Palm Springs City Council
June 16, 2022

disabled or a danger to self or others. (Welf. & Inst. Code, div. 5, pt. 1, §§ 5000 et seq.)
a) “Grave disability” is defined as a condition in which a person, as a result of a mental disorder, or impairment by chronic alcoholism, is unable to provide for the person’s basic personal needs for food, clothing, or shelter. (Welf. & Inst. Code, § 5008(h)(1)(A), (2).)
2) Establishes Laura’s Law, which sets forth the procedures and requirements for assisted outpatient treatment, a court-ordered treatment plan for persons suffering from a mental illness and who have been clinically determined to be unlikely to survive safely in the community without supervision and whose conditions are substantially deteriorating, intended to provide treatment before eligible individuals’ conditions deteriorate to the point of grave disability and involuntary detention under the LPS Act. (Welf. & Inst. Code, div. 5, pt. 1, ch. 2, art. 9, §§ 5345 et seq.)
3) Establishes a pilot program authorizing the County of Los Angeles, the County of San Diego, and the City and County of San Francisco to opt to implement a “housing conservatorship” program, to run until January 1, 2024, for persons suffering from both a serious mental illness, as defined, and a substance use disorder. Before adopting the pilot program, the county’s board of supervisors must make certain findings relating to the availability of certain services that will be available to the persons within the program. (Welf. & Inst. Code, div. 5, pt. 1, ch. 5, §§ 5450 et seq.)
This bill:
1) Establishes the Community Assistance, Recovery, and Empowerment Act, which creates the CARE Court program of court-ordered or court-supervised treatment for persons aged 18 and older who suffer from a severe mental illness, who have a diagnosis of schizophrenia spectrum or other psychotic disorder, and meet other specified criteria.
2) Authorizes CARE Court proceedings to be commenced via a petition from the person seeking care, specified adults in the person’s life, specified medical and treatment professionals, first responders, and specified county and tribal officials; or, when the person needing care has been charged with a misdemeanor, on an order from the court overseeing the case or on petition from the prosecuting attorney.
a) The petition must be signed under penalty of perjury and contain specified information supporting the petitioner’s assertion that the person meets the CARE Court criteria.

Item 1C - 39
SB 1338

b) If a misdemeanor defendant is accepted into CARE Court, the charges must be dismissed.
3) Requires that the subject of a CARE petition be appointed counsel and a CARE supporter within five days of the filing of a petition. In lieu of a court- appointed supporter, the person may choose their own supporter or decline to have a supporter.
4) Establishes the CARE Court process following the filing of a petition, in which, over a series of hearings, the parties may opt for a voluntary CARE agreement for treatment or, after an evaluation and if the court determines by clear and convincing evidence that the person meets the CARE court criteria, the court orders a one-year CARE plan jointly developed by the person, their attorney, their supporter, and the county behavioral health agency. During the one-year CARE program, the court must hold regular status conferences to track the person’s progress.
5) Provides that CARE Court hearings are presumptively closed to the public; the individual who is the subject of the proceeding may request the presence of any family member or friend without waiving the right to keep the hearing closed to others, but a request by any other party to open the proceeding may be granted only if the court finds that the public interest in an open hearing clearly outweighs the individual’s interest in privacy. 6) Permits a person, at the end of the one-year CARE program, to request graduation from the program or voluntary reappointment for one additional year only. The person may be involuntarily reappointed only if the person did not successfully complete the program and other conditions are met. 7) Provides that intermittent lapses and setbacks by the person during the CARE program must be reviewed by the court, but are not reason alone for precluding the individual from receiving treatment or services.
8) Provides that, if the court determines by clear and convincing evidence that the person is not participating in CARE proceedings or is failing to comply with their CARE plan, the court may terminate the individual’s participation in he CARE program and may use its authority under the LPS Act to ensure the person’s safety. In such a subsequent proceeding, the individual’s termination from the CARE program may be used as a factual presumption that no suitable community alternatives are available to treat the individual.

Item 1C - 40
SB 1338

9) Provides that the California Department of Aging shall administer the CARE Supporter program, including training supporters on a range of relevant issues. 10) Provides that the CARE plan may include only specified behavioral health services, housing resources, and social services, and that individuals who are CARE program participants shall be prioritized for any appropriate bridge housing funded by the Behavioral Health Bridge Housing Program. 11) Provides that, subject to appropriation, the State Department of Health Care Services, the Judicial Council of California, and the State Department of Health Care Services (DHCS), in consultation with other entities and stakeholders, shall provide training and technical assistance in connection with the implementation of the CARE Court program.
12) Requires DHCS to develop, in consultation with county behavioral health agencies, care supporters, and other appropriate stakeholders, an annual CARE Act report that will be publicly available and contain specified data relating to the individuals served and treatment outcomes. DCHS must also develop an independent evaluation of the effectiveness of the CARE Act, with a preliminary report provided to the Legislature three years after the implementation date of the CARE Act and a final report provided five years after the implementation date.
13) Establishes insurance coverage requirements and procedures for a CARE Court evaluation and services ordered pursuant to a CARE agreement or CARE plan.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee:
 Judicial Branch. According to the Judicial Council of California, $40 million to $50 million related to conducting additional hearings, expanding self-help centers, and updating court case management systems. The Judicial Council further states that if funding is not provided for new workload and associated costs created by this bill, it would likely result in delays and prioritization of court cases and would impact access to justice.* (General Fund)  DHCS. Unknown, significant ongoing costs (tens of millions, General Fund) for multi-year authority for contracts available for five years. In addition, staff notes unknown, significant ongoing costs (low millions, General Fund) for the department to provide training to counsel regarding the CARE statute and CARE plan services and supports. Anticipated workload needs would include:
designing technical assistance for counties on the CARE Court model; Item 1C - 41
SB 1338

overseeing contractors to implement the technical assistance; overseeing stakeholder engagement on the CARE Court model; developing guidance for counties on CARE Court responsibilities; implementing processes to support ongoing data collection and reporting; analyzing data and developing an annual legislative report; and, publishing an independent evaluation. Staff notes unknown costs due to increased Medi-Cal utilization rates by individuals referred to the CARE court program, who otherwise may not have been an existing beneficiary. In addition, staff notes unknown, significant ongoing costs for specified supportive services, which could range in the tens of millions. In addition, unknown but potentially significant cost-avoidance and long-term savings to state public health systems and public health to the extent that peer support services provide support and assistance to Medi-Cal beneficiaries with mental illness and reduce the need for more expensive downstream services, such as inpatient hospitalizations or incarceration.
 Department of Social Services (CDSS). Unknown, significant cost pressures (possibly high tens of millions, General Fund, federal fund) related to the anticipated increased utilization of certain programs identified in the bill, such as the CalWORKS Housing Support Program, SSI/SSP, Cash Assistance Program for immigrants, CalWORKs, and CalFresh, and Homeless Housing Assistance and Prevention. These costs would be in the form of local assistance, as county welfare departments conduct eligibility, redetermination, and screening for programs. In addition, while the bill would be implemented on a county-level, staff estimates state operations workload for CDSS to provide technical assistance, program monitoring, and to issue new or updated guidance or all county letters to implement the bill.
 Department of Aging (CDA). According to the CDA, $1.155 million for 10.0 positions and $8.845 million for CARE supporters in Fiscal Year 2022-23 and ongoing (General Fund). CDA reports that it will utilize these requested resources to establish the Community Awareness, Recovery, and Empowerment Supporter program including targeted recruitment, outreach, training, and oversight.
 Department of Managed Health Care. Indeterminate costs for the department to possibly promulgate regulations, conduct plan oversight and compliance and monitoring, as well as answer technical questions through the Help Center. The bill’s provisions would not include specified Medi-Cal managed care contracts.  Department of Insurance (CDI). CDI reports costs of $17,000 in FY 2022-23 and $12,000 FY 2023-24.

Item 1C - 42
SB 1338

 California Health and Human Services Agency (CHHSA). According to CHHSA, no fiscal impact.
 CalVet. Indeterminate, unknown costs to CalVet (hundreds of thousands, low millions, General Fund) to conduct outreach and coordinate with the CARE plan team related to specified programs identified in the bill, like the Veterans Support to Self-Reliance, the federal Department of Veterans Affairs Supportive Services for Veteran Families program, and Veteran Affairs Supportive Housing voucher program. Currently, the Veterans Support to Self- Reliance is a pilot program that provides a higher level of on-site supportive services for veterans aged 55 and over who reside in permanent supportive housing. To the extent there is pressure to make the program permanent and with possible increased program utilization, staff notes this would be an indeterminate cost pressures to the General Fund.
 Housing. Unknown direct costs, as well as ongoing cost pressures, to the General Fund (high tens of millions to hundreds of millions), as this bill will increase utilization of the specified housing programs. Staff anticipates increased use, and demand, of the Bridge Housing program, HOME Investment Partnership Program, HUD Continuum of Care program, and emergency housing vouchers, among other programs identified in this bill. In addition, as this bill reprioritizes CARE plan program participants in the Behavioral Health Bridge Housing program, it does not increase the funding for any of the programs at this time. The demand is unknown at this time, but staff notes that housing affordability is a statewide challenge, and housing stock, including specialty treatment beds, are limited and in challenged supply.

SUPPORT: (Verified 5/20/22)
Governor Gavin Newsom (source)
Bay Area Council
Big City Mayors Coalition
Building Owners and Operators Association
California Hospital Association
California Professional Firefighters
City of Beverly Hills
City of Irvine
City of Paramount
City of San Diego
City of Santa Monica
Civic Center and Mid-Market Community Benefit Districts Families Advocating for the Seriously Mentally Ill
Item 1C - 43
SB 1338

Golden Gate Restaurant Association
Hotel Council of San Francisco
Los Angeles Business Council
NAMI California
Psychiatric Physicians Alliance of California
San Francisco Chamber of Commerce
San Francisco Travel Association
SF Partnership
Steinberg Institute
Union Square Alliance
One individual
OPPOSITION: (Verified 5/20/22)
ACLU, California Action
Anti-Police Terror Project
Bay Area Legal Aid
Bazelon Center
Cal Voices
California Advocates for Nursing Home Reform
California Association of Mental Health Peer-Run Organizations California Psychological Association
Caravan4Justice
Care First California
Center for Public Representation
Corporation for Supportive Housing
County Behavioral Health Directors Association
Decarcerate Sacramento
Depression and Bipolor Support Alliance – California
Disability Rights Advocates
Disability Rights California
Disability Rights Education & Defense Fund
Disability Rights Legal Center
Ella Baker Center for Human Rights
Funders Together to End Homelessness
Housing California
Housing is a Human Right Orange County
Human Rights Watch
Justice in Aging
JusticeLA
Law Foundation of Silicon Valley
Item 1C - 44
SB 1338

Los Angeles Community Action Network
Love & Justice in the Streets
Mental Health Advocacy Services
Mental Health America of California
Mental Health First
National Health Law Program
National Homelessness Law Center
New Life Ministries of Tulare County
People’s Budget Orange County
Project Amiga
Psychologists for Social Responsibility
Public Interest Law Project
Racial & Ethnic Mental Health Disparities Coalition
Rosen Bien Galvan & Grunfeld LLP
Sacramento Homeless Organizing Committee
Sacramento LGBT Community Center
Sacramento Regional Coalition to End Homelessness
San Bernardino Free Them All
San Francisco Pretrial Diversion Project
San Francisco Public Defender’s Office
Senior & Disability Action
Starting Over, Inc.

Street Watch LA
The Coelho Center for Disability Law, Policy & Innovation The Justice Teams Network
The SmithWaters Group
Western Center on Law and Poverty
Western Regional Advocacy Project
Three individuals
ARGUMENTS IN SUPPORT: The California Hospital Association writes in support:

In establishing the Community Assistance, Recovery, and Empowerment (CARE) Program, SB 1338 creates a new mechanism for loved ones and treatment professionals to bring unserved or underserved individuals to the attention of our county partners in an effort to avoid more restrictive approaches such as a conservatorship. They will then conduct a clinical evaluation and direct the individual to the appropriate level of care and support, be it CARE Court or other available services.

Item 1C - 45
SB 1338

We strongly support the bill’s inclusion of medications, treatment and graduation plans, CARE Court supporters, and $1.5 billion in bridge housing funds for which participants would be prioritized. Hospitals are hopeful that impending behavioral health capital infrastructure and workforce investments will expeditiously create the missing levels of care our communities so desperately need for individuals living with a serious mental illness.

According to the Big City Mayors Coalition, writing in support:

CARE Court connects a person struggling with untreated mental illness—and often also substance use challenges—with a court-ordered Care Plan for up to 24 months. Each plan is managed by a care team in the community and can include clinically prescribed, individualized interventions with several supportive services, medication, and a housing plan. The client-centered approach also includes a public defender and supporter to help make self- directed care decisions in addition to their full clinical team, as well as opportunities for early engagement and settlement agreements for treatment plans.

CARE Court is designed based on evidence that many people can stabilize, begin healing, and exit homelessness in less restrictive, community-based care settings. It’s a long-term strategy to positively impact the individual in care and the community around them. The plan advances an upstream diversion to get more people into care before conservatorship or even incarceration is needed.

ARGUMENTS IN OPPOSITION: A coalition of over 40 organizations dedicated to disability rights, mental illness treatment, ending homelessness, and protecting civil liberties, writes in opposition:

CARE Court flies in the face of any evidence-based approach to ending homelessness. It requires a person to be court-ordered into a treatment plan that includes a “housing plan,” without any guarantee that the plan will ever lead to permanent housing. As the Health and Human Services Agency recognizes, “finding stability and staying connected to treatment, even with the proper supports, is next to impossible while living outdoors, in a tent or a vehicle.” On this premise, a person should be offered housing before they can reasonably expected to engage in mental health services. Because SB 1338 specifically precludes a court from ordering and does not require a county to provide housing, CARE Court will create a system of distrust and further hinder participants from obtaining appropriate treatment and services by employing a coercive model…
Item 1C - 46
SB 1338

Despite SB 1338’s use of the terms “recovery” and “empowerment,” CARE Court sets up a system of coerced, involuntary outpatient civil commitment that deprives people with mental health disabilities of the right to make self- determined decisions about their own lives. Evidence does not support the conclusion that involuntary outpatient treatment is more effective than intensive voluntary outpatient treatment provided in accordance with evidence-based practices. Conversely, evidence shows that involuntary, coercive treatment is harmful.

According to the San Francisco Public Defender’s Office:

Because CARE Court will harm Californians with disabilities, experiencing homelessness, and involved in the criminal legal system, we cannot support this proposal. CARE Court is antithetical to recovery principles, which are based on self-determination and self-direction. The CARE Court proposal is based on stigma and stereotypes of people living with mental health disabilities and experiencing homelessness. While State resources must be urgently allocated towards addressing homelessness, incarceration, hospitalization, conservatorship, and premature death of Californians living with severe mental illness, CARE Court is the wrong framework. The right framework allows people with disabilities to retain autonomy over their own lives by providing them with meaningful and reliable access to affordable, accessible, integrated housing combined with voluntary services.

Prepared by: Allison Meredith / JUD. / (916) 651-4113
5/23/22 14:32:11
**** END ****
Item 1C - 47

CITY COUNCIL STAFF REPORT
06/16/2022   1. D.

City Clerk -

SUBJECT

RESOLUTION OF INTENTION TO LEVY ASSESSMENTS WITHIN THE PALM

SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING; REVIEW AND

APPROVAL OF REPORT OF THE TOURISM BUSINESS IMPROVEMENT
DISTRICT (TBID) ADVISORY BOARD, FISCAL YEAR 2022-2023
RECOMMENDATION:

Review and approve the Report of the Tourism Business Improvement District (TBID) Advisory Board, Fiscal Year 2022-2023.

1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING.”

2. Attachments
Item 1D

CITY COUNCIL STAFF REPORT

DATE: JUNE 16, 2022 CONSENT CALENDAR

SUBJECT: RESOLUTION OF INTENTION TO LEVY ASSESSMENTS WITHIN THE

PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT

DISTRICT AND SETTING A TIME AND PLACE FOR THE PUBLIC
HEARING; REVIEW AND APPROVAL OF REPORT OF THE TOURISM

BUSINESS IMPROVEMENT DISTRICT (TBID) ADVISORY BOARD,
FISCAL YEAR 2022-2023

FROM: Justin Clifton, City Manager

BY: Monique Lomeli, Interim City Clerk

SUMMARY:

The City Council will consider adopting a Resolution of Intention (Attachment A) to levy and collect assessments for the Palm Springs Small Hotel Tourism Business Improvement District and setting the public hearing for June 30, 2022.

RECOMMENDATION:

Review and approve Report of the Tourism Business Improvement District (TBID) Advisory Board, Fiscal Year 2022-2023; and

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

OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO LEV Y AND

COLLECT ASSESSMENTS WITHIN THE PALM SPRINGS SMALL HOTEL TOURISM

BUSINESS IMPROVEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING.”

STAFF ANALYSIS:

On November 16, 2016, the City Council adopted Ordinance No. 1903 establishing the Palm Springs Small Hotel Tourism Business Improvement District (TBID), and on November 2, 2016, adopted Resolution No. 24127 authorizing the levy of assessments.

TBID is a special benefit assessment district that was established by the City Council, under existing State law
1, for the specific purpose of funding improvements and activities

1 Parking and Business Improvement Area Law of 1989, Cal. Streets and Highways Code §36500 et seq.

Item 1D - 1

City Council Staff Report
June 16, 2022 -- Page 2
Small Hotel Tourism BID
to improve a specific business area and promote tourism within the area in question. The TBID assessment is not on real property, and therefore not subject to Proposition 218.

This mechanism is also in place on larger hotels with an assessment to fund the Greater Palm Springs Convention and Visitors Bureau (GPSCVB). The establishment and function of the TBID do not impact or pertain to the current GPSCVB assessment.

The TBID Advisory Board has submitted its report for Fiscal Year 2022- 23 (Attachment B) and is recommending the continuation of the 1% assessment on room revenue. The boundaries of the district are citywide, but the assessments would be limited to hotels of 49 rooms or less, of which there are approximately 81 small hotels in Palm Springs. The activities authorized by Ordinance No. 1903 include: (i) the promotion of tourism within the District; (ii) the promotion of public events that benefit hotel and motel businesses operating in the District; (iii) furnishing of music in any public place in the District; and (iv) activities that benefit hotel and motel businesses located and operating in the District. The primary purpose of these activities is to promote tourism within the District. The report is on file with the City Clerk ’s Office and contains a full and detailed description of : (i) the activities to be provided for the 2022/23 fiscal year; (ii) the boundaries of the District; and (iii) the proposed assessments to be levied upon the businesses within the area for that fiscal year.

In order to levy the assessments, state law requires that the City Council first approve the attached report, then adopt a resolution of intention, declaring the City Council’s intent to levy and collect the assessments. Among other things, the resolution of intention must fix a time and place for a public hearing to be held by the City Council on the levy of the proposed assessments for the fiscal year. That public hearing must be held not less than 10 days after the adoption of the resolution of intention. In addition, state law requires the City Clerk to give notice of the public hearing by causing the resolution of intention to be published in a newspaper of general circulation in the City, not less than 7 days before the public hearing.

The attached resolution of intention contains the information required by state law.

FISCAL IMPACT:

Bas
ed upon the current assessment information, the assessment will generate approximately $575,000 in FY 2022 -23 of restricted funds, for the specific purpose of advancing the TBID’s interests.

The City incurred costs in establishing the TBID in FY 2017-18 and will continue to incur costs in annually sustaining the TBID. These annual costs include mailings, hearings, notifications, related staff and research time. TBID administration includes collection, distribution, and auditing of the assessment, annual report preparation, and C ity staff time. All administrative staff time and costs are reimbursed from the proceeds of the assessment.

Item 1D - 2
City Council Staff Report
June 16, 2022 -- Page 3
Small Hotel Tourism BID
The Director of Finance estimates the cost to process monthly assessment returns and payments, collection of monthly assessment returns, annual administrative costs to prepare the notices, and conducting the public hearing to renew the TBID will be approximately $45,634 for FY 2022-23.

REVIEWED BY:

Department Director: Monique M. Lomeli (Interim)
Assistant Director of Finance Kristopher Mooney
City Manager: Justin Clifton
ATTACHMENTS:

A. Pr
oposed Resolution of Intent
B. Annual TBID Report for FY 2022-23
Item 1D - 3
ATT

ACHMENT A
Item 1D - 4
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DECLARING ITS

INTENTION TO LEVY ASSESSMENTS FUNDING THE

PALM SPRINGS SMALL HOTEL TOURISM BUSINESS
IMPROVEMENT DISTRICT, AND SETTING JUNE 30, 2022,

FOR THE PUBLIC HEARING

WHEREAS, the City of Palm Springs is a charter city organized and existing under the laws of the State of California (the “City”); and
WHEREAS, the Parking and Business Impr ovement Area Law of 1989 (California Streets and Highways Code sections 36500 et seq. (the “Act”) authorizes the City to improve a specific business area and promote tourism within the area in question, and to impose assessments on businesses for those purposes; and WHEREAS, on November 16, 2016 the City Council of the City adopted Ordinance 1903, adding Chapter 5.83 to the Palm Springs Municipal Code, and establishing the Palm Springs Small Hotel Tourism Business Improvement District (the “TBID”); and WHEREAS, on June 16, 2022, the C ouncil considered and approved an annual TBID report identifying activities planned fo r fiscal year 2022-23 and consistent with the requirements of Ordinance 1903 and the Act.

NOW, THEREFORE, BE IT RESOLVED , BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AS FOLLOWS:

1. The City Council hereby approves the re citals above as true and correct findings, incorporates those findings herein inclusive of all defined terms, and pursuant to the Act, declares its intention to levy and collect assessments within the TBID, a citywide district limited to hotels of
forty-nine (49) rooms or less, for fiscal year
2022-23.

2. The programs funded by t he TBID shall be for the promotion of the business activity of designated motel and hotels withi n the district. TBID activities shall include the promotion of tourism in the district, the promotion of public events that benefit motels and hotels operati ng in the district, the furnishing of music in any public place in the district, and activities that benefit hotel and motel businesses in the district, and possible physical improvements.

3. No changes are proposed as to the TB ID’s boundaries, which are co-extensive with the City limits of the City of Palm Springs, or as to the method and basis of levying assessments as established in Ordinance 1903 for fiscal year 2016-17, to wit, the assessment shall be at the rate of one percent (1%) of each day's daily gross revenue of room rents received by hotels and motels subject to the assessment for Fiscal Year 2022-23, from July 1, 2022, through June 30, 2023.

Item 1D - 5
Resolution No. _____

New hotel and motel businesses established during fiscal year 2022-23 within the TBID shall not be exempt from the levy of the assessment.

4. All interested parties shoul d refer to the annual report on file with the City Clerk of the City of Palm Springs, City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, prepared by the TBID Advisory Board, and presented to the City Council concurrent with this resolution, which report can also be found online at http://www.palmspringsca.gov. The report contains a detailed description of the activities to be provided for fiscal y ear 2022-23, the boundaries of the TBID, and the proposed assessments to be levied up on the businesses within, and subject to, assessments in the TBID for fiscal year 2022-23.

5. NOTICE IS HEREBY GIVEN that Thursday, June 30, 2022, at the hour of 6:00 p.m. or as soon thereafter as the matter may be heard, in the Council Chambers of the City of Pa lm Springs located at 3200 E. Tahquitz Canyon Way, Palm Springs, California, is fixed as the time and place for a public hearing on the levy of the proposed assessments for fiscal year 2022-23.

At the aforesaid public heari ng, the testimony of any and all interested persons for or against the levying of assessments for fi scal year 2022-23 or the furnishing of specified types of improvem ents or activities in fiscal year 2022-23 in the TBID shall be heard and considered by the City Council. Protests against the levying of assessments for fiscal year 2022-23, the ext ent of the area of the TBID, or the furnishing of specified types of improvement s or activities may be made orally or in writing by any interested person. Each written protest must be filed with the City Clerk, 3200 E. Tahquitz Canyon Way, Palm Springs, California, at or before the time fixed for the public hearing. A writt en protest may be withdr awn in writing at any time before the conclusion of the publ ic hearing. Each wr itten protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the bus iness and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accom panied by written evidence t hat the person subscribing is the owner of the business. A written protest inconsistent with this Resolution shall not be counted in determining a majority protest.

6. If written protests against the levyi ng of assessments for fiscal year 2022-23 are received from the owners of businesses in the TBID which would pay fifty percent (50%) or more of the assessments propos ed to be levied, and protests are not withdrawn so as to reduce the protest to less than fifty percent (50%), then no further proceedings to levy the proposed assessment may be taken by the City Council for a period of one (1) year from the date of the finding of a majority protest by the City Council. If the majority protes t is against the furnis hing of a specified Item 1D - 6
Resolution No. _____

type or types of improvement or activity within the TBID, then those types of improvements or activities shall be eliminated.

7. Any protest pertaining to t he regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Written protests shall be filed with the clerk at or before the time fixed for hearing.

8. The City Clerk shall give notice of the public hearing pursuant to California Streets and Highways Code Section 36523 by causing the publishing of this Resolution of intention in a newspaper of general circulation in the City once, for at least seven days before the public hearing.

PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 16
th DAY OF JUNE 2022.

______ __________________________

J U S T I N C L I F T O N

CITY MANAGER
ATTEST:

_______________________________
MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK

Item 1D - 7
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 Spri ngs, 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 the 16th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

______ _________________________
M O N I Q U E M . L O M E L I , C M C

I N T E R I M C I T Y C L E R K
Item 1D - 8

ATTACHMENT B
Item 1D - 9

PALM SPRINGS SMALL HOTEL

TOURISM BUSINESS IMPROVEMENT DISTRICT
“TBID”

CITY OF PALM SPRINGS, CALIFORNIA

REPORT OF THE TBID ADVISORY BOARD
FISCAL YEAR 2022-2023
Introduction
The Advisory Board of the Palm Springs Small Hotel Business Improvement District (the “TBID”), has caused this report to be prepared pursuant to Section 36533 of the Parking and Business Improvement Law of 1989 (Section 36500 and following of the California Streets and Highways Code) (the “Law”).

This report is for the TBID for Fiscal Year 2022-2023, commencing July 1, 2022 and ending June 30, 2023.

As required by the Law, this report contains the following information:
(1) Any proposed changes in the boundaries of the TBID or in any benefit zones within the TBID;
(2) The improvements and activities to be provided for Fiscal Year 2022-2023; (3) An estimate of the cost of providing the improvements and the activities for that fiscal year;
(4) The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for Fiscal Year 2022-2023.
(5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and
(6) The amount of any contributions to be made from sources other than assessments levied pursuant to the Law.

Item 1D - 10
Advisory Board Report Fiscal Year 2022-2023. Page 2 SECTION 1: Proposed changes in the boundaries of the TBID or in any benefit zones within the TBID.

The boundaries of the TBID are the City Limits of the City of Palm Springs.

These boundaries will continue for Fiscal Year 2022- 2023. There are no benefit zones within the TBID.

SECTION 2: The improvements and activities to be provided for Fiscal Year 2022-2023.

No improvements are proposed to be provided for Fiscal Year 2022-2023. The activities listed in Exhibit ‘A’ to this Report are proposed to be provided annually. Not all of these activities may be provided during that Fiscal Year, though work may be done on any or all of the activities during the Fiscal Year.

SECTION 3: An estimate of the cost of providing the improvements and the activities for Fiscal Year 2022-2023.

The total cost of providing the activities is estimated to be $ 802,134.00. The budget for providing the activities is set forth in Exhibit ‘A’ to this Report.

SECTION 4: The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for Fiscal Year 2022-2023.

Except where otherwise defined in this Report, all capitalized terms shall have the meanings set forth in the Palm Springs Municipal Code. Additionally, the following terms shall have the following meanings:

A. “Gross Occupancy Revenue” means the total Rent received from Transients by a Hotel and Motel Business.

B. “Hotel and Motel Business” means any Operator of a Hotel.

C. “Transient Occupancy Tax” means the tax imposed by the City in the Municipal Code.

The Assessment will be levied against each Hotel and Motel Business in the City consisting of 49 rooms or less. No other business shall be subject to the Assessment.

The Assessment will be calculated as a percentage of each day’s Gross Occupancy Revenue. The rate of the Assessment will be set annually by resolution of the City Council adopted pursuant to Section 36535 of the Law. For Fiscal Year 2022-2023 the rate is recommended to be one percent (1.0%).

Item 1D - 11
Advisory Board Report Fiscal Year 2022-2023 Page 3 The Assessment calculated based on each day’s Gross Occupancy Revenues shall be paid to the City no later than the date on which the Hotel and Motel Business is required, pursuant to the Palm Springs Municipal Code, to remit to the City the Transient Occupancy Tax collected by the Hotel and Motel Business on that day.

New Hotel and Motel Businesses established in the District after the beginning of any fiscal year shall not be exempt from the levy of the assessment for that fiscal year but shall instead be subject to the assessment.

SECTION 5: The amount of any surplus or deficit revenues to be carried over from a previous fiscal year
It is projected that $ 629,245.00 in TBID revenues will be carried over from Fiscal Year 2021-2022 to Fiscal Year 2022-2023 to fund activities of the TBID.

SECTION 6: The amount of any contributions to be made from sources other than assessments levied pursuant to the Law.

Assessment Proceeds were estimated to be approximately $590,000.00 for Fiscal Year 2021-2022. There are no contributions expected from other funding sources.

Assessment proceeds will be spent only on activities authorized in the resolutions of the City Council of the City of Palm Springs establishing the TBID and/or levying the assessments.

Submitted by: Michael C. Green, President, on behalf of the TBID Advisory Board to the Office of the City Clerk on April 27, 2022.

Item 1D - 12
Activities, Programs and Services
To be Funded by
Palm Springs Small Hotel TBID
Fiscal Year 2022-23
Addendum "A"
Projected Budget

Carry-Over from 2021-2022 $ 629,245.00
Estimated collections for 2022-2023 $ 575,000.00

Total Estimated Budget (2022-2023) $ 1,204,245.00

Advertising and Direct Marketing
Ad Media $ 250,000.00
PPC $ 75,000.00
Social Media $ 35,000.00
Creative Development/Project Direction $ 20,000.00 Agency Fees $ 36,000.00
Video Production $ 35,000.00
Photography $ 20,000.00
Print Collateral/Printing $ 5,000.00
Website Development/Programming $ 50,000.00 Database Research and Development $ 12,000.00

Public Relations
Newsletters & Blogs $ 15,000.00
Fams and Missions $ 30,000.00
PR Agency Fees $ 36,000.00
Media Monitoring $ 15,000.00
Special Programs/Artist in Residence $ 45,000.00

Promotions and Events $ 40,000.00

Office Supplies/Postage $ 2,500.00

Research $ 35,000.00

Administration $ 45,634.00
Costs of collecting and administering the assessment
(reimbursed to the city of Palm Springs)

Total Projected Spending for 2022-2023 (Budgeted) $ 802,134.00 Fund Balance $ 402,111.00

Item 1D - 13
Addendum "B"
Projected Spending Activities, Programs and Services
of the
Palm Springs Small Hotel TBID
Fiscal Year 2021-2022
Advertising and Direct Marketing
Ad Media $ 153,000.00
PPC $ 50,000.00
Social Media $ 24,000.00
Ad Production $ 5,000.00
Agency Fees $ 36,000.00
Creative Development/Project Direction $ 20,000.00

Video Production $ 20,000.00
Photography $ 10,000.00
Print Collateral/Printing $ 5,000.00
Website Development/Programming $ 20,000.00

Public Relations
Fams and Missions $ 20,000.00
PR Agency Fees $ 36,000.00
Media Monitoring $. 10,000.00

Promotions and Events $ 20,000.00

Office Supplies/Postage $ 2,000.00

Research $ 20,000.00

Administration $ 45,634.00
Costs of collecting and administering the assessment
(reimbursed to the city of Palm Springs)

Total Projected Spending for 2021-2022 (Budgeted) $ 496,634.00

Carry-over from Fiscal Year 2020-2021 (Actual) $ 457,389.00

Projected Assessment Collections for 2021-2022 (Per TBID Estimate) $ 590,000.00

Projected Carry-over (Based on Projected Assessment Collections) $ 629,245.00

Item 1D - 14

CITY COUNCIL STAFF REPORT
06/16/2022   1. E.

City Clerk -

SUBJECT
SECOND READING AND ADOPTION OF ORDINANCE NO. 2064 AUTHORIZING A MILITARY EQUIPMENT USE POLICY, AS REQUIRED BY ASSEMBLY BILL 481 RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2064 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 1E

CITY COUNCIL STAFF REPORT
D
ATE: June 16, 2022 CONSENT CALENDAR
SU
BJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 20 64

AUTHORIZING A MILITARY EQUIPMENT USE POLICY, AS REQUIRED BY ASSEMBLY BILL 481
F
ROM: Justin Clifton, City Manager
BY: M
onique M. Lomeli, Interim City Clerk
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2064 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." BACKGROUND:

On May 26, 2022 , the City Council introduced Ordinance No. 2064 for first reading, as noted below:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 4- 0, to introduce Ordinance No. 2064 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,” as amended.

City Attorney’s Summary: This ordinance would adopt a policy for the City of Palm Springs Police Department regarding the use of certain military equipment and the reporting on such use, as required by Assembly Bill 481.

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

The ordinance shall be effective 30-days from adoption.

REVIEWED BY:

Department Director: Monique M. Lomeli (Interim)
City Manager: Justin Clifton
ATTACHMENT:

O
rdinance No. 2064
Item 1E - 1
ORDINANCE NO. 2064

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
City Attorney’s Summary
This ordinance would adopt a policy for the City of Palm Springs Police Department regarding the use of certain military equipment and the reporting on such use, as required by 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 W
HEREAS, 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 equi pment; 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
W
HEREAS, to continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the P olicy no later than May 1, 2022; and
W
HEREAS, proceedings for commencement of the process of adopting the Policy began prior to May 1, 2022; and
W
HEREAS, 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; W
HEREAS, 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
Item 1E - 2
Ordinance No. 2064

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

WHEREAS, this Ordinance shall be reviewed by the City Council at least annually and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval.

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

SECTION 1. RECITALS
The City Council finds that all recitals, facts, findings, and conclusions set forth above are true and correct and hereby incorporated by reference.

SECTION 2. FINDINGS
Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:

A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. If the Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

E. The Department shall evaluate its stock of military equipment and reduce the amount of military equipment where possible.

Item 1E - 3
Ordinance No. 2064

SECTION 3. ADOPTION OF MILITARY EQUIPMENT POLICY
The City Council hereby adopts Policy No. 709, Military Equipment Policy, along with any related Attachments, which are all attached hereto as Attachment “A”.

SECTION 4. CEQA.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Secti on 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. EFFECTIVE DATE.

This ordinance shall be effective thirty (30) days from and after its final passage.

SECTION 6. SEVERABILITY.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Palm Springs hereby declare they would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions. sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 7. PUBLICATION.

The City Clerk is authorized and directed to cause this ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 16
TH DAY OF JUNE, 2022.

LISA MIDDLETON
MAYOR

Item 1E - 4
Ordinance No. 2064

ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK

Item 1E - 5
Ordinance No. 2064

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK

Item 1E - 6
Palm Springs Police Department
Policies

Military Equipment
709.1 PURPOSE AND SCOPE
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
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes 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 modifi ed 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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Published with permission by Palm Springs Police Department ***DRAFT*** Military Equipment - 1 State
State MODIFIED
Policy
709
Item 1E - 7
Palm Springs Police Department
Policies

Military Equipment

709.2 POLICY
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
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
The following constitutes a list of qualifying equipment for the Department See attachment: Palm Springs Police Department Specialized Equipment Inventory.pdf

709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body 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

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Published with permission by Palm Springs Police Department ***DRAFT*** Military Equipment - 2 State
Best Practice
State MODIFIED
State
Item 1E - 8
Palm Springs Police Department
Policies

Military Equipment

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. (h) 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.

709.6 COORDINATION WITH OTHER JURISDICTIONS
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.

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 a id 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.

709.7 ANNUAL REPORT
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 State MODIFIED
State
Item 1E - 9
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.

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Published with permission by Palm Springs Police Department ***DRAFT*** Military Equipment - 3 Item 1E - 10
Palm Springs Police Department
Policies

Military Equipment

709.8 COMMUNITY ENGAGEMENT
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
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
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]

2. Via phone call to: (760) 323-8126

3. 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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Published with permission by Palm Springs Police Department ***DRAFT*** Military Equipment - 4 State
Agency Content
Agency Content
Item 1E - 11
Policies

Attachments

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Published with permission by Palm Springs Police Department ***DRAFT*** Attachments - 5 Item 1E - 12

Policies

Palm Springs Police Department
Specialized Equipment Inventory.pdf

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Published with permission by Palm Springs Police Department ***DRAFT*** Palm Springs Police Department Specialized
Equipment Inventory.pdf - 6
Attachment
Item 1E - 13

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. Armored 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 1E - 14
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) a. Description, quantity, capabilities, and purchase cost:

Item 1E - 15
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, Item 1E - 16
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. AI Bolt Action .308 caliber Rifle, cost approximately: $12,000, quantity: 3 III. 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/M16 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. d. Expected Life Span:

I. Colt AR 15/M4 Rifle – No expiration
II. AI Bolt Action .308 caliber Rifle – No expiration
Item 1E - 17
III. 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/M16 Semi Auto – No expiration
VII. H&K Rifles, MP5 - no longer in use
VIII. H&K Rifles, HK53 – No longer in use

e. Fiscal Impact:

Item 1E - 18
I. Colt AR 15/M4 Rifle – Annual cost between $0 - $20,000 II. AI Bolt Action .308 caliber Rifle – Annual cost between $0 - $12,000 III. 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/M16 Semi Auto – Annual Cost - $0
VII. H&K Rifles, MP5 - 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.

III. Nonel Shock tube blasting caps: cost: total $1185, quantity 150.

Item 1E - 19
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
III. 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 III. None Starters – $0

8. 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
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:

Item 1E - 20
5 years
e. Fiscal Impact:

I. NFDD CTS Model 7290M – Annual cost between $0 - $4300 II. 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 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 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. 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 - The 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.

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
III. 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 Item 1E - 21
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 the following or other comparable situations:

I. Self-destructive, dangerous and/or combative individuals.

II. Violent riot/crowd 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.

III. 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
III. 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 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 the following or other comparable situations:

I. Self-destructive, dangerous and/or combative individuals.

II. Against individuals actively engaged in acts of violence or mass destruction.

III. Circumstances where a tactical advantage can be obtained.

IV. Potentially vicious animals.

V. Training exercises or approved demonstrations.

VI. 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.

VII. Projectiles shall not be used to disburse crowds or people exercising their Item 1E - 22
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. Maintenance of Military Use Supply Levels
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.

Item 1E - 23

CITY COUNCIL STAFF REPORT
06/16/2022   1. F.

City Clerk -

SUBJECT

APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:

Adopt a Resolution entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 04-16-22 AND 04-30-22 TOTALING $3,753,421.71 AND ACCOUNTS PAYABLE WARRANTS DATED 04-14-22 AND 04-28-22 TOTALING $5,832,262.40, IN THE AGGREGATE AMOUNT OF $9,585,684.11, DRAWN ON BANK OF AMERICA."
Attachments
Item 1F
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF

PAYROLL WARRANTS/ DISBURSEMENTS FOR THE
PERIOD ENDING 04- 16-22 AND 04-30-22 TOTALING
$3,753,421.71 AND ACCOUNTS PAYABLE WARRANTS
DATED 04-14-22 AND 04-28-22 TOTALING $5,832,262.40,
IN THE AGGREGATE AMOUNT OF $9,585,684.11, DRAWN
ON BANK OF AMERICA.

WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and

WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.

Nancy A. Pauley
Director of Finance and Treasurer

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

ADOPTED THIS 16TH DAY OF JUNE, 2022
.

JUSTIN CLIFTON

CITY MANAGER

ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
1F - 1
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
1F - 2

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

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 1,842,415.07
DEFERRED COMP: NATIONWIDE 22,587.63
ICMA RHS CONTRIBUTION 18,825.00
CA DCCS 2,584.54
STATE TAXES 82,416.45
10,532.45
NY LIFE SUPPLMNTL INS 3,082.21
DEFERRED COMP: ICMA 457 37,743.84
LIABILITY CHECK REGISTER 2004005-2004018 24,771.70
PAYROLL DIRECT DEPOSITS 1,357,785.92
FEDERAL TAXES 256,149.53
Transaction Type Check Numbers
Amount
PAYROLL CHECK REGISTER 421973-421987 25,935.80
May 12, 2022
PAYROLL PERIOD ENDING 4/16/2022
PAY DATE 4/22/2022
Payroll Wires and Warrants Memo for Council 2022.xlsx | 061622 |5/25/2022 | 4:22 PM (AM) 1 | 1 1F - 3

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

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 1,911,006.64
DEFERRED COMP: NATIONWIDE 22,087.63
ICMA RHS CONTRIBUTION 19,025.00
CA DCCS 2,522.04
STATE TAXES 88,041.53
10,692.49
NY LIFE SUPPLMNTL INS 3,250.03
DEFERRED COMP: ICMA 457 39,058.84
LIABILITY CHECK REGISTER 2004194-2004207 25,529.71
PAYROLL DIRECT DEPOSITS 1,402,851.32
FEDERAL TAXES 268,353.19
Transaction Type Check Numbers
Amount
PAYROLL CHECK REGISTER 422003-421988 29,594.86
May 12, 2022
PAYROLL PERIOD ENDING 4/30/2022
PAY DATE 5/6/2022
Payroll Wires and Warrants Memo for Council 2022.xlsx | 06162022 (2) |5/25/2022 | 4:27 PM (AM) 1 | 1 1F - 4
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 04/14/2022 17:33
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2003744 04/14/2022 PRINTED 103827 ACA PICO SALSA 750.00 2003745 04/14/2022 PRINTED 100024 ACE PRINTING 562.64 2003746 04/14/2022 PRINTED 100543 ACTION TARGET 1,931.79 2003747 04/14/2022 PRINTED 103608 ADK CONSULTING INC 18,080.00 2003748 04/14/2022 PRINTED 101028 AEG BUREAU OF TOURISM 44,969.00 2003749 04/14/2022 PRINTED 101028 AEG BUREAU OF TOURISM 5,529.00 2003750 04/14/2022 PRINTED 101028 AEG BUREAU OF TOURISM 67,142.80 2003751 04/14/2022 PRINTED 102948 AERO SYSTEMS ENGINEERING 7,415.10 2003752 04/14/2022 PRINTED 100403 AETNA 18,522.71 2003753 04/14/2022 PRINTED 100218 AGUA CALIENTE BAND OF CAH 1,000.00 2003754 04/14/2022 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 19,854.69 2003755 04/14/2022 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 5,363.00 2003756 04/14/2022 PRINTED 100375 ALL STAR GLASS 571.10 2003757 04/14/2022 PRINTED 103781 AMAZON.COM SALES INC 1,306.61 2003758 04/14/2022 PRINTED 103786 AMBRY EQUIPMENT 4,369.77 2003759 04/14/2022 PRINTED 100383 AMERICAN FORENSIC NURSES 4,942.42 2003760 04/14/2022 PRINTED 100879 ARCCOPS 200.00 2003761 04/14/2022 PRINTED 100370 AT&T 283.40 2003762 04/14/2022 PRINTED 101698 ATLANTIC PALM SPRINGS 500.00 2003763 04/14/2022 PRINTED 101410 ATWORK PERSONNEL SERVICES 414.96 2003764 04/14/2022 PRINTED 100556 AUDIO ASSOCIATES OF SAN D 2,927.90 2003765 04/14/2022 PRINTED 100502 BADGE FRAME INC 609.57 2003766 04/14/2022 PRINTED 100919 BENEFIT EXPRESS SERVICES 6,529.95 2003767 04/14/2022 PRINTED 100020 BEST BEST & KRIEGER 159,437.28 2003768 04/14/2022 PRINTED 101488 BIO SOCAL 595.00 2003769 04/14/2022 PRINTED 100366 BIO TOX LABORATORIES 1,594.00 2003770 04/14/2022 PRINTED 101696 BLACK AND WHITE EMERGENCY 75,457.54 2003771 04/14/2022 PRINTED 103826 JOHN BLANCHARD 802.00 2003772 04/14/2022 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 513,718.70 2003773 04/14/2022 PRINTED 100128 BRODART CO 2,552.66 2003774 04/14/2022 PRINTED 101331 BRUCE BOWER INVESTIGATION 3,361.89 2003775 04/14/2022 PRINTED 101203 BUREAU VERITAS NORTH AMER 236,687.80 2003776 04/14/2022 PRINTED 015918 JEFFREY BURTON 45.00 2003777 04/14/2022 PRINTED 103263 BWW & COMPANY INC 204,725.00 2003778 04/14/2022 PRINTED 101288 CALIFORNIA BOILER 2,427.16 2003779 04/14/2022 PRINTED 010975 RACHELLE CAMPBELL 1,070.00 2003780 04/14/2022 PRINTED 015238 WILLIE CASTILLO 1,500.00 2003781 04/14/2022 PRINTED 101860 CENTRAL COMMUNICATIONS 738.93 2003782 04/14/2022 PRINTED 103543 R E CHAFFEE CONSTRUCTION 303,097.50 2003783 04/14/2022 PRINTED 100373 THE CIMA COMPANIES INC 4,848.20 2003784 04/14/2022 PRINTED 100558 CINTAS CORPORATION 197.92 2003785 04/14/2022 PRINTED 101350 CLASSIC AUTO RESTYLING 485.00 2003786 04/14/2022 PRINTED 100573 CLEAN ENERGY FUELS 2,807.81 2003787 04/14/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 204,577.61 2003788 04/14/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 10,838.96 2003789 04/14/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 11,768.09 2003790 04/14/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 21,009.68 2003791 04/14/2022 PRINTED 100928 COLANTUONO HIGHSMITH AND 8,732.00 2003792 04/14/2022 PRINTED 101744 COMPRESSED AIR SPECIALTIE 11,391.17 2003793 04/14/2022 PRINTED 103834 COMPUTERSHARE TRUST COMPA 2,500.00 2003794 04/14/2022 PRINTED 100155 COMTRONIX COMMUNICATIONS 5,886.47 2003795 04/14/2022 PRINTED 101238 CONSERVE LANDCARE LLC 88,143.23 1F - 5
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 04/14/2022 17:33
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2003796 04/14/2022 PRINTED 103771 CORE COMPLIANCE LLC 3,500.00 2003797 04/14/2022 PRINTED 101598 CORODATA RECORDS MANAGEME 56.65 2003798 04/14/2022 PRINTED 101750 COSTAR GROUP 9,751.00 2003799 04/14/2022 PRINTED 100253 COUNTS UNLIMITED INC 930.00 2003800 04/14/2022 PRINTED 100085 COUNTY OF RIVERSIDE ENVIR 1,957.75 2003801 04/14/2022 PRINTED 100006 CPCA 10,300.00 2003802 04/14/2022 PRINTED 010915 JARVIS CRAWFORD 543.38 2003803 04/14/2022 PRINTED 015542 JOSHUA CROCKER 2,018.53 2003804 04/14/2022 PRINTED 100490 CVCC 121,450.99 2003805 04/14/2022 PRINTED 100490 CVCC 2,772.00 2003806 04/14/2022 PRINTED 100322 CYRUN CORPORATION 75,390.00 2003807 04/14/2022 PRINTED 100318 DATA TICKET INC 613.00 2003808 04/14/2022 PRINTED 100265 DELL MARKETING LP 13,345.39 2003809 04/14/2022 PRINTED 101281 DELTA DENTAL HMO 1,761.15 2003810 04/14/2022 PRINTED 101282 DELTA DENTAL PPO 21,304.53 2003811 04/14/2022 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 2,329.98 2003812 04/14/2022 PRINTED 103448 DESERT HOSE SUPPLY 1,253.18 2003813 04/14/2022 PRINTED 100580 DESERT PROMOTIONAL EMBROI 141.38 2003814 04/14/2022 PRINTED 101687 DIAMOND CHEVROLET 2,079.72 2003815 04/14/2022 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 399.87 2003816 04/14/2022 PRINTED 100609 DIRECTV 146.99 2003817 04/14/2022 PRINTED 100609 DIRECTV 43.99 2003818 04/14/2022 PRINTED 100151 DOOLEY ENTERPRISES INC 21,997.02 2003819 04/14/2022 PRINTED 101244 DOWNS ENERGY 46,351.61 2003820 04/14/2022 PRINTED 100393 DOWNTOWN SHELL 339.99 2003821 04/14/2022 PRINTED 100294 DUDEK 45,777.51 2003822 04/14/2022 PRINTED 100054 DESERT WATER AGENCY 15,564.49 2003823 04/14/2022 PRINTED 100054 DESERT WATER AGENCY 32,230.14 2003824 04/14/2022 PRINTED 100054 DESERT WATER AGENCY 504.43 2003825 04/14/2022 PRINTED 100055 DESERT WATER AGENCY 656.84 2003826 04/14/2022 PRINTED 101648 ECITY TRANSACTIONS LLC 600.00 2003827 04/14/2022 PRINTED 101536 ELECNOR BELCO ELECTRIC IN 591,852.59 2003828 04/14/2022 PRINTED 100701 EISENHOWER MEDICAL CENTER 1,428.00 2003829 04/14/2022 PRINTED 100226 ENTERPRISE RENT A CAR 787.28 2003830 04/14/2022 PRINTED 101496 JULIO G ESCOBEDO JR 2,850.00 2003831 04/14/2022 PRINTED 100081 FEDERAL EXPRESS CORPORATI 317.70 2003832 04/14/2022 PRINTED 100214 FRANKLIN TRUCK PARTS INC. 519.21 2003833 04/14/2022 PRINTED 101723 FROG ENVIRONMENTAL 575.00 2003834 04/14/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 68.59 2003835 04/14/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 139.99 2003836 04/14/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 11,068.55 2003837 04/14/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,594.07 2003838 04/14/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C .48 2003839 04/14/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 64.17 2003840 04/14/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 125.98 2003841 04/14/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 68.40 2003842 04/14/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 68.40 2003843 04/14/2022 PRINTED 100724 BGF LLC / GAY DESERT GUID 11,500.00 2003844 04/14/2022 PRINTED 100600 GEOSPATIAL TECHNOLOGIES I 3,750.00 2003845 04/14/2022 PRINTED 100536 GLS 520.03 2003846 04/14/2022 PRINTED 103815 GRACE INDUSTRIES INC 3,712.98 2003847 04/14/2022 PRINTED 101514 GRAFFITI PROTECTIVE COATI 12,334.34 1F - 6
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 04/14/2022 17:33
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2003848 04/14/2022 PRINTED 100313 GRANICUS INC 275.63 2003849 04/14/2022 PRINTED 100681 GREATER PALM SPRINGS PRID 1,000.00 2003850 04/14/2022 PRINTED 100382 HOME DEPOT USA INC 168.60 2003851 04/14/2022 PRINTED 100519 HORIZON LIGHTING INC 3,411.43 2003852 04/14/2022 PRINTED 016154 JASMINE HUGHES 336.66 2003853 04/14/2022 PRINTED 010884 WILLIAM HUTCHINSON 2,018.53 2003854 04/14/2022 PRINTED 100356 HYDRO TEK SYSTEMS INC 1,007.73 2003855 04/14/2022 PRINTED 103681 IMPRENTA COMMUNICATIONS G 6,600.00 2003856 04/14/2022 PRINTED 100483 INFOSAT 228.30 2003857 04/14/2022 PRINTED 103635 INLAND EMPIRE BROADCASTIN 3,800.00 2003858 04/14/2022 PRINTED 101547 INTELLIGENT VIDEO SOLUTIO 680.00 2003859 04/14/2022 PRINTED 101727 IRON MOUNTAIN 1,169.90 2003860 04/14/2022 PRINTED 101364 IT1 SOURCE LLC 4,181.33 2003861 04/14/2022 PRINTED 016145 JOVANNI JIMENEZ 163.11 2003862 04/14/2022 PRINTED 100269 JIMMYS EQUIPMENT 652.32 2003863 04/14/2022 PRINTED 101700 JNS NEXT 195.00 2003864 04/14/2022 PRINTED 101753 JOHN BEAN TECHNOLOGIES CO 90,449.11 2003865 04/14/2022 PRINTED 101242 KANOSKI PAINTING 695.00 2003866 04/14/2022 PRINTED 102548 KATHLEEN HERRING 639.00 2003867 04/14/2022 PRINTED 103525 KGAY PSP CORPORATION 690.00 2003868 04/14/2022 PRINTED 101599 TYSEN KNIGHT 2,550.00 2003869 04/14/2022 PRINTED 015830 STACI KOLBECK 145.00 2003870 04/14/2022 PRINTED 015430 LEMBIT KULBIN 97.10 2003871 04/14/2022 PRINTED 100127 L N CURTIS AND SONS 2,707.22 2003872 04/14/2022 PRINTED 100439 THE LAMAR COMPANIES 1,500.00 2003873 04/14/2022 PRINTED 016065 MARK LAMBERMONT 119.20 2003874 04/14/2022 PRINTED 103581 LARRY HOCHANADEL CONSTRUC 57.00 2003875 04/14/2022 PRINTED 103837 MATTHEW LESNIAK 54.97 2003876 04/14/2022 PRINTED 100332 LIEBERT CASSIDY WHITMORE 19,387.57 2003877 04/14/2022 PRINTED 100332 LIEBERT CASSIDY WHITMORE 100.00 2003878 04/14/2022 PRINTED 102444 LIFT TO RISE 897.80 2003879 04/14/2022 PRINTED 015492 MARCUS LITCH 925.50 2003880 04/14/2022 PRINTED 103776 LITTLE TUSCANY NEIGHBORHO 150.00 2003881 04/14/2022 PRINTED 101260 THE LLOYD PEST CONTROL 40.00 2003882 04/14/2022 PRINTED 101309 LNRS DATA SERVICES INC. 1,695.25 2003883 04/14/2022 PRINTED 100208 MANAGED HEALTH NETWORK IN 1,125.60 2003884 04/14/2022 PRINTED 103647 MARINA LANDSCAPE INC 37,464.67 2003885 04/14/2022 PRINTED 101612 MARVINS AUTO PAINT INC. 4,554.81 2003886 04/14/2022 PRINTED 100277 METRO VIDEO SYSTEMS INC 6,535.38 2003887 04/14/2022 PRINTED 102621 JEROME MICKELSON 1,599.93 2003888 04/14/2022 PRINTED 101798 MIDWEST TAPE INC 981.95 2003889 04/14/2022 PRINTED 016175 CHERIE MILLER 2,018.53 2003890 04/14/2022 PRINTED 100223 MOBILE MINI LLC CA 162.35 2003891 04/14/2022 PRINTED 100079 MOHICA TOWING 771.00 2003892 04/14/2022 PRINTED 103808 MOMMASBOY COOKIES 3,052.00 2003893 04/14/2022 PRINTED 101404 MOOD MEDIA 652.40 2003894 04/14/2022 PRINTED 101855 MOTOWORX GARAGE 161.06 2003895 04/14/2022 PRINTED 101308 NATIONAL AUTO FLEET GROUP 80,924.33 2003896 04/14/2022 PRINTED 103688 NATIONAL PUBLIC SAFETY GR 9,375.00 2003897 04/14/2022 PRINTED 100704 NATIONAL TESTING NETWORK 150.00 2003898 04/14/2022 PRINTED 100417 NI GOVERNMENT SERVICES IN 272.33 2003899 04/14/2022 PRINTED 100638 O'BAYLEY COMMUNICATIONS 360.00 1F - 7
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 04/14/2022 17:33
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2003900 04/14/2022 PRINTED 100548 O'LINN EXECUTIVE SECURITY 1,053.60 2003901 04/14/2022 PRINTED 100172 OFFICE DEPOT 8,626.95 2003902 04/14/2022 PRINTED 015912 JULIE OSBURN 1,150.00 2003903 04/14/2022 PRINTED 101593 OUT-FIT A CALIFORNIA CORP 4,995.51 2003904 04/14/2022 PRINTED 100569 PALM SPRINGS CHAMBER OF C 2,500.00 2003905 04/14/2022 PRINTED 100003 PALM SPRINGS DISPOSAL SER 271.96 2003906 04/14/2022 PRINTED 100133 PALM SPRINGS MOTORS 136.54 2003907 04/14/2022 PRINTED 100075 PALM SPRINGS UNIFIED SCHO 48.75 2003908 04/14/2022 PRINTED 100083 PALM SPRINGS WELDING 5,615.00 2003909 04/14/2022 PRINTED 100147 PATTON DOOR AND GATE 3,910.00 2003910 04/14/2022 PRINTED 103798 PIROZZI FAMILY TRUST ESTD 3,628.77 2003911 04/14/2022 PRINTED 101711 PLACER LABS INC 15,000.00 2003912 04/14/2022 PRINTED 103521 PLAZA TOWING INC 1,027.50 2003913 04/14/2022 PRINTED 101374 PRECISION TECHNOLOGIES 4,293.90 2003914 04/14/2022 PRINTED 101292 PROFESSIONAL MEDICAL WARE 6,574.15 2003915 04/14/2022 PRINTED 100596 PROPER SOLUTIONS INC 12,027.78 2003916 04/14/2022 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 656.37 2003917 04/14/2022 PRINTED 100654 PS RESORTS 73,142.00 2003918 04/14/2022 PRINTED 101658 THE PUN GROUP LLP 13,500.00 2003919 04/14/2022 PRINTED 101250 PWLC II INC 36,008.62 2003920 04/14/2022 PRINTED 103788 QUALITY IMPRINT 1,279.65 2003921 04/14/2022 PRINTED 101642 QUENCH USA INC 321.21 2003922 04/14/2022 PRINTED 101352 R & R JANITORIAL SERVICE 37,320.73 2003923 04/14/2022 PRINTED 101629 THE RAMSAY GROUP 8,625.00 2003924 04/14/2022 PRINTED 101527 RATTLE TECH LLC 500.00 2003925 04/14/2022 PRINTED 103724 RECREATE WASTE COLLABORAT 4,876.35 2003926 04/14/2022 PRINTED 101739 REFRIGERATION SUPPLIES DI 1,528.09 2003927 04/14/2022 PRINTED 101363 RICONDO AND ASSOCIATES IN 18,342.50 2003928 04/14/2022 PRINTED 100086 RIVERSIDE COMMUNITY COLLE 1,840.00 2003929 04/14/2022 PRINTED 100628 RIVERSIDE COUNTY CLERK 50.00 2003930 04/14/2022 PRINTED 100950 RIVERSIDE UNIVERSITY HEAL 2,400.00 2003931 04/14/2022 PRINTED 103678 ROADRUNNER PRINTING AND S 541.77 2003932 04/14/2022 PRINTED 015060 ANGELA SAWYER 392.47 2003933 04/14/2022 PRINTED 101542 SC COMMERCIAL 12,707.88 2003934 04/14/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 101,884.78 2003935 04/14/2022 PRINTED 101703 SCI CONSULTING GROUP 3,000.00 2003936 04/14/2022 PRINTED 016406 GREGORY SEGURA 94.93 2003937 04/14/2022 PRINTED 101515 MARIA SHAFER 975.00 2003938 04/14/2022 PRINTED 100435 THE SHREDDERS 161.00 2003939 04/14/2022 PRINTED 100010 SMOKE TREE STABLES 759.40 2003940 04/14/2022 PRINTED 103508 SOUTHERN CALIFORNIA FLEET 3,421.47 2003941 04/14/2022 PRINTED 100000 SOUTH COAST AQMD 1,022.89 2003942 04/14/2022 PRINTED 100327 SOUTH COAST EMERGENCY VEH 12,344.33 2003943 04/14/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 12,196.24 2003944 04/14/2022 PRINTED 100594 SOUTHWEST PLUMBING INC 329.08 2003945 04/14/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 409.58 2003946 04/14/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 82.88 2003947 04/14/2022 PRINTED 100544 STANLEY ACCESS TECHNOLOGI 354.00 2003948 04/14/2022 PRINTED 103703 WALKING S INC 14,000.00 2003949 04/14/2022 PRINTED 103779 STOP STICK LTD 3,055.53 2003950 04/14/2022 PRINTED 100531 SUPERIOR READY MIX CONCRE 835.29 2003951 04/14/2022 PRINTED 101867 SWAGIT PRODUCTIONS LLC 2,045.00 1F - 8
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 04/14/2022 17:33
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2003952 04/14/2022 PRINTED 103831 TEAM ONE NETWORK LLC 2,500.00 2003953 04/14/2022 PRINTED 015978 TAYLOR TEEPLE 125.00 2003954 04/14/2022 PRINTED 101825 TELOS IDENTITY MGMT SOLUT 1,370.50 2003955 04/14/2022 PRINTED 011020 TIMOTHY THOMAS 1,093.66 2003956 04/14/2022 PRINTED 100353 TIME WARNER CABLE 182.88 2003957 04/14/2022 PRINTED 100353 TIME WARNER CABLE 1,320.53 2003958 04/14/2022 PRINTED 100353 TIME WARNER CABLE 206.79 2003959 04/14/2022 PRINTED 100353 TIME WARNER CABLE 154.99 2003960 04/14/2022 PRINTED 100353 TIME WARNER CABLE 229.98 2003961 04/14/2022 PRINTED 100353 TIME WARNER CABLE 314.98 2003962 04/14/2022 PRINTED 100353 TIME WARNER CABLE 1,769.00 2003963 04/14/2022 PRINTED 100353 TIME WARNER CABLE 129.99 2003964 04/14/2022 PRINTED 100353 TIME WARNER CABLE 199.99 2003965 04/14/2022 PRINTED 100353 TIME WARNER CABLE 199.97 2003966 04/14/2022 PRINTED 100353 TIME WARNER CABLE 586.53 2003967 04/14/2022 PRINTED 100353 TIME WARNER CABLE 234.99 2003968 04/14/2022 PRINTED 100353 TIME WARNER CABLE 107.98 2003969 04/14/2022 PRINTED 100353 TIME WARNER CABLE 586.53 2003970 04/14/2022 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 1,534.74 2003971 04/14/2022 PRINTED 100289 TOP OF THE LINE SIGNS 5,331.40 2003972 04/14/2022 PRINTED 100031 TOPS N BARRICADES INC 5,953.06 2003973 04/14/2022 PRINTED 101391 TRANSUNION RISK AND ALTER 380.00 2003974 04/14/2022 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 250.00 2003975 04/14/2022 PRINTED 100386 U S CUSTOMS SERVICE 2,516.00 2003976 04/14/2022 PRINTED 100114 UNITED RENTALS NA INC 3,379.02 2003977 04/14/2022 PRINTED 103765 UNIVERSAL CONSTRUCTION AN 1,980.50 2003978 04/14/2022 PRINTED 101405 US DIGITAL DESIGNS INC. 52,745.12 2003979 04/14/2022 PRINTED 101327 US SECURITY ASSOCIATES IN 109,869.40 2003980 04/14/2022 PRINTED 016191 TANNER VALENTI 125.00 2003981 04/14/2022 PRINTED 100200 VALLEY LOCK AND SAFE 7,304.12 2003982 04/14/2022 PRINTED 100066 VALLEY MAIL DELIVERY 3,323.11 2003983 04/14/2022 PRINTED 100224 VALLEY POWER SYSTEMS INC 400.97 2003984 04/14/2022 PRINTED 100129 VCA ANIMAL HOSPITALS INC 1,734.68 2003985 04/14/2022 PRINTED 100144 VERIZON WIRELESS 2,244.28 2003986 04/14/2022 PRINTED 100144 VERIZON WIRELESS 27.87 2003987 04/14/2022 PRINTED 100144 VERIZON WIRELESS 1,991.52 2003988 04/14/2022 PRINTED 100144 VERIZON WIRELESS 2,106.71 2003989 04/14/2022 PRINTED 100144 VERIZON WIRELESS 760.20 2003990 04/14/2022 PRINTED 015149 MIKE A VILLEGAS 2,018.53 2003991 04/14/2022 PRINTED 100121 VISIT GREATER PALM SPRING 135,564.00 2003992 04/14/2022 PRINTED 100121 VISIT GREATER PALM SPRING 136,748.76 2003993 04/14/2022 PRINTED 103739 VISTA SUNRISE II LP 191,676.34 2003994 04/14/2022 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 4,560.99 2003995 04/14/2022 PRINTED 101484 VITAC 3,564.00 2003996 04/14/2022 PRINTED 016060 DUSTIN WADE 1,025.00 2003997 04/14/2022 PRINTED 101220 WATERLINE TECHNOLOGIES 2,084.50 2003998 04/14/2022 PRINTED 100156 WAXIE SANITARY SUPPLY 14,573.05 2003999 04/14/2022 PRINTED 101680 WEST COAST CODE CONSULTAN 28,340.43 2004000 04/14/2022 PRINTED 101639 WEST COAST HYDRO TESTING 100.00 2004001 04/14/2022 PRINTED 100233 WESTERN PUMP INC. 665.00 2004002 04/14/2022 PRINTED 015936 BRANDON WRIGHT 400.00 2004003 04/14/2022 PRINTED 103501 ZASUETA CONTRACTING INC 28,500.00 1F - 9
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 04/14/2022 17:33
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2004004 04/14/2022 PRINTED 100268 ZOLL MEDICAL CORPORATION 4,768.76 261 CHECKS CASH ACCOUNT TOTAL 4,684,905.68 .00 1F - 10
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 04/14/2022 17:33
User: PatrickW
Program ID: apchkrcn

UNCLEARED CLEARED
261 CHECKS FINAL TOTAL 4,684,905.68 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
1F - 11
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 04/28/2022 13:01
User: ElisaS
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2004019 04/28/2022 PRINTED 101208 ABM AVIATION INC 68,731.26 2004020 04/28/2022 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 5,677.50 2004021 04/28/2022 PRINTED 100912 ALPHA MEDIA LLC 5,731.00 2004022 04/28/2022 PRINTED 101245 THE ALTUM GROUP 49,076.42 2004023 04/28/2022 PRINTED 100383 AMERICAN FORENSIC NURSES 424.50 2004024 04/28/2022 PRINTED 100036 AMERICAN LIBRARY ASSOCIAT 200.00 2004025 04/28/2022 PRINTED 100221 AMERIGAS 282.67
2004026 04/28/2022 PRINTED 103528 ARCHITECTURAL RESOURCES G 1,508.75 2004027 04/28/2022 PRINTED 100310 ASAP PUMPING INC 1,460.00 2004028 04/28/2022 PRINTED 103384 AVIATRIX COMMUNICATIONS 2,950.00 2004029 04/28/2022 PRINTED 100413 B & H PHOTO 282.00
2004030 04/28/2022 PRINTED 103843 TONJA BAROVELLI 41.00 2004031 04/28/2022 PRINTED 010911 RYAN D BARRIER 446.54 2004032 04/28/2022 PRINTED 101049 MARY BARSALEAU 1,166.25 2004033 04/28/2022 PRINTED 103854 DENISE BERRY 800.00
2004034 04/28/2022 PRINTED 103842 SHAWN BRAND 41.00
2004035 04/28/2022 PRINTED 016021 CHAD BROWN 45.46
2004036 04/28/2022 PRINTED 100234 BURRTEC ENVIRONMENTAL 2,724.03 2004037 04/28/2022 PRINTED 015918 JEFFREY BURTON 481.94 2004038 04/28/2022 PRINTED 100623 CA BUILDING STANDARDS COM 3,499.00 2004039 04/28/2022 PRINTED 103778 CALIFORNIA WATER OPERATOR 400.00 2004040 04/28/2022 PRINTED 100023 CA PUBLIC EMPLOYEES RETIR 11,112.21 2004041 04/28/2022 PRINTED 103847 RICK CARDOZA 725.10
2004042 04/28/2022 PRINTED 016061 SHAWN CARLIN 326.36
2004043 04/28/2022 PRINTED 103604 CAROLLO ENGINEERS INC 38,608.36 2004044 04/28/2022 PRINTED 103852 CARSON TRAILER INC 5,602.44 2004045 04/28/2022 PRINTED 100240 CHRIS W FOSTER INC 16,218.00 2004046 04/28/2022 PRINTED 015204 NATHAN CLARDY 360.00
2004047 04/28/2022 PRINTED 101350 CLASSIC AUTO RESTYLING 225.00 2004048 04/28/2022 PRINTED 100308 CLINICAL LABORATORY OF SA 60.00 2004049 04/28/2022 PRINTED 010269 ANNJOHNETTE COLLINS 396.09 2004050 04/28/2022 PRINTED 100655 COLONY PALMS HOTEL 1,536.00 2004051 04/28/2022 PRINTED 103840 LEOBARDO CORTES 35.00 2004052 04/28/2022 PRINTED 100205 NANCY K BOHL INC 2,875.00 2004053 04/28/2022 PRINTED 100865 CPI / COBRA PROFESSIONALS 2,567.50 2004054 04/28/2022 PRINTED 100115 DANIELS TIRE SERVICE INC 27,453.08 2004055 04/28/2022 PRINTED 103853 DAVID C DEAL 2,500.00 2004056 04/28/2022 PRINTED 100265 DELL MARKETING LP 11,497.79 2004057 04/28/2022 PRINTED 100067 DEMCO 150.46
2004058 04/28/2022 PRINTED 100091 DEPARTMENT OF CONSERVATIO 12,847.26 2004059 04/28/2022 PRINTED 100580 DESERT PROMOTIONAL EMBROI 237.50 2004060 04/28/2022 PRINTED 100676 DIVISION OF THE STATE ARC 681.60 2004061 04/28/2022 PRINTED 100254 DOKKEN ENGINEERING 81,384.63 2004062 04/28/2022 PRINTED 100393 DOWNTOWN SHELL 79.99
2004063 04/28/2022 PRINTED 101179 MARIANA DUSPIVA 975.00 2004064 04/28/2022 PRINTED 100054 DESERT WATER AGENCY 47,206.25 2004065 04/28/2022 PRINTED 100054 DESERT WATER AGENCY 2,977.27 2004066 04/28/2022 PRINTED 100054 DESERT WATER AGENCY 64.99 2004067 04/28/2022 PRINTED 100054 DESERT WATER AGENCY 111.46 2004068 04/28/2022 PRINTED 101662 ECS IMAGING INC 28,175.00 2004069 04/28/2022 PRINTED 103851 ENCORE GROUP USA LLC 1,393.18 2004070 04/28/2022 PRINTED 100274 ENGINEERING RESOURCES OF 44,484.55 1F - 12
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 04/28/2022 13:01
User: ElisaS
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2004071 04/28/2022 PRINTED 101496 JULIO G ESCOBEDO JR 720.00 2004072 04/28/2022 PRINTED 101496 ESCOBEDO ENTERPRISES 3,450.00 2004073 04/28/2022 PRINTED 101264 EVERLAST CLIMBING INDUSTR 874.00 2004074 04/28/2022 PRINTED 010996 TODD FITE 317.25 2004075 04/28/2022 PRINTED 101194 FLEX ADVANTAGE 666.75 2004076 04/28/2022 PRINTED 100214 FRANKLIN TRUCK PARTS INC. 191.75 2004077 04/28/2022 PRINTED 100395 FRIENDS OF THE PALM SPRIN 4,095.00 2004078 04/28/2022 PRINTED 100480 FRIENDS OF THE PS ANIMAL 547.16 2004079 04/28/2022 PRINTED 100480 FRIENDS OF THE PS ANIMAL 85,658.50 2004080 04/28/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,499.99 2004081 04/28/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 64.17 2004082 04/28/2022 PRINTED 101665 FROSTLINE REFRIGERATION 986.72 2004083 04/28/2022 PRINTED 100828 FUSION CLOUD SERVICES LLC 200.59 2004084 04/28/2022 PRINTED 100536 GLS 79.90 2004085 04/28/2022 PRINTED 016067 LEANDRA GOSSETT 559.35 2004086 04/28/2022 PRINTED 010811 APRIL GUNKEL 252.16 2004087 04/28/2022 PRINTED 101340 HARRIS COMPUTER SYSTEM 8,644.21 2004088 04/28/2022 PRINTED 016344 DANIEL HARTIGAN 831.70 2004089 04/28/2022 PRINTED 100033 WALTER FAMILY PARTNERSHIP 382.38 2004090 04/28/2022 PRINTED 100877 WILLIE HOLLAND 1,536.00 2004091 04/28/2022 PRINTED 103583 HR DYNAMICS AND PERFORMAN 18,250.00 2004092 04/28/2022 PRINTED 100494 IMAGE360 - PALM DESERT 398.76 2004093 04/28/2022 PRINTED 103170 INTELLIMODUS LLC 6,187.50 2004094 04/28/2022 PRINTED 015689 CHRISTOPHER JAEGER 1,611.90 2004095 04/28/2022 PRINTED 103846 TIMOTHY KELLY 35.00 2004096 04/28/2022 PRINTED 103525 KGAY PSP CORPORATION 300.00 2004097 04/28/2022 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 2,311.66 2004098 04/28/2022 PRINTED 101200 KOA CORPORATION 1,181.32 2004099 04/28/2022 PRINTED 100439 THE LAMAR COMPANIES 4,000.00 2004100 04/28/2022 PRINTED 101713 LESAR DEVELOPMENT CONSULT 99,378.35 2004101 04/28/2022 PRINTED 100332 LIEBERT CASSIDY WHITMORE 20,330.00 2004102 04/28/2022 PRINTED 103753 LIFE INSURANCE COMPANY OF 29,850.60 2004103 04/28/2022 PRINTED 101260 THE LLOYD PEST CONTROL 475.00 2004104 04/28/2022 PRINTED 016368 CAMERON LOPEZ 490.53 2004105 04/28/2022 PRINTED 011022 JAIME MACIAS 389.27 2004106 04/28/2022 PRINTED 103401 MARKS ARCHITECTS 4,676.25 2004107 04/28/2022 PRINTED 100074 MATICH CORPORATION 56,915.26 2004108 04/28/2022 PRINTED 103845 GWENDOLYN MCCREA 35.00 2004109 04/28/2022 PRINTED 101834 MICHAEL BAKER INTERNATION 4,422.50 2004110 04/28/2022 PRINTED 016343 ANTHONY MIRANDA 831.70 2004111 04/28/2022 PRINTED 100079 MOHICA TOWING 650.00 2004112 04/28/2022 PRINTED 101211 NAI CONSULTING 9,029.00 2004113 04/28/2022 PRINTED 100148 NALCO COMPANY 2,981.15 2004114 04/28/2022 PRINTED 015319 PEDRO NANEZ 59.44 2004115 04/28/2022 PRINTED 103688 NATIONAL PUBLIC SAFETY GR 9,375.00 2004116 04/28/2022 PRINTED 100172 OFFICE DEPOT 6,322.77 2004117 04/28/2022 PRINTED 015956 DOLORES OLVERA 3,235.22 2004118 04/28/2022 PRINTED 100756 ONE PS 2,244.00 2004119 04/28/2022 PRINTED 101053 PALM SPRINGS AMERICAN LEG 2,500.00 2004120 04/28/2022 PRINTED 100082 PALM SPRINGS MIRROR AND G 337.00 2004121 04/28/2022 PRINTED 101839 PALM SPRINGS MOTORSPORTS 700.00 2004122 04/28/2022 PRINTED 016341 BASIL PENNY 831.70 1F - 13
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 04/28/2022 13:01
User: ElisaS
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2004123 04/28/2022 PRINTED 101434 PLACEWORKS 8,647.96 2004124 04/28/2022 PRINTED 101217 PRECISION SURVEY SUPPLY 6,013.12 2004125 04/28/2022 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 474.40 2004126 04/28/2022 PRINTED 101642 QUENCH USA INC 606.99 2004127 04/28/2022 PRINTED 101352 R & R JANITORIAL SERVICE 37,448.36 2004128 04/28/2022 PRINTED 102903 RACEWAY FORD 100.95 2004129 04/28/2022 PRINTED 101739 REFRIGERATION SUPPLIES DI 4,029.61 2004130 04/28/2022 PRINTED 016244 LLUBISELA RIOS 129.00 2004131 04/28/2022 PRINTED 101691 RLP UNIFORM INC. 935.94 2004132 04/28/2022 PRINTED 101823 ROYAL CANIN 299.96 2004133 04/28/2022 PRINTED 103844 EDWIN RUDETSKY 113.00 2004134 04/28/2022 PRINTED 015896 FRANCISCO SALGADO 59.88 2004135 04/28/2022 PRINTED 015690 STEVEN SANDERS 45.00 2004136 04/28/2022 PRINTED 016322 MICHELLE SARDINA 143.40 2004137 04/28/2022 PRINTED 101542 SC COMMERCIAL 13,900.47 2004138 04/28/2022 PRINTED 100219 SOUTHERN CALIFORNIA EDISO 46,202.97 2004139 04/28/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 464.89 2004140 04/28/2022 PRINTED 100435 THE SHREDDERS 162.00 2004141 04/28/2022 PRINTED 103757 SMARTY PLANTS LLC 4,328.00 2004142 04/28/2022 PRINTED 100923 HELEN I SMITH 110.40 2004143 04/28/2022 PRINTED 101822 SO CAL LAND MAINTENANCE I 19,282.00 2004144 04/28/2022 PRINTED 103855 SOLAR PAPERWORK INC 9,064.00 2004145 04/28/2022 PRINTED 100000 SOUTH COAST AQMD 142.59 2004146 04/28/2022 PRINTED 100327 SOUTH COAST EMERGENCY VEH 7,465.40 2004147 04/28/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 22,840.00 2004148 04/28/2022 PRINTED 100594 SOUTHWEST PLUMBING INC 14,650.00 2004149 04/28/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 460.70 2004150 04/28/2022 PRINTED 100120 SPOK INC 135.74 2004151 04/28/2022 PRINTED 100084 STERICYCLE INC LLC SHRED 1,705.60 2004152 04/28/2022 PRINTED 100907 STEVE BECK 1,169.00 2004153 04/28/2022 PRINTED 100448 TALX CORPORATION 1,032.70 2004154 04/28/2022 PRINTED 101825 TELOS IDENTITY MGMT SOLUT 2,435.75 2004155 04/28/2022 PRINTED 100353 TIME WARNER CABLE 585.45 2004156 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 227.32 2004157 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 299.99 2004158 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,319.45 2004159 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,205.74 2004160 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,769.00 2004161 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 206.04 2004162 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 119.98 2004163 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 3,519.16 2004164 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 156.66 2004165 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2004166 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2004167 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2004168 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 119.99 2004169 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 99.99 2004170 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2004171 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2004172 04/28/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2004173 04/28/2022 PRINTED 100031 TOPS N BARRICADES INC 980.00 2004174 04/28/2022 PRINTED 103841 JONATHAN TRAD 72.00 1F - 14
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 04/28/2022 13:01
User: ElisaS
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2004175 04/28/2022 PRINTED 103617 TRAVELSCAPE LLC / EXPEDIA 5,455.88 2004176 04/28/2022 PRINTED 101854 TRITECH SOFTWARE SYSTEMS 4,332.98 2004177 04/28/2022 PRINTED 100386 U S CUSTOMS SERVICE 3,495.82 2004178 04/28/2022 PRINTED 103835 URBAN CROSSROADS INC 2,900.00 2004179 04/28/2022 PRINTED 100200 VALLEY LOCK AND SAFE 327.77 2004180 04/28/2022 PRINTED 100224 VALLEY POWER SYSTEMS INC 884.12 2004181 04/28/2022 PRINTED 100621 VERIZON BUSINESS 945.03 2004182 04/28/2022 PRINTED 100144 VERIZON WIRELESS 4,401.46 2004183 04/28/2022 PRINTED 100050 VISION SERVICE PLAN 5,770.60 2004184 04/28/2022 PRINTED 101277 VOHNE LICHE KENNELS INC 300.00 2004185 04/28/2022 PRINTED 101220 WATERLINE TECHNOLOGIES 3,362.82 2004186 04/28/2022 PRINTED 100156 WAXIE SANITARY SUPPLY 502.28 2004187 04/28/2022 PRINTED 103730 WESTBOUND COMMUNICATIONS 2,532.50 2004188 04/28/2022 PRINTED 103503 MARK K WHITE 360.00 2004189 04/28/2022 PRINTED 015012 CRAIG WOOD 401.11 2004190 04/28/2022 PRINTED 100445 WOODRUFF SPRADLIN AND SMA 873.74 2004191 04/28/2022 PRINTED 016260 DENNIS WOODS 750.00 2004192 04/28/2022 PRINTED 100255 WSP USA INC 274.97 2004193 04/28/2022 PRINTED 100908 YAMADA SPA MANAGEMENT INC 348.00 175 CHECKS CASH ACCOUNT TOTAL 1,147,356.72 .00 1F - 15
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 04/28/2022 13:01
User: ElisaS
Program ID: apchkrcn

UNCLEARED CLEARED
175 CHECKS FINAL TOTAL 1,147,356.72 .00 ** END OF REPORT - Generated by Elisa Samonte **
1F - 16
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

CITY COUNCIL STAFF REPORT
06/16/2022   1. G.

City Clerk -

SUBJECT
WAIVER OF FEES AND SPONSORSHIP RELATED TO THE 2022 PALM SPRINGS

JUNETEENTH CELEBRATION
RECOMMENDATION:

The Palm Springs Juneteenth Committee, in collaboration with the Palm Springs Black History Committee, is requesting a waiver of fees as well as sponsorship funds to produce the 2022 Juneteenth event. The Committee has been producing the event since 2019. However, the growth of the event now requires the need for additional community partners and sponsors to ensure the event’s continued success.

Attachments
Item 1G

CITY COUNCIL STAFF REPORT
DAT
E: June 16, 2022 CONSENT CALENDAR
SUBJECT: WAIVER OF FEES AND SPONSORSHIP RELATED TO THE 2022 PALM

SPRINGS JUNETEENTH CELEBRATION
FROM: Justin Clifton, City Manager
BY: Jasmine Sullivan-Waits, Manager
SUMMARY:

The P
alm Springs Juneteenth Committee, in collaboration with the Palm Springs Black History Committee, is requesting a waiver of fees as well as sponsorship funds to produce the 2022 Juneteenth event. The Committee has been producing th e event since 2019 .

However, the growth of the event now requires the need for additional community partners and sponsors to ensure the event’s continued success.

RECOMMENDATION:

Aut
horize the City Manager to waive associated fees in the amount of $5,980 and provide sponsorship funding in the amount of $5,050 for the Palm Springs Juneteenth Committee and the Palm Springs Black History Committee to coordinate the 2022 Juneteenth Celebration at James O. Jesse Desert Highland Center & Park.

BACKGROUND:

June
19, 1865 mark ed the end of slavery in American History. In 2020, President Joe Biden declared Juneteenth a National Holiday, supporting the importance behind this day in our history. While Juneteenth is now a national holiday, many Americans do not know the importance of this day.

In 2019, a small group of comm unity members created the Palm Springs Juneteenth Committee with the goal of creating an event that not only celebrated the end of slavery but also took this unique opportunity to educate residents and visitors about the importance of the day in American history. The event started as a small community picnic and has grown in popularity over the past few years. The Committee is anticipating record number of residents and visitors to attend this year’s event.

Item 1G - 1
City Council Staff Report
June 16, 2022 -- Page 2
Authorization to Waive Fees and Sponsorship of the 2022 Juneteenth Event The entire event is free to the public and provides a wide range of activities for all ages.

The event features live entertainment throughout the day, a community resources fair, games, crafts, camel rides, and a variety of food.

To maintain their continued commitment to their mission and celebrate the diversity of the city, the Palm Springs Juneteenth Committee requests the City of Palm Springs create a partnership of celebrating together. The City of Palm Springs is a current partner with the Palm Springs Black History Committee in celebrating the wealth of achievements that national and local Black Americans provide our nation, region, and city. This partnership would support the Juneteenth committee’s and the Black History Committee’s continued goal of providing events and programs that benefit the city’s residents and visitors year- round.

ALIGNMENT WITH STRATEGIC PLANNING:

The pr
oposed event is a free community event that supports the City Council’s “Quality of Life” identified priority.

FISCAL IMPACT:

In-ki
nd fees associated with the Juneteenth event total $5,980 and are outlined below.

Additionally outlined below are the items that require a sponsorship to support the event, totaling $5,050. There is sufficient funding in the current fiscal year Parks & Recreation Special Events budget to provide a waiver of the associated in- kind fees . T here are sufficient funds remaining in the current fiscal year Special Events/Sponsorship budget to provide the requested sponsorship funding
.

In-Kind Support Value
Rental of the James O. Jesse Desert Highland Center $864.00 Staff time for event production $234.00
Rental of the city's mobile stage $1,549.00
Rental of city ice chests and canopies $100.00
Police Services $1,648.00
Trash Maintenance Services $625.00
Private Security Services $960.00
TOTAL $5,980.00
Item 1G - 2
City Council Staff Report
June 16, 2022 -- Page 3
Authorization to Waive Fees and Sponsorship of the 2022 Juneteenth Event Sponsorship Items Value
Food Service Vendor $2,500.00
Youth Entertainment (mobile zoo/camel rides $1,000.00
Live entertainment $1,000.00
Special event insurance $300.00
Bottled Water $250.00
TOTAL $ 5,050.00
REVIEWED BY:

Special Events Manager: Jasmine Waits
City Manager: Justin Clifton
Item 1G - 3

CITY COUNCIL STAFF REPORT
06/16/2022   1. H.

City Clerk -

SUBJECT
CONSIDERATION OF A 5-YEAR AGREEMENT WITH GREATER PALM SPRINGS PRIDE, INC. AND SPONSORSHIP RELATED TO PALM SPRINGS PRIDE

FESTIVAL, PARADE, AND BLOCK PARTY
RECOMMENDATION:

Approve a 5-year Agreement with Greater Palm Springs Pride, Inc., in the amount of $125,000 per year with a total not-to-exceed amount of $625,000 for event production and in-kind sponsorship of the Palm Springs PRIDE Festival, Parade and Block Party.

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

Attachments
Item 1H

CITY COUNCIL STAFF REPORT

DATE: June 16, 2022 CONSENT CALENDAR

SUBJECT: C ONSIDERATION OF A 5-YEAR AGREEMENT WITH GREATER PALM SPRINGS PRIDE, INC. AND SPONSORSHIP RELATED TO PALM

SPRINGS PRIDE FESTIVAL, PARADE AND BLOCK PARTY

FROM: Justi n Clifton, City Manager

BY: Jasmi ne Sullivan-Waits, Manager

SUMMARY:

Since 1999, Greater Palm Springs Pride, Inc, a California nonprofit public benefit corporation, has organized, mana ged, and produced the annu al Palm Springs Pride Festival and Parade in November of eac h year. Palm Springs Pr ide has established itself as one of the largest annual special events and tourist attractions in Palm Springs .

The Palm Springs Pride Festival is a significant , free, cultural tourism economic driver.

The economic impact of the Pride Festival exceeds $30 million in dir ect spending annually. The Greater Palm Springs Pride organization is requesting the City consider a 5-year contract, committing to the continued partnership of producing th e Palm Springs Pride Festival, Parade & Block Party.

RECOMMENDATION:

1. Approve a 5- year Agreement with Greater Palm Springs Pride, Inc., in the amount of $125,000 per year with a total not -to-exceed amount of $625,000 for event production and in -kind sponsorship of t he Palm Springs PRIDE Fe stival, Parade and Block Party.

2. A uthorize the City Manager to execute all documents and contracts.

BACKGROUND:

Greater Palm Springs Pride began providing the Palm Springs Pride Festival and Block Party as a free community event in 2014 when it made a significant move from the Palm Springs Stadium to Palm Canyon Drive. Along with this move the organization began to incur a significant increase in costs associated with producing the event along Palm Canyon Drive with necessary street closures, additional policing measures, medical aid and fire safety being required to ensure the safety and security of the event s in the new Item 1H - 1
City Council Staff Report
June 16, 2022 -- Page 2
Authorization of a 5-year Contract with Greater Palm Springs Pride, Inc. venue. The city met Greater Palm Springs Pride’s request for additional funding to fully support the event’s move.

Greater Palm Springs Pride has requested a multi -year agreement allowing the organization to obtain preferred pricing, the elimination of some annual costs associated with contracts from vendors providing services, provi ding for efficient use of time and resources and an overcall cost-effectiveness. A multi-year contract with the City will also allow the or ganization to create a long-term strategic sponsorship plan. Grea ter Palm Springs Pride, Inc. is well established and ready to commit to producing the annual Pride Festival, Parade and Block Party over the next 5-years.

Greater Palm Springs Pride and the City have historically had an annual contract outlining terms and conditions for the event ’s production and the C ity’s commitment to financially support the eve nt, covering services such a s City permits, police an d fire services, rental of barricades and street closure signage, AMR services , and private security services. Many of the terms and conditions outlined in the contract are similar year after year. C oordinating an event of this scale requires 12- 18 months of planning and scheduling, and the current annual contract the City implements falls outside of the normal annual agreement development window . Greater Palm Springs Pride requests continued financial assistance in the amount of $125,000 annually. No additional cost of living increase will be added over the course of the 5-year contract.

Greater Palm Springs will continue to produce the events in accordance with terms and conditions of the contract. The Special Events Planning Team (SEPT) will continue to meet with the Pride organizers and an updated Exhibit A reflecting annual guidelines and requirements required by SEPT is outlined in Section 1. 1.1 in the draft agreement.

The Office of Special Event s has reviewed the proposed contract and agre es that a long-term contract w ith the Greater Palm Springs organization will provide long-term efficiency with the production and permitting process for the Pride Festival , Parade and Block Party. A 5 -year contr act with Greater Palm Springs Pride w ill permit SEPT to create a long-term strategic safety plan for the continued growth of the event.

ALIGNMENT WITH STRATEGIC PLANNING:

The Pal
m Spr ings Pride Festival, Parade and Block Party are free community event s that supports the City Council’s “Quality of Life” identified priority.

FISCAL IMPACT:

Speci
al Events/Sponsorship funding will be used in f uture fiscal years to cover the $125,000 annual in-kind sponsorship of the event , which may include a portion of PS Resorts funding the City can allocate for special events.

Item 1H - 2
City Council Staff Report
June 16, 2022 -- Page 3
Authorization of a 5-year Contract with Greater Palm Springs Pride, Inc.

REVIEWED BY:

Special Events Manager: Jasmine Waits
City Manager: Justin Clifton

ATTACHMENTS:

A. Draft 5 -year contract

Item 1H - 3
55575.18100\40053601.1

AGREEMENT FOR EVENT PROMOTION

PRIDE FESTIVAL AND PARADE

This Agreement governed by the laws of the State of Californi a is made and entered into this __ day of July, 20 22, by and between the City of Palm Springs, a municipal corporation, (hereinafter cal led “City ”) and Greater Palm Springs Pride, Inc., a California nonprofit public benefit corporation, ( hereinafter called "Promoter").

RECITALS

WHEREAS, the City Council recognizes the intrinsic value of cultural and promotional events and the role they play in enhancing and expanding the economic vitality and image of the City;

WHEREAS, the City Council provides funding assistance to eligible organizations for the purpose of providing cultural and promotional events and/or activities that generally benefit the community;

WHEREAS, The Palm Springs Pride Festival is a significant, free, cultural tourism economic engine. Our vibrant LGBTQ community, allies, and visitors from around the world relish the inclusivity of Pride Week in Palm Springs;

WHEREAS, The City Council finds that the occurrence of the Palm Springs Pride Festival advances the welfare of the City's residents, businesses, and visitors, and does not find efficiency in, or necessity for an annual re- visitation of the Agreement;

WHEREAS, Greater Palm Springs Pride has organized, managed, and produced the annual Palm Springs Pride event in November of each year since 1999, and is comfortable making a commitment to continue doing so through multiple years;

WHEREAS, Promoter is a California nonprofit public benefit corporation authorized to engage in charitable and educational activities as well as those activities permitted to be carried out by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code and under Section 170(b)(1) of the Internal Revenue Code;

WHEREAS, Promoter needs financial assistance to produce this Greater Palm Springs Pride Festival and Parade and has requested City sponsorship;

WHEREAS, the City Council has determined that sponsorship of th e Greater Palm Springs Pride Festival would be of public benefit.

Item 1H - 4

55575.18100\40053601.1
- 2 -
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. EVENT DATE AND LOCATION

1.1 Promoter shall organize, manage, and produce the Greater Palm Springs Pride Festival and Parade (including block party ) as generally described in Exhibit “A" attached hereto and incorpor ated herein by this reference and subject to annual approval by the City Manager.

1.2 The Event shall be held annually on the first full weekend in November. In the event of inclement weather beyond the Promoter’s control, or other event that, in the City’s discretion, necessitates moving the Event, a mutually agreed alternate date may be scheduled for the Event on the same terms and under this Agreement. In no event shall an alternate date be set without the express written approval of City.

2. PRESENTING SPONSOR

The parties hereby agree that the City shall be named a presenting sponsor of the Event. No other municipal sponsor shall appear in the title or promotional materials of the Event.

2.1 The City shall be positioned as Presenting Sponsor in event advertising.

2.2 The City shall receive three (3) complimentary 10’x10’ booths at the Event.

2.3 The City shall receive Parade entries (vehicles) for Mayor (1) and all City Council members (4) participating in the annual parade. The City shall receive (2) additional parade entries into the annual parade.

3. SPONSORSHIP TERMS FOR THE CITY

3.1 To produce the Event, the City shall provide Promoter financial consideration of One hundred and twenty-five thousand dollars ($125,000) annually. The contribution will be an offset against City’s cost and expenses in facilitating and hosting the Event and to allow the Promoter to defray non-city costs of the Event . The City’s cost and expenses include, without limitation, costs for police, fire, downtown maintenance, street maintenance and other department services related to the Event. Costs shall also, include requirements provided of the Special Events Planning Team (SEPT) such as city permit fees, AMR Services, security, event Item 1H - 5
55575.18100\40053601.1
- 3 -
services or other production services related to the Event. To the extent reasonable, a ny costs projected to exceed the credit provided will be reviewed with the P romoter ahead of time and must be m utually agreed to between the City and the Promoter.

The City will provide P romoter with a detailed breakdown of any costs charged.

3.2 Promoter shall be responsible for paying the balance of those staffing costs identified in Exhibit “B” within fourteen (14) w orking days of the Event’s close, but no later than the last Friday in November.

3.3 PROMOTER will provide a post EVENT report to the CITY's representative sixty (60) days following the close of the EVENT. At a minimum, this report should include, but is not limited to, the number of attendees, publicity received, final costs to produce the EVENT, and specific uses of the City’s funding.

4. PRODUCTION SERVICES TO BE PROVIDED BY PROMOTER

As the producer of the Event, Promoter shall provide production s ervices, including, but not limited to, the following and shall accept all financial responsibility for such services:

4.1 The Event must comply with any applicable endemic or pandemic State, County and City health rules in effect at the time of the event.

4.2 The Promoter is responsible to ensure all staff and attendees comply with the State’s guidance requiring social distancing and the use of face coverings.

4.3 Securing the necessary venues for the Event and related activities, including the VIP Part y, and other possible special attractions as approved by City.

4.4 Developing and submitting a schedule and list of entries participating in Event to SEPT at least fourteen (14) days prior to Event;

4.5 Coordinating the routing and staging of Event with SEPT;

4.6 Contracting and paying for all service vendors and technical support, including, but not limited to, sound, including a public address system, lighting (if applicable), canopies, tents, bleachers, and security services at related activities described in Section 4.1.

Item 1H - 6
55575.18100\40053601.1
- 4 -

4.7 Recruiting, coordinating and supervising volunteers and all their activities in coordination with SEPT.

4.8 Obtaining certificates of insurance and liability release forms from all entries, volunteers and vendors participating in Event.

4.9 Promoter shall be responsible for all promotional activities related to the Event, such as:

a. Preparing press releases and marketing materials to promote the Event. City logo to be included in all printed promotional materials.

b. Coordinating with the Palm Springs Bureau of Tourism to promote Event.

c. Promoting Event through personal appearances and/or the distribution of collateral materials.

5. CONTRIBUTION AND SUPPORT SERVICES PROVIDED BY CITY

5.1 City agrees to provide all necessar y public services, including, but not limited to, police services, emergency medical services, street maintenance services and other public services as may be deemed appropriate by SEPT, to produce Event. The total cost for such services shall be as provided in Exhibit “B” to this Agreement, except where an event described in Section 6.4 occurs. shall advice Promoter at least seven ( 7) working days in advance of Event re specifics of the public services to be provided. City Manager will approve necessary pu blic services on an annual basis.

5.2 City shall make a good faith effort to promote the Event on the City's government access channel and other advertising and marketing vehicles as the City Manager deems appropriate.

5.3 C ity agrees to make available to Promoter the City’s portable stage and entertainment unit known as the “Showmobile.”

5.4 City agrees to make available to Promoter a minimum of 130 and up to 200 and castle banner locations and a minimum of one downtown street banner location at the Plaza Theatre. Promoter to provide all banners for the City to display.

5.5 City’s Contract Officer, responsible for working with Promoter with respect to the administration of all matter arising from and related to this Agreement shall be the City Manager or his designee.

Item 1H - 7
55575.18100\40053601.1
- 5 -

6. TERM OF AGREEMENT

6.1 AGREEMENT PERIOD. The effective date of this five (5) year Agreement shall be July 1 , 20 22 through June 30, 2027. Any covenant, term or provision of this Agreement, which, in order to be effective, must survi ve the termination of this Agreement shall survive any such termination.

6.2 BREACH OF AGREEMENT. Any material deviation by Promoter for any reason from the requirements hereof, or from any other provision of this Agreement, shall constitute a breach of this Agreement and may be cause for termination at the election of City.

City may terminate this Agreement for cause by giving ten (10) days’ Written notice to Promoter. In the event of termination by whatever means, City reserves the right to waive any and all breaches of this Agreement, and any such waiver shall not be deemed a waiver of all previous or subsequent breaches. In the event City chooses to waive a particular breach of this Agreement, it may condition same on payment by Promoter of actual damages occasioned by such breach of Agreement and shall make every effort to resolve the same quickly and amicably.

6.3 AGREEMENT TERMINATION. In the event Promoter is unable to fulfill its responsibilities under this Agreement for any reason whatsoever, including circumstances beyond its control, City may terminate this Agreement in whole or in part in the same manner as for breach hereof and be entitled to the same rights on termination.

6.4 REIMBURSEMENT. All amounts paid to Promoter or costs incurred by City in excess of the amount specified in Section 5.1 of this Agreement shall be subject to reimbursement upon the occurrence of any of the following events:

a. Promoter loses its tax -exempt status under Section 501 (c) (4) and 170 (c) (2) of the Internal Revenue Code; or

b. The dissolution of Promoter; or

c. Promoter terminates or attempts to terminate this Agreement for any reason other than City's failure to make payments as provided hereunder; or

d. Promoter fails to fulfill the responsibili ties, duties, and obligations set forth herein.

Item 1H - 8
55575.18100\40053601.1
- 6 -

7. NO LIABILITY, NONDISCRIMINATION, AND OTHER PROVISIONS

7.1 No Personal Liability . No officer or employee of the City shall be personally liable for any civil or financial damages to the Promoter, or any successor- in-interest, in the event of any City default or breach under this Agreement.

7.2 No Director/Officer Liability . No individual director or officer of the Promoter shall be personally liable for any civil or financial damages to the City in the event of any Promoter default or breach under this Agreement.

7.3 Covenant against Discrimination. In connection with its performance under this Agreement, Promoter shall not discriminate against any employee or applicant for employment because of actual or perc eived 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 me ntal disability, or medical condition (each a "prohibited basis"). Promoter shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Promoter certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Promoter 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 Promot er is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to nondiscrimination in city contracting.

7.4 Political Use/Lobbing. Promoter covenants that the funds provided by City pursuant to this Agreement will not be used for political advocacy or lobbying purposes.

8. MUTUAL INDEMNIFICATION.

8.1 Promoter shall indemnify, hold harmless, and defend the City and its officers, agents and employees from any and all loss, cost, damage, injury, liability, and claims thereof for injury to or death of a person, including employees of Promoter or loss of or damage to property, arising directly or indirectly from Promoter's performance of this Agreement. Prom oter s hall indemnify, hold harmless and Item 1H - 9
55575.18100\40053601.1
- 7 -
defend the City as a result of the negligent acts of Promoter regardless of whether the facilities or equipment is provided by City or others, and regardless of whether liability without fault is imposed or sought to be imposed on City. However, to the extent that such indemnity is void or other wise unenforceable under applicable law in effect on, or validly retroactive to the date of this Agreement, and except where such loss, damage, injury, liability or claim is th e result of the active negligence or willful misconduct of City, and is not contributed to by any act of, or by any omission to perform some duty imposed by law or this Agreement on Promoter, its subcontractors or either's agents or employees, Promoter shall not be required to indemnify, hold harmless or defend the City. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs, and City's costs of investigating any claims against the City.

In addition to Promoter's obligation to indemnify City, Promoter specifically acknowledges and agrees that it has an immediate and independent obligation to defend City from any claim which actually or potentially falls within this indemnification provis ion, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to Promoter by City and continues at all times thereafter.

Promoter shall indemnify and hold City harmless from all los s and liability, including attorneys' fees, court costs and all other litigation expenses for any infringement of the patent rights, copyright, trade secret or any other proprietary right or trademark, and all other intellectual property claims of any pers on or persons in consequence of the use by City, or any of its officers or agents, of articles or services to be supplied in the performance of this Agreement.

8.2 City shall indemnify, hold harmless, and defend the Promoter and its officers, agen ts and employees from any and all loss, cost, damage, injury, liability, and claims thereof for injury to or death of a person, including employees of Promoter or loss of or damage to property, arising directly or indirectly from the City's active negligence in support of the Promoter's Event. However, to the extent that such indemnity is void or otherwise unenforceable under applicable law in effect on, or validly retroactive to the date of this Agreement, and except where such loss, damage, injury, liabil ity or claim is the result of the negligence or willful misconduct of Promoter, and is not contributed to by any act of, or by any omission to perform some duty imposed by law or agreement on City's part, its management or employees. City shall not be required Item 1H - 10
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to indemnify, hold harmless or defend the Promoter. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs, and Promoter's costs of investigating any claims against Promoter.

9. INSURANCE. Promoter will deliver to the City, not less than thirty (30) days prior to the first scheduled date of the Event, a certificate of insurance showing the City as an additional insured in a policy or policies issued by a company approved by the Risk Manager for the City, with coverage and limits of insurance acceptable to the Risk Manager, not subject to cancellation except upon thirty (30) days written notice to the City.

8. GENERAL PROVISIONS

8.1 INSPECTION.

City shall ha ve the right t o insp ect all production
services and promoter records arising from and related to this Agreement.

8.2 COMPLETE AGREEMENT. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. This Agreement supersedes all previous agreements, if any, between the parties.

8.3 AMENDMENTS. Any alterations, variations, modifications or waivers of provisions to this Agreement shall be valid only when reduced to writing duly signed and attached to the original of this Agreement.

8.4 City Representation.

Promoter shall work closely with the City's
Special Events Manager, who shall be designated the "Liaison Representative of City." Promoter principals shall provide regular updates to the Liaison Representative of City to keep the City currently advised on the status of the Event.

8.5 Compliance with Laws.

Promoter shall comply with all applicabl e
federal, state, and local laws, ordinances and regulations.

8.6 Standard of Care.

City relies upon the professional ability of
Promoter as a material inducement to entering into this Agreement.

Promoter agrees to use reasonable care and diligence in render ing services under this Agreement. Promoter agrees that the acceptance of its work by City shall not operate as a waiver or release of said obligation of Promoter. The absence, omission, or failure to include in this Agreement, items which are normal ly Item 1H - 11
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considered to be a part of generally accepted professional procedure or which involve professional judgment shall not be used as a basis for submission of inadequate work or incomplete performance.

8.7 Demand for Assurance.

Each party to this Agreem ent undertakes
the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may in writing demand adequate assurance o f due
performance and until he/she receives such assurance may, if commercially reasonable, suspend any performance for which the agreed return has not been received. "Commercially reasonable" includes not only the conduct of a party with respect to performance under this Agreement but also conduct with respect to other agreements with parties to this Agreement or others. After receipt of a justified demand, failure to provide within a reasonable time, but not exceeding ten (10) days, such assurance of due
performance as is adequate under the circumstances of the particular case is a repudiation of this Agreement. Acceptance of any improper delivery, service, or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.

8.8 Third Party Beneficiaries. Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties.

8.9 NOTICES. Communications among the parties hereto shall be addressed as follows:

PROMOTER: GREATER PALM SPRINGS PRIDE, INC.

Ron deHarte, President & CEO
329 W. Mariscal Rd.

Palm Springs, CA 92262
Tel: (760) 416-8711 - FAX (760) 323-8704

CITY: CITY OF PALM SPRINGS
Justin Clifton, City Manager
P.O. Box 2743
Palm Springs, CA 92262
Tel: (760) 322-8336 - FAX (760) 323-8207

8.10 CITY REPRESENTATION. Promoter shall work closely with the City's Special Events Manager, who shall be designated the "Liaison Representative of City." Promoter pr incipals shall provide Item 1H - 12
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regular updates to the Liaison Representative of City to keep the City currently advised on the status of the Event.

8.11 COMPLIANCE WITH LAWS. Promoter shall comply with all applicable federal, state, and local laws, ordinances and regulations.

[SIGNATURE BLOCK NEXT PAGE]
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above

CITY OF PALM SPRINGS
ATTEST: a municipal corporation

By:_____________________________ By:_ ____________________________ City Clerk City Manager

CONTRACTOR: Check one: __Individual __Partnership __Corporation

By:_________________________________________
Signature (notarized)

By:_________________________________________
Signature (notarized)

Name:______________________________________

Name:______________________________________

Title:________________________________________

Title:________________________________________

(This Agreement must be signed in the above space by
one of the following: Chairman of the Board, President
or any Vice President)

State of ________________
County of _____________ss

This Agreement must be signed in the above space by
one of the following: Secretary, Chief Financial Officer or any Assistant Treasurer)

State of ________________
County of _____________ss

On __________ before me,
________________________________
personally appeared
___________________________________ personal ly kno wn to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and tha t by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

On __________ before me,___________________________,
personally appeared __________________________________
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Signature:______________________________

Notary Signature:______________________________

Notary Seal:

Notary Seal:

Item 1H - 13
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Exhibit “A”

SCOPE OF SERVICES

Greater Palm Springs Pride, Inc. shall organize, manage, and produce the Greater Palm Springs Pride Festi val, Parade and Festivities for the City of Palm Springs the first weekend of November during the term of this Agreement.

Production of the Event will include, but is not limited to, the following:

1. Promoter shall be responsible for organizing, planning, m anaging, coordinator, staging and otherwise producing the Event on November 4- November 6, 2022 in Downtown Palm Springs (“Downtown”).

2. Promoter shall be responsible for developing the schedule of activities, site map and Event layout to the satis faction and requirements of the Special Events Planning Team (SEPT).

3. Promoter shall begin the setup on Palm Canyon Drive between the blocks of Amado Rd. and Tahquitz Canyon Drive starting Thursday evening after the completion of VillageFest. The closure shal l include Museum Way from Museum Drive – Palm Canyon Drive & Belardo Road from Tahquitz Canyon - Andreas Rd. and Andreas Road from Palm Canyon – Belardo Road. The before mention streets shall not reopen after the VillageFest closure. Load in begins N ovember 3 on Museum Way between Museum Drive and Belardo Road at 7:00 a.m. Promoter shall have access to various side streets and parking lots for event production.

Arenas Road between Indian Canyon Drive and Calle Encila Road will be closed Thursday November 4 at 10:00 p.m. and reopen no later than Monday November 8 at 3:30 a.m.

4. The Promoter shall work with city staff to ensure the entertainment throughout the event is not directly obstructing any business from conducting their business in a reas onable manner. Entertainment shall Item 1H - 14
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only be allowed during Event hours, excluding sounds checks as represented on the Event timeline submitted to SEPT.

5. Promoter shall be responsible for all onsite security through the use of a qualified security company appr oved by the Palm Springs Police Department and all volunteer or paid staff as needed to man and stage the Event as required by SEPT review.

6. All electrical and lighting required to stage the Event in Downtown shall be the responsibility of the Pro moter. City shall provide electrician to facilitate hookup to city power in the Downtown, if needed.

7. All amplified sound equipment and lighting shall be directed away from all merchants, restaurants and neighborhoods, unless approved by SEPT. Promoter agrees to work with staff on noise levels at the event, if needed

8. All trash pickup throughout the Event site shall be the responsibility of the Promoter with the assistance of City staff, as requested. Promoter shall be responsible for making the nec essary arrangements for onsite trash dumpsters for disposal. Promoter shall handle all cleaning of restrooms.

9. Dumpsters shall be placed in locations approved by SEPT. Promoter shall provide recycling containers for the Event

10. Promoter shall be responsible for designating bike rack locations in the event space and promoting on pspride.org places bike racks will be located.

11. All food vendor applications shall be submitted to Riverside County Department of Environmental Health no later than fourteen (14) working days prior to Event. All food vendors shall be required to comply with Riverside County Environmental Health Codes for the Event. All food vendors shall be required to have the appropriate fire extinguisher for their product in their booths at all times.

12. All vendors shall be required to have the appropriate City business licenses as determined through the SEPT review process. All vendors shall provide a copy of their state issued sellers permits. Business licenses must be di splayed on or within vendor booths throughout the Event. VillageFest licenses are not considered acceptable as a City business license. All vendor permits must be submitted no later than seven (7) working days prior to the Event for non-food vendors.

Item 1H - 15
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13. All be er gardens or locations dispensing alcohol shall be constructed, maintained and monitored in accordance with a pre- approved plan by the City’s Police Department and under the laws and regulations of the State of California as required by Alcohol Beverage Control (ABC).

14. Pre-stage on Palm Canyon shall begin at 6:00 a.m. from Vista Chino to Amado Rd. All floats must be in the pre-stage area no later than 9:00 a.m.

15. Parade Route on Palm Canyon will close at 9:00 a.m. from Tachevah Rd- Amado Rd. and reopen no later than 2:00 p.m.

16. Promoter shall provide a parade route to be approved by SEPT.

Promoter shall coordinate staging and lineup of all parade entries. Post - stage traffic direction will be coordinated by Promoter as approved by SEPT.

17. All floats in the parade shall be required to have a fire extinguisher as determined during the SEPT review process.

18. No Parade participants shall leave any items or debris on city streets. If any debris is found the Promoter will be responsible for t he cost of additional cleaning required.

19. Promoter shall provide portable toilets at various locations along the parade route as may be approved by the City. Promoter shall obtain permission of the property owners for placement on private property.

20. Promoter shall provide sign language interpretation at a review stand along the parade route.

21. Promoter shall work directly with SEPT to designate ADA parking for the Palm Springs Pride Festival and Parade.

22. Promoter shall be responsible for all notifications to residents, merchants and hoteliers as designated by the Mana ger of the Office of Neighborhoods.

23. Promoter shall ensure all Event vendors are in compliance with the Downtown vendor regulations.

24. Promoter shall provide enough volunteers or private security as requested by Palm Springs Police.

25. Promoter shall work directly with the Special Events Police Sergeant on designated locations for private security to be located to help deter Item 1H - 16
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alcohol from exiting the open- air, non-fenced event zone as designated by the department of Alcohol and Beverage Control.

FIRE DEPARTMENT CONDITIONS

FID 1 Fire Department Fees – A $793.00 fee (Operational Permit + FBRx3 hours) is required at the time of submittal for site-plan review and site compliance inspection. These fees are established by resolution of the Palm Springs City Council and are included in Section 3.1 of this Agreement.

FID 2 Site Plan – Aerial site plan (Google Map overlay) shall be submitted to the Fire Department in PDF format. Information shall include: Event name and date(s); dimensions of enclosure, booths, bars, tents, stages, beer trailers, etc.; expected number of attendees; vendor booth locations; identification of any cooking booths using open flame devices; fences; exits.

FID 3 Fire Apparatus Access Roads – (public streets, private streets, parking lot lanes and access roadways) shall not be obstructed in any manner including the parking of vehicles that will reduce the fire department access road to a width of less than 20 feet. Provide for aerial access for The Rowan Hotel on both the north and west sides.

FID 4 Fire Hydrants – No person shall stop, park, or leave standing any vehicle, or place a vendor booth/display, within 15 feet (7.5 feet on either side) of a fire hydrant.

FID 5 Parade Floats – Floats are subject to inspection by the Palm Springs Fire Department

• Decorative materials on parade floats shall be non-combustible or flame retardant.
• Combustible Clearance. A 12” minimum clearance of decorative materials shall be maintained around vehicle and/or generator exhaust pipe(s).
• Motorized parade floats and towing apparatus shall be provided with a minimum 2A- 10B:C rated portable fire extinguisher readily accessible to the operator.
• Portable generators shall be secured from tipping and subject to approval by the fire code official. Fuel cans are prohibited in vehicles, floats and trailers.

FID 6 Food Vendors – All food vendors utilizing open flame cooking devices (grills, barbeques, stoves, ovens, woks, kettles, deep-fryers, etc., shall be required to have the appropriate fire extinguisher with a current State Fire Marshal service tag attached (serviced within the past 12 months). A 2A-10B:C minimum rated dry chemical fire extinguisher is Item 1H - 17
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required. In addition, any food vendor that deep-fry’s food or uses solid fuel for cooking such as charcoal, wood, etc. shall have a “Class K” UL rated 2A:K wet chemical fire extinguisher.

FID 7 All Vendors – Vendors utilizing open flame devices (LPG heaters, candles, etc.), shall be required to have the appropriate fire extinguisher with a current State Fire Marshal service tag attached(serviced within the past 12 months). A 2A-10B:C minimum rated dry chemical fire extinguisher is required.

FID 8 Tent Permits – An operational permit is required for all temporary tents and membrane structures in excess of 400 square feet. Tent conditions provided at the time of permit application. Tent permits to be secured by the tent supplier and to have a representative on site for the tent inspections.

FID 9 Fire Department Standby – Two (2) PSFD personnel shall be required on site during the event hours for life safety standby. One (1) PSFD engine company with a crew of three shall be required for six hours stationed on the west side of Palm Canyon Drive to include the hours of the parade. One (1) person shall be required at the command post for the parade. One (1) fire department representative shall be at the parade pre-meeting to discuss parade float and safety requirements.

Promoter is responsible for actual costs billed at the fully burdened rate of the personnel assigned.

Item 1H - 18
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EXHIBIT “B”

SCHEDULE OF COMPENSATION AND

DESCRIPTION OF CITY SERVICE COSTS

Cost Estimate for City Employee Costs and Equipment Rental for Venue

Parks/Downtown Division estimate $ 6,919.00
Public Works Department estimate $ 29,900.00
Fire Department estimate (including permit fees) $ 10,000.00 Special Events Staff estimate $ 7,000.00
Police Department estimate $ 49,358.00
CHP Officers $ 5,421.00
Facilities Department $ 3,000.00
Private Security $ 35,000.00

SUBTOTAL $ 146,598.00
City In-Kind Sponsorship - 125,000.00
Estimated Balance Due from Promoter $ 21,598.00

City agrees to waive the per-space rental cost for the use of the Showmobile for the duration of the Event.

The City will contribute One Hundred and Twenty-five Thousand Dollars ($125,000) for City services. Greater Palm Springs PRIDE is required to pay for all services above and beyond the City’s contribution detailed in Section 3.1 of this Agreement, and as determined by the SEPT review process and outlined in Exhibit “B”. Payment of fifty percent (50%) of the total estimated remaining costs for City services is required at least fourteen (14) days in advance of the Event or immediately upon conclusion of the final SEPT meeting prior to the Event, whichever is later.

The remaining cost of services is due within fourteen (14) working days following the conclusion of the Event.

Item 1H - 19
55575.18100\40053601.1
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Exhibit “C”

INSURANCE REQUIREMENTS

INSURANCE. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of the Agreement, including any extension thereof, the following policies of insurance:

(a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily in jury and property damage, including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured.

(b) Workers’ Compensation Insurance. A policy of workers’ compensation insurance in any amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer’s liability. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers.

(c) Business Automobile Insurance: A policy of business automobile li ability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage. The Business Automobile Insurance shall name the City, its officers, employees, and agents as additional insured.

No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements or binders are approved by the City.

The contractor agrees that the provisions of contained herein shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible.

In the event the Contractor subcontracts any portion of the work in compliance with this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section.

`
Item 1H - 20

CITY COUNCIL STAFF REPORT
06/16/2022   1. I.

City Clerk -

SUBJECT
AGREEMENT FOR PURCHASE AND SALE OF “FOSSILS OF THE FUTURE”

PUBLIC ARTWORK LOCATED ON CITY-OWNED PROPERTY ON THE NORTH

SIDE OF WEST RACQUET CLUB ROAD AT LEONARD STREET IN THE AMOUNT OF $10,000
RECOMMENDATION:

Approve purchase of “Fossils of the Future” by artist Tyler Burton, located on City-owned property on the north side of Racquet Club Road at Leonard Street in the amount of $10,000.

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

Attachments
Item 1I

CITY COUNCIL STAFF REPORT

DATE: June 16, 2022 CONSENT CALENDAR

SUBJECT: AGREEMENT FOR PURCHASE AND SALE OF “ FOSSILS OF THE FUTURE” PUBLIC ARTWORK LOCATED ON CITY-OWNED PROPERTY

AT THE NORTH SIDE OF WEST RACQUET CLUB ROAD AT LEONARD
STREET IN THE AMOUNT OF $10,000

FROM: Justin Clifton, City Manager

BY: Community & Economic Development Department

SUMMARY:

Approve the purchase of “Fossils of the Future”, by artist Tyler Burton, located on City owned property at the north side of Racquet Club Road at Leonard Street, in the amount of $10,000.

RECOMMENDATION:

1. Approve purchase of “ Fossils of the Future” by artist Tyler Burton, located on City owned property at north side of Racquet Club Road at Leonard Street in the amount of $10,000.

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

STAFF ANALYSIS:

The purpose of the Palm Springs Public Arts Program is to develop and maintain a visual arts program for the residents and visitors of Palm Springs, and to enhance the environment and unique character of Palm Springs by providing for the acquisition and maintenance of quality works of public art.

The “Fossils of the Future” artwork (Artwork) was initially installed as part of the Community Public Arts Grant program. The Public Arts Commission approved the Little Tuscany Neighborhood proposal to work with Tyler Burton to install the Artwork. A t its May 18, 2022 meeting, the Public Arts Commission voted to recommend the City Council approve the purchase of the Artwork to allow it to remain on a more permanent basis.

Item 1I - 1
City Council Staff Report
June 16, 2022 -- Page 2
Fossils of the Future Public Art

In accordance with the Public Arts Ordinance No. 1479 Chapter 3.37, the proposed site meets the criteria under Section 3.37.080 (b) Art Site Acceptability which states:

“When selecting the location for art purchased through the public arts fund, preference shall be given to publicly accessible public places. This would include libraries, parks, office buildings, sidewalks, traffic islands, etc.

Lobbies, plazas, adjacent open spaces, or exterior treatment of publicly owned buildings shall be potential sites, but the offices themselves of publicly owned buildings shall not be considered acceptable sites.”

“Fossils of the Future” incorporates casting, in porcelain, single- use plastic bottles and plastic food containers and glazing them with volcanic crusty glazes, hydrocal castings of plastic food containers and large cyanotype prints of plastic waste. The Ar twork is a monolith which has a totem-like structure resembling futuristic core samples of the earth.

The Artwork dimensions are 92" x 18" x 18."

Item 1I - 2
City Council Staff Report
June 16, 2022 -- Page 3
Fossils of the Future Public Art

Tyler Burton received her BFA from Brooks Institute of Photography and is the recipient of six Artists’ Residencies at The Banff Art Centre in Canada and one at Buffalo Creek Art Center in Nevada. Her work is collected nationally and internationally and has been exhibited at The American Museum of Ceramic Art and The Whyte Museum of Canada. Tyler Burton lives and works in Los Angeles and Palm Springs, CA.

ALIGNMENT WITH STRATEGIC PRIORITIES:

Section 2.24.050 of the Palm Springs Municipal Code requires the Public Arts Commission to, “Be responsible for a Palm Springs public arts program including policies and guidelines, oversight of development of art projects and maintenance of art collection.”

ENVIRONMENTAL IMPACT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA.

In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 (c) projects consist of "Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities," and approval of this item is considered categorically exempt from CEQA.

FISCAL IMPACT:

There is no impact to the General Fund. There are sufficient funds available in the Public Arts Fund.

REVIEWED BY:

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

ATTACHMENTS:

1. Agreement for Purchase and Sale of Public Artwork

Item 1I - 3
55575.00001\40140870.2
1 AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ARTWORK

THIS AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ARTWORK
("Agreement") is entered into and effective this __________ day of ________2022, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation ("City"), and Tyler Burton ("Artist").

RECITALS
A. Pursuant to Municipal Ordinance No. 1479, City established the Public Arts Commission (“Commission”) and an Art in Public Places Program (“Program”).

B. Cit y and A rtist desire for the Artwork to remain on the City owned property at the north side of Racquet Club Road and Leonard Street, more particularly depicted on Exhibit “A” attached hereto (“Site”).

C. Art
ist submitted an invoice (Exhibit “B,” “Proposal”) to the Commission for the sale of an art piece referred to herein as “ Fossils of the Future” ( Exhibit “C,” “Artwork”).

D. Consistent with the objectives of the Commission, and in furtherance of the Program, City desires to purchase from Artist, and Artist desires to sell to City, the Artwork described in the Proposal.

NOW, T
HEREFORE, City and Artist, for the consideration a nd under the conditions hereinafter set forth, and pursuant to the authority, terms, and conditions set forth in Municipal Ordinance No. 1479, agree as follows:

1. Ownership of Documents, Models. All studies, drawings, designs, and models prepared and submitted by Artist to City relative to this Agreement shall become the property of City. City agrees not to reuse such studies, drawings, and models for the purpose of constructing a full-sized duplicate of the Artwork.

2. Fee and Interim Payments. As consideration for the Artwork and all services by Artist hereunder, City shall pay Artist the fees in an amount not to exceed TEN THOUSAND DOLLARS ($ 10,000.00) plus applicable sales tax.

3. Artist’s Rights; City’s Ownership Rights.

3.1 Al terations. The City, pursuant to its governmental and proprietary responsibilities, intends to display the Artwork at the Site as originally created by Artist and to maintain the Artwork in good condition. The City must preserve complete flexibility to operate and manage City property in the public’s interest.

Therefore, City retains the absolute right to alter the Artwork in City’s sole judgment. For example, City may alter the Artwork to eliminate hazard, to comply with the ADA, to otherwise aid City in the management of its property and affairs, Item 1I - 4
55575.00001\40140870.2

2 or through neglect or accident. If, during or after the term of this Agreement, City finds the Site to be inappropriate, City has the right to cause the Artwork to be installed at an alternate location that City chooses in its sole reasonable discretion.

3.2 Waiver. With respect to the Artwork produced under this Agreement, Artist waives any and all rights and claims, arising at any time and under any circumstances, against City, its officers, agents, employees, successors and assigns, arising under the federal Visual Artist Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art. If the Artwork is incorporated into a building or the Site such that the Artwork cannot be removed from the building or Site without alteration of the Artwork, Artist waives any and all such claims against any future owners of the Site, and its agents, officers and employees, for alteration of the Artwork.

3.3 Good Faith. Where time permits, prior to altering the Artwork, City shall make reasonable good faith efforts to notify and consult with Artist, at the last phone number or address provided by Artist to the City, and to come to a mutually agreeable plan for disposition of the Artwork. Such consultation shall be without charge by Artist unless otherwise specifically agreed in writing. If the Artwork is altered and City intends to maintain the Artwork on display, City shall make a reasonable good faith effort to engage Artist in the restoration of the Artwork and to compensate Artist for Artist’s time and efforts at fair market value, which may be the subject of a future agreement between Artist and City. However, City has no obligation under this Agreement to restore the Artwork to its original condition or to compensate Artist for any restoration work. If Artist fails or refuses to negotiate with City in good faith with respect to any restoration, City may contract with any other qualified art conservator or artist for such restoration.

3.4 Disclaimer. If City alters the Artwork without Artist’s consent in a manner that is prejudicial to Artist’s reputation, Artist retains the right to disclaim authorship of the Artwork in accordance with California Civil Code §987(d) and 17 U.S.C. §106A(a)(2).

4. Artist’s Warranties/Waivers.

4.1. Defects in Materials or Workmanship. Artist warrants that the Artwork and Artist services hereunder will be free of defects in workmanship or materials, and that Artist will, at Artist’s own expense, remedy any defects due to faulty workmanship or materials appearing during the twenty-four (24) month period immediately following execution of both parties of this Agreement. This warranty includes any workmanship or materials which cause the Artwork to deteriorate over said twenty-four (24) month period in a manner inconsistent with the design, the approved plans and specifications or as would otherwise be expected from products made of similar materials, or from any quality Item 1I - 5
55575.00001\40140870.2

3 within the materials which comprise the Artwork which, either alone or in combination, result in the tendency of the Artwork, or their installation, to deteriorate.

4.2. Public Safety. City and Artist shall cooperate to insure that the Artwork, or the installation, incorporate no feature which is a danger to the public such as sharp edges or points. Should hazards become apparent, City shall have the right to make adjustments and modifications thereto to eliminate such hazards. Artist agrees to cooperate in making adjustments to the site or pedestal or display of the Artwork, if necessary, to eliminate other hazards which become apparent within two (2) years of the date the Artwork is finally accepted by City. City shall solely bear the cost of any such modifications.

4.3. Title. Artist warrants that the Artwork is the result of the artistic efforts of Artist and that the Artwork will be delivered and transferred to City free and clear of any liens, claims, or other encumbrances of any type, exclusive of intellectual property rights of Artist.

5. Maintenance of the Artwork. Artist shall provide City with written instructions for appropriate maintenance and preservation of the Artwork.

6. Default; Remedies.

6.1 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the defaulting party in writing of the breach or dispute and the facts giving rise thereto. The injured party shall continue performing its obligations hereunder so long as the defaulting party commences to cure such default within fifteen (15) days of receipt of such notice and completes the cure of such default within thirty (30) days after receipt of the notice, or such longer period as may be permitted by the injured party; provided that if the default is or presents an immediate danger to the health, safety and general welfare, City may take immediate action. Compliance with the provisions of this s ection shall be a condition precedent to termination of this Agreement for cause and to seek arbitration, and such compliance shall not be a waiver of any party's right to seek arbitration in the event that the dispute is not cured.

6.2 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver unless such waiver, delay or omission is memorialized in writing. A party's consent to or approval of any act by the other party requiring the first party's consent or a pproval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act unless such consent or approval is memorialized in writing. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

6.3 Rights and Remedies. Except with respect to rights and remedies Item 1I - 6
55575.00001\40140870.2

4 expressly declared to be exclusive in this Agreement, the rights and remedies of the parties hereunder are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

6.4 Arbitration. In addition to any other rights or remedies, either party may seek arbitration to cure, correct, or remedy any default or to recover damages for any default. Arbitration shall occur in the State of California according to the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorney's fees, in addition to all other sums provided by law.

The internal laws of the State of California shall govern this Agreement (exclusive of the conflicts of laws provision).

6.5 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorneys' fees on appeal, and in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs which are incurred in such arbitration and on appeal.

7. Hold Harmless. Artist shall hold the City, its elected officials, officers, employees and agents, harmless from and against any and all liabilities, actions, claims, demands, losses, costs, damages, penalties, and expenses (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons and for damage to property, that arise out of or relate to Artist’s performance under this Agreement. This hold harmless clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers.

8. Intellectual Property and Publicity Rights

8.1. Bill of Sale. Upon the acceptance of the Work and payment therefore by the City, the Artist shall convey and assign title to the Work and all rights thereto to the City by executing and delivering the Bill of Sale in the form attached hereto as Exhibit “D” (“Bill of Sale”). The Artist bears the risk of damage to or loss of the Work until the title passes to the City. Artist shall register a copyright with the United States Copyright Office, and the Artist shall provide the City with a copy of the application for registration. The City’s share in the copyright of the Work shall be transferred to the City by the Bill of Sale.

8.2. Copyright. Except as noted in this Agreement, the Artist shall retain all copyrights in all original works of authorship produced under this Agreement.

Artist’s copyright shall not extend to predominantly utilitarian aspects of the work, Item 1I - 7
55575.00001\40140870.2

5 such as landscaping elements, furnishings, or other similar objects.

Notwithstanding any other provision to the contrary, Artist shall not grant, sell, give, or in any way convey to any person or entity of any kind a copy of the Artwork or any component thereof or any likeness or reproduction of the Artwork or any component thereof without the express written approval of the City. Nothing herein shall prohibit the Artist from providing two dimensional images of the Artwork or portions thereof to be included in any portfolio or other resume of the Artist demonstrating or depicting representative samples of the Artist’s work.

8.3. City’s Intellectual Property License. Artist grants to City, and to City’s agents, authorized contractors and assigns, an unlimited, exclusive, and irrevocable license to all rights worldwide with respect to the Artwork and any and all intellectual property or other property of any nature produced, created, or suggested by the Artist during the term of this Agreement or resulting from the Artist's services shall be deemed a work made for hire and shall be the sole and exclusive property of the City. Such license rights include, but are not limited to the following with respect to the Artwork and any original works of authorship created under this Agreement, whether in whole or in part, in all media (including electronic and digital) throughout the universe:

8. 3.1 Implementation, Use, and Display. City may use and display any and all graphic representations or models of the Artwork, as well as the Artwork. To the extent the Artwork involves design elements that are incorporated by City into the design of the Site, City may implement such elements at the Site.

8. 3.2 Reproduction and Distribution. City may make and distribute, and authorize the making, display, and distribution of, photographs and any other two or three-dimensional reproductions. City may use such reproductions for any purpose (commercial and noncommercial), including advertising, educational, and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic and multimedia publicity, gifts for City benefactors, documentation of City’s Civic Art Collection, and catalogues or similar publications. City shall ensure that such reproductions are made in a professional and tasteful manner, in the sole and reasonable judgment of the City. The proceeds from the sale of any such reproductions shall be used to maintain and support the Artwork or for any other governmental or charitable purpose as determined at the sole discretion of City. This provision is intended to constitute a transfer of the right to reproduction, and this Agreement is intended to be and shall be deemed to constitute the document in writing required by Civil Code Section 982(c).

8.3.3 Public Records Requests. Any documents provided by Artist to City are public records and City may authorize third parties to review and reproduce such documents pursuant to public records laws.

Item 1I - 8
55575.00001\40140870.2

6 8.3.4 Title to Work Product. Without limiting the generality of the foregoing, title to all drawings, plans, ideas, concepts, specifications, models, or other tangible work product produced by the Artist pursuant to this Agreement shall become the property of the City when produced. The City shall own the worldwide right, title and interest in such work product.

Artist shall deliver all such original work product to the City upon the completion or sooner termination of the Artist services under this Agreement but may retain copies thereof for its permanent records so long as the same are not used without the City’s prior express written consent.

8.4 Third Party Infringement. The City is not responsible for any third party infringement of Artist’s copyright and not responsible for protecting the intellectual property rights of Artist.

8.5 Credit. Artist hereby agrees that all formal references to the Artwork and any reproductions of the Artwork in any form shall include the following credit:
“Collection of the City of Palm Springs Public Art Collection.” City shall credit Artist for the Artwork upon publication of any two or three dimensional reproductions of the Artwork.

8.6 Publicity. City shall have the right to use Artist’s name, likeness, and biographical information, in connection with the display or reproduction and distribution of the Artwork including all advertising and promotional materials regarding the City. Artist shall be reasonably available to attend any inauguration or presentation ceremonies relating to the public dedication of the Artwork.

8.7 Trademark. In the event that City’s use of the Artwork creates trademark, service mark, or trade dress rights in connection with the Artwork, City shall hav
e an exclusive and irrevocable right in such trademark, service mark, or trade dress. Artist may not use the Artwork in any manner that would cause a likelihood of confusion as to source or sponsorship by City, its agents or assigns, or to dilute the distinctive quality of such mark.

8.8 Unique. Artist warrants that the design of the Artwork as expressed in the Proposal is an edition of one, and that neither Artist not Artists’ agents will execute or authorize another to execute another work of the same or substantially similar image, design, dimensions, and materials as the Artwork, except as City may request pursuant to Section 8.3.2 above. Artist may create works that utilize or incorporate various individual art elements that comprise the Artwork, so long as the work utilizing or incorporating such individual elements (1) does not consist predominantly of such elements (2) is not the same or substantially similar in image, design, dimensions and materials as the Artwork, and (3) is not displayed in an environment that is the same or substantially similar to the environment in which the Artwork is to be displayed at the Site. This warranty shall continue in effect for a period consisting of the life of Artist plus 70 years or for the duration of Item 1I - 9
55575.00001\40140870.2

7 the Artwork’s copyright protected status, whichever is longer, and shall be binding on Artist and Artist’s heirs and assigns. In the case where Artist is comprised of two or more individual persons or a group of people, the measuring life shall be the life of the last surviving individual person comprising Artist. Recognizing that City has no adequate remedy at law for Artist’s violation of this warranty, Artist agrees that, in the event Artist breaches this warranty, City shall be entitled to enjoin Artist’s breach.

8.9 Resale Royalty. If City sells the Artwork as a fixture to real property, and if the resale value of the Artwork is not itemized separately from the value of the real property, the Parties agree that the resale price of the Artwork shall be presumed to be less than the purchase price paid by City under this Agreement.

Thus, City has no obligation to pay resale royalties pursuant to California Civil Code §986 or any other law requiring the payment of resale royalties. If City sells the Artwork as an individual piece, separate from or itemized as part of a real property transaction, City shall pay to Artist a resale royalty to the extent required by law, based upon the sale price of the Artwork.

9. Documentation. To the extent possible, Artist shall provide information on the Artwork requested by the City for its registration files.

10. Repair and Restoration. It is the current policy of the City to consult with Artist regarding repairs and restoration which are undertaken during Artist's lifetime when that is practical. To facilitate consultation, Artist will, to the extent feasible, notify the City of any change in his professional address.

11 Reputation.

11.1 City's Commitment. The City agrees that it will not use the Artwork or Artist's name in a way which reflects discredit on the Artwork or on the name of Artist or on the reputation of Artist.

11.2 Artist's Commitment. Artist agrees that it will not make reference to the Artwork or reproduce the Artwork or any portion thereof in a way which reflects discredit on City or the Artwork.

11 .3 No Assignment or Transfer. The personal skill, judgment, and creativity of Artist are essential elements of this Agreement. Therefore, Artist shall not voluntarily or involuntarily assign, convey, subcontract, hypothecate, encumber or otherwise transfer any portion of this Agreement or any of the services to be performed hereunder without the express written consent of City, which consent may be withheld in City's sole and absolute discretion. In the event of such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void.

12. Artist as Independent Contractor.

Item 1I - 10
55575.00001\40140870.2

8 12.1 Neither City nor any of its employees shall have any control over the manner, mode or means by which Artist, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Artist’s employees, volunteers, representatives or agents, or in fixing their number, compensation or hours of service. Artist shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Artist shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the City. City shall not in any way or for any purpose become or be deemed to be a partner of Artist in its business or otherwise or a joint venture or a member of any joint enterprise with Artist.

12 .2 The City may require Artist to make such revisions to the Proposal as are necessary for the installation of the Artwork to comply with applicable statutes, ordinances or regulations governing the services of Artist hereunder.

Artist acknowledges (i) that Labor Code Section 1771 may require the payment of prevailing wages and (ii) the Public Contracts Code may require that certain aspects of the installation of the Artwork be publicly bid. Upon request of City, Artist shall make such revisions to the installation of the Artwork and/or supply data to City as is necessary for the installation of the Artwork to comply with the Labor Code or Public Contracts Code; provided, however, that any such changes that increase Artist costs to complete the installation shall be paid to Artist in advance of the installation of the Artwork.

13. Conflict of Interest. No officer, representative, or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer, representative or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, limited liability company, partnership or association in which he or she is, directly or indirectly, interested, in violation of any Federal or California statute or regulation. Artist warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

14. Covenant Against Discrimination. Artist covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of actual or perceived race, color, creed, religion, sex, marital status, national origin, disability, medical condition, marital status, domestic partner status, gender, gender identity, gender expression, sexual orientation as those terms are defined by California law, or ancestry, or association with members of classes protected in this section or in retaliation or opposition to any practices forbidden under this section, in the performance of this Agreement. Artist shall include a similar provision in all subcontracts associated with this Agreement. Artist shall provide the certification required Item 1I - 11
55575.00001\40140870.2

9 by Palm Springs Municipal Code Section 7.09.040(4).

15. Integration; Amendments. This Agreement contains all of the agreements of the parties and cannot be modified, terminated or rescinded, in whole or in part, unless written and signed by authorized representatives of the parties hereto. No prior oral or written understanding shall be of any force with respect to those matters covered in this Agreement.

16. Governing Law. This Agreement and all matters pertaining thereto shall be construed according to the laws of the State of California.

17. Licenses, Permits and Fees. Any licenses, permits, and approvals required by law for installation of the Artwork on City property shall be obtained by the City at City's sole cost and expense.

18. Further Responsibilities of the Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the services of the other.

19. City Manager. The City Manager, or his designee, a Contract Officer of the City shall be the City's designated representative with respect to this Agreement. It shall be Artist responsibility to assure that the City is kept informed of the progress of Artist services hereunder and Artist shall refer any decision which must be made by City to the City Manager or his designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Manager. Except as otherwise directed by the City Council, the City Manager shall have the authority to give any approvals or consents required hereunder and to otherwise act on behalf of City in order to carry out the terms of this Agreement.

20. Notices. Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given by personal delivery or by mailing the same by registered or certified mail, return receipt requested, to the party to whom the notice is directed at the address of such party hereinafter set forth, or such other address and to such other persons as the parties may hereafter designate, or by facsimile when followed by a facsimile confirming receipt:

To Artist: Tyler Burton
2592 N. Girasol Ave.

Palm Springs, CA 92262

To City: City Manager
City of Palm Springs
P.O. Box 2743
Item 1I - 12
55575.00001\40140870.2

10 Palm Springs, CA 92263

Copy to: City Attorney
City of Palm Springs
P.O. Box 2743
Palm Springs, CA 92263

A change in the designation of the person or address to which submittals, requests, notices or reports shall be delivered is effective when the other party has received notice of the change by certified mail or by facsimile when followed by a return facsimile confirming receipt.

21. Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties hereto, notwithstanding that all parties are not signatories to the original on the same counterpart.

Item 1I - 13
55575.00001\40140870.2

11 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written.

“ARTIST”

By:_________________________

Its:_________________________

“CITY”

CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:

By: By:

Monique Lomeli, Interim City Clerk Justin Clifton
City Manager

APPROVED AS TO FORM:

Jeffrey S. Ballinger, City Attorney

Item 1I - 14
55575.00001\40140870.2

12 EXHIBIT “A”
SITE

X
Item 1I - 15
55575.00001\40140870.2

13 EXHIBIT “B”

INVOICE

Item 1I - 16
Invoice #10 35
INVOICE DATE: May ·11, 2022
FROIM:

Tyler Burton
2592 N Giraso l Ave
Palm Spr ings, CA 92262
us
3105926095
etyburton @gm ail.com
INVOICE ITEMS:

Artwo rk
Fossils of The Futur e,
2021
conc rete, plast ics,
mixed med ia
96 X 18 X 18 in
Origina l Price
$15,000.00
PAYM ENT FOR PURCHASE OF "FOSSILS OF THE FUTURE",
THIS INCLUDES POURING OF A 36" SQUARE CONCRETE PAD AND
INSTALLATION OF Tl-1E SCULPTURE.

TO:

PALM SPRINGS ARTS

COIMMISSION
Invoice Price Tax
$15,000 .00 $0.00 (0.0%)
Invo ice Price:

Tota l Tax:

Shipp ing:

Tota l:

Paid:

Remai11 iing :
$15,000.00
$0.00
SO.OD
s1 s,ooo .. ,oo
$5,000.00
$10,000 .,oo
55575.00001\40140870.2

14 EXHIBIT “C”

FOSSILS OF THE FUTURE

Item 1I - 17
55575.00001\40140870.2

15 EXHIBIT “D”

BILL OF SALE

BILL OF SALE AND ASSIGNMENT

THIS BILL OF SALE AND ASSIGNMENT is made as of ______, 2022, from _________________ (Seller) to the CITY OF PALM SPRINGS, a municipal corporation ("Buyer").

That for good and valuable consideration to be paid pursuant to the provisions of that certain Agreement for Purchase and Sale of Public Art Work dated _________________, 2022 between Buyer and Seller (the "Purchase Agreement") Seller does hereby sell, assign, transfer and deliver unto Buyer, and its successors and assigns, that certain work created by Seller entitled “FOSSILS OF THE FUTURE " (the "Property"), including all right, title and interest therein, and shared copyrights thereto.

Seller does hereby represent and warrant to Buyer that Seller is the lawful owner of such personal property, and that Seller had good right to sell the same as aforesaid and will warrant and defend the title thereto unto buyer, its successors, subsidiaries, parent corporations, affiliates and loan participant.

IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above written.

______________________, Artist

By:________________________
Signature

CITY OF PALM SPRINGS
a municipal corporation

By:________________________
City Manager
ATTEST:

By:_____________________________
City Clerk

APPROVED AS TO FORM:

CITY ATTORNEY:________________________________
Item 1I - 18

CITY COUNCIL STAFF REPORT
06/16/2022   1. J.

City Clerk -

SUBJECT
ACCEPTANCE OF THE 2021 PAVEMENT REHABILITATION, CITY PROJECT 21-01 RECOMMENDATION:

Accept the public works improvement identified as the 2021 Pavement Rehabilitation, City Project No. 21-01, as completed in accordance with the contract documents.

1. Authorize the City Engineer to execute and file a Notice of Completion for recordation with the Riverside County Recorder for the 2021 Pavement Rehabilitation, City Project No. 21-01.

2. Attachments
Item 1J

CITY COUNCIL STAFF REPORT

DATE: June 16, 2022 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF THE 2021 PAVEMENT REHABILITATION, CITY PROJECT 21-01

FROM: Justin Clifton, City Manager

BY: Engineering Division

SUMMARY:

Formal City Council acceptance of the 2021 Pavement Rehabilitation, City Project No. 21-01, is required to document the completion of the public works improvements, and to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.

RECOMMENDATION:

1. Accept the public works improvement identified as the 2021 Pavement Rehabilitation, City Project No. 21-01, as completed in accordance with the contract documents.

2. Authorize the City Engineer to execute and file a Notice of Completion for recordation with the Riverside County Recorder for the 2021 Pavement Rehabilitation, City Project No. 21-01.

BACKGROUND:

On July 22, 2021, the City Council awarded a construction contract in the a mount of $5,758,200 to Matich Corporation (“Contractor”), for the construction of the 2021 Pavement Rehabilitation, City Project 21-01.

STAFF ANALYSIS:

The street paving portion of the project began on September 27, 2021 and continued until early March of this year. The project included over 2 million square feet of full pavement reconstruction that covered eighty-five individual street segments . This is an equivalent of 12 lineal miles (of various widths) or 24 lane miles.

In addition to street paving , this project included the reconstruction and color coating of retaining walls along the southern boundary of the O’ Donnell Golf Course adjacent to Item 1J - 1
City Council Staff Report
June 16, 2022 -- Page 2
Accept 2021 Pavement Rehab
Belardo Rd. and the construction of drainage improvements on West Tahquitz Canyon Way and Gateway Drive. In accordance with the contract documents , the rehabilitation project was completed on time and under budget, and the project is now complete.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing publi c structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the 2021 Pavement Rehabilitation, City Project No. 20-01, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “Community Infrastructure”, specifically area 3B, 5-Year Capital Improvement Plan (Accelerate Street Paving).

FISCAL IMPACT:

The original contract amount was $5,758,200. One contract change order was issued during construction, reducing the contract amount by $214,519, for a new contract total of $5,543,681. The City is holding retention in the amount of $138,592 for Matich Corporation, pending the acceptance of improvements and filing the Notice of Completion with the County Recorder’s Office. The project account will be closed out upon final payment to the Contractor.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
Item 1J - 2

CITY COUNCIL STAFF REPORT
06/16/2022   1. K.

City Clerk -

SUBJECT
APPROVE AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT NO. 7139 WITH CONSERVE LANDCARE, INC. FOR LANDSCAPE AND GROUNDS

MAINTENANCE SERVICES
RECOMMENDATION:

Approve Amendment No. 4 to Contract Services Agreement No. 7139 with Conserve LandCare, Inc., in the amount of $444,853.10 for a total annual contract amount of $1,714,929.10.

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

Attachments
Item 1K

CITY COUNCIL STAFF REPORT

DATE: June 16, 2022 CONSENT CALENDAR

SUBJECT: APPROVE AMENDMENT NO. 4 TO CONTRACT SERVICES
AGREEMENT NO. 7139 WITH CONSERVE LANDCARE, INC . FOR

LANDSCAPE AND GROUNDS MAINTENANCE SERVICES

FROM: Justin Clifton, City Manager

BY: Department of Maintenance and Facilities

SUMMARY:

This action will approve Amendment No. 4 to Contract Services Agreement No. 7139 with Conserve LandCare, Inc., to retrofit turf within median islands throughout the city, provide increased frequency of services of medians and parkways, the addition of landscape and grounds maintenance services of the Downtown Park, and reduction of services not performed for the Downtown Project location.

RECOMMENDATION:

1. Approve Amendment No. 4 (Attachment 1) to Contract Services Agreement No. 7139 with Conserve LandCare, Inc., in the amount of $444,853.10 for a total annual contract amount of $1,714,929.10.

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

BUSINESS PRINCIPAL DISCLOSURE:

A copy of Conserve LandCare’s business disclosure form is included as Attachment 2.

BACKGROUND:

The City has contracted for landscape and grounds maintenance services since 1995, privatizing these services in an effort to reduce General Fund operating and maintenance costs. On May 16, 2018, Council awarded three Contract Services Agreements for Landscape and Grounds Maintenance Services of City Parks, Facilities , Assessment Districts, Medians, and Parkways , with an initial three -year term, terminating June 30, 2021, and two one-year optional renewals at the City’s discretion.

Item 1K - 1
City Council Staff Report
June 16, 2022 -- Page 2
Amendment for Turf Retrofit

On January 1, 2021, the City terminated Contract Service Agreement No. 7141 with Urban Habitat Inc., for landscape maintenance for Assessment Districts, Medians and Parkways and added these services as Amendment No. 2 to the Contract Services Agreement No. 7139 with Conserve LandCare, Inc.

One of the budget savings measures implemented for FY 20 -21 was a 50% reduction in landscape maintenance services, due to COVID-19 impacts. The City operates with two different contractors (Conserve LandCare and PWLC) to provide landscape maintenance services at all City Parks and Facilities including certain areas of the Palm Springs International Airport, and various landscaped Medians, Parkways, and Assessment Districts throughout the City. Each contract was amended, reducing services by 50%.

On July 1, 2021, the City and Conserve LandCare exercised the first of two one -year optional renewal terms for City Parks, Assessment Districts, Medians, and Parkways landscape and grounds maintenance services through June 30, 2022. Amendment No. 3, approved on September 9, 2021, restored 100% landscape and grounds maintenance services for City Parks.

STAFF ANALYSIS

Amendment No. 4 proposes to (i) exercise the second and final one-year optional renewal term; (ii) add $50,000 for increased frequency of landscape maintenance services provided from July 1, 2021, through December 31, 2021 ; (iii) include a reduction of $27,076.90 for services not performed at the Downtown Project location for medians and parkways, reflected in Bid Schedule D ; (iv) include an addition of $38,880 for the Downtown Park landscape and grounds maintenance services to Bid Schedule A ; and (v) retrofit turf within four (4) areas of the City to drought-tolerant desert landscape.

On October 19, 2021, Governor Newsom proclaimed a drought state of emergency for all counties in California. On January 4, 2022, the State Water Board adopted an emergency regulation. On January 18, 2022, the emergency regulation became effective , and included in the prohibitions is watering ornamental turf on public medians.

The City ceased watering ornamental turf within public medians in accordance with the emergency regulation which resulted in dead turf areas throughout the City’s median islands. The City has four (4) median islands shown on the following pages that can be retrofit from turf to drought-tolerant desert scape.

Item 1K - 2
City Council Staff Report
June 16, 2022 -- Page 3
Amendment for Turf Retrofit

East Palm Canyon, four (4) me dian islands, between Farrell Drive and Cerritos Drive (approximately 40,655 square feet turf):

Sunrise Parkway, one (1) median island, and Ramon Road from Sunrise Way to Cerritos Road, two (2) median islands (approximately 16,640 square feet turf):

East Palm Canyon between Canyon Sands Dr . and Linden Way, one (1) median island (approximately 10,900 square feet turf):

Item 1K - 3
City Council Staff Report
June 16, 2022 -- Page 4
Amendment for Turf Retrofit

Ramon Rd. between Farrell and Premier Care Center, three (3) median islands (approximately 9,730 square feet turf):

The Desert Water Agency (DWA) is currently offering a turf buyback program with government applicants receiving up to $3/per square foot of retrofit turf. Staff obtained proposals from its landscape maintenance contractor, Conserve LandCare, and successfully applied for the retrofit of the above -described median islands. The cost proposals and rebates are reflected in the table below.

Location Square
Footage
Conserve
LandCare
DWA
Rebate City Cost
EPC: Farrell Dr to Cerritos Dr 40,655 $187,860 $121,965 $65,895 Sunrise Parkway & Ramon Rd 16,640 $87,460 $49,920 $37,540 EPC Canyon Sands Dr to
Linden Way
10,900 $52,760 $32,700 $20,060
Ramon Rd: Farrell to Premier
Care Center
9,730 $54,970 $29,190 $25,780
Total

$383,050 $233,775 $149,275

It was necessary to increase the frequency of servicing City medians and parkways for a period of six (6) months, commencing July 1, 2021, through December 31, 2021, to adequately provide landscape maintenance services similar to original frequency schedules prior to the 50% reduction undertaken during COVID. The increased frequency of service provided was performed at a cost of $50,000.

Staff performed landscape and grounds maintenance services for the downto wn district, including the Downtown Project area included as Location 11, Bid Schedule D, of Conserve LandCare’s contract, commencing January 1, 2021, and continuing through May 6, 2022, included as a reduction of $27,076.90, in this Amendment.

In addition, this Amendment adds the Downtown Park at a monthly cost of $3,240, or $38,880 annually. The table below reflects the changes proposed in Amendment No. 4.

Item 1K - 4
City Council Staff Report
June 16, 2022 -- Page 5
Amendment for Turf Retrofit

Service Cost
Median Turf Retrofit $383,050.00
Median and Parkway increased frequency (July - Dec 21) $50,000.00 Downtown Project reduction (Jan 21 - May 22) $(27,076.90) Downtown Park (July 1, 2022) $38,880.00
Total $444,853.10

ENVIRONMENTAL IMPACT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Envir onmental Quality Act (“CEQA”). Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the pr eparation of environmental documents. In accordance with Section 15301 “Existing Facilities,” Class 1 (h) projects consist of the m aintenance of existing landscaping and native growth ; therefore, landscape and grounds maintenance services are considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 2A, Environmental Stewardship, furthering the City in its water conservation measures, providing an alternative to non-functional turf.

FISCAL IMPACT:

Sufficient funding is available in Parks Maintenance Account 1006540-50121 to cover the increased frequency of landscape maintenance services provided on medians and parkways throughout the City, and the addition of the Downtown Park. A General Fund appropriation of $383,050 is required to fund the turf retrofit with an approximate rebate of $233,775, or $3 per square foot of turf retrofit to drought tolerant desert landscape, from DWA.

REVIEWED BY:

Procurement Manager: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton

ATTACHMENTS:

1. Amendment No. 4

2. Public Integrity Disclosure Forms
Item 1K - 5
ATTACHMENT 1
Item 1K - 6
AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT NO. 7139

CITY PARKS, ASSESSMENT DISTRICTS, MEDIANS, AND PARKWAYS

LANDSCAPE AND GROUND MAINTENANCE SERVICES

This Amendment No. 4 to the Contract Services Agreement ( A7139), (“Amendment No. 4”), is made and entered into thi s _____ day of _____________, 2022 , by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City , and Conserve LandCare, Inc., a California corporation, hereinafter designated as the Contr actor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City has determined that there is a need for Landscape and Grounds Maintenance Services at various City Parks, As sessment Distr icts, Medians, and Parkways (hereinafter “Landscape Maintenance”), and on May 16, 2018, the City Council approved a Contract Services Agreement ( A7139) with Contractor to provide Landscape Maintenance services.

B. On July 6, 2020, City and Cont ractor entered Amendment No. 1, reducing the frequency of Landscape Maintenance of City Parks and Annual Turf Reseeding by fifty percent (50%), due to budget constraints anticipated by COVID -19, for an annual reduction of $392,974.68.

C. At the time the City approved Contract Services Agreement ( A7139) with Contractor to provide landscape maintenance, the scope of work did not include landscape maintenance of Assessment Districts, Medians, and Parkways as the City had entered into a separate Agreement (A7141) with Urban Habitat, Inc. for these services.

D. Effective January 1, 2021, the City terminated Agreement A7141 with Urban Habitat, Inc. for landscape maintenance of Assessment Districts, Medians, and Parkways.

E. Amendment No.2, effective January 1, 2021, expanded the scope of services for Contract Services Agreement (7139) with Contractor to provide Landscape Maintenance of Assessment District, Medians, Parkways, and Annual turf Reseeding; in the amount of $309,272, for a one-time cost increase of $215,005.28, and a one- time cost of $68,565.58, for Landscape Maintenance through June 30, 2021; and $372,837.28, for Landscape Maintenance Services annually.

F. Amendment No. 3, approved on September 9, 2021 , increased Agreement (7139), in the amount of $504,263.86, for a total annual contract amount of $1,270,076.00.

G. City now wishes to (i) exercise the s econd and final one- year optional renewal term; (ii) add $50,000 for increased frequency of landscape maintenance services provided from July 1, 2021, t hrough December 31, 2021, and (iii) reduction of $27, 076.90 for services Item 1K - 7
not performed at the Downtown Project location for medians and parkways, reflected in Bid Schedule D ; (iv) addition of $38,880 for the Downtown Park landscape and grounds maintenance services to Bid Schedule A; and (v) retrofit turf within f our (4) areas of the city to drought tolerant desert landscape.
• East Palm Canyon, four (4) median islands, between Farrell Drive and Cerritos Drive (approximately 40,655 square feet).
• Sunrise Parkway, one (1) median island, and Ramon Road from Sunrise Way to Cerritos Road, two (2) median islands (approximately 16,6640 square feet). • East Palm Canyon between Canyon Sands Dr ive and Linden Way , one (1) median island (approximately 10,900 square feet).
• Ramon Road between Farrell Drive and Premier Care Center , three (3) median islands (approximately 9,730 square feet).
in the amount of $383,050, to a total annual contract amount of $1,714,929.10.

H. In consideration of these promises and mutual agreements, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide services to the City as follows:

AGREEMENT

SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Second Amendment.

SECTION 2. Article 3 “Contract Price” as defined therein is revised to read: “One Million Seven Hundred Fourteen Thousand Nine Hundred Twenty -Nine Dollars and Ten Cents ($1,714,929.10)

SECTION 3. Exhibit “A” Contractor’s Bid Schedules are hereby revised by inc orporating services as outlined in a revised frequency schedule for Bid Schedule D co mmencing on July 1, 2021, and continuing through Decem ber 31, 2021, addition of the Downtown Park, and turf retrofit proposals, included herein as Exhibit A.

SECTION 4. Full Force and Effect. All terms, conditio ns, and provisions of the Contract Services Agreement 7139, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 4 and any provisions of the Contract Services Agreement 7139 , the provisions of this Amendment No. 4 shall in all respects govern and control.

SECTION 5 . The persons executing this Amendment No . 4 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Amendment No. 4, and (iv) the entering into this Amendment No. 4 does not violate any provision of any other agreement to which said Party is bound.

Item 1K - 8

Agreement Number: 7139
Original City Council Approval: May 16, 2018
Original Contract Amount: $ 682,854.00

FY19-20 CPI Adjustment: July 1, 2019
Annual Increase $ 53,399.18
Annual Contract Amount $ 736,253.18

FY20-21 CPI Adjustment:

Annual Increase $ 49,697.40
Annual Contract Amount $ 785,950.58

Amendment #1 Annual Costs:

Department Approval: July 6, 2020
Annual Increase/Decrease $ 392,974.68
Total Annual Contract Amount $ 392,974.69

Amendment #2 Annual Costs:

City Council Approval: December 10, 2020
One-Time Cost Increase/Decrease $ 215,005.28
Total FY20-21 Contract Amount $ 607,979.97

Annual Increase/Decrease $ 372,837.28
Total Annual Contract Amount $ 765,811.97

This Amendment #3 Annual Costs:

Department Approval: January 9, 2022
Increase/Decrease $ 504,263.86
Total FY21-22 Annual Contract Amount $1,270,076.00

This Amendment #4 Annual Costs:

City Managers Approval:

Increase/Decrease $ 444,853.10
Total FY22-23 Annual Contract Amount $ 1,714,929.10

Except as specifically amended by this Amendment No. 4, all terms and provisions of Agreement No. 7139 remain in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]
Item 1K - 9
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 4 as of the dates stated below.
“CITY”
City of Palm Springs

Date: _________________________ By: _____________________________ Justin Clifton, City Manager

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _____________________________ Jeffrey Ballinger, City Attorney Monique Lomeli, CMC, Interim City Clerk

“CONTRACTOR”
Conserve Landcare, Inc.

Date: __________________________ By:

Signature

Name and Title

Date: __________________________ By:

Signature

Name and Title

Check one: __Individual __Partnership __Corporation

Corporations require two notarized 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.

Item 1K - 10

Item 1K - 11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C IVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity ol the incflVidual who signed the document to which this cenificate is attached . and not the truthfulness. accuracy. or valicfrtY of that document '
State of California
County of ___________ _
On __________ before me, _____________________ ~
O.te Here Insert Name and Title of the Officer
per--...ona lfl; appeared _____________________________ _ Name(s) of Signer(s)
w ho proved to me on the basis of satisfactory evidence to be the person(s} whose name(s} is/are suoscr1oea to tne w1m 1n Instrument ana ~cKnow1eogeo to me tnat netsne1tney executeo me same 1n his/her/their authorized capac ity(ies), and tt"at by his/her/their signature(s) on the instrument the person (s), or the ent ty upon behalf of which the person(s) acted, executed the instrument.

Place Notary Sea/ Above
I certify under PENAL 1Y OF PERJURY under the laws
of the State o f California :hat the foregoi ng paragraph is true and correct .

WITNESS my hand and off icial seal.

Signature _______________ _
Signa.tvre of Notary Public
-------------- opnONAL--------------
Thoug/, this section is optional , completing this information can cleter alteration of the document or fraudulent reattachmen t of this form to an unintended document.

Descriptim of Attach ed Document
Trtle or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above : ___________ _ Capacityl ies) Claimed by Signer(s)
Sig ner•-:: N:ime : ____________ _ Signer'-:: No.me: ____________ _  Corporate Officer - Trtle(s): ______ _  Corpo rate Officer - Title(s): ______ _ D Partner - D Limited D General D Partner - D Limited D General  lnd ividLal  Attorney in Fact  Individual  Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator Other: ~------------Signer Is Representing : _________ _ D Other: ~--~----------Signer Is Representing: _________ _ @2014 National Notary Assoc iation • www.NationaJNobry.org • 1-000-US NOTARY {1 ·800-876-6827) Item #5907

EXHIBIT A

SCOPE OF SERVICES
Item 1K - 12
PARK UNIT PRICE3 ANNUAL FY21-22
Baristo Park 614.28$ 7,371.36$
Demuth Park 23,219.68$ 278,636.16$
Desert Highland Park 4,299.94$ 51,599.28$
Dog Park 982.84$ 11,794.08$
Downtown Park 3,240.00$ 38,880.00$
Frances Stevens Park 1,351.41$ 16,216.92$
Gene Autry Trail
Gateway Park 797.13$ 9,565.56$
Ruth Hardy Park 7,617.04$ 91,404.48$
Sunrise Park 14,374.09$ 172,489.08$
Victoria Park 3,009.96$ 36,119.52$
Wellness Park 1,965.69$ 23,588.28$
Trail Heads (5) 429.99$ 5,159.88$
Total Cost Bid Schedule 61,902.05$ 742,824.60$

BID SCHEDULE A - LANDSCAPE & GROUNDS

MAINTENANCE SERVICES
Item 1K - 13

May 11, 2022

City of Palm Springs
c/o Staci Schafer, Director of Maintenance and Facilities 3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Dear Staci,

We are pleased to provide additional pricing for the landscape maintenance for the Palm Springs Downtown Park.

Maintenance of the Landscape at the Palm Springs Downtown Park per the current landscape contract specifications outlined in Contract Service Agreement #7139:

- Landscape maintenance for the Palm Springs Downtown Park:
o $3,240.00 / Mo. or $38,880.00 Annually

Includes all current specifications including all mowing, plant maintenance, 7-day per week trash can service and all other items noted in the current specifications.

Please do not hesitate to contact us with any questions.

Sincerely,

Randy Mitchell
Tel: (760) 250-7246

Item 1K - 14
ci nserve
LandCare
7226 5 Man ufac turing Road
Thousand Palms. CA 92276
Phone 760-343 -1433
Fax 760-343-0433
Conservel andCare.com
LOCATION NAME LUMP SUM BID (PER MONTH) ANNUAL FY20-21 6.74% ANNUAL FY21-22 LOCATION #1 BIRDIE WAY PARKWAY 230.00 2,760.00 245.50 2,946.02 LOCATION #2 Canyon Sands Drive / E. Palm Canyon Drive
Parkway 120.00 1,440.00 128.09 1,537.06 LOCATION #3 Cathedral Canyon Country Club / Jenkins Trail Bike Path 1,640.00 19,680.00 1,750.54 21,006.43 LOCATION #4 Cherry Hills Drive Parkway & Gene Autry Trail Bridge Parkway 240.00 2,880.00 256.18 3,074.11 LOCATION #5 Chino Drive Medians 240.00 2,880.00 256.18 3,074.11 LOCATION #6 Sunrise Way Parkway (Desert Dorado) 460.00 5,520.00 491.00 5,892.05 LOCATION #7 Vista Chino Medians 160.00 1,920.00 170.78 2,049.41 LOCATION #8 Gene Autry Trail Medians & Parkways 2,180.00 26,160.00 2,326.93 27,923.18 LOCATION #9 Ramon Road Medians 260.00 3,120.00 277.52 3,330.29 LOCATION #10 Golf Club Drive Medians 240.00 2,880.00 256.18 3,074.11 LOCATION #11 Downtown Development Project 1,600.00 19,200.00 1,707.84 20,494.08 LOCATION #12 Old Las Palmas Neighborhood Median Islands (7) 620.00 7,440.00 661.79 7,941.46 LOCATION #13 N. Indian Canyon Drive Median Islands & Entry Signs 360.00 4,320.00 384.26 4,611.17 LOCATION #14 S. Indian Trail Median Islands 220.00 2,640.00 234.83 2,817.94 LOCATION #15 La Verne Way 150.00 1,800.00 160.11 1,921.32 LOCATION #16 Dinah Shore Drive Medians (3) (Gene Autry
Trail to Bridge) & Entry Sign 1,660.00 19,920.00 1,771.88 21,262.61 LOCATION #17 S. Palm Canyon Drive Medians (2) at Sunny
Dunes Road 160.00 1,920.00 170.78 2,049.41 LOCATION #18 Ramon Road at Sunrise Way Median Islands 520.00 6,240.00 555.05 6,660.58 LOCATION #19 Ramon Road at Compadre Road Parkway
Islands 180.00 2,160.00 192.13 2,305.58 LOCATION #20 El Cielo Road Parkway (Rancho Parkway 2) 400.00 4,800.00 426.96 5,123.52 LOCATION #21 N. Riverside Dr. and S. Riverside Dr. Parkways 1,200.00 14,400.00 1,280.88 15,370.56 LOCATION #22 E. Palm Canyon Drive Parkway Island 350.00 4,200.00 373.59 4,483.08 LOCATION #23 Sunrise Way @ Tahquitz Canyon Way Median 350.00 4,200.00 373.59 4,483.08 LOCATION #24 Sunrise Way @ San Rafael Drive Medians 460.00 5,520.00 491.00 5,892.05 LOCATION #25 Sunrise Way @ Racquet Club Drive Median 140.00 1,680.00 149.44 1,793.23 LOCATION #26 Tahquitz Canyon Way @ Medians 1,450.00 17,400.00 1,547.73 18,572.76 LOCATION #27 Warm Sands Drive / Warm Sands Place
Medians 160.00 1,920.00 170.78 2,049.41 LOCATION #28 Old Las Palmas Neighborhood Median Islands (7) 520.00 6,240.00 555.05 6,660.58 LOCATION #29 Sunny Dunes to Mesquite (Cody Place
Medians) 340.00 4,080.00 362.92 4,354.99 LOCATION #30 Mountain View - - 1,280.00 15,360.00 LOCATION #31 Coyote Run 1,320.00 15,840.00 TOTAL BID SCHEDULE B 16,610.00 199,320.00 20,329.51 243,954.17

BID SCHEDULE D - MEDIANS AND PARKWAYS
Item 1K - 15
Location: 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 No.1  Birdie Way Parkway D A D D A D I G/J F F K
No.2  Canyon Sands Dr/EPC Dr Parkway D D D A D D B3 A J D I G/J F J J F K No.3  Cathedral Cyn Country Club/Jenkins Trail Bike Path A A F K No.4  Cherry Hills Dr Parkway & Gene Autry Tr Bridge Parkway D A D D A D I G/J F F K No.5  Chino Drive Medians D A D D A D I G/J F F K
No.6  Sunrise Way Parkway D D D A D D B3 A J D I G/J F J J F K No.7  Vista Chino Medians D A D A D I G/J F F K
No.8  Gene Autry Trail Medians & Parkways D A D A D I G/J F F K No.9  Ramon Road Medians D A D D A D I G/J F F K
No.10  Golf Club Drive Medians D A D A D I G/J F F K
No.11  Belardo Road (E. Parkway) & 4 City Parking Lots ** D A D D A D I G/J F K No.12  Old Las Palmas Neighborhood Median Islands (7) D A D D A D I G/J F F K No.13  N. Indian Canyon Dr Medians Islands & Entry Signs D A D D A D I G/J F F K No.14  S. Indian Trail Median Islands D A D D A D I G/J F F K No.15  La Verne Way D A D D A D I G/J F F K
No.16  Dinah Shore Dr Medians (3) (GAT to Bridge) & Entry Sign D A D A D I G/J F F K No.17  SPC Medians (2) at Sunny Dunes Road D A D D A D I G/J F F K No.18  Ramon Road at Sunrise Way Median Islands D D D A D D B3 A J D I G/J F J J F K No.19  Ramon Road at Compadre Road Parkway Islands D D D A A J D I G/J F J J F K No.20  El Cielo Road Parkway DA D B 3 A D I F F K
No.21  N. Riverside Dr & S. Riverside Dr Parkways D A A A D B3 A J D I G/J F F K No.22  EPC Drive Parkway Island D D D A A J D I G/J F J J F K No.23  Sunrise Way at Tahquitz Canyon Way Median D A D D A D I G/J F J J F K No.24  Sunrise Way at San Rafael Drive Median D A D D A D I G/J F F K No.25  Sunrise Way at Racquet Club Drive Medians D A D D A D I G/J F F K No.26  Tahquitz Canyon Way Medians D A D D A D I G/J F F K No.27  Warm Sands Drive/Warm Sands Place Medians D A D D A D I G/J F F K No.28  Old Las Palmas New Medians (5) D D A D I G/J F F K No 29 Sunny Dunes to Mesquite (Cody Place medians)  D D D D D A D I G/J F F K No. 30 Mountain View D A D D D I G/J F F K
No. 31  Coyote Run (NOT CURRENTLY ACTIVE) D A D D A D I G/J F J F K D D Total
***No. 28 (set aside)
1  Mowing D1 6 Cultivation (Planters /Sand Areas) F A Completed  daily before 10.00 am 2  Mechanical Edging D 17 Renovation/Vertical  Mowing J B Completed  daily before close of day *B3‐  Every  3 days/As needed 3  Chemical Edging, Weed Control D 18 Turf Reseeding J C Completed  daily before close of business (M‐F) 4  Litter Control A 19 Disease  /Pest Control F D Completed  weekly before close of business on Fri 5  Trash Containers A 20 Plant Materials K E Completed  bi‐weekly or 2x a month 6   Pet Waste Station F
Completed monthly or 12 times a year
7  Raking D 22 Picnic  Areas & Pavilions Insp. G Completed  bi‐monthly or six times a year 8  Pruning, Hedge Trimming D 23 Playground  Equip. Inspection H Completed  quarterly  or four times a year 9  Clearing Walkways B3 24 Recreational Court Sweeping I Completed  bi‐annually or two times a year 10  Graffiti Eradication  25 Recreational Court Washing J Completed  annually *J2  ‐ Every 2 years 11  Aerification J2 6 K 6  Months (as needed)
12 Watering and Irrigation Maintenance D
13  Irrigation System Testing I
14  Fertilization F‐Turf/J‐Shrubs G/J
15  Tree Trimming & Pruning
FREQUENCY SCHEDULE ‐ PARKWAYS & MEDIANS
Specialty Tasks (when required
Item 1K - 16
Proposal #83677
Date: 5/6/2022
Customer: Service Address:

Staci Schafer
City of Palm Springs
3200 E. Tahquitz Canyon Wy.

Palm Springs, CA 92262
City of Palm Springs - Extra Work
to the Contract
3200 E. Tahquitz Canyon Wy
Palm Springs, CA 92262
Turf Conversion Along East Palm Canyon Between Farrell and Cerritos Parkway Turf Conversions Along East Palm Canyon Between Farrell & Cerritos Perform the following enhancement and irrigation retrofit work to (4) grass parkway islands along East Palm Canyon between Farrell and Cerritos:
· spray, kill and remove approximately 40,655 sq. ft. of the existing grass in the (4) parkways
· cap all existing irrigation sprinkler heads below ground · disconnect irrigation lateral lines from existing valves · provide and install (172) ea. 5g Agave varieties (weberi, americana, and truncata), (250) ea. 5g Desertscape plantings varieties (bougainvillea, hesperaloe parviflora, caesalpinia pulcherrima), and (26) 15g Chamerops humilis palms
· provide and install (240) tons of stabilized Desert gold DG · provide and install (296) tons of 8" minus Arizona river cobble in a dry river bed look in between the existing palms
· connect a new drip irrigation system throughout, which would include adding (2) ea.

Sch80 risers with (2) ea. Rain Bird 0.50 gpm pressure compensating bubblers per tree, and polyflex risers with emitters per plant
Includes all labor, equipment, material, dump fees, and traffic control required to perform the above-described work.
*Qualifies for DWA Turf Rebate of $3 per sq. ft. Would receive approximately $121,965 back in rebates.
**If paid in full within Net 30 days, we will apply a 5% discount to this project** Services Billed - Fixed Price on Completion
Description of Services Total Cost
Conserve LandCare, LLC
72265 Manufacturing Rd • Thousand Palms, CA 92276

Item 1K - 17
c nserve
LandCare
Enhancement/Project $187,860.00
Subtotal $187,860.00
Tax $0.00
Total $187,860.00
By By
Brent Sprague
May 6, 2022Date Date
Conserve LandCare, LLC City of Palm Springs
Conserve LandCare, LLC
72265 Manufacturing Rd • Thousand Palms, CA 92276

Item 1K - 18
Proposal #83684
Date: 5/6/2022
Customer: Service Address:

Staci Schafer
City of Palm Springs
3200 E. Tahquitz Canyon Wy.

Palm Springs, CA 92262
City of Palm Springs - Extra Work
to the Contract
3200 E. Tahquitz Canyon Wy
Palm Springs, CA 92262
Turf Conversion Along Ramon and Sunrise Way
Parkway Turf Conversions Along Sunrise Parkway & Ramon Road Perform the following enhancement and irrigation retrofit work to (3) grass parkway islands along Ramon Road and Sunrise Parkway:
· spray, kill and remove approximately 16,640 sq. ft. of the existing grass in the (3) parkways
· cap all existing irrigation sprinkler heads below ground · disconnect irrigation lateral lines from existing valves · provide and install (84) ea. 5g Agave varieties (weberi, americana, and truncata) and (103) ea. 5g Desertscape plantings varieties (bougainvillea, hesperaloe parviflora, caesalpinia pulcherrima)
· provide and install (96) tons of stabilized Desert gold DG · provide and install (108) tons of 8" minus Arizona river cobble in a dry river bed look in between the existing palms
· connect a new drip irrigation system throughout, which would include adding (2) ea.

Sch80 risers with (2) ea. Rain Bird 0.50 gpm pressure compensating bubblers per tree, and polyflex risers with emitters per plant
Includes all labor, equipment, material, and any traffic control required to perform the above- described work.
*Qualifies for DWA Turf Rebate of $3 per sq. ft. Would receive approximately $49,920 back in rebates.
**If paid in full within Net 30 days, we will apply a 5% discount to this project** Services Billed - Fixed Price on Completion
Description of Services Total Cost
Conserve LandCare, LLC
72265 Manufacturing Rd • Thousand Palms, CA 92276

Item 1K - 19
c nserve
LandCare
Enhancement/Project $87,460.00
Subtotal $87,460.00
Tax $0.00
Total $87,460.00
By By
Brent Sprague
May 6, 2022Date Date
Conserve LandCare, LLC City of Palm Springs
Conserve LandCare, LLC
72265 Manufacturing Rd • Thousand Palms, CA 92276

Item 1K - 20
Proposal #83689
Date: 5/6/2022
Customer: Service Address:

Staci Schafer
City of Palm Springs
3200 E. Tahquitz Canyon Wy.

Palm Springs, CA 92262
City of Palm Springs - Extra Work
to the Contract
3200 E. Tahquitz Canyon Wy
Palm Springs, CA 92262
Turf Conversion along East Palm Canyon Between Canyon Sands Dr and Linden Way Parkway Turf Conversions Along East Palm Canyon between Canyon Sands Dr and Linden Way
Perform the following enhancement and irrigation retrofit work to (1) grass parkway island along East Palm Canyon between Canyon Sands Dr and Linden Way:
· spray, kill and remove approximately 10,900 sq. ft. of the existing grass in the parkway · cap all existing irrigation sprinkler heads below ground · disconnect irrigation lateral lines from existing valves · provide and install (42) ea. 5g Agave varieties (weberi, americana, and truncata). (76) ea. 5g Desertscape plantings varieties (bougainvillea, hesperaloe parviflora, caesalpinia pulcherrima), and (6) 15g Camerops humilis palms
· provide and install (72) tons of stabilized Desert gold DG · provide and install (72) tons of 8" minus Arizona river cobble in a dry river bed look in between the existing palms
· connect a new drip irrigation system throughout, which would include adding (2) ea.

Sch80 risers with (2) ea. Rain Bird 0.50 gpm pressure compensating bubblers per tree, and polyflex risers with emitters per plant
Includes all labor, equipment, material, and any traffic control required to perform the above- described work.
*Qualifies for DWA Turf Rebate of $3 per sq. ft. Would receive approximately $32,700 back in rebates.
**If paid in full within Net 30 days, we will apply a 5% discount to this project** Services Billed - Fixed Price on Completion
Description of Services Total Cost
Conserve LandCare, LLC
72265 Manufacturing Rd • Thousand Palms, CA 92276

Item 1K - 21
c nserve
LandCare
Enhancement/Project $52,760.00
Subtotal $52,760.00
Tax $0.00
Total $52,760.00
By By
Brent Sprague
May 6, 2022Date Date
Conserve LandCare, LLC City of Palm Springs
Conserve LandCare, LLC
72265 Manufacturing Rd • Thousand Palms, CA 92276

Item 1K - 22
Proposal #83691
Date: 5/6/2022
Customer: Service Address:

Staci Schafer
City of Palm Springs
3200 E. Tahquitz Canyon Wy.

Palm Springs, CA 92262
City of Palm Springs - Extra Work
to the Contract
3200 E. Tahquitz Canyon Wy
Palm Springs, CA 92262
Turf Conversion along Ramon in front of St. Theresa Catholic Church and Premier Care Center Parkway Turf Conversions Along Ramon Rd. between Farrell and Premier Care Center Perform the following enhancement and irrigation retrofit work to (3) grass parkway islands along Ramon Rd in front of St. Theresa Catholic Church and Premier Care Center:
· spray, kill and remove approximately 9,730 sq. ft. of the existing grass in the (3) parkways
· cap all existing irrigation sprinkler heads below ground · disconnect irrigation lateral lines from existing valves · provide and install (40) ea. 5g Agave varieties (weberi, americana, and truncata). (57) ea. 5g Desertscape plantings varieties (bougainvillea, hesperaloe parviflora, caesalpinia pulcherrima), and (15) 15g Camerops humilis palms
· provide and install (72) tons of stabilized Desert gold DG · provide and install (72) tons of 8" minus Arizona river cobble in a dry river bed look in between the existing palms
· connect a new drip irrigation system throughout, which would include the addition of polyflex risers and emitters
Includes all labor, equipment, material, and any traffic control required to perform the above- described work.
*Qualifies for DWA Turf Rebate of $2 per sq. ft. Would receive approximately $29,190 back in rebates.
**If paid in full within Net 30 days, we will apply a 5% discount to this project** Services Billed - Fixed Price on Completion
Description of Services Total Cost
Enhancement/Project $54,970.00
Conserve LandCare, LLC
72265 Manufacturing Rd • Thousand Palms, CA 92276

Item 1K - 23
c nserve
LandCare
Subtotal $54,970.00
Tax $0.00
Total $54,970.00
By By
Brent Sprague
May 6, 2022Date Date
Conserve LandCare, LLC City of Palm Springs
Conserve LandCare, LLC
72265 Manufacturing Rd • Thousand Palms, CA 92276

Item 1K - 24
ATTACHMENT 2
Item 1K - 25
Item 1K - 26

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Conserve Landcare, LLC

2. Address of Entity (Principle Place of Business)
72265 Manufacturing Rd., Thousand Palms, CA 92276

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

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

5. Type of Entity
D Corporation [8] Limited Liability Company D Partnership D Trust D other (please specify)

6. Officers, Directors , Members , Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers , directors, members, managers and other fiduciaries for the member, manager, trust or other entity Randy Mitchell
Kevin Rocker
Richard Sperber
(Revised 05/16/19)
[8] Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
[8] Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
[8] Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 1K - 27

7. Owners/Inves tors with a 5% beneficial interest in the Aoolican t Entity or a related entity

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

Sperber Landscape Compan ies, LLC 100% Conserve Land Care, LLC [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 enti ty]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entityl

I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
3, 2020

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

CITY COUNCIL STAFF REPORT
06/16/2022   1. L.

City Clerk -

SUBJECT
APPROVAL OF AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 6973 WITH R & R JANITORIAL, AN INDIVIDUAL COMPANY, FOR

JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES
RECOMMENDATION:

Approve Amendment No. 3 to Contract Services Agreement No. 6973 with R&R Janitorial to extend the contract term an additional six (6) months, continuing through December 31, 2022, for an additional amount not to exceed $299,805.48.

1. Authorize the City Manager to approve and execute Contract Change Orders up to an additional cumulative amount of $10,000 during the term of the agreement for additional/ optional janitorial services in accordance with the fixed pricing identified in Schedule II – Options Pricing Sheet.

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

Attachments
Item 1L

CITY COUNCIL STAFF REPORT

DATE: JUNE 16, 2022 CONSENT CALENDAR

SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 6973 WITH R & R JANITORIAL, AN INDIVIDUAL

COMPANY, FOR JANITORIAL SERVICES FOR VARIOUS CITY

FACILITIES

FROM: Justin Clifton, City Manager

BY: Department of Maintenance and Facilities

SUMMARY:

This item will amend the current Agreement (A6973) with R & R Janitorial by extending the term an additional six (6) months, through December 31, 2022.

RECOMMENDATION:

1. Approve Amendment No. 3 to Contract Services Agreement No. 6973 with R & R Janitorial to extend the contract term an additional six (6) months, continuing through December 31, 2022, for an additional amount not to exceed $299,805.48.

2. Authorize the City Manager to approve and execute Contract Change Orders up to an additional cumulative amount of $10,000 during the term of the agreement for additional/ optional janitorial services in accordance with the fixed pricing identified in Schedule II – Options Pricing Sheet.

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

BUSINESS PRINCIPAL DISCLOSURE:

A search of records available through the Secretary of State of California shows a Statement of Information filed on August 31, 2017, that identifies Refugio Valt ierra and Reyna Valtierra as the sole owners . A business disclosure form is included as Attachment 1.

BACKGROUND:

On May 3, 2017, Council awarded a multi-year Contract Services Agreement in the amount of $373,520.88 to the lowest responsive bidder, R & R Janitorial, an individual Item 1L - 1
City Council Staff Report
June 16, 2022 -- Page 2
Amendment No. 3 – R & R Janitorial
company. The initial three-year contract for Janitorial Services has two one-year renewal options that have been exercised. The table below identifies the original facilities included in the Request for Proposals.

Various City Facilities
City Hall City Yard
Fleet Operations Police Headquarters
(Original) Downtown Police Substation Downtown Parking Structure Main Library Fire Dept. Administration Headquarters
Pavilion Leisure Center
Swim Center Demuth Community Center
Desert Highland Unity Center Rudy’s General Store
Welwood Murray Memorial Library Palm Springs Animal Shelter Village Fest Restroom Trailer Palm Springs Train Station Park Restrooms
Sunrise Park Demuth Concessions
Ruth Hardy Park Victoria Park
Demuth Park Restrooms Various other locations
On April 4, 2018, City Council approved Amendment No. 1 to expand janitorial services to include the facility for the Department of Special Programs Compliance as well as additional services for Fire Stations 1, 2, 3, 5, and the Fire Training Center, for a total annual increase of $35,491.40 and a total annual contract amount not to exceed $409,012.28.

On May 11, 2020, the City and Contractor extended Contract Services Agreement No. 6973 one additional year from July 1, 2020 , through June 30, 2021. In accordance with Section 3.4 of the Agreement, the CPI adjustment effective July 1, 2020 , was 0.7%, or $2,863.09, for a total annual contract amount not to exceed $411,875.37.

City and Contractor entered the second of two (2) one -year optional renewals effective July 1, 2021 through June 30, 2022, subject to a CPI adjustment of 5.9%, or $24,300.65, for a total annual contract amount not to exceed $436,176.01.

On January 27, 2022, Council approved Amendment No. 2 to cease janitorial services at the former Police Department Substation Downtown (located at 105 S. Indian Canyon Drive) and add janitorial services at the Plaza Theater, new Downtown Park Restrooms, new Police Department Substation, and Downtown refuse removal, for an additional $104,821.44, not to exceed $540,997.45 annually.

STAFF ANALYSIS:

Procurement Staff worked closely with the Maintenance and Facilities Department to issue a request for proposals which was released on March 22, 2022, with the proposal due date of April 21 , 2022. Due to additional clarifications and scope of work revisions , Item 1L - 2
City Council Staff Report
June 16, 2022 -- Page 3
Amendment No. 3 – R & R Janitorial
the due date was pushed back by one week to April 26 in Addendum #1. Six proposals were received and evaluated. During this evaluation process, Staff made discoveries that some facility areas were not included in the original solicitation and needed to be covered.

Staff made the decision to decline all proposals in order to re -compete this solic itation once a revised scope of work has been established.

This Amendment No. 3, Attachment 2, proposes to extend the contract term through December 31, 2022, allowing sufficient time for Staff to re -solicit these services and present a new contract to City Council for award. In addition to the time extension , this amendment provides for a CPI inc rease of 10%, for a total of $299,805.4 8, and an additional cumulative amount of $10,000 for additional/ optional janitorial services in accordance with the fixed pricing identified in Schedule II – Options Pricing Sheet, for an amount not to exceed $309,805.48.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exemp t from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared categorically exempt from the requirement for the preparati on o f environmental documents. In accordance with Section 15301 “Existing Facilities,” Class 1 (h) projects consist of the maintenance of existing facilities; therefore, amending the janitorial services contract to extend the term is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 3A, Community Infrastructure – Improve City Facilities.

FISCAL IMPACT:

Sufficient funds are available in the current fiscal year budget (A ccounts 5206570- 40105,1006540-40105, 1004530-40105, 1006535-40105, and 1004500-40105).

REVIEWED BY:

Procurement Manager: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton
ATTACHMENTS:

1. Business Disclosure

2. Amendment No. 3
Item 1L - 3
ATTACHMENT 1
Item 1L - 4
Item 1L - 5
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
I 1.

Name
of
Entity

2. Address
of
Entity
(Principle
Place
of
Business)
·g249
I GAYZDsl\J
A\/
£
\ft>
0 C
vt-
2;

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

4. State
where
Entity
is
Registered
with
Secretary
of
State
(J~~
ft(4)
\ A

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

6. Officers,
Directors,
Members,
Managers,
Trustees,
Other
Fiduciaries
(please
specify)
Note:

If
any
response
is
not
a
natural
person,
please
identify
all
officers,
directors,
members,
managers
and
other
fiduciaries
for
the
member,
manager,
trust
or
other
entity
~ ...... -..,.___..._
N ..... \'i ____
\l_Al; __ J ___ }-E\< __
fil ______
D
Officer
D
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D
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D
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[name]
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D
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____________
_
-~~~-
6-lo __
~_l_~_T_\_~--ru~---
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lname)
~
eneral
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D
Limited
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Other
____________
_
_________________
D
Officer
D
Director
O
Member
O
Manager
(Revised
05/16/19)
[name]
D
General
Partner
O
Limited
Partner
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Other
___________
_
CITY
OF
PALM

SPRINGS
-
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Page
1 of
2 Item 1L - 6

7. Owners/Investors
with
a
5%
beneficial
interest
in
the
Aoolicant
Entitv
or
a
related
entitv

EXAMPLE JANEDOE
50%,
ABC

COMPANY,
Inc.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
A. ~~
\Jfi
Q1
e
[name
of
ownerfrweitor]
fi:t:J
o
~
:TI
~\j[f\a\..
~
Ur£
[percentage
of
b;;;;(ciat
interest
in
entity
and
name
of
entity]
B.
~
f:J
\O
~~\a
~
DD:l~
~f-
~r\telf}L~l(
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
C.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity)
D.
[name
of
owner/investor]
[percentage
of
beneficial
Interest
in
entity
and
name
of
entity]
E.
[name
of
owner/Investor]
[percentage
of
beneficial
Interest
in
entity
and
name
of
entity]

I DECLARE
UNDER

PENALTY
OF

PERJURY
UNDER
THE
LAWS
OF
THE
STATE
OF

CALIFORNIA
THAT
THE

FOREGOING
IS
TRUE
AND
CORRECT.

Date
I \
~
\
\\
?r)oo

PENALTIES
Falsification
of
information
or
failure
to
report
information
required
to
be
reportec:t
may
subject
you
to
administrative action
by
the
City.
(Revised 05/16/19)
CITY
OF
PALM

SPRINGS-
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Page
2 of
2 s--

ATTACHMENT 2
Item 1L - 7

AMENDMENT #3 TO CONTRACT SERVICES AGREEMENT NO. A6973

WITH R&R JANITORIAL SERVICES

FOR JANITORIAL SERVICES

This Amendment No. 3 to the Contract Services Agreement (A6973), (“Amendment No. 3”), is made and entered into this _____ day of _____________, 20 22, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the Ci ty, and R&R Janitorial, a sole proprietor, hereinafter designated as the Contractor.

RECITALS

A. City has determined that there is a need for Janitorial Services at various City owned facilities (hereinafter “Janitorial Service”), and on May 03, 2017, the C ity Council approved a Contract Services Agreement (A6973) with Contractor to provide Janitorial Services.

B. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Amendment.

C. On June 20, 2018, City and Contractor entered into Amendment No. 1 to provide janitorial services of the City of Palm Springs Vacation Rentals Office, and additional janitorial services for Fire Stations No. 1, 2, 3, 5, and Fire Training Center, for an annual amount not to exceed $35,491.40.

D. On January 27, 2022, City and Contractor entered into Amendment No. 2 to cease services to Police Downtown Station (located at 105 S. Indian Canyon Drive) and to provide the additional services to Plaza Theater, Downtown Park Restrooms, Downtown PD Substation, and Downtown Trash Removal, for a total of $104,821.44, not to exceed $540,997.45 annually.

E. City and Contractor wish to enter into this Amendment No. 3 to extend the term of the Agreement an additional six (6) months continuing through December 31, 2022 , for $299,805.48, and an additional cumulative amount of $10,000 , for additional / optional janitorial services in accordance with the fixed pricing identifi ed in Schedule II – Options Pricing Sheet, for an amount not to exceed $309,805.48.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

Item 1L - 8

AGREEMENT

SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Third Amendment.

SECTION 2. 2.1 Maximum Contract Amount. Is hereby replaced in entirety as follows:

For the Services rendered under this Agreement, Contract shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “D” and incorporated in this Agreement by reference . Compensation shall not exceed the maximum contract amount of Two Hundred Ninety -Nine Th ousand Eight Hundr ed Five Dollars and Forty-Eight Cent s ($299,805.48) for optional year six (6) of the term , except as may be provided under Section 1.8. At the City’s sole discretion, the Maximum Contract Amount may be increased by an amount not to exceed Ten Thousand Dollars ($10,000) for those certain optional tasks identified in Schedule II – Options Pricing Sheet, of Exhibit “D”, for an amount not to exceed Three Hundred Nine Thousand Eight Hundred Five Dollars and Forty -Eight Center ($309,805.48). The method of compensation shall be set forth in Exhibit “D”.

Pursuant to Section 3.4 of this Agreement, should the City elect to exercise the option to extend this Agreement for an additional one (1) year period , the contract prices identified on the Base Schedule of Pricing Sheet and Schedule II – Options Pricing Sheet may be adjusted annually effective July 1, subject to the percentage change in the United States Bureau of Labor Statistics Consumer Price Index “All Urban Consumers for Riverside, San Bernardino, and Ontario, CA (CPI) for the most recent twelve months for which statistics are available.

The Maximum Contract Amount as referenced herein shall be adjusted by the corresponding CPI adjustment for each year an optional extension of the Agreement is thereby exercised.

Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Compensation Section 4.2 and will only be approv ed if such expens es are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City.

Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or time -consuming than Contractor anticipates, that Contractor shall not be entitled to additional compensation, and that the provisions of Section

1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of City’s payment obligation under this section is the amount specified in this Agreement. If the City’s maximum payment obligation is reached before the Contractor’s Services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.

SECTION 3. 3.4 Term. Is hereby revised to include:

(3) Option 3 (Year 6 of Agreement), if exercised, shall be effective July 1, 2022, through December 31, 2022.

Item 1L - 9

SECTION 3. “Exhibit D Schedule of Compensation” is hereby replaced in its entirety by Attachment No. 1, “Revised Exhibit D Schedule of Compensation”.

SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement 6973, unless specifically modified herein, shall continue in full force and effect. In the event of an y conflict or inconsistency between the provisions of this Amendment No. 3 and any provisions of the Contract Services Agreement 6973, the provisions of this Amendment No. 3 shall in all respects govern and control.

SECTION 5. The persons executing this Amendment No. 3 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment No. 3, and (iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement to which said Party is bound.

Except as specifically amended by this Amendment # 3, all terms and provisions of Agreement No. 6973 remain in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

Item 1L - 10

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 3 as of the dates stated below.
“CITY”
City of Palm Springs

Date: _________________________ By: _____________________________ Justin Clifton, City Manager

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _____________________________ Jeff Ballinger, City Attorney Monique Lomeli, CMC, Interim City Clerk

“CONTRACTOR”
R&R Janitorial Services.

Date: __________________________ By:

Refugio Valtierra, President

Date: __________________________ By:

Check one: __Individual __Partnership __Corporation

Corporations require two notarized 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.

Item 1L - 11

EXHIBIT

Item 1L - 12

Item 1L - 13
Exhibit ·o"
Revised Schedule of Compensat ion

SCHEDULE I - BASE SCHEDULE PRICING SHEET
AMENDMENT NO. 3
LOCATION COST UNIT QIJNITTTY \MITS MONTHLY JUL Y-OECEMBER 2022 City Hall 0.10 SF 36.536 SF 3,653.60 2 1,921.60
City Yard 0.20 SF 5.400 SF 1,090.00 6,480.00
Fleet Operations 0.53 SF 1.810 SF ~ .30 5,755.SO
Police Dep3rtment 0.1 1 SF 42.425 SF 4,666.75 28,000..'0 Police ~ Station 0.26 SF 1.811 SF 470.86 2,825.16
M,n U>r.,y 0.09 SF 32,..'00 SF 2,925.00 17,550.00
Fire Sbtion#2 {admin off.) 0.15 SF 4,160 SF 624.00 3,744.00 ·-

0.12 SF 18,736 SF 2.248.32 13,489.92
Leisu-e Center 0.18 SF 8,!-01 SF 1,530. 18 9. 181.08

9.-im Center 1.15 SF 1.320 SF 1,518.00 9. 108.00
o.n.,,t, Corrnu,ityC..... 0.14 SF 12.600 SF 1,764.00 10,584.00 Desert H'gll.n:l Center 0.15 SF 102 15 SF 1,532.25 9. 193...."0 TOO Station 5.28 SF 120 SF 633.60 3,80t.60
OcwT!Olll Parking Structure 0.14 SF 11,111 SF 1,555.54 9,33324 Ruclys SIO<e 0.15 SF m SF 135.00 810.00
Wel\\OOCI MLrray Libra,y 0.23 SF 5.058 SF 1,163.34 6,98M4 At,im,ISheltw 0.36 SF 4,@4 SF 1,765.44 10,592.64
\/aage Fest Restroom Tr.lier 0.74 SF 160 SF 118.40 710.40 Vtctoria Park Restroons 1s.n DAY 30 DAYS 563. 10 3.31aeo Su'lrise P.n Restrooms 1s.n DAY 30 DAYS 563. 10 3.37a eo Nor1h \Vest Side ReS1roorn 16.42 DAY 30 DAYS 4Z!.60 2,955.60 ---REs1100mS

21.12 DAY 30 DAYS 633.60 3,801.60
Denuh Part Restrooms 12J() DAY 30 DAYS 387.00 2,322.00
West Side Sall Field 7 &8 Resb'ooms 21.90 DAY 30 DAYS 657.00 3,942.00 AYSO REs1r00mS 21.90 DAY 30 DAYS 657.00 3,94200
East Side Reslrooms 18.00 DAY 30 DAYS 540.00 3,240.00
Sb> Block: F Ynily Restroom 22.29 DAY 30 DAYS 6e8.70 4,01220 Floater 2.857.56 MONTH MONTH 2,657.56 17.145.36
TOTAL 36,363.24 218,179.44
AMENDMENT NO. 3
LOCATION COST UNIT QIJNITTTY \MITS MONTHLY JULY-DECEMBER 2022 City Yard Vacation Rercals 1,114.40 MONTH I MONTH 1. 114.40 6,686.40 City Yard Vacation Rentals 706.20 YEAR YEAR 706.20
T rainilg Center 1.412.40 YEAR YEAR 1.412.40
Fire Station #1 3.c494.80 YEAR YEAR 3.<,94.SO
Fire Station #2 3,!-03.00 YEAR YEAR 3,503.00
Fire Station #3 3.425.90 YEAR YEAR 3,425£0
Fire Station #5 1,941.10 YEAR YEAR 1,941.10
TOTAL AMENDMENT NO. 1 1,114.40 21,169.80
239,34924
AMENDMENT NO. 3
LOCATION COST UNIT UNITS MONTHLY JUL Y-OECEMBER 2022
Ocw1tcwl Park Restrooms 60.50 DAY 30 MONTH 1,815.00 10,8'°.00 OcwT!Olll Park PO &bstal5on 160.42 DAY 12 MONTH 1,925.04 11,550.24 Ocw1tcwl T rash.lRecycling 343.75 DAY 16 MONTH 5,500.00 33,000.00 PlazaTh<oter 110.00 WEEK 4 WEEKS 440.00 2,640.00
Plazall..- 396.00 MONTH I MONTHS m .oo 2,376.00
TOTAL AMENDMENT NO. 2 10,076.04 60,456.24

Item 1L - 14
Schedule II - Options Pricing Sheet
OPTION A:. Cost to strip, scrub .n:l ~wax vin:,1. tile, 'MXld and tenazzo floors if needed eac:hadct:-'tional tine d.Jring the yeJt .

LOCATlON l'«lOO VINYL TILE. TERRAZZO
Ci~ H~I 825.00
Ci~ Yard _________________ 907.:-0
AeetOperationsBuJcfng ____________________ 522.:-0
PdiceDepartrnent ____________________ 990.00
M3'\l.brary ____________________ 385.00
Leisu,c..te< ____________________ 632.!0 5n..eo
p..-, ___________________ 1.on.!O 5n..eo DesertHigllanclCenter ________________ 880.00 Train Station ________________ 247.:-0 Dem.rthCorrm.rlity Cenr:er ________________ 715.00 Ocw1toMPJrking Structure/ 8ev310rs ________________ 467.:-0 Rudy's S10<e 440.00
est Restroom Trailer 2i5.00
OPTION 8: Cost to cle.r.'shlrrpoo car:pe?)j using a vao::un truck-mounted extractor each additiorol time di.ling the )E.Y.

LOCATlON
Ci~ H~I
Ci~ Yard
Fleet Operations 8u1cfng
Pdice Department
M3'\ l.brary
Leisu, c..te<
Pa.ificn
Desert H. land Center
OPTION C: Cost to ~ al Mndows and @s inside .n:! outside , l needed. each additiorol time di.ling the )E.Y.

LOCATlON
Ci~ H~I - Mlin SUlding
Ci~ H~I - Engneering
Ci~ Yard
Fleet Operations Buicfng
Pdice Depar1rnent
M.lnl..bray
Leisu, c..te<
·-
Fire Clep,3tment Adrnnstration Offices
Desert Higlland Center
Rudy's s,.,.

Wel'MXld Mi.l'raylibra,y
ArimalSheltw
Dem.rth Corrm.rl. Center
SCHEDULE II - OPTIONS PRICING SHEET A B. ANO C IU.OWANCE TOTAL.ANNUAL CONTRACT
1,3:20.00
467.:-0
165.00
1,210.00
1,3:20.00
467.:-0
467.:-0
495.00
825.00
495.00
440.00
302..'0
660.00
880.00
605.00
605.00
385.00
385.00
220.00
385.00
550.00
440.00
10,000.00
309.80S.A8

CITY COUNCIL STAFF REPORT
06/16/2022   1. M.

City Clerk -

SUBJECT

ACCEPTANCE OF THREE FEDERAL AVIATION ADMINISTRATION GRANTS IN THE TOTAL AMOUNT OF $879,402 FOR FUNDING OF AIRPORT PROJECTS RECOMMENDATION:

Approve acceptance of Federal Aviation Administration AIP Grant No. 3-06-0181-064-2022 for Taxiway Rehabilitation Design in the amount of $571,158.

1. Approve acceptance of Federal Aviation Administration AIP Grant No. 3-06-0181-065-2022 for Airfield Geometric Hot Spot Study in the amount of $181,320.

2. Approve acceptance of Federal Aviation Administration AIP Grant No. 3-06-0181-066-2022 for Wildlife Hazard Assessment in the amount of $126,924.

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

4. Attachments
Item 1M

CITY COUNCIL STAFF REPORT

DATE: JUNE 16, 2022 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF THREE FEDERAL AVIATION ADMINISTRATION GRANTS IN THE TOAL AMOUNT OF $879,402 FOR FUNDING OF

AIRPORT PROJECTS

FROM: Justin Clifton, City Manager

BY: Department of Aviation

SUMMARY:

This action will authorize the acceptance of three Federal Aviation Administration Airport Improvement Project (AIP) grants to provide funding for upcoming Airport projects.

RECOMMENDATION:

1. Approve acceptance of Federal Aviation Administration AIP Grant No. 3-06-0181- 064-2022 for Taxiway Rehabilitation Design in the amount of $571,158.

2. Approve acceptance of Federal Aviation Administration AIP Grant No. 3-06-0181- 065-2022 for Airfield Geometric Hot Spot Study in the amount of $181,320.

3. Approve acceptance of Federal Aviation Administration AIP Grant No. 3-06-0181- 066-2022 for Wildlife Hazard Assessment in the amount of $126,924.

4. Authorize the City Manager or his designee to e xecute all necessary grant documents.

BACKGROUND:

Palm Springs International Airport relies on the Federal Aviation Administration (FAA) Airport Improvement Program funding for aviation-specific qualifying capital improvement projects. To qualify for utilization of FAA grant funds, the Airport must demonstrate projects that have justifiable aviation needs and align with FAA project funding criteria for safety and/or capacity.

Item 1M - 1
City Council Staff Report
June 16, 2022 – Page 2
Acceptance of FAA Grants
STAFF ANALYSIS:

The Airport is requesting City Council ’s authorization to accept FAA grants for the following three projects:

Airport Taxiway W and Taxiway A1 Rehabilitation Project, Phase 1 Design – AIP Grant No. 3-06-0181-064-2022
The Pavement Condition Ind ex (PCI) Survey and Analysis report completed by Consultant WSP in March 2021 identified various major rehabilitation projects related to the Airport airfield pavement ( primarily taxiways) to be completed during the period of 2021-2030 (10 years).

The project under this grant consists of designing the rehabilitation of Taxiway W located on the west side of the airfield and Taxiway A1 on the south side of the airfield.

Design services will be provided by Consultant RS&H who have already conducted CEQA (California Environmental Quality Act) and NEPA (National Environmental Policy Act) preparations. The Airport received a Categorical Exclusion Approval from the FAA in December 2021.

It is anticipated that a construction bid package consisting of plans , drawings, and specifications would be completed during 2022, with actual rehabilitation of the pavement to be completed during the summer 2023.

The total cost of the design package amounts to $630,000. The FAA contribution under the AIP grant will be funded at 90.66% totaling $571,158 and the Airport will be responsible for the grantee’s share in the amount of $58,842.

Airfield Geometric Hot Spot Study – AIP Grant No. 3-06-0181-065-2022 The FAA has identified four hot spots at the Airport. According to FAA Runway Safety, a hot spot is defined as a location on an airport movement area with a history of potential risk of collision or runway incursion, and where heightened attention by pilots and drivers is necessary.

Consultant RS&H will complete a study using FAA guidance to analyze each of the four hot spots and identify all factors contributing to the identified risks. The analysis shall consist of a site visit , meetings with Airport management and Operations, the FAA, and Airport Traffic Control Tower staff. RS&H will analyze previous incidents and/or incursions and will conduct a field inspection to observe geometric challenges associated with each location.

Item 1M - 2
City Council Staff Report
June 16, 2022 – Page 3
Acceptance of FAA Grants

After submitting their Preliminary Findings Report, RS&H will develop potential solutions with the input of a stakeholder group consisting of Airport, FAA, and Air Traffic Control staff, and a representative from the pilot community. RS&H will provide a lternatives to mitigate each hot spot location. They will manage the project by assigning subcontractors, preparing and conducting periodic meetings and in-house quality control reviews, and will provide a final report by the end of August 2022.

The cost for this study amounts to $200,000. The FAA contribution under the AIP grant will be funded at 90.66% totaling $181,320 and the Airport will be responsible for the grantee’s share in the amount of $18,680.

Wildlife Hazard Assessment – AIP Grant No. 3-06-0181-066-2022

The FAA recommends that airports undertake a Wildlife Hazard Assessment (WHA) following guidance set forth in Advisory Circulars (AC) 150/5200-33 “Hazardous Wildlife Attractants” on or near airports, and 150/5200-38 “Protocol for the Conduct and Review of Wildlife Hazard Site Visits,” Wildlife Hazard Assessments and Wildlife Hazard Management Plans . The Palm Springs International Airport wishes to update the last assessment conducted in 1999.

This assessment must tak e place under the supervision of a Qualified Airport Wildlife Biologist, and Consultant RS&H selected subconsultant LSA Associates, Inc., an expert in this area , who will provide the necessary services to comply with the FAA’s requirements.

The study is expected to take sixteen months . It will cover the mapping of habitats, baseline research of existing databases and background information pertaining to known and potential wildlife hazards in the Airport vicinity , known or potential strikes, a wildlife survey, and the drafting of a new WHA, which will be submitted to RS&H, the Airport, and the FAA.

The cost for this Assessment amounts to $140,000. The FAA contribution under the AIP grant will be funded at 90.66% totaling $126,924 and the Airport will be responsible for the grantee’s share in the amount of $13,076.

All projects supported under this action are approved by the FAA and considered safety projects to facilitate the FAA’s National Plan of Integrated Airport Systems. The current PSP Airport Capital Improvement Program and the multi-year Airport budget that includes the grant funding were provided to the Airport Commission on March 15, 2022, prior to their March 16, 2022 meeting.

Airport Staff anticipates the FAA may transmit the three AIP grants to the City during the month of June and request the City to sign the agreements and return them prior to June 30, 2022. Therefore, this action would authorize the City Manager to sign the three grant agreements for the amounts published by the FAA, as stated above.

Item 1M - 3
City Council Staff Report
June 16, 2022 – Page 4
Acceptance of FAA Grants

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:

N/A.

FISCAL IMPACT:

The three projects amount to a total of $970,000, of which 90.66%, or $879,402, will be eligible for FAA AIP Grants reimbursement. The remaining local obligation of $90,598 is budgeted in Airport Account No. 4167070.80000.

REVIEWED BY:

Department Director: Harry Barrett, Jr.

City Manager: Justin Clifton

Item 1M - 4

CITY COUNCIL STAFF REPORT
06/16/2022   1. N.

City Clerk -

SUBJECT
APPROVE SERVICE AGREEMENT A9128 WITH PUSH MEDIA, INC. DBA

GLEESON DIGITAL STRATEGIES, INC FOR AIRPORT ADVERTISING AND

PROMOTIONAL SERVICES
RECOMMENDATION:

Approve Service Agreement A9128 with Push Media, Inc. DBA Gleeson Digital Strategies of Sacramento, California, in an amount not to exceed $1,500,000 for the initial three-year term with two one-year options to renew at the sole discretion of the City

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

Attachments
Item 1N

CITY COUNCIL STAFF REPORT

DATE: JUNE 16, 2022 CONSENT CALENDAR

SUBJECT: APPROVE SERVICE AGREEMENT NO. A9128 WITH PUSH MEDIA, INC.

DBA GLEESON DIGITAL STRATEGIES, INC FOR AIRPORT

ADVERTISING AND PROMOTIONAL SERVICES

FROM: Justin Clifton, City Manager

BY: Department of Aviation

SUMMARY:

The Palm Springs International Airport proposes to enter into an agreement with Push Media, Inc. dba Gleeson Strategies based in Sacramento, California, to provide a results- oriented, efficient, and cost-effective customized advertising strategy, including creative design, and implementation. This will assist in the Airport’s marketing efforts, improve Airport user and community communications, and position the Airport to better compete with airports in the region.

RECOMMENDATION:

1. Approve Service Agreement No. A9128 with Push Media, Inc. dba Gleeson Digital Strategies of Sacramento, California, in an amount not to exceed $1,500,000 for the initial three-year term with two one-year options to renew at the sole discretion of the City (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, Push Media, dba Gleeson Digital Strategies, Inc is registered in the State of California. The President/CEO is Carol Gleeson.

BACKGROUND:

The Palm Springs International Airport (PSP) has experienced tremendous growth since 2019, even during the pandemic, adding several new airlines and new nonstop routes.

Item 1N - 1
City Council Staff Report
June 16, 2022 – Page 2
Approve Agreement A9128 with Push Media, Inc. dba Gleeson Digital Strategies PSP had 10 year -round routes and six year-round airlines in 2019 ; today PSP has 1 4 year-round routes and eight year-round airlines. In the Coachella Valley’s 2021 -2022 annual tourist season, PSP’s nonstop route portfolio grew from 20+ nonstop routes to 35 with 13 airlines. One of PSP ’s main goals is to convert more seasonal routes to year - round, to establish PSP as the airport of choi ce, increase area awareness about PSP, and grow passenger demand.

PSP needs to appeal to a broad audience beyond the city limits of Palm Springs. PSP ’s catchment area includes all nine cities in the Coachella Valley, the High Desert communities, the San Gorgonio Pass communities, and Inland Empire residents who can easily choose between PSP or another area airport.

STAFF ANALYSIS:

The Aviation Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP 17-22) to find a provider of these needed services.

The RFP was advertised in the local newspaper and published on the PlanetBids website.

Five proposals were received and evaluated by an evaluation team made up of staff from the Aviation and 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. Push Media, Inc. dba Gleeson Digital Strategies was ranked the highest by the evaluation team and is being recommended for award of the contract.

Push Media, Inc. dba Gleeson Digital Strategies will develop advertising campaign s for PSP that will set the Airport up to stand out as the airport of choice among area residents, tourists coming to the Coachella Valley, and for those who live in the nearby Inland Empire and can easily choose among several airports, including PSP.

This project will position PSP to compete not only for local residents, but also those that live within a 1.5-to-2-hour drive of PSP.

At its meeting on June 15, 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.

Item 1N - 2
City Council Staff Report
June 16, 2022 – Page 3
Approve Agreement A9128 with Push Media, Inc. dba Gleeson Digital Strategies

ALIGNMENT WITH STRATEGIC PLANNING:

N/A.

FISCAL IMPACT:

The estimated cost of the professional services for advertising and promotional services is $1,500,000 for the initial three-year term, which includes a $425,000 annual allowance for actual advertising costs. Funding of this professional services contract is available in Airport account 4157020-50145.

REVIEWED BY:

Procurement & Contracting Manager: Kim Baker
City Attorney: Mark Velasquez
City Manager: Justin Clifton

ATTACHMENTS:

A. Contract Service Agreement No. A9128 with Push Media, Inc. dba Gleeson Digital Strategies
B. Public Integrity Disclosure
Item 1N - 3

ATTACHMENT A
CONTRACT SERVICE AGREEMENT NO. A9128
WITH PUSH MEDIA, INC. DBA GLEESON DIGITAL
STRATEGIES, INC.

Item 1N - 4
CONT
RACT SERVICES AGREEMENT A9128

ADVERTISING AND PROMOTIONAL SERVICES

FOR THE PALM SPRINGS INTERNATIONAL AIPORT

TH IS AG
REEMENT FO R CONTRACT S ERVICES (“Agreement”) is mad e and entered into on _____________, 20__, by a nd between the City of Palm Sp rings, a Ca lifornia charter city and municipal corpora tion (“City”), and Push Media, Inc. dba Gleeson Digital Strategies, a California Corporation, (“Contractor”). C ity and Contract or are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. Cit y
requires the services of an advertising and promotional services company, for Advertising and Promotional Services at the Palm Springs International Airport, (“Project”).

B. Contractor has submitted to Cit y a pro posal to provide Advertising and Promotional Services, 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. City desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and c onditions contained herein , and ot her valuable consi deration, t he rece ipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Sco pe of Ser vices. In compliance with all ter ms and c onditions of thi s Agreement, Contractor shall prov ide se rvices to City a s desc ribed in the Scope of Services/Work attached to th is Agre ement as Exhibit “A” and in corporated her ein by refer
ence (the “ Services” or “ Work”). Exhibit "A" in cludes the a greed upon schedule of performance and the schedule of fees. Contractor warra nts that th e Services shall be performed in a compe tent, professional, and satisfactory manner consistent with the level of care and ski ll ordin arily exercised by high quality, e xperienced, and well qualif ied members of t he profession currently pr acticing under si milar conditions. In the event of any inco nsistency betw een the terms contained i n th e 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 Services . Con tractor shal l be lia ble for all violati ons of s uch laws and regulations in connection with the Services and this Agreement.

1.3 Licenses and Permits . Contractor shall obtain at it s so le co st and expense such licenses, permits, and approva ls as may be required by law for the performance of the Services required by this Agreement.

Item 1N - 5

1.4 F amiliarity with Work. By executing this Agreement, Contractor warrants that it has carefully considere d h ow the Work should be performed and fully under stands the facilities, difficulties, and r estrictions atte nding perform ance of the Work under this Agreement.

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Con tractor shall be compensated and reimbursed for the s ervices rendered under this Agreement in accordance wi th t he schedule of annual fees set forth in Exhibit “A” . The total amount of Compensation shall not exceed $1,500,000 for the initial three-year term which includes an Airport Allowance of currently $425,000 annually for the actual advertising. This allowance may fluctuate per year depending on the budgeted amount. The allowance amount is not guaranteed.

3.2 Method of Payment. In any month 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 month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and 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 the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any add itional fees. An amendment m ay be entered into:

A. To provide f or revisions or modific ations 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 Agreement or not customarily furnished in a ccordance with gen erally a ccepted 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 t he agreed upon sch edule of per formance set forth in Exh ibit “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 Maj eure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Item 1N - 6
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; (3) orders o f g overnmental authorities (includi ng, wit hout lim itation, unreasonabl e and unforeseeable delay in th e issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or q uarantine restrictions.

For p urposes of thi s section, “order s of gov ernmental au thorities,” incl udes ordinances, emergency proc lamations and orders, rules to prot ect 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 ext end th e ti me f or performing the Services for the peri od of t he enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Of ficer’s determination shall be final and conclusiv e upon the P arties t o this Agreement. The C ontractor will not receive an adjustment to t he contract price or any other c ompensation. No twithstanding the f oregoing, the City may still term inate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Ter m. Unless earlier term inated in accordance with Section 4.5 o f this Agreement, this Agreement s hall c ontinue in full for ce and effect for a perio d of three years, with two one-year options commencing upon issuance of a notice to proceed.

4.5 Ter mination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the per iod o f notice shall be s uch s horter t ime as may be determined by the City . Upon r eceipt of th e notice 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 entitled to c ompensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charge s or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed S ervices and sh all n ot be entit led to damages or co mpensation f or termination of Work. If the termination is for cause, the City shall have the right to take whatever step s it dee ms n ecessary to correct Co ntractor's d eficiencies and charge the cost th ereof to Contractor , who sh all be liab le for the ful l co st of th e C ity's corr ective action. Contractor may not terminate this Agr eement except for ca use, upon thir ty (30 ) days written notice to City.

5. COORDINATION OF WORK

5.1 Repr esentative o f Contractor . T he f ollowing p rincipal of Contract or is designated as being the principal and represe ntative of Contractor authorized to act and make all decisio ns in its behalf wit h r espect to th e sp ecified Serv ices: Carol Gleeson , CEO/President. It is e xpressly u nderstood that th e experie nce, knowle dge, educ ation, capability, and reputation of the foregoing principal is a substa ntial inducement for City t o enter into this Agr eement. T herefore, the foregoing principal shall be responsible dur ing the term of this A greement for directi ng all activities of Contractor and dev oting sufficient time to personally supervise the Services under this Agreement . The foreg oing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Office r. The C ontract Off icer shal l b e the City Ma nager or h is/her designee ("Contract Officer") . Contractor shall be responsible fo r keepi ng th e Contrac t Officer fully informed of the progress of the performance of the S ervices. Contractor shall refer any dec isions that must be made by C ity to the Contr act Officer. Unless otherwi se specified, any approval of City shall mean the approval of the Contract Officer.

Item 1N - 7

5.3 Prohibition Against Sub contracting or Assignment . The experience, knowledge, educat ion, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement 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, v oluntarily or by operation of law, witho ut the prior wr itten approval of City . Subcontracts, if a ny, shall contain a provisions making them sub ject to al l p rovisions sti pulated i n this Agreement including without limitation the insurance and indemnific ation requirements. If Contractor is permit ted to subcontract a ny part of this A greement by Cit y, Co ntractor shall b e responsible to City for the acts and omissions of its subcontractor(s) in the sam e manner as it is for persons directly employed. Nothing co ntained in this A greement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode , or means by which Contractor , its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations a s are consistent with that role ; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of it s agents or employees are agents or employees o f City. Contractor shall pay all wages, salaries, and other amounts d ue personnel in connection with th eir performance under this A greement and as required by law.

Contractor shall be responsible for all report s and obligations respecting such personnel, including, but not limited to: so cial security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services i n this Agreement. Contractor shall not alter the a ssignment of t he following personnel without the prior written approval of the Cont ract Officer. Acting through the City M anager, the City s hall have the unrestricted r ight to order the removal o f any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Joe Justin Client Lead & Project Manager
Carol Gleeson Strategy & Communications
Otilia Bretan Traditional & Digital Media

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 payment of pr evailing wa ge ra tes and the performance of other requirements on cer tain “public wo rks” and “maintenance” proj ects (“Prevailing Wage La ws”). If the Services are being perfor med as part of an applicable “public works” or “maintenance” project, as defined by the Preva iling Wage Laws, and if the total compensation is $15,000 or more for ma intenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers , employees, and agents free and harmless fr om any cl aims, liabilitie s, costs, penalties, or interest arising out of any failure or alleged failu re to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contr actor and all subcontractors

Item 1N - 8
to compl
y 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) , certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the S ervices a re being perfor med 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 must 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 monitor ing and enf orcement by the Department of Indus trial 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 fulles t extent permi tted by law, Contract or shall defend (at Contractor ’s sole cost and exp ense), indemnify, protect, and hold harmless City, i ts 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 a wards, settlements, damages, demands, orders, penalt ies, a nd expenses includi ng legal costs and attorney fee s ( collectively “Claims”), including but not limited to Cla ims arising from injuries to o r death of persons (Contractor’s employees included) , for d amage to property, includin g property owned by City, for a ny violation of any federal, stat e, or local law o r o rdinance or in a ny man ner arising out of, pertai ning to, or incident to a ny acts, erro rs or om issions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification cl ause exc ludes Claim s arisin g f rom t he 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 lim it Contractor ’s inde
mnification oblig ation or other liability under t his A greement. Contractor ’s indemnification obligatio n shall surviv e the expirat ion or earlier termin ation of t his Agreement until all actions a gainst the Indemnifi ed Parties for s uch matters indem nified are fully and fi nally barred by t he applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obl igation t o defend, indemnify , and/ or hol d harmless arises out of Contractor’s performan c e as a “design professional” ( as that t erm is def ined under C ivil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the C laims a rise o ut of , pe rtain to, or r elate 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 a djudication by a co urt o f co
mpetent j urisdiction, Contractor’s lia bility for s uch claim, i ncluding the co st to d efend, shall not exceed the Contractor’s proportiona te percentage of fault.

Item 1N - 9

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 pertaining 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 Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 O wnership of Doc uments. All d rawings, spec ifications, reports, records, documents, and other 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 abov e-referenced documents to City u pon request of the Contract Officer or upon th e termination of this Agreement. 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 owner ship o f the documents and materials. Co ntractor ma y retain co pies of such doc uments for Contractor's own use. Contractor shall have an unrestricted right t o use th e c oncepts embodied in such documents.

8.4 Release of D ocuments. All dr awings, speci fications, r eports, 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 City, Contractor shall provide City, or othe r 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 directly related to Contractor’s performance under t his Agreement. Cont ractor shall m aintain such books, rec ords, data, and docu ments in accordance with gene rally a ccepted accounting principle s and shall clearly ide ntify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 Californi a Law. T his Agreement shall be construed and interpr eted both as to validity and to performance of the parties in accordance with the laws of 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 i nstituted in t he Superior C ourt of th e County of Riverside, State of Californ ia, or any other appropriate court i n such coun ty, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interp retation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties.

The term s of this Agreement ar e contractua l and the resul t of negoti ation between t he Parties. Accor dingly, any rule of c onstruction of contracts (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 inter pretation of this Agreement. The caption headings of the various se ctions and paragraphs of this Agreement are for convenience Item 1N - 10
and identification pur poses only and shall not be deem ed 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 of a non - defaulting Party on any default shall impair such right o r 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 waiver by either Party of any default must be in writ ing. 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 law or in equity, to cure, cor rect, or r emedy any d efault, to recover damages for any default, 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 r elief as may be granted, t o recover from th e non - prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attor ney fe es, ex pert contrac tor fee s, court cos ts a nd all fees , cos ts, and expenses incurred in a ny appea l or i n collection of any judgment enter ed 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 C ontractor, 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 s hall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any a greement of any kind with any such officer or employee during the term of this Agreement and for one (1) year therea fter. Contractor warrant s that Contractor has not paid or giv en, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination. In connection with it s performance under this A greement, C ontractor shal l n ot discriminate against any employee or applicant f or employment because of actual or perceived race, religion, color, sex, age, marital st atus, ancestry, nati onal origin ( i.e ., p lace of origin, immigr ation statu s, cultur al or linguist ic characteristics, o r ethnicity) , sexual orientation, gender identity, gender ex pression, physical or mental disabi lity, or medical con dition (each a “prohibited basis”). Contractor shall ensure that applica nts are employ ed, and tha t employe es are treated du ring their employment, with out rega rd to any prohibited basis. As a condition precedent to City’s lawful capacity to ente r th is Agree ment, and in executing this Agreement, Cont ractor certifies that its act ions and omissions hereunder shall not i ncorporate any dis crimination arising from or related to any prohibited basis in any Cont ractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or

Item 1N - 11
recr
uitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including appr enticeship; and furthe r, 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 limitation the provision of benefits, relating to non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre-p aid, 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: Push Media, Inc. dba Gleeson Digital Strategies Attention: Carol Gleeson, President/CEO
1130 Robertson Way
Sacramento, CA 95818

11.2 I ntegrated Agreemen t. This Agreement constitutes the entire under standing between the P arties and s upersedes and cancels all prior negotiations, a rrangements, agreements, representations, and understandings, if a ny, 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 la w. In the event that any one or more of the phrases, sentences, clauses, para graphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdic tion, such invalidity or unenforceability shall not affect any of the remaining phrases , sentences, clauses, paragraphs, or sec tions 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 Beneficiary. Excep t as may be expressl y provi ded for i n this Agreement, not hing con tained in thi s Agreement is intended to confer, nor shal l this Agreement be construed as c onferring, any rights, including, without limitation, any r ights as a third -party beneficiary or othe rwise, upon any ent ity or p erson not a party to this Agreement.

11.7 Rec itals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and e ach Party acknowledges and agrees that such Party is bound, for pur poses of this Ag r eement, by the same.

11.8 Autho rity. The person s executing this Agreement on behalf of the P arties warrant that they are duly authorized to execute this Agreement on behalf of Parties and Item 1N - 12
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 whi ch shall constitute an original.
[SIGNA
TURES ON NEXT PAGE]
Item 1N - 13

SIGNATURE P
AGE TO CONTRACT SERVICES AGREEMENT A9128
BY AND BETWEEN THE CITY OF PALM SPRINGS AND PUSH MEDIA, INC.

DBA GLEESON DIGITAL STRATEGIES
IN WITNESS WHEREOF, the P arties have executed 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 s econd 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.

APPROVED AS TO FORM:

ATTEST:

By: _____________________________ By: _____________________________ Jeff Ballinger, Monique Lomeli
City Attorney Interim City Clerk
APPROVED:

By : ________________
_____________ Date: ____________________________
Justin Clifton,
City M anager
Item 1N - 14
EXHIB
IT “A”

SC OPE O

F SERVICES/WORK
Inc ludi
ng,
Schedule of Fees
Item 1N - 15
SECTION 4 – SCOPE OF WORK

1.1 B
ackground:

A. Palm Springs International Airport (PSP) is within a 1.5 -to-2.5-hour drive of several Southern California airports that compete not only fo r local residents, but for tourists coming to the Coachella Valley as well.

B. PSP has experienced tremendous growth since 2019, even during t he pandemic, adding several new airlines and new nonstop routes. PSP had 10 year -round routes and 6 year-round airlines in 2019, today PSP has 16 year -round routes and 9 y ear- round airlines. In the Coachella Valley’s 2021- 2022 annual tourist season, PSPs nonstop route portfolio grew from 20+ nonstop routes to 35 with 13 airlines. One of PSPs main goals is to convert more of our seasonal routes to year- round, and to do that we need t o establ ish PSP as the airport of choice, increase area awar eness about PSP, and grow passenger demand.

C. PSP needs to appeal to a broad audience beyond the city limits of Palm Springs.

PSPs catchment area includes 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.

D. PSP needs to be positioned to compete not only for local residents, but also those that live within a 1.5-hour drive of PSP.

E. A community awareness survey has been completed for PSP and the results of the survey will be provided to the Contractor for use in the development of any advertising campaigns. The Contractor will also be provided all PSP brand col lateral as needed.

F. The Contractor will develop an adverti sing campaign for PSP that will set us up to stand out as the airport of choice among area residents, tourists c oming to the Coachella Valley, and for those that live in the nearby Inland Empire that can easily choose among several airports, including PSP.

1.2 Scope:

A. The Contractor will work with the Deputy Director of Aviation, Marketing & Air Service to promote PSP and grow passenger demand. Final approval of all projects, media buys, promotional items, graphi c designs, and anything related to advertising campaigns, sponsorships, and event participation will reside solely with PSP.

B. Market Segmentation: The Contractor shall develop an u nderstanding who PSP’s target markets are, including demographic and geographic data, guest personas (both business and leisure travelers), targeting segments for enhanced growth within PSP’s catchment area.

C. Marketing Strategy: T he Contractor shall a ugment PSP’s resear ch and marketing strategy development to create a compr ehensive program that will work in coordination with public relations and internal communications initiatives. This will include development of a formal written plan, including objectives, audience description, strategies, tactics, and budgets.

D. Advertisin g Plan: The Contractor shall conduct a coordinated advertising campai gn to support ov erall marketing efforts that will inc lude print, broadcast, digital, SEM, OTT, social media, email, experiential media, et c. This will include development of a formal writ ten pl an, including objectives, audience description, strategies, tac tics, budgets, and creative development.

Item 1N - 16
E. The Contracto
r will perform all Media Planning and Buying: Media negotiations, client meetings, phone calls, and correspondence related to specifi c media plans/buy s.

Final approval of all media buys will reside solely with PSP.

F. The Contractor will produce creative strategy and design of collateral, reports, advertising, visual display, broadcast, or social media materials and other vehicles as needed. This will inc lude concept development, including graphic design, copywriting, and editing.

G. PSP will be relying on the Contractor to be a strategic partner and bring creativity, flexibility, and a proven track record of results to the table.

H. The Contractor will provide r ecommend strategies to expand the impact of advertising/marketing campaigns allowing for the broadest possible exposure to the target markets within the available budget.

I. The Contractor will clearly articulate the goals(s), objectives, audiences, strategies, budget, and measurement of success prior to the launch of a campaign.

J. The Contractor will strategically plan, integrate, manage, and execute an assortment of marketing/advertising projects including local event sponsorship and involvement.

K. New and emerging technology opportunities are consistently be ing introduced and the Contractor must be able to identify, evaluate, recommend, develop, and execut e and/or manage the execution of these opportunities.

L. The Contractor shall provide account management and reporting.

M. The Contractor shall meet with PSP staff as needed for the purposes of carrying out initiatives.

N. The Contractor shall maintain internal procedures that ensure budget control, prompt billing, and quality control for campaigns.

O. The Contractor shall p repare cost schedules and project sheets for advertising expenditures and other related costs and secure PSP’s pre- approval of all expenditures.

P. The Contractor sh a ll u nderstand trademark, copyright, and other applicable intellectual property protections and work with PSP to safeguard its brand.

Q. The Contractor shall p rovide ongoing status reports, or as otherwise requested, t o PSP updating the progress of all projects.

R. The Contractor shall p rovide monthly, quarterly, and annual performance co st analysis for investment.

S. The Contractor shall develop analytical data reports and key performance indicators, or KPIs, in collaboration with PSP leadership t o measure over all effectiveness and performance and provide detailed reports on a monthly basis.

1.3 Schedule:

Work is expected to start no later than July 1, 2022, and a new campaign should launch no later than August 15, 2022. The campaign launch date may change to a later date, with approval from the Deputy Director of Aviation, Marketing and Air Service, pending the final delivery of PSP’s new brand and website that will be under development by another Contractor.

1.4 Compensation:

Item 1N - 17
Work will be compensated on a lumpsum basis for the two categories of tasks listed on the pricing sheet. 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 report is provided to support the amount requested. No ad ditional com
pensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1N - 18
Item 1N - 19
ITEM
1 2
3 ATTACHMENT "F" (ADDENDUM 1)

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 17-22)

ADVERTISING ANO PROMOTIONAL SERVICES

FOR THE PALM SPRINGS INTERNATIONAL AIPORT

THIS FORM MUST BE COMPLETED ANO SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal ", ~with Electron ic FIie #1, Technical/Work Proposal*) DESCRIPTION Quantity Unit of Measure SUBTOTAL
Advertising and 1 Lumpsum $50,000 Promotional Services for PSP - Media Buys,
Sponsorships and Promo
Items
Advertising and 1 Lumpsum $25,000 Promotional Services for PSP - Graphic Design,
Copywriting, and Printing
Airport Allowance for actual advertising $425,000.00
Total $500000
•Note items 1 and 2 shall indude the costs to administer the advertising program. The actual advertising dollars available are induded in Item 3 as an allowance. The total shall reflect the cost of all three Items. Also note that the use of the allowance will be authorized for use by the Airport.. The allowance amount is not guaranteed as It is based on what is typically budgeted each year for Airport Advertising.

Certified by: Carol Gleeson
Firm Name: Push Media Inc. dba Gleeson Strategies
Signature of Authorized Person: f?s/~
Printed Name: Carol Gleeson
Title: _P_re_s_i_d_e_n_t/_C_E_O _______________ _
Date: April 26, 2022
__________ ...,,/4§3'-~---
EXHIBI
T “B”

INSURANCE PRO

VISIONS
Including
Verif ica t
ion 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 1N - 20