, staff has not received any public correspondence.
PREPARED BY: Glenn Mlaker, AICP – Associate Planner
REVIEWED BY: David Newell, AICP – Assistant Planning Director
Attachments:
1. Vicinity map
2. Draft Resolution
3. Conditions of Approval
4. Planning Commission Resolution #6754
5. Justification Letter
6. Business Disclosure Form
7. Site Photos
8. Site Plan
9. Floor Plan
Item 2B - 39
ATTACHMENT I
Item 2B - 40
PLANNING COMMISSION MEMORANDUM
DATE: APRIL 13, 2022 PUBLIC HEARING
SUBJECT: GEORGE YOUSEF, (DBA: PALM SPRINGS CAR WASH) FOR AN
AMENDMENT TO A CONDITIONAL USE PERMIT TO ALTER THE
HOURS FOR OFF -PREMISES ALCOHOL SALES IN A RETAIL STORE LOCATED IN SECTION 14, AT 300 NORTH INDIAN CANYON DRIVE, ZONE REO, SECTION 14. (CASE 5.1461 CUP)
FROM: Development Services Department – Planning Division
PROJECT DESCRIPTION:
This a request of the Planning Commission to amend an existing Conditional Use Permit (CUP) to allow for an additional two (2) hours for the sale of off -premises alcohol beverages at a retail store as part of the existing Palm Springs Car Wash. The current CUP limits alcohol sales to 6:00 AM to 12:00 AM and the owner wishes to extend two (2) hours until 2:00 AM. Sales take place at an existing 975- square foot retail space that includes the sale of snacks, beverages and other items commonly found in a convenience store.
RECOMMENDATION:
Approve, subject to Conditions of Approval.
PREVIOUS PLANNING COMMISSION REVIEW:
The Planning Commission previously reviewed this case at the March 23, 2022 meeting and continued the item to a date certain of April 13, 2022. The Planning Commission gave direction to Staff to research and return with a list of business establishments in Palm Springs with a Type 21 - Off Sale General liquor license. The Commi ssion was interested in the number and types of establishments selling alcohol along with hours of operation.
From a search of the California Alcohol Beverage Control web site, there are a total of thirty-three (33) businesses with a Type 21 liquor license which range from grocery stores, pharmacies, convenience stores, and liquor stores. Staff prepared the table below listing the types of establishments most closely related to the applicant’s business. A full list of licenses is attached at the end of the memo.
Item 2B - 41
Planning Commission Staff Report
Case # 5.1461 CUP – PS Car Wash
April 13, 2022 – Page 2 of 3
Business Name Address Hours of Alcohol Sales * Palm Springs Liquor 1022 N Palm Canyon Drive 9:00 AM – 12:00 AM Club Liquor 1109 S Palm Canyon Drive 9:00 PM – 11:00 PM PS Gas Mini Mart 3689 N Indian Canyon Drive 9:00 AM – 12:00 AM Locomotive Liquor 162 E Palm Canyon Drive 9:00 AM – 10:00 PM Rite Aide 111 S Sunrise Way 9:00 AM – 10:00 PM
Walgreens 2465 E Palm Canyon Drive 9:00 AM – 10:00 PM
Walgreens 1700 E Vista Chino Drive 9:00 AM – 10:00 PM
Palm Canyon Shell Station 2796 N Palm Canyon Drive
5.0712 CUP approved 2015
9:00 AM – 2:00 AM
BevMo 333 S Palm Canyon Drive 7:00 AM – 11:00 PM In-store 6:00 AM - 2:00 AM Delivery
Palm Liquor 440 S El Cielo Road 9:00 AM – 10:00 PM
Las Palmas Liquor 1595 N Palm Canyon Drive 9:00 PM – 11:00 PM Palm Canyon Liquor 1400 S Palm Canyon Drive 9:00 PM – 11:00 PM 7 Eleven 150 W Vista Chino Drive 6:00 AM - 2:00 AM
Palm Liquor 176 S Sunrise Way 9:00 AM – 11:00 PM
Fiesta Market 3700 E Vista Chino Drive 9:00 PM – 10:00 PM Ramon Liquor Market 4645 E Ramon Road 9:00 AM – 10:00 PM • Hours of operations were taken from on-line web sites
The table above lists the liquor stores, convenience stores, and service stations along with closing hours. The applicant, George Yousef also owns Palm Canyon Shell Station at 2796 North Palm Canyon Drive and received a Conditional Use Permit (Case 5.0712 CUP) in 2015 to operate a convenience store with a Type 21 license with the hours of alcohol sales until 2:00 AM. From the table ab ove, most of the other businesses close before 12:00 AM with the exception of 7-Eleven and BevMo which provides delivery service until 2:00 AM.
CONCLUSION:
The Planning Commission at the March 23, 2022 meeting had several concerns regarding the response time for the applicant’s security patrol and requested an analysis of the number of Type 21 establishments and hours of alcohol sales. Staff has revised Condition of Approval PLN 3 to include a requirement that the security patrol be able to respond within ten (10) to fifteen (15) minutes when called. In terms of alcohol sale hours, the applicant’s establishment is relatively small in comparison to BevMo, a 7-Eleven or a larger liquor store. Given the same owner successfully operates a similar business a mile away without complaints or a disproportionate number of Police calls for service, Staff is recommending approval.
PREPARED BY: Glenn Mlaker, AICP – Associate Planner
REVIEWED BY: David Newell, AICP – Assistant Planning Director
Item 2B - 42
Planning Commission Staff Report
Case # 5.1461 CUP – PS Car Wash
April 13, 2022 – Page 3 of 3
Attachments:
1. List of Type 21 Liquor Licenses in Palm Springs
2. Vicinity map
3. Staff Report from March 23, 2022
4. Draft Resolution
5. Conditions of Approval
6. Planning Commission Resolution #6754
7. Justification Letter
8. Business Disclosure Form
9. Site Photos
10. Site Plan
11. Floor Plan
Item 2B - 43
ATTACHMENT J
Item 2B - 44
Item 2B - 45
Palm Springs Car Wash
300 North Indian Canyon Dr.
Palm Springs, CA 92262
April 21, 2022
Planning Commission
Cily of Palm Springs
3000 E Tahquitz Canyon Dr.
Palm Springs CA 92262
RE: Resolution 6912
Dear Commisioners
I was di$2ppointed 10 learn that my request for amendment to the condi1ional use permit was denied. I am asking al this time, given addi1ional information included in lhis letter, 1ha1 the council reconsider and approve my requested amendment.
After reading the explanation for the decision, I believe the following should he considered. c:;
1. Localion in business district of North Indian Canyon Drive. This localion is central to the downtown area of Palm Springs. Our location is surrounded by hotels and res1aurants. Mnny of the employees of these establishments hnve their work shift end at about 12pm. It is convenien1 for them to purchase products to take home during the 12am -2am t11ne period. We are asking for an opportunity 10 compete for this business.
2. Reputation -As a business owner in Pnlm Springs for over 20 years, I have held a liquor license Bl different loca!ions, including this one, a liquor store on Sunrise Way, 1111d a gas station/convenience store on North Palm Canyon Drive. Throughout this lime, we have been extremely diligent 10 observe all legal requin:ments. We have have an excellent relalionship with the Palm Springs Police Department, and look forward to continuing that assoc.:i1tt1on.
3 . Issues with staffmg and lighting. We have been told that our lighting is not adequate. Plc11Se see the attached photos which show that the lighting is indeed adequate. Furthermore, we would be open to making additional changes in lighting if our current lighting is somehow inadequate. With regard to staffing, an issue came up as to selling through a window during the 12:00am to 2:00am time period. We arc willing to staff the store so that customers can enter the store to make 1hcir purchases. Additionally this would allow us to provide more employee., with the opportunity to e4l'II a living from our business. 4, Inconsistent treatment. We arc roncerned that we have been unfairly denied this accommodation while other businesses have been granted approval for the same request. An example would be the Bcvmo Liquor store, located at 333 S. Palm Canyon Dr. This store has been allowed 10 stay open until 2am, even including delivery service 10 that time. II is troubling that a local business owner with years of experience and loyalty 10 Palm Springs can not receive the same accommodation as a national chain business with no ties to the community.
B11Sed on these points I respec.:lfully request thlll the Commission rule in favor of the amendment.
Thank you in advance for your consideration.
Besl Regards
Gcrgis Yousef, Owner
Palm Springs Car Wash
Item 2B - 46
Appeal Form
Formularlo de Apelacl6n
Reserved for Filing Stamp
Rf( EIVED
CIT 'r' OF P \LH SPRINGS
City of Palm Springs 2022 APR ~ 5 PM 12: 2 I
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This completed form must be sent to:
City of Palm Springs Office of the City Cieri<
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
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ATTACHMENT K
Item 2B - 47
Item 2B - 48
1. Name or EnUty
PUBLIC INTEGRITY DISCLOSURE
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Item 2B - 49
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I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
ATTACHMENT L
Item 2B - 50
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CITY COUNCIL STAFF REPORT
05/26/2022 3. A.
City Clerk -
SUBJECT
APPROVAL OF A CITY SPONSORED LUNCHTIME PROGRAM FOR YOUTH AND
YOUNG ADULTS
RECOMMENDATION:
Approve a City-sponsored lunchtime program for youth and young adults in Palm Springs.
1. Authorize the City Manager to execute all documents.2.
Attachments
Item 3A
CITY COUNCIL STAFF REPORT
DATE: MAY 26, 2022 NEW BUSINESS
SUBJECT: APPROVAL OF A CITY SPONSORED LUNCHTIME PROGRAM FOR
YOUTH AND YOUNG ADULTS
FROM: Justin Clifton, City Manager
BY: Johnny Arredondo, Intern for Mayor Pro Tem Grace Garner
SUMMARY:
The City of Palm Springs has a large population of educated youth who seek to gain meaningful skills and experience. This item will authorize and approve a lunchtime program that will aim to pro mote civic employment opportunities for young adults and students.
RECOMMENDATION:
1. Approve a City sponsored lunchtime program for youth and young adults in Palm Springs; and
2. Authorize the City Manager to execute all documents.
BACKGROUND:
Youth and Young Adults in Palm Springs
With nearby educational institutions it is crucial to provide students, especially under - served students, with opportunities to develop transferable skills and other professional attributes. The City of Palm Springs currently has a total of approximately 8,368 residents that fall in the age category of 0- 24 years old. This group makes up 18% of the entire population of Palm Springs, yet it faces a shortage of widely available opportunities that can help them develop professionally. About 5,073 of the individuals in this group are students in Palms Springs’ seven local schools. A majority of these students are Hispanic (71.27%), with the next largest demographic being White (14.23%), followed by the third largest group Black/African American (6.17%) [California Basic Educational Data Systems (CBEDS].
Item 3A - 1
City Council Staff Report
May 26, 2022 -- Page 2
Lunchtime Program for Youth
Children are currently eligible to partake in activities hosted by the YMCA at Rosa Gardens, Building Resilience in African American Families program, Boys and Girls Club of Palm Springs, Palm Springs Library, and the City’s Department of Parks and Recreation. These programs all offer activities such as sports, arts and crafts, camps, and specialty clubs. Young adults, however, are restricted from taking advantage of such programs if they exceed the age requirements. While they can become volunteers at one of the many nonprofit organizations found in Palm Springs, there are very few avenues for them to explore public sector careers in the City of Palm Springs.
Existing Pathways and Opportunities
The City does not currently have an established channel to communicate and engage with high school or college students who wish to explore, learn about, and apply for vacant employment, shadowing, or internship positions within city government . When these opportunities are available, it can be difficult to reach their audiences unless third parties, such as schools, can distribute them to students.
Students would benefit from informational sessions that introduce different departments and their roles , employment opportunities, and projects that each branch of the City undertakes in order to operate and meet the requests of its constituents. These informational sessions would also allow the City of Palm Springs to fill vacancies in positions that have not yet been filled.
Younger residents of Palm Springs might not be knowledgeable of the inner workings of city government or its different departments. In addition to helping students explore their career options, these sessions can help educate and improve student engagement within the City. Doing so would inform the community of the opportunities that are available to them should they decide to pursue a career in the public sector.
STAFF ANALYSIS:
In r
ecent years, the City’s recruitment for open positions has largely led to new employees from outside of Palm Springs and the Coachella Valley. In an attempt to support our local residents and our Palm Springs youth, Staff proposes a Lunchtime Talk program that will include a catered lunch and a presentation by different C ity departments , such as Maintenance and Parks & Recreation.
This program requires that the City’s departments and its employees be willing to partake in informational sessions. Some departments are already well equipped to host presentations for students . For participating departments, these sessions provide the opportunity to bring attention to employment opportunities that they are offering and how to apply. These departments can include City Council, Animal Shelter, Communications, Community and Economic Development, Library, Parks & Recreation, and Public Works and Engineering.
Item 3A - 2
City Council Staff Report
May 26, 2022 -- Page 3
Lunchtime Program for Youth
Topics for these sessions should include an overview of each participating department.
Local residents should be informed of how City departments operate and work with each other to fulfill greater objectives. It would benefit interested individuals to know staff member roles and responsibilities in their respective department. A clear understanding for the qualifications (education, special certificates, prior experience) needed to obtain a similar position would be helpful in informing participants of the requirements necessary to work in any city department. Salaries and City benefits, including health care, pension, and paid vacation time, should be included to appeal to audiences and provide a transparent look into the jobs provided by the City of Palm Springs.
Sessions should provide participants with useful information that will help them understand how to become qualified job candidates in the departments in which they are interested. Understanding job qualifications is crucial for individuals who may be joining the workforce soon after completing their secondary or post-secondary education. If there are current or upcoming internship and employment opportunities, this would also be an appropriate time for the departments to share them with interested individuals. Content for these meetings can be created entirely with free presentation software.
Lunchtime sessions can be scheduled from June to early September . The proposed venue, Palm Springs High School , will hold summer school from June 7 th to June 27 th.
Holding meetings during this timeframe will allow students to be free of school -related commitments and it will allow new graduates to participate in them as well. These sessions can include up to 25 participants, most of which should be juniors and seniors in high school, or freshmen and sophomores in college. Six sessions, with a duration of one hour, throughout this period are recommended. These meetings can be held over Zoom, in City Hall, or in one of Palm Springs Unified School District’s school campuses.
As a part of these lunchtime sessions, meals will be provided for participants.
To promote and gather interest in the program, PSAs can be recorded and broadcast at the CSUSB Palm Desert Campus. With the assistance from CSUSB’s Career Counselor, Oscar Fonseca, we will be able to distribute all necessary information (designs, Zoom links, etc.) to current and graduating students. Digital graphics and posters can also be distributed through the City’s online website, social media accounts, and at community events.
Staff recommends the City approve the lunchtime program that will be hosted by participating departments and individuals for youth and young adults of Palm Springs.
FISCAL IMPACT:
The initial cost estimate for these lunchtime sessions will be composed entirely of catering options for participants and is not to exceed $5,000. Sufficient funding is available in the current fiscal year City Manager budget.
Item 3A - 3
City Council Staff Report
May 26, 2022 -- Page 4
Lunchtime Program for Youth
Table of Project Costs
Catering
Options for 25
(×6)
Subway
o Assorted Box Lunch Meal Bundle: $333 ($1,1998 for six sessions)
Red Robin
o Gourmet Cheeseburger Boxed Meal: $441 ($2,646 for six sessions)
Olive Garden
o Half-Pan Bundle: $236 ($1,416 for six sessions)
REVIEWED BY:
City Manager: Justin Clifton
Item 3A - 4
CITY COUNCIL STAFF REPORT
05/26/2022 3. B.
City Clerk -
SUBJECT
ADOPTION OF ORDINANCE AUTHORIZING A MILITARY EQUIPMENT USE POLICY, AS REQUIRED BY ASSEMBLY BILL 481
RECOMMENDATION:
Introduce by title only and waive further reading of an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING PALM SPRINGS POLICE DEPARTMENT POLICY NO. 709, IN ACCORDANCE WITH ASSEMBLY BILL 481.”
Attachments
Item 3B
CITY COUNCIL STAFF REPORT
DATE: May 26, 2022 BUSINESS/ LEGISLATIVE
SUBJECT: ADOPTION OF ORDINANCE AUTHORIZING A MILITARY EQUIPMENT USE POLICY, AS REQUIRED BY ASSEMBLY BILL 481
FROM: Justin Clifton, City Manager
BY: Police Department
SUMMARY:
This agenda item is a follow up to a public hearing held at the May 12, 2022, City Council Meeting regarding the adoption of an ordinance authorizing a military use policy, as required by Assembly Bill 481. During the meeting, Council requested that the pr oposed policy include additional clarification on the use of military equipment by allied law enforcement agencies within the City of Palm Springs. The Council also requested the policy provide additional detail related to the deployment and use of militar y equipment, including armored vehicles and gas, by members of the Palm Springs Police Department (“Department”). The Department is recommending the City Council support and approve its inventory of specialized equipment and adopt a military equipment use policy, by ordinance, as required by AB 481.
RECOMMENDATION:
1. Introduce by title only and waive further reading of Ordinance No. _____, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING PALM SPRINGS POLICE DEPARTMENT POLICY NO. 709, IN ACCORDANCE WITH ASSEMBLY BILL 481.”
STAFF ANALYSIS:
Assembly Bill 481 was signed into law on September 30, 2021, by Governor Gavin Newsom and became effective on January 1, 2022. AB 481 addresses the funding, acquisition, and use of military equipment as that term is defined by Government Code section 7070(c). Under AB 481, a governing body approval must take the form of an ordinance adopting a publicly released, written military equipment use policy which must address a number of specific topics, including the type, quantity, capabilities, purposes, and authorized uses of each type of military equipment, the fiscal impact of their acquisition and use, the legal and procedural rules that govern their use, the training Item 3B - 1
City Council Staff Report
May 26, 2022 -- Page 2
AB 481, Adoption of Military Equipment Policy
required by any officer allowed to use them, the mechanisms in place to ensure policy compliance, and the procedures by which the public may register complaints. The governing body must consider a proposed military equipment use policy in open session and may only approve a military equipment use policy if it makes various specific findings regarding the necessity of the military equipment and the lack of reasonable alternatives.
The policy being proposed to Council is included as “ Attachment A ” and includes changes tracked in red.
The Palm Springs Police Department acknowledges its primary role is peacekeeping and recognizes the delicate nature of a law enforcement agency possessing military equipment. Being entrusted with military -style equipment to solve complex and violent problems is a sacred responsibility that demands high accountability and transparency.
The Department will promulgate internal procedures to ensure that the Council and the public are confident in the proper use of each piece of equipment.
Law enforcement incidents can be unpredictable and highly complex. The Palm Springs Police Department is tasked with preserving public safety, protecting the community, and apprehending criminal offenders. The Department is committed to utilizing contemporary tools and resources to help safeguard the community and reduce the risk of escalating volatile situations that might otherwise rise to the level of a lethal encounter. Special equipment, tools and resources may help deescalate violent and tense situations, and reduce the possibility of harm to community members, individuals directly involved in the incident, and officers.
There are circumstances under which a Palm Springs police officer may use or deploy military equipment belonging to an allied law enforcement agency, either in Palm Springs or in another jurisdiction. Based on the direction received from City Council at the May 12, 2022 meeting, several adjustments were made to the policy that was originally provided to Council for consideration. The language in the Department’s updated Military Equipment Use policy has been adjusted to reflect that Palm Springs personnel are required to adhere to the policy, regardless of jurisdiction. This policy also requires that allied law enforcement agency use of military equipment to assist the Department in a mutual aid request is consistent with the guidelines set forth within the policy. The proposed policy would allow the Chief of Police, in consultation with the City Manager, to deploy armored and rescue vehicles or aircraft as needed during a tactical emergency of significance or natural disaster. The policy requires that the Chief of Police inform City Council within 30 days after its use and provide information about the purpose of deployment, the exigent circumstances requiring the need for the equipment, and duration of its use.
Items identified as “military equipment” include, but are not limited to, unmanned aerial (drones) or ground vehicles, vehicles that provide ballistic protection, command vehicles designed to facilitate the direction of public safety units, pepper balls, less lethal 40mm projectile launchers and diversionary devices. These tools preserve human life when utilized during responses to critical incidents by reducing the likelihood of physical injury Item 3B - 2
City Council Staff Report
May 26, 2022 -- Page 3
AB 481, Adoption of Military Equipment Policy
to the public and Department personnel and allowing an opportunity for de- escalation tactics during high-risk encounters with armed, violent suspects. In addition to enhancing citizen and officer safety, these tools can also facilitate search and rescue efforts and assist in rapid responses to catastrophic events. The Department has evaluated its existing inventory of military equipment and has identified several items, including an armored vehicle and several military -style rifles, that are surplus to their needs and can be disposed of without compromising readiness or the safety of the community. The Department will begin the process of disposing these items, in accordance with state and local law. The Department has not discovered other reasonable alternatives for the remaining inventory of tools that are able to comparably preserve, promote and enhance public safety.
The proposed ordinance, included as “ Attachment B ”, and the Depart ment’s Military Equipment Policy provide safeguards to the public’s safety, welfare, and civil rights and ensure transparency, oversight and accountability measures are in place. AB 481 requires any law enforcement agency that receives approval for the use of military equipment to submit annual reports to the governing body regarding the use of the equipment, any complaints received, any internal audits or other information about violations of the military equipment use policy, and the cost of such use. Wit h Council approval of the proposed ordinance and policy, the Palm Springs Police Department can deploy, acquire, and collaborate with allied law enforcement partners to use the most advanced technology, equipment, and resources available to effectively protect the community, prepare for the unexpected, and safeguard lives.
FISCAL IMPACT:
Costs associated with the use, acquisition and deployment of military equipment will vary from year to year based on training, staffing , and required use. Acquisition of military equipment will follow all established Cit y of Palm Springs procurement policies and procedures.
REVIEWED BY:
Department Director: Andrew G. Mills
City Manager: Justin Clifton
ATTACHMENTS:
A.)
Proposed Military Equipment Policy No. 709
B.) Ordinance
Item 3B - 3
ATTACHMENT "A"
Item 3B - 4
Item 3B - 5
Policy Palm Springs Police Department
709
Military Equipment
709.1 PURPOSE AND SCOPE
!State I
Policies
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code§ 7072).
709.1.1 DEFINITIONS
I State I j@l@Dji
Definitions related to this policy include (Government Code § 7070):
Governing body -The elected or appointed body that oversees the Department.
Military equipment -Includes but is Ret lwmte4-tG the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code§ 30510 and Penal Code§ 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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Military Equipment
709.2 POLICY
!State I
Palm Springs Police Department
Policies
It is the policy of the Palm Springs Police Department that members of this department comply with the provisions of Government Code§ 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
I Bnt Practice I
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Palm Springs Police Department (Government Code§ 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 709.4 MILITARY EQUIPMENT INVENTORY
!State!,. @.
The following constitutes a list of qualifying equipment for the Department See attachment: Palm Springs Police Department Specialized Equipment lnventory.pdf 709.5 APPROVAL
!Sta•!
The Chief of Police or the authorized designee shall obtain approval from the governing body Copyright Lex·po1, LLC 2022/05/19, Am Rights Reserved ***DRAFT"** Publilhed with permission by Palm Springs Police Department Military Equipment 2 Item 3B - 7
Palm Springs Police Department
Policies
Military Equipment
by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071 ):
(a) Requesting military equipment made available pursuant to 10 USC§ 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
!Statal ·WWI
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department or operating in conjunction in a law enforcement capacity with this Department, shall comply with the military equipment policy of the Palm Springs Police Department. respecti\le militarv equipment use policies in rendering mutual aid.
Periodically, the police department may be required to assist or be assisted by other law enforcement agencies to fulfill our mission. The deployment of allied agencies may be a result of mutual aid requests or day to day operational collaboration. In certain mutual aid or operational collaboration circumstances, it may be necessary for Palm Springs police officers to utilize equipment from other agencies. In those situations, police department personnel are required to adhere to the Departments Military Equipment Use Policy regardless of the jurisdiction. Conversely, should another law enforcement agency assist in a mutual aid request in the City of Palm Springs, this policy has been established to ensure that their use of military equipment is consistent with the guidelines set forth within this policy.
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Military Equ pment
3 Item 3B - 8
Palm Springs Police Department
Policies
Military Equipment
During a tactical emergency of significance or natural disaster, the Chief of Police. in consultation with the City Manager, may deploy armored and rescue vehicles or aircraft as needed, but shall inform City Council within 30 days after its use and the purpose of deployment, the exigent circumstances requiring the need for said equipment, and duration of its use.
Through the AosGGiation of Riverside County Chief6 of Police (ARCCOPSl mutual aid agFeeR::ient, all cities within Ri¥erside County have agFeed to accept the use of each law enforceR::ient agencies Military EquipR::ient policy Felated to any enforceR::ient action throughout Ri>Jerside County.
709.7 ANNUAL REPORT
!State I
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
709.8 COMMUNITY ENGAGEMENT
!State I
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
709.8.1 COMPLIANCE
I Agency Content I
Department members are bound to adhere to this Policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or this Policy may result in criminal or administrative investigations, or action. 709.8.2 COMPLAINT PROCESS
! Agency Conl9nt I
Members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this Policy by any of the following means:
1. Via email to: [email protected]
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Palm Springs Police Department
Policies
Military Equipment
2. 3.
Via phone call to: (760) 323-8126
Via mail sent to: Palm Springs Police Department
Attn: Military Equipment Use Coordinator
200 S. Civic Drive
Palm Springs, CA 92262
The Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.
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Military Equipment
5 Item 3B - 10
Attachments
Item 3B - 11
Palm Springs Police Department
Specialized Equipment Inventory .pdf
1. Robot (Category 1)
a. Description. quantity, capabilities. and purchase cost:
Inventory includes (1) ICOR MK3 Caliber robot. This equipment is a battery powered, remote operated device.
I. ICOR Robot - Initial Cost: $Unknown. Primary cost handled by Cathedral City PD
b. Purpose:
This equipment is for (potential) use during high-risk incidents. To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings.
c. Authorized Use:
Use is limited to members of the department's Special Weapons and Tactics Unit (SWAT). Only operators who have completed the required training shall be permitted to operate the robots. Incidents that may qualify for its use include, but are not limited to, a high-risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject's location is very important, and the robot can provide that without placing anyone at risk.
Cameras can also help determine if a subject is armed and if there are other subjects inside that need assistance. The two-way speakers can be used to de escalate and determine resistance level.
d. Expected Life Span:
20_years
e. Fiscal Impact:
Annual cost: $0 - $3000
2. Annored Vehicles (Category 2 &3)
a. Description, quantity, capabilities. and purchase of current armored vehicles:
Inventory includes four (2) LENCO Ballistic Engineered Armored Response Counter-Attack Trucks (2006 BEAR-CAT and 2017 BEAR). The BEAR-CAT and BEAR, or Rescue Vehicles, are primarily used during high-risk tactical enforcement operations, officer rescues, and vehicle borne interventions.
Additional deployments are used during criminal unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects. The armored vehicles also provide four-wheel drive capability to transport or evacuate victims in a flood, fire or other natural disaster scenario.
I. Bearcat - Initial Cost: $213,329.02. $155,000 of the total cost donated by private entity. City cost $56,329.52 paid for from city budget.
II. Bear - Initial Cost: $513,600 of which $256,800 was donated by private entity. Remaining cost of 256,800 paid for from City Motor Vehicle Replacement fund.
b. Purpose:
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use:
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical Item 3B - 12
incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicles shall have a valid California driver license. All other applicable PSPD policies remain in effect, to include, but not limited to, PSPD Policy 706 - Vehicle Use, PSPD Policy 409 - Special Weapons and Tactics Unit.
The use of armored vehicles can be deployed for exigent or unusual circumstances, training, informational purposes, and shall not be for routine patrol activities. Armored vehicles can be deployed when in the judgement of commanders, the vehicle, through its presence, provides an opportunity to de escalate violence, or protect the life of community members and officers.
Commanders shall evaluate the circumstances in which the vehicle is deployed and the impact of its use on victims and community members. Armored vehicles may not be used for the purpose of crowd control unless there is violence rising to the level of lethal force against members of the community or police officers.
The violence must be likely to cause death or great bodily injury.
Expected Life Span:
I. Bearcat -15-20 years
II. Bear- 15 -20 years
d. Fiscal Impact:
Annual Cost: estimated at $1000-$2500 per vehicle
3. Command and Control Vehicles Built or Modified to Facilitate the Operational Control and Direction of Public Safety Units (2004 Freightliner MB-55 Comms Vehicle) (Category 5)
a. Description, quantity, capabilities, and purchase cost:
Command vehicles are built in various platforms to include ½ ton pickup chassis, and RV style configuration designed to provide communications intelligence, equipment transportation and crisis communication support.
I. 2004 Freightliner MB-55 RV - Initial Purchase Cost: $428,661.86 II. 2008 Ford F-250 Super-Duty Pickup - Initial Purchase Cost: $41,525.47 b. Purpose:
Vehicles are built to better assist in command and control during law enforcement operations, natural disasters, and public safety issues. Vehicles are designed with additional communication abilities, computers, white boards, lightening, generators, and mission essential supplies
c. Authorized Use:
The SWAT Command Vehicles shall be used by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver license appropriate for vehicle driven. All other applicable PSPD policies remain in effect, to include, but not limited to, PSPD Policy 706 - Vehicle Use, PSPD Policy 409 - Special Weapons and Tactics Unit.
d. Expected Life Span:
I. Freightliner - 15-20 years (Expired. Non-Operational) II. Ford F-250 -15 years
e. Fiscal Impact:
I. Freightliner - Annual maintenance cost: $0
II. Ford F-250 -Annual maintenance cost estimated at $1500 or less
4. Vehicles with Breaching or Entry Apparatus Attachable (Category 2&3) Item 3B - 13
a. Description, quantity, capabilities, and purchase cost:
LENCO Bear Ballistic Armored vehicle has an attachable metal boom that can be used for breaching structures, fences, or ramming objects.
I. LENCO BEAR - Initial purchase covered in item 2 "Armored Vehicles." b. Purpose:
The equipment is to be used during high-risk incidents, to include active shooter incidents on school ground or buildings to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use:
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver license. All other applicable PSPD policies remain in effect, to include, but not limited to PSPD Policy 706 - Vehicle Use, PSPD Policy 409 - Special Weapons and Tactics Unit.
Expected Life Span:
15-20 years
d. Fiscal Impact:
Annual maintenance cost referenced in item 2(d) above.
5. Assault Weapons Defined Under PC 30510 & PC 30515 (Category 10) a. Description, quantity, capabilities, and purchase cost:
Inventory includes AR style rifles that function at full and semi-automatic capability (fully automatic rifles are only assigned to SWAT personnel, training division or stored within the station for station protection in the event of an active shooter).
I. Colt AR 15/M4 Rifle, cost approximately: $20,000, quantity: 15 II. Al Bolt Action .308 caliber Rifle, cost approximately: $12,000, quantity: 3 !!L. POF/G4 .308 caliber Rifle, cost: unknown, quantity: 2. They are no longer in use.
IV. Remington 700 Bolt Action .308 caliber Rifle, cost approximately: $8,000. quantity: 8, They are no longer in use.
V. Colt AR 15/M16 Full Auto, cost $0, quantity 1, acquired through 1033 program
VI. Colt AR 15/M 16 Semi Auto, cost $0, quantity 15, acquired through 1033 program.
VII. H&K Rifles, MP5, cost approximately: $21.000, quantity: 14, no longer in use.
VIII. H&K Rifles. HK53, cost approximately: $3000, quantity: 2. no longer in use. b. Purpose:
The weapons are to be used in situations that require increased accuracy and precision at long range distances. Currently used by most law enforcement agencies across the nation.
c. Authorized Use:
Only members that are POST certified are authorized to use a rifle. All other applicable PSPD policies remain in effect, to include, but not limited to, PSPD Policy 300- Use of Force, PSPD Policy 312- Firearms Training and Qualifications, PSPD Policy 409 - Special Weapons and Tactics Unit.
Item 3B - 14
- --- - --- - ------
Item 3B - 15
d. Expected Life Span:
I. Colt AR 15/M4 Rifle -No expiration
II. Al Bolt Action .308 caliber Rifle -No expiration
Ul. POF .308 caliber Rifle -No longer in use
IV. Remington 700 Bolt Action .308-No longer in use
V. Colt AR 15/M16 Full Auto -No expiration
VI. Colt AR 15/M 16 Semi Auto -No expiration
VII. H&K Rifles, MPS -no longer in use
VIIL H&K Rifles, HK53 -No longer in use
e. Fiscal Impact:
I. Colt AR 15/M4 Rifle -Annual cost between $0 -$20,000 II. Al Bolt Action .308 caliber Rifle-Annual cost between $0-$12,000 !!L POF .308 caliber Rifle -No longer in use -Annual cost: $0 IV. Remington 700 Bolt Action .308 -No longer in use -Annual cost $0 V. Colt AR 15/M16 Full Auto -Annual Cost-$0
VI. Colt AR 15/M 16 Semi Auto -Annual Cost -$0
VII. H&K Rifles, MPS -no longer in use -Annual Cost $0
VIII. H&K Rifles, HK53 -No longer in use -Annual Cost $0
6. Breaching Apparatus: Slugs, etc. (Category 7)
a. Description, quantity, capabilities, and purchase cost Royal Arms Tesar-2-12-gauge slugs, cost: Approx. $560, quantity: 120.
Shotgun breaching rounds are specialty shotgun shells utilized for door breaching. The Royal Arms Tesar-2 rounds contain compressed copper powder and are fired through a specialized breaching shotgun barrel. The copper powder is designed to strike and destroy the lock throw inside of the door, allowing entry into the room or structure. The powder is designed to dissipate after striking the lock throw in order to minimize entry into the target space for the safety of occupants and operators. Designed to breach heavy locks, dead-bolts, and hinges mounted inside of solid oak or steel doors. Royal Arms Tesar-2 rounds are good until expended if stored properly. Shotgun breaching rounds are used to gain rapid access to a room or structure when an emergent law enforcement need exists.
b. Purpose:
The rounds are used to impact door hinges, doorknobs, and locks and to safely gain entry into a structure.
c. Authorized Use:
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. All other applicable PSPD policies remain in effect, to include, but not limited to, PSPD Policy 322 -Search and Seizure, PSPD Policy 409 Special Weapons and Tactics Unit.
d. Expected Life Span:
Until expended
e. Fiscal Impact:
Individual unit price of approximately $4 each. Estimated between $0 and $500 annually
7. Breaching Apparatus: Explosive Breaching Tools (Category 7) a. Description. quantity, capabilities. and purchase cost:
Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive charges are fashioned to produce little to no fragmentation at the time of detonation. Explosive breaching effectively reduces the time spent overcoming a fortified door or structure. The reduction in time mitigating a hardened structure increasing officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms.
I. 25 grain detonation cord, cost: $375, quantity 1000 ft.
II. 50 grain detonation cord, cost: $380, quantity 1000 ft.
Ill. Nonel Shock tube blasting caps: cost: total $1185, quantity 150. b. Purpose:
To safely gain entry into a structure.
Authorized Use:
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. All Breachers will attend an approved "Tactical Energetic Breaching" course. Attend an accredited "advanced" Energetic Breaching course or equivalent. All other applicable PSPD policies remain in effect, to include, but not limited to, PSPD Policy 322 - Search and Seizure, PSPD Policy 409 Special Weapons and Tactics Unit.
Expected Life Span:
I. 25 grain detonation cord - 5 years
II. 50 grain detonation cord - 5 years
Ill. None Starters - until expended
c. Fiscal Impact:
I. 25 grain detonation cord - estimated between $0 and $349 annually.
II. 50 grain detonation cord - estimated between $0 and $1,915.49 annually Ill. None Starters-$0
s. Flashbangs (Category 12)
a. Description. quantity, capabilities. and purchase cost:
Light Sound Diversionary Device (LSDD-"Flashbangs") are diversionary devices used to minimize risk to all parties through the temporary distraction or disorientation of armed and violent suspects that pose significant danger to the officers and community. The effects of the LSDD reduce a suspect's reactionary capabilities and allow for momentary disorientation which creates a tactical advantage. LSDD is a hand delivered device and generally deployed on the exterior of a structure.
VI. NFDD CTS Model 7290M - Mini bang, cost: $1901.34, quantity: 42 VII. NFDD CTS Model 7290-9 - 9 Bang, cost: $642.06, quantity 6 b. Purpose:
To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6- 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage
Item 3B - 16
c. Authorized Use:
Diversionary Devices shall only be used:
i. By SWAT officers who have been trained in their proper use. ii. In hostage and barricaded subject situations.
iii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. During other high-risk situations where their use would enhance officer safety.
v. During training exercises.
All other applicable PSPD policies remain in effect, to include, but not limited to, PSPD Policy 300 - Use of Force, PSPD Policy 409 - Special Weapons and Tactics Unit.
d. Expected Life Span:
5 years
e. Fiscal Impact:
I. NFDD CTS Model 7290M - Annual cost between $0 - $4300
11. NFDD CTS Model 7290-9 - Annual cost between $0 - $2000
9. Tear Gas (Category 12)
a. Description, quantity, capabilities. and purchase cost:
Chemical agent munitions, which are commonly referred to as "tear gas," are used by the Palm Springs Police Department as a non-lethal tool to disperse suspects intent on significant violence or mass destruction through rioting suspects and on barricaded suspects. When first amendment issues are at the core of the civil unrest, a Captain or Chief must approve of the deployment of gas to abate violence or mass destruction. Commanders shall attempt to defuse the need and use of gas first through enhanced negotiations with protest organizers, de-escalation and other police tactics.
The Palm Springs Police Department uses chemical agents which are used by law enforcement across the United States: CS (2-
Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum) CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S.
Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess {2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).
I. CS 1082 - The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route people to safety. a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. Cost: $ 50, quantity: 2
II. CS F620 -T he Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle.
Item 3B - 17
Item 3B - 18
In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $ 445, quantity: 16
Ill. OC 1070-The Spede-Heat OC Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 1.09 oz. of active agent. Cost: $30, quantity: 1 IV. OC 6340 Aerosol -This unique grenade delivers an invisible OC vapor and renders an intense respiratory effect to a non-compliant subject.
Cost: $70, quantity: 2
V. CS 6330 Aerosol - A unique grenade delivering an invisible vapor and rendering an intense respiratory effect. Cost: $ 70, quantity: 2 b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
I. Self-destructive, dangerous and/or combative individuals.
II. Violent RrioUcrowd control and civil unrest incidents when violence or mass destruction is present. The deployment of gas must be approved by a Captain or higher and due to the presence of significant violence.
Ill. Circumstances where a tactical advantage can be obtained.
IV. Potentially vicious animals.
V. Training exercises or approved demonstrations.
c. Authorized Use:
Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents. All other applicable PSPD policies remain in effect, to include, but not limited to, PSPD Policy 300 -Use of Force, PSPD Policy 409-Special Weapons and Tactics Unit.
d. Expected Life Span:
5 years for each category
e. Fiscal Impact:
I. 1082 -estimated between $0 and $2500 annually
II. F620 -estimated between $0 and $500 annually
Ill. 1070 -estimated between $0 and $500 annually
IV. 6340 -estimated between $0 and $380 annually
V. 6330 -estimated between $0 and $360 annually
10. 40mm Projectile Launchers (Category 14)
a. Description. quantity, capabilities, and purchase cost:
Less lethal 40mm launchers and rubber projectile munitions-Munitions are configured for high and low energy impact. Munitions have the additional benefit as a barrier round for breaking vehicle and residential glass so that chemical munitions can be deployed. The sponge munition is used as a Less-Lethal weapon designed to de-escalate a potentially violent encounter.
I. DEFTEC 40mm launcher, cost per device: $1500, quantity: 58 b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. 40mm less lethal has been effective in disarming violent Item 3B - 19
suspects, armed suspects, and subjects who are suicidal with minimal injury and risk to the person, law enforcement or the public.
c. Authorized Use:
Situations for use of the less lethal weapon systems may include, but are not limited to:
I.
11. Ill.
IV.
V.
VI.
Self-destructive, dangerous and/or combative individuals.
Against individuals actively engaged in acts of violence or mass destruction. Riot/oro•.vd oontrol and ohiiil 1a1nrest inoidents.
Circumstances where a tactical advantage can be obtained.
Potentially vicious animals.
Training exercises or approved demonstrations.
Operators shall use due care and caution to avoid the use of projectiles against demonstrators not committing acts of violence or mass destruction or media personnel monitoring civil unrest and governments response.
V.VII. Projectiles shall not be used to disburse crowds or people exercising their First Amendment rights.
All other applicable PSPD policies remain in effect, to include, but not limited to, PSPD Policy 300 -Use of Force.
d. Expected Life Span:
I. 40mm Launcher: No expiration
II. 40 mm Sponge Round: 5 years
e. Fiscal Impact:
I. 40mm Launcher: estimated between $0 and $1500 per device II. 40 mm Sponge Round: estimated between $0 and $3000 annually
11. Majntenance ot Mjljtary use supply Ltve•a
When military equipment has reached significantly low levels or have been exhausted, or the department requires acquisition of any of the items noted in Category 1-15 under Military equipment categories of this policy, the Department may order equipment as needed in each calendar year by adhering to City of Palm Springs procurement rules, regulations, and city approval processes.
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS , CALIFORNIA, ADOPTING PALM
SPRINGS POLICE DEPARTMENT POLICY NO. 709, IN
ACCORDANCE WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070(c); and
WHEREAS, AB 481 requires adoption of a military use equipment policy (“Policy”) by the City Council before the Palm Springs Police Department (“Department”) may take action to request military equipment; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, to continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022; and
WHEREAS, proceedings for commencement of the process of adopting the Policy began prior to May 1, 2022; and
WHEREAS, a public hearing was held on May 12, 2022, as required by AB 481 to provide the public an opportunity to comment on the proposed Policy and provide the City Council an opportunity to provide direction to staff on possible revisions to the Policy;
WHEREAS, in accordance with AB 481, the proposed Policy was made available on the website on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy; and
WHEREAS, once adopted, the Policy will be made publicly available on the Department website for as long as the covered military equipment is available for use; and
WHEREAS, in accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and
Item 3B - 20
Ordinance No. _____