Agenda packet — Palm Springs City Council, June 16, 2022 (part 6 of 7)

Initial Material Hand ling Cost Index • Cart Service Rate Adj ustment A
ea ...

B
facilities 1 Tonnage 1 Cost Per Ton '
Edom Hill Transfe r Station: Refuse 11,9 53.6 $51.49
Edom Hill Transfe r Station: Green Waste 2 000 .5 $56.01 Edom Hill Transfe r Station: Mixed Recycling 4, 367 .2 $91.64 Coachella Vallev Com .. ,..,t : On~a nic Was te . $75.00 Mate ria l Handling Tons & Cost 18,321.2
Index • Weii:ht ed Averair:e Cost Per Ton •
C
Base Material
Ha ndling Cost
(COL A • COl BJ
$615,489
$112 045
$400, 211
$0
$1,127,746
$61.5540
Tolols moy riot odd up due to ro11nc6r79
Initial Mate ria l Ha nd ling Cost Index • Bin Service Rate Adjustme nt D E F
Base Materi al
ea ... Hand ling Cost
Row Facili ties Tonnage ' Cost Per Ton • {COL D • COL E) 7 Edom Hill Transfe r Station: Refuse 31,089 .8 $51.49 $1,600,815 8 Edom Hill Transfe r Station: Green Waste 8.0 $56.01 $448 9 Edom Hill Transfe r Station: Mixed Recycling 712.7 $91.64 $65, 310 10 Coachella Valley Compost : Food Was te 44.l $75.00 $3, 308 11 Mate ria l Hand line: Tons & Cost 31.854.6 Sl 6 69 881 12 Index • Weight ed Average Cost Per Ton " $52.4 220
Totols mov t1ot odd up d~ to fOWIOlrio
Initial Materia l Ha ndling Compone nt W eightings
G
Mat erial
Ha ndling
Component
" Row Sector
13 Cart Service 23.0974 9£
14 Bin Service 22.5112%
(1) Pos t collection material hand ling facilitie s planne d for use under this agreeme nt. (2) Assumed beginning tonnage to be delive red to each facility. (3) Most current rates a t each faci lity.
(4) Tota l Base Mate rial Handling Cos t d nfided by Total Base To nnage.

Palm Springs Collection Services Agreement

Palm Springs Draft Agreement Page 96
EXHIBIT 3: CONTRACTOR’S SB 1383 SCOPE OF SERVICES
A. EDUCATION AND OUTREACH
Program Administration
• CONTRACTOR shall employ a full-time Environmental Coordinator to oversee the SB 1383 Program including the activities of administration, public outreach, compliance monitoring, enforcement coordination and reporting for its three jurisdictions (Palm Springs, Desert Hot Springs and the County Franchise Area No. 10). Costs for this position will be allocated 70-20-10 respectively. CITY’s portion will in turn be allocated 10% to the Residential sector and 90% to the Commercial/Industrial sector. • CONTRACTOR’s Environmental Coordinator will supervise a staff of Recycling Ambassadors and will be responsible for coordinating all outreach, enrollment, education, monitoring, enforcement, and reporting activities associated with SB 1383. • CONTRACTOR’s shall designate its Environmental Coordinator not later than January 1, 2022.
a. The Environmental Coordinator will be CONTRACTOR’s primary public education and outreach representative, virtually or in-person, with community organizations (including, but not limited to, ONE -PS, Chamber of Commerce, Main Street, PS Resorts, PS Hospitality Association), and at special events (including, but not limited to, VillageFest, ONE -PS annual picnic, PS Farmers Market). CONTRACTOR’s Environmental Coordinator shall participate with CITY in up to three (3) educational/informational events each calendar quarter.

1. Residential Outreach, Education
Outreach to Residential Customers will occur in the following manner. a. Newsletters. CONTRACTOR shall announce and promote the Residential Organic Waste Recycling Program in consecutive issues of the quarterly Residential newsletters approved by the City and distributed [month][year], and [month][year]. b. Subscription Form. CONTRACTOR shall direct mail subscription forms approved by CITY to Customers with option for completing online ( July 2022 or as soon thereafter as practical).

The subscription form will allow Customers to: (1) Specify the size of Organic Waste Recycling Cart desired; and, (2) Enable part-time residents to defer delivery to a date certain. c. Recycling Guide . CITY shall provide printed Recycling Guides to CONTRACTOR and CONTRACTOR shall distribute a Recycling Guide with each Organic Waste Cart delivered.

Contractor shall also direct mail a Recycling Guide to each existing green waste Customer and to new Customers when they are enrolled for an Organic Waste Collection services.

2. Commercial Outreach, Education, Monitoring
a. In-Person Outreach & Education . CONTRACTOR shall assign two (2) Recycling Ambassadors, or full-time equivalents, to the CITY and to engage directly with customers. The Ambassadors will be uniformed, will have experience engaging with the public, and will be professional in Item 3B - 124

Palm Springs Draft Agreement Page 97
their demeanor. CONTRACTOR shall give hiring preference to hiring residents of the CITY and to the ability to communicate in Spanish.
• CONTRACTOR’s Recycling Ambassadors shall utilize tablets that interface with CONTRACTOR’s customer relationship management system in real time for electronic record keeping and electronic reporting.
• CONTRACTOR Recycling Ambassadors assigned to City shall be hired not later than October 1, 2022 or as soon thereafter as practical.
b. Focus Groups. CONTRACTOR shall cooperate with CITY and participate in two (2) focus groups comprised of members of specific business community segments for purposes of planning outreach, education and Organic Waste Recycling program introduction. c. Community Outreach . CONTRACTOR’s Environmental Coordinator will be CONTRACTOR’s primary public outreach and education representative, virtually or in-person, for community organizations (including, but not limited to, ONE-PS, Chamber of Commerce, Main Street, PS Resorts, PS Hospitality Association), and at special events (including, but not limited to, VillageFest, ONE-PS annual picnic, PS Farmers Market).
d. Business-to-Business Outreach. CONTRACTOR’s Recycling Ambassadors shall meet in-person with Commercial Customers to:
• Inform Customers about Recycling and Organic Recycling programs, • Enroll Customers in Recycling and Organic Recycling Programs, • Train Customer employees in proper practices,
• Monitor Customer participation and practices, and
• Educate Customers as to proper recycling practices and Waste Reduction.

CONTRACTOR shall maintain an electronic log of such meetings for review by CITY upon request.
e. Written Outreach. Written outreach (by hard copy or electronic copy) shall consist primarily of the following: quarterly newsletters, recycling guides, and webpages. f. Quarterly Newsletters . CONTRACTOR shall keep Customers informed about Solid Waste programs, services, and events through separate Residential and Commercial quarterly newsletters issued at the start of each calendar quarter. • The July 2021, October 2021, January 2022, April 2022, and July 2022 issues shall emphasize the Organic Waste Recycling Program.
• Residential and Commercial newsletters shall be prepared according to the following timeline:
o Sixty (60) days before the start of each calendar quarter, CONTRACTOR’s Contract Liaison shall confer with the CITY’s Contract Administrator on the subjects to be addressed in the next newsletter.

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o Thirty (30) days before the start of each calendar quarter, the CONTRACTOR’s Contract Liaison will provide a draft of the next newsletter to the City’s Contract Officer for comment and approval.
o Within five (5) calendar days of receipt of the draft newsletter, the CITY’s Contract Officer shall return a redlined updated newslette r text to CONTRACTOR’s Contract Liaison.
o Not later than the first day of the calendar quarter, CONTRACTOR shall mail the final newsletters via the US Postal Service to the intended recipients AND post the newsletter on its website.
• Residential newsletters shall be bilingual (English & Spanish) and shall be produced on 11-inch by 17-inch stock, twice folded with an address panel for self-mailing. Commercial newsletters shall be produced on 8 ½-inch by 11-inch stock, folded once with an address panel for self-mailing.
g. Residential & Commercial Recycling Guides. The CITY shall design, prepare and print sufficient copies of a Residential recycling guide and a Commercial recycling guide for the following distribution methods:
• Initial Residential Distribution. With the initial distribution of Organic Waste Recycling Carts, CONTRACTOR shall distribute a recycling guide encased in a carrier envelope accompanying each Cart. Simultaneous with the distribution of Organic Waste Recycling Carts, Contractor shall also mail a recycling guide to each existing green waste Customer. • Initial Commercial Distribution. With the initial enrollment of Commercial establishments in Organic Waste Recycling, CONTRACTOR’s Recycling Ambassadors shall provide each Commercial Customer with a recycling guide. • Special Event Distribution. For use as handouts by CITY staff and CONTRACTOR representatives at special events.
• Annual Distribution. Annually after the initial distribution, the CITY shall mail a recycling guide to each Residential Customer and each Commercial Customer. Contractor shall provide the mailing list for this mailing.
h. Customer Feedback Report. Once annually, for each Commercial Customer for which a Hauler Route review inspection has been performed, CONTRACTOR shall produce a report on the Customer’s recycling practices. The report may be distributed in one of three ways:
electronically via email, hard copy via first class mai l, or accessible on Customer’s online account page. The feedback report may summarize services, results of monitoring inspections, and an effectiveness rating of Customer’s recycling practices in narrative, letter grade, dashboard speedometer dial, or other manner of presentation. Report details shall be developed in cooperation with City.
i. Webpage. CONTRACTOR shall maintain separate Residential and Commercial webpages on its website with current information regarding the respective recycling programs with active links to CalRecycle and City’s Office of Sustainability webpages. b. Contractor shall post its quarterly Residential and Commercial newsletters on its website.

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B. RESIDENTIAL SERVICES

1. Cart Specifications, Colors, Identification, and Labels All Carts provided to Customers by CONTRACTOR shall be industry standard rotational molded plastic carts with wheels and attached lids. The Carts shall be of the proper color with identification of purpose and labeling complying with the requirements of SB 1383.

Cart specifications, colors, identification, and labels shall be approved by CITY.

CITY acknowledges that existing Carts provided to Customers do not meet the requirements of SB 1383 for color and labeling and CITY hereby authorizes CONTRACTOR to t ransition from non -compliant to compliant Carts as part of its on -going replacement of aged -out Carts as provided for by the SB 1383 Regulations. For Carts already in service, Contractor shall affix compliant labeling stickers before January 1, 2022, or as reasonably soon thereafter as possible.

CITY and CONTRACTOR will cooperate on the use of QR Codes in labels to enable residents to access a mobile device application to access updated lists of accepted materials and special information and messages related to recycling and organic waste recycling.

2. Accepted Materials
CONTRACTOR shall collect the Accepted Materials listed below for the Residential Recycling Program and the Residential Organic Waste Recycling program. The presence of Prohibited Materials may result in extra charges in accordance with the approved Rate Schedule and/or enforcement actions by City.

RESIDENTIAL NON-ORGANIC RECYCLING PROGRAM
Category Accepted Materials Prohibited Materials
Cardboard
(OCC)
Clean, uncoated & flattened cardboard Soiled cardboard, Wax-coated cardboard Paper Cereal boxes, envelopes, file folders, frozen food boxes, junk mail, magazines, mixed paper, office
paper, newspaper, telephone books, white paper
Facial tissue
Plastics ID codes & common products:
#1 PET – soda water bottles, cups, jars, trays &
clamshells
#2 HDPE – milk jugs, detergent & shampoo bottles,
flowerpots, grocery bags
#3 PVC – cleaning supply jugs, pool liners, twine,
sheeting, automotive product bottles
#4 LDPE – bread bags, paper towel & tissue
overwrap, squeeze bottles, trash bags, six-pack
rings
#5 PP – yogurt tubs, cups, juice bottles, straws,
hangers, sand & shipping bags
Rigid plastic toys, Plastic furniture, Cling
wrap for food, Frozen food bags, #6 PS –
to go containers hot cups, shipping
cushion. #7 Other – polycarbonate,
Lexan, CDs, ABS, Garden hoses
Metal Aluminum cans, Aluminum foil, Empty aerosol cans, Pie tins, Tin, steel, bi-metal cans
Coat hangers
Glass Jars, Bottles Light bulbs, Mirrors, Window glass, Ceramics, Dishes
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Other Green waste, Food waste, C&D,
Electronic waste, Animal waste, Diapers,
Hazardous waste

RESIDENTIAL ORGANIC WASTE RECYCLING PROGRAM
Category Accepted Materials Prohibited Materials
Green Waste
Grass clippings, leaves, weeds, prunings, flowers,
Wood waste & lumber (untreated & unpainted)
Other yard waste
Stumps, Soil, Pressure-treated wood,
Painted wood, Wood with foreign
objects (nails, screws, brackets, etc.),
Glass, Metal, Plastic-coated or wax-
coated cardboard, Any material too
large for container, Palm fronds, Soiled
cardboard
Food Waste
Bagged food waste ONLY
Fruits & vegetables, Dairy products & bread,
Cooked meat & seafood (including bones &
shells), Coffee grounds & filters (except K-pods),
Food soiled paper products, Food-soiled
cardboard products, Fiber-based & certified
compostable foodware
Raw meat & seafood, Rubber bands,
Twist ties, Plastic & non-certified
compostable food containers &
foodware, Recyclables (plastic, glass,
metal), K-pods
Other Hazardous waste, Non-organic waste

3. Changes to Accepted Materials
CONTRACTOR may update the list of Accepted Materials to reflect changes in markets, recyclability of materials, or acceptance by processor by giving sixty (60) days’ advance written notice to CITY and thirty (30) days’ advance written notice to Residential Customers.

The advance notice to Residential Customers may be made through the CONTRACTOR’s quarterly newsletter. Any changes in the list of Accepted Materials shall also be accompanied b y either a new Container label or a sticker affixed by CONTRACTOR to existing Container labels which clearly indicates the updated listing of materials accepted and not accepted.

Any changes in the list of Accepted Materials shall also be accompanied by ei ther a new Container label or a graphic sticker affixed by CONTRACTOR to Containers which clearly indicate the updated listing of materials accepted and not accepted, or through the use of a Quick Response Code (QR Code) affixed by CONTRACTOR to Containers from which Commercial Customers can access the updated listing of materials accepted and not accepted using a smart phone or tablet.

C. COMMERCIAL SERVICES
CONTRACTOR shall perform collections of Refuse, Recycling, and Organic Waste generated by Commercial customers from Bins or Carts provided to business establishments and institutions and to Residential premises subscribing to Bin service.

1. Container Specifications, Colors, Identification and Labels a. Container specifications, colors, identification, and labels shall be approved by CITY. b. CITY acknowledges that existing Containers provided to Customers do not meet the requirements of SB 1383 for color and labeling and CITY hereby authorizes CONTRACTOR to Item 3B - 128

Palm Springs Draft Agreement Page 101
transition from non -compliant to compliant Carts as part of on -going replacement of aged - out Carts as provided for by the SB 1383 Regulations . For Carts and Bins already in service, CONTRACTOR shall affix labels before January 1, 2022, or as reasonably so on thereafter as possible.
c. CITY and CONTRACTOR will cooperate on the use of QR Codes in labels to enable Commercial customers to access a mobile device application to access updated lists of accepted materials and special information and messages related to recycling and organic waste recycling.

2. Accepted Materials
CONTRACTOR shall collect the Accepted Materials listed below for the Commercial Recycling Program and the Commercial Organic Waste Recycling program.

The presence of Prohibited Materials may result in extra charges, enforcement actions and/or removal of containers.

COMMERCIAL RECYCLING PROGRAM
Category Accepted Materials Prohibited Materials
Cardboard
(OCC)
Clean, uncoated & flattened cardboard Soiled cardboard
Wax-coated cardboard
Paper Cereal boxes, envelopes, file folders, frozen food boxes, junk mail, magazines, mixed paper, office paper,
newspaper, telephone books, white paper
Facial tissue
Plastics ID codes & common products:
#1 PET – soda water bottles, cups, jars, trays &
clamshells
#2 HDPE – milk jugs, detergent & shampoo bottles,
flowerpots, grocery bags
#3 PVC – cleaning supply jugs, pool liners, twine,
sheeting, automotive product bottles
#4 LDPE – bread bags, paper towel & tissue
overwrap, squeeze bottles, trash bags, six-pack rings
#5 PP – yogurt tubs, cups, juice bottles, straws,
hangers, sand & shipping bags
Rigid plastic toys, Plastic furniture,
Cling wrap for food, Frozen food
bags, #6 PS – to go containers hot
cups, shipping cushion, #7 Other –
polycarbonate, Lexan, CDs, ABS,
Garden hoses
Metal Aluminum cans, Aluminum foil, Empty aerosol cans, Pie tins, Tin, steel & bi-metal cans
Coat hangers
Glass Jars, Bottles Light bulbs, Mirror, Window glass,
Ceramics, Dishes
Other Green waste, Food waste,
Construction debris, Electronic
waste, Animal waste, Diapers,
Hazardous waste

COMMERCIAL ORGANIC WASTE RECYCLING PROGRAM
Category Accepted Materials Materials NOT Accepted
Green Waste Grass clippings, leaves, weeds, prunings, flowers, Wood waste & lumber (untreated & unpainted)
Stumps, Soil, Pressure-treated
wood, Painted wood, Wood with
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Other yard waste foreign objects (nails, screws,
brackets, etc.), Glass, Metal, Plastic-
coated or wax-coated cardboard,
Any material too large for
container, Palm fronds, Soiled
cardboard
Food Waste Bagged food waste ONLY
Fruits & vegetables, Dairy products & bread, cooked
meat & seafood (including bones & shells), Coffee
grounds & filters (except K-pods), Food soiled paper
products, Food-soiled cardboard products, Certified
fiber-based foodware
Raw meat & seafood, Rubber
bands, Twist ties, Plastic and non-
certified food containers &
foodware, Recyclables (plastic,
glass, metal). K-pods
Other Hazardous waste, Non-organic
waste

The advance notice to Commercial Customers may be made through the CONTRACTOR’s quarterly newsletter. Any changes in the list of Accepted Materials shall also be accompanied by either a new Container label or a sticker affixed by CONTRACTOR to existing Container labels which clearly indicates the updated listing of materials accepted and not accepted.

Any changes in the list of Accepted Materials shall also be accompanied by either a new Container label or a graphic sticker affixed by CONTRACTOR to Containers which clearly indicate the updated listing of materials accepted and not accepted, or through the use of a Quick Response Code (QR Code) affixed by CONTRACTOR to Containers from which Commercial Customers can access the updated listing of materials accepted and not accepted using a smart phone or tablet.

4. Enrollment
CONTRACTOR’s representative shall enroll each new Commercial establishment in Recycling and Organic Waste Recycling service in real time by electronic entry in CONTRACTOR’s customer relationship management system. CONTRACTOR shall provide each new subscribing Commercial e stablishment with an in-person orientation to Recycling and Organic Waste Recycling and a printed recycling guide.

CONTRACTOR’s Customer file shall include record of recycling orientation, education, and every training conducted by CONTRACTOR.

CONTRACTOR shall maintain a monthly cumulative record of all Customer enrollments, including name, service address, subscribed services, recycling orientation, education, and trainings, and such record shall be made available to CITY upon request.

D. OBSERVED CONTAMINATION
If CONTRACTOR’s Collection driver or other representative encounters a Container with noticeable contaminants, the driver or representative shall:
• Tag the Container as uncollectable.
• Photograph the Container’s contents.

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• Report the service address to CONTRACTOR’s dispatch office by electronic tablet or by radio or phone.
• Sort and collect the materials or leave the tagged Container uncollected for later collection as disposed waste, pursuant to CITY Code.

CONTRACTOR’s Ambassador or dispatch office shall notify the Customer of the condition by telephone or electronic mail and advise Customer of the need to remove the contaminates for proper recycling or disposal. Contractor’s field representative shall initiate an in -person visit with Customer to educate the Customer’s representative and offer training of Customer’s employees.

A report of observed contamination shall be reported to CITY electronically or in writing.

1. Uncollected Containers
BLUE, GREEN OR BROWN Containers uncollected by CONTRACTOR due to contamination shall be collected for disposal as GRAY Container Solid Waste. Containers with contamination tagged before Noon shall be collected for disposal the same day, while Containers with contamination tagged after Noon sha ll be collected for disposal the following workday. Containers with contamination collected as Refuse shall be subject to the return trip charge specified in the approved Rate Schedule except that return trip charge shall be waived as courtesy for a Customer’s first offence.

2. Waivers
Commercial establishments may be granted a waiver by CITY from recycling, green waste recycling or food waste recycling for reasons of self -hauling, alternative arrangements, de minimis generation, or space limitations as may be specified in CITY and State regulations.

CITY shall establish regulations for waivers and an application form and for a review and approval process.

CONTRACTOR shall cooperate with CITY in performing site reviews before waivers are granted or denied.

CITY’s waivers may be granted for a specified period of time. CITY shall provide CONTRACTOR with a record of each granted waiver, and CONTRACTOR shall enter each waiver into CONTRACTOR’s Customer file.

E. CONTAMINATION MONITORING AND HAULER ROUTE REVIEWS

1. Written Work Plan
Within thirty (30) days following the Effective Date of the Agreement and prior to January 1 of each subsequent year, CONTRACTOR shall provide CITY with a written schedule for the calendar year for performing Hauler Route reviews and Waste Evaluations. During the course of a calendar year, CONTRACTOR may amend the schedule by providing CITY with a revised written schedule.

2. Contamination Monitoring Program
CITY has elected to utilize the three-Container Organic Waste Collection Service as described in 14 CCR Section 18984.1 as its approach to Standard Collection Service for Residential and Commercial collections.

CONTRACTOR shall perform contamination monitoring of its Residential and Commercial services. a. Residential Contamination Monitoring. CONTRACTOR’s Residential contamination monitoring shall consist of Hauler Route reviews and Waste Evaluations.

Residential Hauler Route reviews entail visual inspections of select individual Residential Containers for contamination and are intended to satisfy the SB 1383 contamination monitoring requirement (14 CCR Section 18984.5(b)).

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Residential Waste Evaluations entail physical inspections of samplings taken from truckloads of GRAY, BLUE, and GREEN Container waste to determine the amount of Accepted Materials present and are intended to provide CITY with a means of monitoring diversion progress and the effectiveness of public education and outreach efforts. a. Commercial Contamination Monitoring . CONTRACTOR’s Commercial contamination monitoring shall consist of Hauler Route reviews and Comprehensive Individual Inspections. (The term “Commercial customers” means business establishments utilizing Bin services, and detached residential dwelling neighborhoods, attached residential dwelling neighborhoods, and multi-family apartment complexes utilizing Bin services.) Commercial Hauler Route reviews entail visual inspections of select individual Commercial Containers for contamination and are intended to satisfy the SB 1383 contamination monitoring requirement (14 CCR Section 18984.5(b)).

Commercial Comprehensive Individual Inspections entail detailed physical inspections of the contents of Containers used by indi vidual Commercial customers and are intended to be a part of CITY’s enforcement program.
(Waste Evaluations will not be performed in the Commercial contamination monitoring program.)
b. Contamination Monitoring Program Evaluation. Following the end of each calendar year, the Parties shall meet to evaluate the contamination monitoring program.

3. Hauler Route reviews
A Hauler Route review means monitoring select Customer Containers for contamination and entail:
• A visual inspection for the presence of prohibited materials in each GRAY, BLUE, GREEN or BROWN Container used by an individual Customer;
• That are available for collection on Customer’s regular collection day; • Where the Customer is part of a sample population selected at random; • From each of CONTRACTOR’s GRAY Container daily routes.

For each GRAY Container selected for inspection, every Container offered within that Customer class will be inspected as part of the work.
a. Visual Inspection . A “visual inspection” entails scrutinizing the contents of Containers by CONTRACTOR’s representative for the obvious presence of any Prohibited Materials (which may involve probing the contents with a poker and opening bags or boxes toward the top of the Container but does not mean the opening of bags or boxes lower within the Container, nor the removal of the contents of the Container to perform the inspection). b. Inspection Schedule. CONTRACTOR’s Hauler Route review inspections of Containers on an individual route shall be conducted on the same day, however, visual inspections for different routes need not be conducted on the same day or even in the same week.

To accommodate CONTRACTOR’s available resources, Residential and Commercial Hauler Route review ins pections may be staggered over the course of the calendar year at CONTRACTOR’s discretion in accordance with the written work plan.

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c. Sample Selection. Customers chosen to be part of a sample population for Hauler Route review inspection shall be selected at random by route. c. Inspection Day & Sample Size. Residential Hauler Route review inspections shall occur on the day of collection. Commercial Route Review inspections may be performed on the day prior to or day of a scheduled collection. If any of the Containers of a Customer have been collected prior to inspection, the inspector will move on to the next Customer on the target list.

To maintain the target sample size, the number of randomly selected accounts to be sampled on a route will be tripled so that the target sample size can still be achieved even if some accounts are not inspected because one or more Containers of an account have already been collected.

Once CONTRACTOR’s inspector has performed the required number of inspections on a route or exhausted the list of randomly selected accounts, inspections for that route shall be determined as concluded.
d. Hauler Route Review Procedures. When conduc ting a visual inspection as a part of a Residential or Commercial Hauler Route review, CONTRACTOR’s inspector shall perform the following procedures with the intent of determining if any Prohibited Material is present:

1. Confirm the service address;

2. Record the Customer’s subscribed number and size of Containers by type (GRAY, BLUE, GREEN, or BROWN);

3. Record the number and size of Containers by type (GRAY, BLUE, GREEN, or BROWN) available for inspection;

4. Open the lid of each Container;

5. Inspect the cont ents of each Container for the presence of any Prohibited Materials visible to the inspector (which may involve probing the contents with a poker, but does not mean the removal of the contents of the Container to perform the inspection; if waste is bagged, inspector will slash open the top one or two bags and probe the contents);

6. Make a finding of either: “PASS” (meaning that no Prohibited Materials were observed), or “FAIL” (meaning that some Prohibited Materials were observed);

7. Record the finding for each Container;

8. Attach a PASS or a FAIL notice to each Container. For Commercial customers receiving a FAIL rating, CONTRACTOR’s inspector shall attempt to contact a responsible representative of the Customer and deliver the notice in person. When in -person delivery is not possible, the notice shall be delivered via US Postal Service or by electronic mail.
e. Post-Inspection Notices . All post -inspection notices shall include a message advising the Customer that the inspection was performed as required by State Regulations solely for the purpose of minimizing Prohibited Materials in Containers and shall contain the date of inspection and identification of the inspector.

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• PASS notices shall carry a positive message congratulating the Customer on their environmental awareness and participation.
• FAIL notices shall identify the Prohibited Material(s) found and direct the Customer to the CITY’s and CONTRACTOR’s websites for more information regarding correct recycling practices.

The form and content of post-inspection notices shall be approved by the CITY in advance of their use.

4. Contamination Monitoring Reporting
a. Hauler Route Review Reports . Contractor shall maintain a record of each Route Review inspection including the date of inspection, Customer name, service address, Container description (including type, size, and number), PASS or FAIL finding, notification made, if any, and recommended follow-up action, if any.

For Containers with excessive amounts of Prohibited Waste, the record shall include a photographic record of the inspection and a copy of written notification to the Customer. b. Monthly Report. Monthly, Contractor shall provide CITY summary of inspections performed.

Records of individual inspections shall be maintained and available for inspection by the CITY. c. Annual Report. Within thirty (30) days of completing the Residential or Commercial Hauler Route reviews for the calendar year, CONTRACTOR shall submit a report to the CITY which shall summarize the overall findings by Container type, summarize the findings by Container type by daily route, provide a listing of each account inspected organized by route, and indicating the finding for each Container by type for that Customer. d. Waste Evaluation Reports. Within thirty (30) days of completing Waste Evaluations for the calendar year, CONTRACTOR shall submit a report to the CITY describing the procedures, dates, routes evaluated, and the amounts of Prohibited Materials expressed as a percentage of the total weight of the samples.
e. Outreach and Education by CITY. As a follow-up to CONTRACTOR’s reports of Hauler Route reviews, CITY shall perform outreach and education to individual Residential and Commercial generators that acknowledges Customers achieving a PASS rating and educates C ustomers receiving a FAIL rating.

5. Residential Hauler Route Reviews
The number of visual inspections performed in a Residential Hauler Route review shall be determined as follows:
a. Initial Residential Hauler Route Review . In the first calendar year of the Agreement, CONTRACTOR shall perform Route Review inspections of the available GRAY, BLUE, and GREEN Containers of 27 Residential Customers from each of CONTRACTOR’s daily GRAY Container Residential Routes.

Example: If CONTRACTOR operates 3 GRAY Container routes, 5 days per week, the accounts to be sampled would total 405.
[3 routes x 5 days = 15 daily routes; 15 daily routes x 27 inspections = 405 total inspections]
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b. Subsequent Hauler Route Reviews . Commencing January 1, 2023, and each calendar year thereafter, CONTRACTOR’s Hauler Route review shall consist of visual inspections of a combination of 320 new inspections and up to 80 re-inspections:
• New Inspections. For new inspections, 21 accounts will be selected randomly from each route. To account for the possibility that some ac counts may have been collected prior to the arrival of the inspector, the random list shall include three times the number of inspections planned.

Example: If CONTRACTOR operates 3 GRAY Container routes, 5 days per week, the 320 total samples would result in 21 inspections per route. [320 total samples ¸ 15 daily routes = 21.33; say 21]
If 21 individual inspections are to be performed, the list of random account addresses for a route shall be 63.
[21 planned inspections x 3 = 63 random account addresses] • Re-Inspections. Up to 80 Residential Customers selected by CITY from among Customers that received a FAIL rating in the previous year’s inspection shall be re - inspected in the following year. To the extent reasonably possible, CONTRACTOR shall attempt to p erform re -inspections at about the same time of year as the original inspection.
c. Residential Container Exchanges It is intended that CONTRACTOR’s Visual Inspections of Residential Containers will be made on the Route, however, at CONTRACTOR’s discretion, Customer Containers to be inspected in a Hauler Route review may be exchanged on the route, like-for-like, and brought to CONTRACTOR’s facility where the visual inspection will be performed. If the exchange process is used, replacement Containers shall be e ither new Containers or clean refurbished Containers.

6. Commercial Hauler Route Reviews
In the first calendar year of the Agreement, and each calendar year thereafter, CONTRACTOR shall perform Hauler Route review inspections of the GRAY, BLUE, GREEN, or BROWN Containers of approximately 400 Commercial Customers allocated equally over each of CONTRACTOR’s Commercial GRAY Container Routes.

Example: If CONTRACTOR operates 7 GRAY Conta iner routes, 5 days per week, the 385 accounts to be inspected would be distributed over 35 routes, resulting in 11 account inspections per route.
[7 routes x 5 days = 35 daily routes; 385 inspections ] Roll-off Containers (debris boxes and stationary compactors) used regularly by Commercial customers are limited in their number and shall be included for selection for a Commercial Hauler Route review but shall be limited to two such Containers per calendar year.
a. Commercial Re -Inspections. Commercial Custome rs that fail an inspection shall be re - inspected within sixty (60) days following outreach by CONTRACTOR or CITY to that customer. Commercial Customers that fail a re -inspection shall be reported individually to the CITY for follow-up by the CITY. CONTRACTOR’s requirement to perform re -inspections shall be limited to 7 per calendar month. On an annual basis, every route will be reviewed based on the inspection schedule included in the written work plan.

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7. Residential Waste Evaluations
A Residential Waste Evaluation is the measurement of contamination found in a 200 -pound sample of waste taken from a route truck load of GRAY Container waste collected from Residential customers from a single route.
a. Frequency. Residential Waste Evaluations shall be performed on each GRAY Container route once each calendar year.

To accommodate CONTRACTOR’s available resources, Residential Waste Evaluations may be staggered over the course of the calendar year at CONTRACTOR’s discretion according to the written work plan.
b. Residential Waste Evaluation Procedures
In a Residential Waste Evaluation, an approximately 200 -pound sample is collected from a single load of GRAY Container waste from a daily route and analyzed for Prohibited Material.

CONTRACTOR shall adhere to the following procedures when conducting a Residential Waste Evaluation:
c. Frequency & Number. Residential Waste Evaluations shall be conducted once annually, on a load from each Residential GRAY Container route.

Example: If Contractor operates 3 Residential GRAY Container routes 5 days per week, 15 Waste Evaluations shall be performed. [3 routes x 5 days = 15 Waste Evaluations]
d. Load Sample. A Container load of at least 3-tons from which a sample is to be taken shall be delivered to a permitted solid waste facility and deposited onto a sorting area.

One sample of approximately 200 -pounds, randomly selected from different areas of the load, shall be removed from the load for examination.

For each 200 -pound sample, any Prohib ited Material shall be physically removed and weighed.

The percentage of contamination shall be determined by dividing the total weight of Prohibited Material by the total weight of the sample.

Example: If the sample weighs 200 -pounds and the total weight of Prohibited Materials is 40 -pounds, the computed percentage of Prohibited Materials is 20%.
[40-pounds Prohibited Material ¸ 200-pound sample weight = .20 = 20%]

8. Commercial Enforcement Inspections
Individual Enforcement Inspections shall be reserved for situations at Commercial establishments that are part of a CITY code enforcement action for excessive contamination or persistent non -participation.

Enforcement Inspections will not be deployed for Containers collected individually from Residential Customers.

When directed by CITY by a seven (7) day advance written notice, CONTRACTOR shall perform a n Enforcement Inspection of Containers used by a Commercial Customer. At CONTRACTOR’s sole discretion, such inspections may be performed at the Customer’s premises or at CONTRACTOR’s facility.

Item 3B - 136

Palm Springs Draft Agreement Page 109
CONTRACTOR shall be compensated by the Customer for the cost of a n Enforcement Inspection in accordance with the rates authorized in the approved Rate Schedule. Before commencing an Enforcement Inspection, CONTRACTOR shall provide Customer with a written estimate of the cost.

Enforcement Inspections shall be performed under the direct supervision of the CITY as a part of an enforcement action and shall consist of a physical inspection of each Container used by Customer to determine the percentage by weight of Prohibited Material present in each of Customer’s Containers.

CONTRACTOR’s inspections shall entail the following steps:

1. Identify the proper GRAY, BLUE, GREEN and/or BROWN Containers and confirming the associated Customer;

2. Weigh the contents of each Container;

3. Physically separate Prohibited Material from Accepted Material of each Container;

4. Weigh the Prohibited Materials recovered from each Container;

5. Compute the rate of Prohibited Material for each Container as a percentage of the total weight of the Container’s original contents;

6. Rate each Container as PASS or FAIL based upon the Contamination Threshold below; and,

7. Prepare and submit to City a report of the inspection which may include photographic findings. a. Contamination Thresholds . Prohibited Materials in Commercial Containers undergoing a Comprehensive Individual Inspection shall be evaluated based upon the Contamination Thresholds identified below:

Contamination Thresholds
Container Type % Contamination
Limit by Volume
GREEN (roll-off yard waste only)
GREEN (mixed organic)
BROWN
BLUE
GRAY
2%
10%
1%
20%
25%

Containers that exceed the percentage contamination limit shall be rated as FAIL.

After twelve-months, CITY and CONTRACTOR shall review the contamination thresholds and modify if warranted.
b. Limitation on Number of Enforcement Inspections. The Parties recognize that Enforcement Inspections require the use of limited resources and space and could detract from the overall outreach and education objective; therefore, the number of Enforcement Inspections shall be limited to not more than ten (10) per year with no more than two (2) such inspections performed in any thirty (30) day period.

If CITY requires additional inspections beyond those required to meet SB 1383 requirements, it may engage an independent party to perform those inspections.

F. ADDITIONAL SB 1383 REQUIREMENTS

1. Community Composting
Item 3B - 137

Palm Springs Draft Agreement Page 110
CONTRACTOR shall support any community compost program within CITY’s boundaries that is locally organized, operated by volunteers, properly sized and properly permitted in accordance with State requirements and the CITY Code by delivering sufficient quantities of food waste and/or mixed organic waste on demand within two (2) business days of the request, and at no charge to the community compost program or the CITY. CONTRACTOR offers no assurances as to the suitability of the material for use by the community composting program.

2. Recovered Organic Products
a. Recovered Organi c Product Giveaway . In conjunction with the semi-annual Community Clean-Up Drop-Off Event, CONTRACTOR shall provide up to 40-cubic yards of bulk compost or bulk mulch and satisfy the requirements of 14 CCR Sections 18993.1 and 18993.2 for distribution to CITY Residents who shall be allowed to fill containers that they provide on a first-come, first serve basis at no cost. CONTRACTOR shall deliver any compost and/or mulch remaining after the event to a site designated by CITY for use by CITY. Beyond the provision of recovered organic product giveaway at clean -up drop -off events and reporting CONTRACTOR’S own recovered organic product usage , CONTRACTOR shall have no further obligation with regard to the CITY’S recovered organic procurement target of 14 CCR Section 18993.1(c).
b. Recovered Organic Product Usage. CONTRACTOR shall report to CITY any recovered organic products used by CONTRACTOR in its operation including bulk material or recovered biogas.

3. Edible Food Recovery Assistance
CITY shall have the primary role and responsibility to arrange, monitor and enforce participation in a Commercial Edible Food Recovery Program. CITY shall create and maintain a listing that classifies Commercial establishments. CONTRACTOR shall assist CITY with its Edible Food Recovery Program by reporting new Commercial customers and providing Commercial Customers with information about the program.
a. Classification of Commercial Customers. As a part of the Organic Waste Recycling Program enrollment phase commencing January 1, 2022, CONTRACTOR, working with the CITY, shall classify all new Commercial customers as a ‘Tier One’ or a ‘Tier Two’ Edible Food Generators. b. Initial Report. Within thirty (30) days of the Effective Date of the Agreement, CONTRACTOR shall provide CITY information regarding new Commercial customers classifying them as Tier One and Tier Two Commercial Edible Food Generators which shall include:
• Customer name
• Service address
• Contact information
• Tier One or Tier Two classification
• Type of business
c. Annual Report. Commencing December 1, 2022, and annually thereafter, CONTRACTOR shall provide CITY with an updated report identifying Tier One and Tier Two Commercial Ed ible Food Generators.
d. Education. At least once annually in its Commercial quarterly newsletter, CONTRACTOR shall provide Commercial Customers with information about:

Item 3B - 138

Palm Springs Draft Agreement Page 111
• City’s Edible Food Recovery Program
• Requirements of Commercial Edible Food Generators under the SB 1383 Regulations (14 CCR, Chapter 12, Article 10)
• Food Recovery Organizations and Food Recovery Services • Actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste
G. CALRECYCLE REPORTING
Annually, within ninety (90) days following the end of each calendar year, CONTRACTOR shall produce the following reports for CITY:

1. Mandated Recycling Programs
a. Commercial Establishments
• The number required to recycle
• The number participating in recycling
• The number exempt from recycling by reason
• The number not participating in recycling
• Description of problems encountered with recycling by Commercial establishments b. Multi-Family Dwellings
• The number required to recycle
• The number participating in recycling
• The number exempt from recycling by reason
• The number not participating in recycling
• Description of problems encountered with recycling by Multi-Family complexes

2. Mandated Organic Waste Recycling Programs
a. Commercial Establishments – Green Waste
• The number required to recycle green waste
• The number participating in green waste recycling
• The number exempted from green waste recycling by reason • The number not participating in green waste recycling • Description of problems encountered with green waste recycling by Commercial establishments
b. Commercial Establishment – Food Waste
• The number required to recycle food waste
• The number participating in food waste recycling
• The number exempted from food waste recycling by reason Item 3B - 139

Palm Springs Draft Agreement Page 112
• The number not participating in food waste recycling
• Description of problems encountered with food waste recycling by Commercial establishments
c. Commercial Establishment – Mixed Organic Waste
• The number required to recycle mixed organic waste
• The number participating in mixed organic waste recycling • The number exempted from mixed organic waste recycling by reason • The number not participating in mixed organic waste recycling • Description of problems encountered with mixed orga nic waste recycling by Commercial establishments
d. Multi-Family Complexes – Green Waste
• The number required to recycle green waste
• The number participating in green waste recycling
• The number exempt from green waste recycling by reason • The number not participating in green waste recycling • Description of problems encountered with green waste recycling by Multi -Family complexes
e. Multi-Family Complexes – Mixed Organic Waste
• The number required to recycle mixed organic waste
• The number participating in mixed organic waste recycling • The number exempt from mixed organic waste recycling by reason • The number not participating in mixed organic waste recycling • Description of problems encountered with mixed organic waste recycling by Multi - Family complexes

3. Summary
A summary of enrollment, outreach, monitoring/inspections performed

Item 3B - 140
Palm Springs Draft Agreement Page 113
EXHIBIT 4: LIST OF CITY FACILITIES
CITY facilities will be provided all services listed Article 5.11 at no charge exclusive of C&D Debris generated from the removal, construction, remodeling or refurbishing of a CITY facility or public works project.

Collections at CITY facilities will be scheduled at a time mutually agreed upon by the CONTRACTOR and the CITY .
• Airport
• Animal Shelter
• City Hall
• City Corporate Yard
• Library Center
• Parks and Recreation Facilities
o Leisure Center-Pavilion-Swim Center-Sunrise Park
o Desert Highland Unity Center
o Demuth Park and Community Center
o Gateway Park
o Ruth Hardy Park
o Palm Springs (Angel) Stadium
o Tahquitz Creek Golf Resort
o Dr. R. G. Frey/Jaycee Building
• Public Safety Facilities
o Police Department
o El Cielo Road Headquarters Fire Station 2
o Racquet Club Road Fire Station 3
o Indian Canyon Drive Fire Station 1
o La Verne Way Fire Station 4
o Bolero Road Fire Station 5
• Tourism Facilities
o Convention Center
o Plaza Theater
o Village Green
o Visitor Information Center
Notwithstanding the listing of the current facilities, it is expressly understood that the CITY may from time to time add or subtract from the foregoing facilities, provided that the new facilities are owned or leased by the CITY or its affiliated or subordinate agencies.

Item 3B - 141
Palm Springs Draft Agreement Page 114
EXHIBIT 5: LIST OF CITY EVENTS
CONTRACTOR shall provide all necessary refuse and recyclable collection and disposal /processing services at the following events subject to the limitations noted below. Service needs may change over time due to participation, duration of events, and implementation of new events or deletion of current events. CITY may supplement this list by giving written notice to the CONTRACTOR of an additional CITY -sponsored event at least two (2) weeks before the event. All one-time annual event service, including increasing service, shall be provided by CONTRACTOR at no additional charge.

On-Going Weekly Events:

1. VillageFest, Downtown corridor (CONTRACTOR’S service to this event is limited to providing Containers for use by the public. Collection services are provided by CITY forces.) Annual Events:

1. Festival of Lights Parade, Downtown corridor

2. Veteran’s Day Parade, Downtown corridor

3. July 4th Celebration, Sunrise Park and Ruth Hardy Park

4. City Clean-ups, periodic events in unspecified Neighborhoods

5. Black History Parade and Festival, Downtown corridor and Frances Stevens Park

6. Pride Parade, Downtown corridor

7. Tour de Palm Springs, temporary route

8. Women Running Wild, temporary route

9. Palm Springs High School Homecoming Parade, Downtown corridor

10. Desert Aids Walk, Downtown corridor
Item 3B - 142

Palm Springs Draft Agreement Page 115
EXHIBIT 6: LIST OF DESIGNATED FACILITIES
Contractor designates the following Solid Waste Facilities for Solid Waste Collected in CITY.

1. Disposal Facilities
a. The Edom Hill Transfer Station (SWIS #33 -AA-0296), Cathedral City is the primary facility for the delivery and disposal of solid waste collected in the City. As of July 1, 2021, the Tip Fee at this facility is $56.01 per ton.

2. Mixed Recycling Facility
a. The Edom Hill Transfer Station (SWIS #33-AA-0296), Cathedral City is the primary facility for the delivery and diversion of source-separated mixed recycling. As of July 1, 2021, the Tip Fee at this facility is $91.64 per ton.

3. Green Waste Facility
a. The Edom Hill Transfer Station (SWIS #33 -AA-0296), Cathedral City is the primary facility for the delivery and diversion of mixed rec ycling. As of July 1, 2021, the Tip Fee at this facility is $51.49 per ton.

4. Organic Waste Facility
a. The Edom Hill Transfer Station (SWIS #33-AA-0296), Cathedral City is the primary facility for the delivery and diversion of source -separated food waste and c ommingled green waste and food waste. As of July 1, 2021, the Tip Fee at this facility $85. b. The Coachella Valley Compost (SWIS #33 -AA-0292), Coachella is a secondary facility for the delivery and diversion of source -separated food waste and commingled green waste and food waste. As of July 1, 2021, the Tip Fee at this facility is $75.00 per ton.

5. Metal and White Goods
a. SA Recycling (SWIS #33 -AA-0297), Thousand Palms is the primary facility for the delivery and diversion of metal and white goods. Tip fees at this facility vary by material type and market price.

6. Construction and Demolition Waste
a. Desert Recycling (SWIS #33-AA-0309), Thousand Palms is the primary facility for the delivery and diversion of construction and demolition waste. Tip Fees vary by material type.

7. Electronic Waste
a. Desert Arc (CEW #114349), Palm Desert is the primary facility for the delivery and diversion of construction and demolition waste. As of July 1, 2021 there is no tip fee at this facility.

Item 3B - 143
ATTACHMENT #7
Link to May 26, 2022 City
Council Staff Report and Backup
Information
Item 3B - 144
Due to the lengt
h of the document,
the May 26, 2022 City Council staff report and backup
documentation is available at the following link on the City website for reference purposes:

Item 3B - Attachment 7 (05-26-22 Staff Report)
(palmspringsca.gov)
For
ease of navigating the document, page numbers are provided as follows:
• Page 1 – May 26, 2022 Staff Report
• Page 10 – Draft Franchise Agreement
• Page 134 – Rate Proposal from PSDS (Please note that the base residential rate has been reduced as described in the June 16, 2022 memorandum)
• Page 164 – Supplement to Rate Proposal from PSDS
• Page 197 – Rate Proposal Review and Analysis and Findings by Sloan Vazquez McAfee
• Page 203 – Draft Proposition 218 Notice of Public Hearing Regarding Proposed Increases to Solid Waste Service Rates Item 3B - 145

CITY COUNCIL STAFF REPORT
06/16/2022 3. C.

City Clerk -

SUBJECT

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH JOHN

FRIEDMAN ALICE KIMM ARCHITECTS, A CALIFORNIA CORPORATION, FOR

ARCHITECTURAL DESIGN SERVICES FOR THE PALM SPRINGS NAVIGATION CENTER, CITY PROJECT NO. 22-05
RECOMMENDATION:

Approve Professional Services Agreement with John Friedman Alice Kimm Architects, a California corporation, in the amount of $860,640 for professional architectural and engineering design services for the Palm Springs Navigation Center, City Project No. 22-05.

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

Attachments
3C

CITY COUNCIL STAFF REPORT
DAT
E: June 16, 2022 NEW BUSINESS
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH JOHN

FRIEDMAN ALICE KIM M ARCHITECTS, A CALIFORNIA

CORPORATION, FOR ARCHITECTURAL DESIGN SERVICES FOR THE
PALM SPRINGS NAVIGATION CENTER, CITY PROJECT NO. 22-05
FROM: Justin Clifton, City Manager
BY: Engineering Division
SUMMARY:

Approv
al of the Professional Services Agreement with John Friedman Alice Kimm Architects (“JF -AK”), A California corporation, will allow the City to proceed with professional architectural and engineering design services for the Palm Springs Navigation Center (the “Project”), City Project No. 22-05, located at 3589 McCarthy Road (the “Site”).

RECOMMENDATION:

1. Appr
ove Professional Services Agreement No. _____ with John Friedman Alice Kimm Architects, a California corporation, in the amount of $8 60,640 for professional architectural and engineering design services for the Palm Springs Navigation Center, City Project No. 22-05.

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

BUSINESS PRINCIPAL DISCLOSURE:

The P
ublic Integrity Disclosure Form for JF-AK is included as Attachment A.

BACKGROUND:

The C
ity’s efforts to address homelessness spans several years and represent a significant investment of resources. This includes supporting Roy’s of the Valley (the County’s Homeless Shelter serving the western Coachella Valley); providing Crisis Teams to perform outreach and provide homeless individuals with resources; providing wrap-around services to assist individuals with securing available benefits and housing; funding Cool/Warm Centers during times of inclement weather; facilitating food distributions; providing transportation vouchers; and currently includes working with the Item 3C - 1
City Council Staff Report
June 16, 2022 -- Page 2
Award Professional Design Services – Navigation Center – City Project No. 22-05 Coachella Valley Association of Governments Housing First program to provide outreach to homeless individuals and to provide housing opportunities. All these efforts, however, have pointed to a deficiency of resources in the Western Coachella Valley where individuals can receive immediate shelter, interim housing, and supportive services.

A substantial amount of funding, however, has recently been made available by the Federal and State governments for homelessness assistance. The HomeKey program offered by the State of California Housing and Community Development Department (HCD) has allocated $3.75 billion for projects that rapidly (occupancy within 12 months) create housing by purchasing hotels, motels, and other buildings. In addition, the County of Riverside 4
th Supervisorial District also pledged to use $7 million of the $479 million it received in American Rescue Plan Act (ARPA) funding to assist the City with establishing a Navigation Center in the City of Palm Springs.

In January 2022 the City and County submitted a joint HomeKey2 application to request funding for construction of the Navigation Center, and reimbursement of the land acquisition costs totaling $19 million. Formal notification of the award of the Hom eKey2 Funds is anticipated by the first week of July 2022. G iven the time constraints of having the Project completed and occupied within 12 months, it is recommended the City Council approve a Professional Services Agreement with JF-AK for professional architectural and engineering design services for the Palm Springs Navigation Center. This would give staff to time to execute the agreement, and then have JF -AK in position to commence work immediately on the project pending notice and award of the HomeKey2 funds.

STAFF ANALYSIS:

St
aff prepared a Request for Proposals (RFP) soliciting proposals from qualified professional architectural firms to provide the City comprehensive architectural, civil, mechanical, electrical, lighting and landscape design services related to the Project. The scope of services includes schematic design, design development, construction documents, permitting assistance, bidding assistance, and construction observation.

On April 4, 2022, the City received complete proposals from the following four firms:
• Border Architects, Costa Mesa, CA
• SVA Architects, Inc., Santa Ana, CA
• John Freidman Alice Kimm Architects (JF-AK), Los Angeles, CA • NAC, Los Angeles, CA
An Evaluation Committee consisting of City and Riverside County Staff independently reviewed the proposals and evaluated them based on the criteria established in the RFP.

The Evaluation Committee unanimously agreed that JF-AK had put together the most qualified team to provide the requested services for the Project.

Item 3C - 2
City Council Staff Report
June 16, 2022 -- Page 3
Award Professional Design Services – Navigation Center – City Project No. 22-05 Staff reviewed JF- AK cost proposal and negotiated the final cost to be $860,640. The cost of the design services is approximately 7.5% of the estimated construction cost of $10,939.232 for project. A copy of the s ervices agreement that includes the proposal, schedule and cost is included as Attachment B.

ENVIRONMENTAL ASSESSMENT:

The agr
eement is for the purpose of establishing a low barrier navigation center, as that term is defined in California Government Code section 65660(a). Namely, the proposed navigation center is intended to provide a low -barrier, service-enriched shelter focuse d on moving people into permanent housing, that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

For purposes of the California Environmental Quality Act (Pub. Res. Code, §§ 21000 et. seq.) (“CEQA”), the City is the lead agency for the acquisition and operation of the Site.

In 2019, the California Legislature passed, and the Governor signed, Assembly Bill (AB) 101. AB 101 contained the Legislature’s determination that “low barrier navigation center developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and thus applicable to charter cities.” AB 101 (2019) makes low barrier navigation centers, such as what is proposed by the City and County at 3589 McCarthy Rd., a use by right. Pursuant to Government Code section 65660(b), added by AB 109, CEQA does not apply to any action taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a low barrier navigation center.

Therefore, because these funding agreements and the acquisition of 3589 McCarthy Rd. are for the purpose of approving a low barrier navigation center development, no further environmental review is required by CEQA. City staff will file a Notice of Exemption, on that basis, following the City Council’s approval of this agenda item.

ALIGNMENT WITH STRATEGIC PLANNING:

Th
e first major task in the FY 21/22 Strategic Plan for Quality of Life (1A) with the key objective to improve homelessness is to build a Navigation Center. Approval of this action facilitates the design component of building a new Navigation Center.

Navigation Centers serve as interim housing and connect individuals to permanent housing, making one of the most difficult steps more manageable. Navigation Centers are created to ensure that people can easily get access to housing, and they have staff that are trained in housing navigation and housing preparedness. Navigation Center staff focus on achieving the permanent housing goal while simultaneously addressing immediate needs – like shelter, short -term housing, employment, healthcare , or Item 3C - 3
City Council Staff Report
June 16, 2022 -- Page 4
Award Professional Design Services – Navigation Center – City Project No. 22-05 substance use disorder services. Navigation Centers act as a “hub” – a centralized location that provides many services that are easily accessible to people experiencing homelessness.

FISCAL IMPACT:

Appr
oval of this action would enter into a Professional Services Agreement with John Friedman Alice Kimm Architects, a California corporation, in the amount of $860 ,640 for professional architectural and engineering design services for the Palm Springs Navigation Center. Award of the HomeKey2 Funds in the approximate amount of $1 9 million is anticipated by the first week of July 2022. HCD has already made several HomeKey2 awards and has allocated sufficient funds in FY 22/23 to provide the award for the Palm Springs Navigation Center Project. In the interim, County ARPA Funds may be used for soft costs such as architectural and engineering design services for the Navigation Center in the City of Palm Springs.

REVIEWED BY:

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

A. Publ
ic Integrity Disclosure Forms
B. Service Agreement
Item 3C - 4
Attachment A – Public
Integrity Disclosure Form
1 ATTACHMENT “E”

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

5. Type of Entity
 Cor
poration  Limited Liability Company  Partnership  Trust  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
_____________________
_______________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other _________________________________
_____________________
_______________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other _________________________________
_____________________
_______________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other _________________________________
34 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects John Friedman Alice Kimm Architects
1461 E 4th Street, Los Angeles, CA 90033
California
Alice Kimm
John Friedman
CA S-Type
Item 3C - 5
X
X
X
2 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

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

Signature of Disclosing Party, Printed
Name, Title

Date

35 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects Alice Kimm
John Friedman
51%, John Friedman Alice Kimm Architects
49%, John Friedman Alice Kimm Architects
4 April 2022Alice Kimm FAIA, Principal
Item 3C - 6
Revised 2.9.22 Page 1 of 30

PROFESSIONAL SERVICES AGREEMENT A

JOHN FRIEDMAN ALICE KIM ARCHITECTS
PALM SPRINGS NAVIGATION CENTER, CITY PROJECT NO. 22-05
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into, and effective on _____________, 20__, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”) and JOHN FRIEDMAN ALICE KIM ARCHITECTS, a California Corporation, (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a Professional architectural and engineering design team, for the Palm Springs Navication Center, City Project No. 22-05 (“Project”).

B. Consultant has submitted to City a proposal to provide professional architectural and engineering design services, to City under the terms of this Agreement.

C. Consultant 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 Agreement.

D. City desires to retain Consultant to provide such professional services.

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

AGREEMENT

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced and well qualified members of the profession currently practicing under similar conditions.

1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Item 3C - 7
Revised 2.9.22 Page 2 of 30

Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Consultant’s Proposal, which are both attached as Exhibit “B”, respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, the City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties.

Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1 st) the provisions of the Scope of Services (Exhibit “A”); (2 nd) the provisions of the City’s Request for Proposal; (3 rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s Proposal.

1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work required by this Agreement. Consultant shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.

1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Consultant shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

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1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. 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.

1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Consultant. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services.

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of Eight Hundred Sixty Thousand Six Hundred and Forty Dollars , ($860,640) ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identified in the Scope of Services may be more costly and/or time- consuming than Consultant anticipates, that Consultant 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. If the City’s Maximum Contract Amount is reached before the Consultant’s Services under this Agreement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.

2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such Item 3C - 9
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reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.

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

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

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

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

The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit “B”), incorporated herein by this reference. Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.

3.2 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.

3.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); Item 3C - 10
Revised 2.9.22 Page 5 of 30

and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 18 months, commencing on July 1, 2022, and ending on December 31, 2023 , unless extended by mutual written agreement of the Parties. However, the term shall not exceed three (3) years from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above.

3.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Alice Kimm, Princiapl-in-Charge. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer Item 3C - 11
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fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City.

All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.

4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.

A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

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B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations.

4.5 California Labor Code Requirements .

A. Consultant is aware of the requirements of California Labor Code Sections 1720
et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

5. INSURANCE

5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and Item 3C - 13
Revised 2.9.22 Page 8 of 30

expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:

A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.

(1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.

(2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.

(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, Item 3C - 14
Revised 2.9.22 Page 9 of 30

in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.

D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.

E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.

5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self- insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement:

A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

B. Any failure to comply with reporting or other provisions of the policies, Item 3C - 15
Revised 2.9.22 Page 10 of 30
including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.

C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.

F. Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engaged in the Project will be submitted to the City for review.

G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.

H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.

I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not Item 3C - 16
Revised 2.9.22 Page 11 of 30

intended by any party or insured to be limiting or all-inclusive.

J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.

K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.

L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.

5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.

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

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

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

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

Item 3C - 17
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C. " Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

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

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.

6. INDEMNIFICATION

6.1 Indemnification and Reimbursement . To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

6.2 Design Professional Services Indemnification and Reimbursement . If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining Item 3C - 18
Revised 2.9.22 Page 13 of 30

a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

7. REPORTS AND RECORDS

7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subConsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.

Item 3C - 19
Revised 2.9.22 Page 14 of 30

7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.

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

8.3 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.

A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.5.

B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section Item 3C - 20
Revised 2.9.22 Page 15 of 30

8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.

8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.

8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative 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.

8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the Item 3C - 21
Revised 2.9.22 Page 16 of 30

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

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e ., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant 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, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant 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 Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise:

A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall Item 3C - 22
Revised 2.9.22 Page 17 of 30

not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

10.2 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. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332

To Consultant: John Friedman Alice Kimm Architects
1461 E. 4th Street
Los Angeles, CA 90033
Attention: Alice Kimm, FAA Princiapl-in-Charge
Telephone: 213-253-4740

10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

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

10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of Item 3C - 23
Revised 2.9.22 Page 18 of 30

this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

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

10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

10.9 Counterparts . This Agreement may be signed in counterparts, each of which shall constitute an original.

11. GRANT AND FEDERAL PROVISIONS

Funds from the State of California and the Coronavirus State and Local Fiscal Recovery Fund (“SLFRF”) will be used to fund all or a portion of this Agreement. Consultant shall comply with all state and federal requirements including, but not limited to, the following (as applicable):

1. Sections 602 and 603 fo the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021, U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Fund Award Terms and Conditions, Treasury’s Final Rule, and SLFRF reporting requirements, as appilcable (collectively, the “SLFRF Compliance Requirements”).

The SLFRF Compliance Requirements are expressly incorporated herein by reference.

2. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.

3. Federal Contract Provisions attached hereto as Exhibit “C” and incorporated herein by reference.

4. The Grant Ageement between the State of California and City of Palm Springs, which is expressly incorporated herein by reference.

Item 3C - 24
Revised 2.9.22 Page 19 of 30

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the Agreement, including but not limited to, SLFRF Compliance Requirements, 2 C.F.R. Part 200, SLFRF Federal Contract Provisions, and the Grant Ageement between the State of California and City of Palm Springs.

With respect to any conflict between such federal requirements and the terms herein and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

[SIGNATURES ON NEXT PAGE]
Item 3C - 25
Revised 2.9.22 Page 20 of 30

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND JOHN FRIEDMAN ALICE KIMM ARCHITECTS

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Monique Lomeli,
City Attorney Interim City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 3C - 26
Revised 2.9.22 Page 21 of 30

EXHIBIT “A”

SCOPE OF SERVICES

Item 3C - 27
Response to RFP E-22-05:

Architectural Design
Services for
Navigation Center
Respectfully Submitted to:
4 April 2022
John Friedman Alice Kimm Architects 1461 E 4th Street
Los Angeles, CA 90033
213 253 4740
jfak.net
Item 3C - 28
1 Cover Letter .................................................................................... 1 2 Firm Qualifications ....................................................................... 3 3 Organization Chart ....................................................................... 7 4 Project Team .................................................................................... 8 5 General Approach to Providing the Scope of Work ..................... 14 6 Reference Projects ........................................................................ 18 NA VIG8: CD 8 Homeless Navigation Center (18-19)
P almdale SAVES Homeless Navigation Center (20-21)
L a Kretz Innovation Campus (LKIC) (22-23)
Kinr oss Recreation Center, UCLA (24-25)
L ACDA Fast-Track Housing Supply Prototype (26-27)
Pio Pic o Pocket Park and Parking Structure (28-29)
Open S ource Homelessness Initiative (OSHI) (30)
7 Forms

A ttachment B
A ttachment C
A ttachment D
A ttachment E
8 Appendix: Subconsultant Resumes
MEP Engineer - Salas O’Brien
Ligh ting - ALD Lighting
Civil Engineer - VCA
L andscape Architect - Office of the Designed Landscape S tructural Engineer (if needed) - Englekirk
Cost Proposal - Separate Document
Table of Contents
Item 3C - 29
1 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects 4 April 2022
Evaluation Committee
City of Palm Springs
Via PlanetBids System
Reference: Re sponse to RFP E-22-05, City of Palm Springs Architectural Design for Navigation Center Dear Members of the Evaluation Committee:

We at John Friedman Alice Kimm Architects (JFAK) are very pleased to submit this response to your RFP to provide the architectural services outlined in your RFP E-22-05. Your RFP resonates strongly with us because of our deep commitment to the challenges surrounding affordable housing, homelessness, and equity. This commitment has led us to seek out and successfully deliver projects that uplift, humanize, and dignify individuals in need, through architecture that is civic-scaled, welcoming, inspiring, and open. Many of these projects, as well as others in our portfolio, evidence our expertise in the types of programs that will be housed at this site - including job training facilities; computer classrooms; offices; both indoor and outdoor fitness environments; laundry, hygiene, and storage facilities; parking lots; housing; playgrounds and outdoor spaces; kitchen and dining facilities; and shade structures. In addition, we have delivered several successful projects using modular building construction, and are renowned for our transformative adaptive reuse work.

Importantly, we delivered a very successful Homeless Navigation Center for the City of LA’s Council District 8 a little over a year ago. Named NAVIG8, it provides personal storage, hygiene, laundry, and informal job training and counseling to unhoused individuals in and around CD8’s South LA neighborhood. Councilperson Marqueece Dawson-Harris has stated that NAVIG8 is one of the projects in his district that he is most proud of, because it provides an uplifting environment that is respectful and welcoming, in addition to creating an iconic civic presence in its neighborhood context. In addition, we recently completed a feasibility study for a new Homeless Navigation Center for the City of Palmdale, within which the primary tenant, SAVES Food Bank, will occupy the ground level and provide a symbolic as well as literal foundation for emergency transitional housing located on its upper floors. Like NAVIG8, the SAVES Navigation Center will establish a prominent, iconic presence in its context, and be welcoming and civic in scale.

We thus bring to the City of Palm Springs a deep, heartfelt commitment to the work and project at hand. We understand its urgency, the funding constraints that will impact the project’s schedule, and the necessity to be nimble and to work hand-in-hand with the City of Palm Springs to find the best delivery method, the best and most efficient modular building company, and the most efficient project management workflow.

We are ready. We have worked in similarly urgent contexts before, and have been successful. Our own methodology is highly collaborative, and our communication skills are superlative. Together, we can work with the City of Palm Springs, as we have with other cities including Los Angeles, Palmdale, Fremont, and Anaheim, to find the best path to delivering a fantastic project to serve all of its constituents. I will personally take charge of the project, and you’ll find in me a passionate, committed advocate for the project, its mission, and its successful and uplifting delivery.

We understand what needs to be done
As noted or suggested above, JFAK has delivered many successful projects, both new construction and adaptive reuse / renovation, across a wide range of program and building types, many of them relevant to this project.

Our expertise and know-how therefore run very deep. We are also adept site and master planners, and have designed public spaces, parks, institutional and higher education campus quads, and public monuments and installations.

Ultimately, this wide range of experience has given us an extraordinary ability to work in complex or downright difficult contexts, innovate with program, resolve conflicts and overlaps in user groups’ needs and aspirations, and bring fresh insight to old and sometimes very tired spaces and sites. We love our work, and that contributes to why we are good at it. For us, the work is about addressing design challenges at multiple scales - so that the big picture is given as much consideration as the smallest problem, so that the construction detail is as John Friedman Alice Kimm Architects 1461 E 4th Street
Los Angeles, CA 90033
213 253 4740
jfak.net
Item 3C - 30

JF( )AK
2 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects Alice Kimm, FAIA
Project Principal
Main Point of Contact
[email protected]
213 700 4740
Ilaria Mazzoleni
Project Manager
Derek Greene
Senior Associate
Project Designer
Adelfrid
Ramirez
Designer
finely wrought as the overall planning, massing, and siting strategy. This ability to design holistically allows us to achieve an “integrated sustainability” - the creation of resilient physical environments that are functional yet inspiring, economical yet soaring, high-performance yet joyful. We delight in these dualities, and achieving balance between all of these qualities gives our architecture its relevance as well as its delight and inspiration.

We can accelerate schedules and expedite projects
We have delivered multiple projects under extremely tight time-frames. There is no magic bullet - we read fine print, follow directions, listen, and produce extremely rigorous, well-coordinated, and detailed submittals.

This means that we provide superior service not just with respect to design, but also with respect to project management, entitlements, construction documentation, and construction oversight. We ask: What is the point of great design if it is not properly detailed, and delivered on time and on budget? This holistic picture translates into a highly coordinated workflow that results in streamlined, efficient, and smooth project delivery with minimal change orders, delays, or confusion. We can deliver your project in the approximately one-year timeframe noted in your RFP - as long as all members of the entire project team - from the City, stakeholders, General Contractor, modular building company, and design/engineering firms - are fully committed to doing so.

We commit ourselves to this achievement.

Experience with similar kinds of work
We are active in efforts to end homelessness on many levels. In addition to the NAVIG8 and Palmdale SAVES Navigation Center mentioned above, we have extensive experience in the design of housing. Recently, we were awarded both Tiny Homes and Prefab Homes Demonstration Fast-Track Housing projects by Los Angeles County Development Authority (these are on hold given siting and funding issues). We have delivered two successful very-low-income senior housing projects in Los Angeles, and numerous market-rate family and single- family residential projects. In addition, a public art installation we designed for United Way of Greater Los Angeles Los Angeles (UWLA) was unveiled at SoFi Stadium last October, and will be up and on display again in May. As part of UWLA’s “Everyone In” campaign to end homelessness, this interactive civic piece is called “Listen In” - it asks people to visit, listen, learn, reflect, and then take part in collective action to end homelessness.

Finally, we have formed a non-profit organization called Open Source Homelessness Initiative (oshi-la.org), an open-source platform for sharing knowledge, resources, and tools that connect architects, policy makers, other non-profits, and cities to accelerate innovation in the design of housing and support facilities.

Experience Working with Cities and Public Agencies
JFAK has a strong record of working successfully with public agencies, having designed facilities for many City organizations including LA BOE, LACCD, LAUSD, LADWP, LASAN, LANI, Anaheim PUD, and others. Two of our projects - LA Design Center and La Kretz Innovation Campus - won the Rudy Bruner Silver Medal for Urban Excellence, in 2007 and 2017. JFAK is the only firm to have been so honored twice.

JFAK is proudly MBE/WBE/SBE with a quality staff who can get the job done JFAK is MBE/WBE/SBE-certified. We are committed to equal opportunity employment and prohibit unlawful discrimination. Our distinctively diverse team will apply extra-ordinary thought and effort to the creation of your City’s Navigation Center. Please do not hesitate to contact us with any questions.

Respectfully Submitted,
Team JFAK
John Friedman, FAIA
Project Design Lead
Item 3C - 31
2 Firm
Qualifications
Item 3C - 32
Firm Name

Location
Firm Website
Legal
Structure
No. of Employees
Statement
Regarding
Small Business
Designation and
Status
Sustainable
Design
Honors, Media,
and Distinctions
John Friedman Alice Kimm Architects (JFAK)
1461 E 4th Street, Los Angeles, CA 90033
jfak.net
Founded 1996, California S-Corporation
Officers: Alice Kimm, Partner (51%), John Friedman, Partner (49%) 19 FTE, including 2 Licensed Architect Partners and 1 Licensed Architect We are a small, woman-, and minority-owned business enterprise (certified SBE, WBE, and MBE). Our staff makeup is 53% minority and 47% women.

We celebrate With the belief that the more inclusive we are, the stronger our architecture will be, we have built a workforce and project teams with members who encompass a variety of backgrounds, perspectives, and skills. In fact, the aspiration to be inclusive ties directly into JFAK’s sensitive response to place, culture, and identity, and this is one of the recognized hallmarks of the architecture we create.

Currently Active Certifications:
• Minority-owned Business Enterprise (MBE), City of LA, County of LA • Women-owned Business Enterprise (WBE), City of LA, County of LA • Small Business Enterprise (SBE), State of CA DGS
Sustainability for us at JFAK is a set of values that describes how we practice, collaborate, design, and live our lives. We have delivered numerous successful and award-winning “green” projects, including three LEED-Platinum, one WELL-Gold, and one LEED-Gold projects. Our work with LEED and other certification processes ensures smooth and comprehensive delivery of all required sustainability-related documentation and commissioning materials, when desired or required.

Our design achievements are evidenced by the numerous honors and recognition received. Both Alice and John were named Fellows of the American Institute of Architects (FAIA), the highest privilege accorded to American architects, for their exceptional work and contributions to architecture and society. They were selected by The Architectural League of New York as ‘Emerging Voices’ in 2003. Alice was invited to give a TEDx talk in 2015, and the firm has won two Rudy Bruner Awards for Urban Excellence, the only firm to receive this notable distinction twice. The firm is the recipient of over 100 major design honors, including over 25 AIA design awards.

Both partners lecture widely and are noted university educators. They have served on faculty at leading institutions including USC. This ongoing activity manifests itself in an extraordinary responsiveness to the aspirations and needs of extended communities of all types and constituencies.

Firm Profile
3 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects Item 3C - 33
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Firm History
4 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects Palmdale SAVES
Navigation Center
Evolution
CD8 Homeless
Navigation Center
La Kretz Innovation
Campus (LKIC)
In the mid-1990’s, John and Alice began contributing to the reintroduction of color and texture, spatial imagination, craftsmanship, and humor as powerful design tools to express community identity and shape contemporary culture. Progressive early projects such as Club Sugar and LA Design Center were followed by resilient, inclusive learning environments for Caltech, Claremont McKenna College, and LA Unified School District, among others. Concurrently, JFAK’s mandate to deliver an accessible “integrated sustainability” led the firm to partner with socially- oriented cities including Los Angeles and Anaheim and nonprofits including LA Cleantech Incubator and The United Way to create community- centered environments and installations. Recently, John and Alice, with several collaborators, launched Open Source Homelessness Initiative (OSHI), a 501(c)3 organization that accelerates innovations to eradicate homelessness. Through their architecture and activism, John and Alice are fulfilling the promise they made to catalyze social change as two of The Arch League of NY’s 2003 Emerging Voices.

There are many aspects to architecture – so many issues to address, problems to solve, desires and needs to meet - but underlying any project or body of work is always a set of constants that, whether intended or not, holds the designers’ work together, reveals their reasons for being in the discipline: what they value, love, wish to achieve. At JFAK, we take on projects based on just two simple criteria: Is there a design challenge? And is there a social component, the potential to make a positive difference in the community? Because for us, beneath the spatial and formal shapes, choices in material and color, humor and language, the goal is always to merge our two criteria, to explore the possibilities and limits of creativity that create community and inclusion, meaning and identity, wonder and joy, all while improving and protecting our environment.

Inspiration
Item 3C - 34
Firm Qualifications and Experience
5 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects As noted in our Cover Letter and highlighted in our Relevant Projects section, JFAK delivered a highly lauded Homeless Navigation Center for the City of LA’s Council District 8 a little over a year ago. Named NAVIG8 and already awarded numerous design honors, it provides personal storage, hygiene, laundry, and informal job training and counseling to unhoused individuals located in and around CD8 in South LA. NAVIG8 provides an uplifting, dignified environment that is welcoming as well as iconic in the neighborhood. In addition, we recently completed a study for the new City of Palmdale’s SAVES Navigation Center, within which SAVES Food Bank will occupy the ground level with emergency transitional housing on the upper levels. The project will move forward once funding is available. Like NAVIG8, the Palmdale SAVES Navigation Center will establish a prominent, iconic presence in its context, and be welcoming and civic in scale.

Additionally, and also highlighted in our Relevant Projects section and mentioned in our Cover Letter, JFAK has ample experience in designing the types of programs that will occupy the Palm Springs Navigation Center. These include offices, classrooms and training facilities, outdoor gathering and recreational spaces with shade structures, fitness facilities (both indoor and outdoor), kitchen and dining functions, residences, modular construction units, and parking.

Public agencies on behalf of which JFAK has provided similar services:
• City of Anaheim Public Utilities Department (APUD)
• City of Los Angeles Bureau of Engineering (BOE)
• National Endowment for the Arts (NEA)
• Los Angeles County Development Authority (LACDA)
• State of CA Department of General Services (CA DGS)
• Los Angeles County Development Authority (LACDA)
• City of Palmdale Public Housing Authority (PHA)
• University of California (UC) System
• City of Palmdale Public Housing Authority (PHA)
• University of California (UC) System
• Los Angeles Homeless Services Authority (LAHSA)
• City of Los Angeles Council District 8 (CD8)
• City of Los Angeles Department of Cultural Affairs (DCA) • Los Angeles Department of Water and Power (LADWP)
JFAK has been committed to serving the public realm since its founding. For the past two and a half decades, we have designed uplifting and inspiring public physical environments for communities across California, including schools, wellness / recreation centers, parks, public art / temporary pavilion installations and monuments, parking structures, and commericial / institutional campuses that are open and accessible to their communities. This has resulted in many distinctions, including JFAK being the only firm to be awarded a Bruner Foundation Medal twice in the foundation’s history. Currently, in addition to our numerous publicly funded projects in design, we have under construction a public elementary school caility for LAUSD, a new alumni center for CSU Long Beach, and a tenant improvement for a state government building in Van Nuys.

Experience
in Delivering
Navigation
Centers
Public Agency
Clients
Experience with
Publicly Funded
Projects
Item 3C - 35
Civil Engineer: VCA
Experience in navigation center or similar projects:
• We have vast experience with municipal buildings
focused on public work improvements, street
rehabilitation and widening, underground utilities,
street lights, traffic signalization and striping/
signage.

Experience on state and/or federally funded projects:
• We are accustomed to working with local agencies
to meet their requirements for plan checking,
permitting, as-built preparation, and project
close-out. We have particular expertise working
in fast-track mode, preparing our engineering
submittals with several construction phases and/or
simultaneous multiple general contractors.

MEP Engineer: Salas O’Brien
Experience in navigation center or similar projects:
• We are a national, full service firm founded in 1975
working with municipalities throughout California
(1,400+ employees). We understand the intricacies
involved in the renovation, expansion, modernization,
and construction administration of existing
municipal buildings and systems
Experience on state and/or federally funded projects:
• We serve a wide range of public and governmental
agencies, including cities, counties, state agencies
and universities, federal and military entities, school districts, and water, wastewater, and transportation
districts. We have a deep understanding of the
challenges facing public entities in California and
important opportunities that exist for funding and
financing sustainable projects. We work closely with
most of the utilities throughout the state to address
clients’ energy and infrastructure issues.

Other public agencies firm is providing similar services:
• Counties of Orange, Palo Alto, Riverside, San
Bernardino, and Santa Clara
• Cities of Daly City, Foster City, Redwood City, San
Bruno, San Carlos, San Luis Obispo, San Jose, Santa
Clara, Santa Monica, Santa Fe Springs, Sunnyvale,
and Thousand Oaks
Landscape Architecture: Office of the Designed
Landscape
Experience in navigation center or similar projects:
• OotDL provided landscape design services for two
houseless shelter projects under City of Los Angeles
programs, as well as for JFAK’s NAVIG8: CD8
Homeless Navigation Center. The latter included LID
coordination. In addition, OotDL provided consulting
services on multiple projects in Thermal CA from
schematic design through construction observation.
* Resumes and firm profiles of all subconsultants listed above can be found in the Appendix.

Subconsultant Qualifications and Experience *
Experience on state and/or federally funded projects:
• OotDL has been involved in projects with state grant
funding. and fully understands funding requirements
related to project scope, budget, and schedule.

Other public agencies firm is providing similar services:
• OotDL’s work is typically contracted through the
prime consultant on similar projects. We are
working on projects that include houseless shelters,
schools, and parks with LAUSD, City of LA Bureau of
Engineering, and various nonprofit organizations.

Lighting Designer: ALD
Experience in navigation center or similar projects:
• We are currently working with Heart of Los Angeles
(HOLA), which gives underserved kids an equal
chance to succeed through a comprehensive array of
after-school academic, arts, athletics, and wellness
programs.

Experience on state and/or federally funded projects:
• Much of our work is with public agencies, dealing
with state-funded work
Other public agencies firm is providing similar services:
• We have worked on many public projects with the
CSU system, UC system, and the Community College
District of Los Angeles
Structural Engineer: Englekirk
Experience in navigation center or similar projects:
• We engineered a number of supportive housing
options through the “A Bridge Home” program that
took “advantage of a new state law that enables
cities to construct bridge housing — faster than ever
before — on any land owned or leased by the City.”
‒ A Bridge Home Shelter at Schrader
‒ LA Bridge Housing CD 09 2817 S. Hope
‒ LA Bridge Housing VA West Campus
‒ A Bridge Home Shelter – CD10 Koreatown
‒ LA Bridge Housing CD 15 828 Eubank Street
Experience on state and/or federally funded projects:
• Our firm has intimate project knowledge gained
from working with public agencies through projects
at the local, state and federal levels. We have worked
with these agencies on new construction as well
as renovation of existing structures. The breadth
of projects we have designed has covered housing,
office buildings, parking structures, civic structures, essential services, education and justice.

Other public agencies firm is providing similar services:
• General Services Administration (GSA), California
Courts, City & State Agencies, and CSU & UC
System (State and Local Level)
6 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects Item 3C - 36
3 Organization
Chart
Item 3C - 37
*Our recommendations
include: Plant Prefab,
ConnectHomes, and
Design Space Modular -
however, there are many
others.
**We believe that the
work of a structural
engineer will be necessary
for this project, so we
have included the services
of Englekirk.
7 Landscape
Design
OotDL
Esther Margulies
Principal
Organization Chart
JFAK
Architects
Adelfrid Ramirez
Design Team
Member
Civil
Engineering
VCA
Virgil Aoanan
Principal
Structural
Engineering**
Englekirk
Vladimir Volnyy
Principal
JFAK
Architects
John Friedman
Design Lead
MEP
Engineering
Salas O’Brien
Andy Chan
Principal
JFAK
Architects
Alice Kimm
Principal-in-Charge
Lighting
Design
ALD
John Martin
Principal
JFAK
Architects
Derek Greene
Project
Designer
City of
Palm Springs
JFAK
Architects
Ilaria Mazzoleni
Project
Manager
Modular Building
Company*
TBD
City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects Item 3C - 38
4 Project
Team
Item 3C - 39
Key Project Team Member Experience and Skills
Our Collaborative and Accessible Team - Key Team Members Detailed resumes of our 5 key JFAK team members - Alice, Ilaria, John, Derek, and Adelfrid, can be found on the following pages. Please, however, note the additional following information:

Alice Kimm FAIA will be the Princpal-in-Charge, and will oversee every aspect of the project, working particularly closely with Ilaria Mazzoleni, our Project Manager, and Principal John Friedman, our Lead Designer.. A passionate advocate for underserved communities and an experienced, passionate designer of housing, public spaces, and campuses that include work and training spaces as well as parking lots and shade structures, Alice has over three decades of design and project management experience. She also brings to the table a concentrated experience in interfacing with public agencies and local governments, and she is JFAK’s most seasoned entitlements expert. She led JFAK’s work on the Palmdale Navigation Center, La Kretz Innovation Campus, LACDA Fast-Track Demonstration Housing projects (using modular building units), and Pio Pico Park. She also led the effort to establish JFAK’s non-profit, Open Source Homelessness Initiative (OSHI) and continues to coordinate the work of OSHI. She will bring a special expertise and empathy to this project.

Ilaria Mazzoleni brings more than two decades of project management and design experience to the table. The author of many housing design projects (both unbuilt and built), as well as a senior project manager who has shepherded numerous civic projects to successful delivery on behalf of JFAK and her previous firms, she brings a sure hand to the day-to-day management, coordination, and oversight of both large and small projects to the table. Her particular sensitivity with issues of site and context has led to the successful delivery of JFAK’s design for Pio Pico Pocket Park, for which she is the Project Manager as well as co-Lead Designer. That project’s permit is Ready to Issue. Also Ready to Issue (with construction on hold for one year pending completion of a separate project on the same campus) is the permit for the Donald C Tillman Water Reclamation Plant’s Main Office Building, for LA Sanitation. Located on a site with a beautiful Japanese Garden and iconic modernist Administration Building, this building blends sensitivity to site/context with a bold and iconic new design that will serve as a model of resilient building. Ilaria was Project Manager of JFAK’s successful double award from LACDA for its Fast-Track Demonstration Housing. Ilaria will be responsible for the day-to-day coordination of all elements of the architectural design services, and will work closely wtih Alice to ensure tight quality assurance and quality control over the project from conception to completion. She will have primary responsibilty, with Derek, for Construction Administration. Alice and Ilaria will together interact with City staff, be present at all meetings, and be on every email and correspondence. They will operate as a unit in connecting with the City.

John Friedman FAIA is an expert in all facets of design - he is an innovative and exceptionally clear master planner and programmer, deeply experienced in the design of housing at all scales from single family housees to multifamily towers, designed and delivered JFAK’s modular building projects - City of LA’s NAVIG8: CD8 Homeless Navigation Center, and UCLA’s Kinross Recreation Center. His rigor and thoroughness in addressing all facets of design - from site issues to the most minute detail - while producing bold, innovative, fluid, and inspiring physical spaces, rounds out JFAK’s proposed executive management, project management, and design core. John will work very closely with Ilaria and Alice throughout the design phases, will provide quality control and assurance on the Construction Documents (overseeing, with Ilaria, the work of Derek and Adelfrid as described below), and will ensure that every detail in the Construction Documents is vetted and constructable.

Derek Greene, JFAK’s Senior Associate and a seasoned and expert project and production manager, will make sure that all aspects of the project’s Contract Documentation are well-coordinated and that all deliverables are complete, as well as rigorously and legibly presented. Once construction commences, he will work closely with Ilaria on Construction Oversight. Note that he was the Project Manager and Production Manager for our completed City of LA NAVIG8: CD8 Homeless Navigation Center, as well for our completed City of Palmdale Navigation Center study.

Finally, a native SoCal resident, Adelfrid Ramirez will bring his prodigious graphic, digital, and design skills to bear on this project, and will work closely with the other members of the JFAK team to deliver a tight set of Construction Documents and an inspiring, uplifting design. He will provide assistance as necesssary throughout construction as well.

Finally, note that one unique aspect of our project organization is that you will have not one, but two, principals integrally involved on this project. Having both Alice and John, as well as PM Ilaria, available to you at all times will ensure that the project is delivered efficiently, quickly, and on budget, with no sacrifice in design quality. 8 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects Item 3C - 40
Resumes of Key Project Team Members
Alice Kimm FAIA, Principal
Principal-in-Charge
Project Role
Principal-in-Charge
Registration
Licensed Architect,
California #25438
Education
Master of Architecture,
Harvard University (1990)
Bachelor of Arts in Economics,
Cornell University (1986)
Certifications
LEED AP BD+C, USGBC (BD+C)
Affiliations
American Institute of Architects (AIA),
College of Fellows, Elected Member

USC School of Architecture, Chair
/ Director of Undergraduate
Architecture (2010-2014); Adjunct
Professor (2014-2017)

Los Angeles Forum for Architecture
and Urbanism, Advisory Board (2015-
2019)
Government Services Administration,
Design Excellence Program, Appointed
Peer Panelist (since 2008)
Co-Founder and Director, Open
Source Homelessness Initiative - OSHI
(2020 to Current)
Board of Directors, SoCal Squash
Racquets Asssociation, co-Chair of
outdoor community squash initiative
Alice has over 30 years of experience in the field of architecture and co-founded JFAK in 1996. She is a recognized industry leader in educational, residential, and commercial design, and has worked with many public institutions and city agencies on the way to delivering successful civic works. Alice was Principal-in-Charge for JFAK’s La Kretz Innovation Campus project, winner of numerous honors including the 2017 Rudy Bruner Silver Medal for Urban Excellence. She is currently overseeing the Associated Students Bike Shop at UCSB as well as Wonderland Elementary School for LAUSD, both currently in construction.Contact
[email protected]
213 253 4740 x700 Highlighted Relevant Experience and Role City of Palmdale SAVES Navigation Center
Palmdale, CA (Principal-in-Charge)
NAVIG8: City of LA, CD8 Homeless Navigation Center
Los Angeles, CA (Consulting Principal)
Iovine and Young Academy Progressive HS #1
Los Angeles, CA (Principal-in-Charge)
UCSB Associated Students Bike Shop
Santa Barbara, CA (Principal-in-Charge and Project Designer) La Kretz Innovation Campus + Arts District Park
Los Angeles, CA (Principal-in-Charge)
Wonderland Elementary School
Los Angeles, CA (Principal-in-Charge)
City of Anaheim Sustainability Education Center and CQB Anaheim, CA (Principal-in-Charge)
Koreatown Gateway
Los Angeles, CA (Principal-in-Charge and Project Designer) UCLA Bruin Fitness Center
Los Angeles, CA (Principal-in-Charge and Project Designer Personal
Alice serves on the board of SoCal Squash Association, which governs the game of squash in SoCal. She is committed to growing a new community squash movement in Los Angeles
that will bring squash to underserved communities and introduce hundreds of kids to a new sport as a way of promoting academic and physical wellness and opportunity. In addition, Alice believes in the mission of OSHI; it provides a new centralized platform for information, resources, best practices, and design case studies in order to accelerate innovative homelessness solutions. The OSHI platform also showcases art created by and on behalf of homeless individuals as a way of dignifying and humanizing homelessness, and celebrating the power and humanity of individual creativity and artistic production. Outside of JFAK, OSHI, and squash, Alice spends time reading and writing, and hanging out with her and John's three children.
9 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects Item 3C - 41
Resumes of Key Project Team Members
Ilaria Mazzoleni, Senior Designer and Senior Project Manager Project Manager
Contact
[email protected]
213 253 4740 x009
Role
Project Architect
Education
University of Southern California
(USC), Master of Building Science
Polytechnic di Milano (PoliMi),
Bachelor of Science in Architecture
Experience
20+ years
Software
AutoCAD, Adobe Creative Suite,
Microsoft Office
Ilaria Mazzoleni has over 20 years of professional experience working on public and institutional projects in the field of architecture and urban design. Since joining JFAK in 2018, she has been managing several project teams as design leader and project manager. She is responsible for managing and designing public projects for the City of Los Angeles and Los Angeles Unified School District, among other institutional projects.

Selected Relevant Experience
Chapman University Rinker Campus Vision and Master Plan Irvine, CA (Senior Project Manager and Designer)
Pio Pico Public Library Pocket Park and Parking Structure Los Angeles, CA (Senior Project Manager and Designer)
Donald C. Tillman Water Reclamation Plant
Maintenance and Office Facility
Van Nuys, CA (Senior Project Manager and Designer)
Donald C. Tillman Water Reclamation Plant
Ancillary Warehouse Facility
Van Nuys, CA (Senior Project Manager and Designer)
Police station at UCSD*
San Diego, CA (Job Captain)
William H. Foege Building, University of Washington, Seattle* Seattle, WA (Junior Designer)
*completed prior to joining JFAK
Ilaria hails from Italy. Her conceptual work has been published globally and her built work can be found in Italy, California, and Ghana. Ilaria has gained attention in the area of sustainability and over the years has been invited to participate in international conferences and workshops on this subject. Her written contributions have been widely published in international design magazines. A seasoned and dedicated instructor, she taught design, theory, and building science seminars for many years at schools including Southern California Institute of Architecture, CalArts, and USC. Her research on sustainable architecture at all scales of design focuses particularly on biomimicry, in which innovation is inspired by the processes and functions of organisms and patterns found in nature. She is the author of a 2013 ibook on the subject that is titled Architecture Follows Nature – Biomimetic Principles for Innovative Design.

In addition to her ongoing research into sustainability, Ilaria has a deep commitment to art, and focuses on bringing attention to public art as a means of promoting equity and access, and as a powerful educational tool. She performs volunteer work for Open Source Homelessness Initiative, focusing on the portion of the platform that is used to highlight art created by and on behalf of individuals and communities experiencing homelessness. 10 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects Item 3C - 42
Resumes of Key Project Team Members
John Friedman FAIA, Principal
Design Lead
Project Role
Design Lead
Registration
Licensed Architect,
California #24036
Education
Master of Architecture,
Harvard University (1990)
Master of Arts in Philosophy, Politics,
and Economics, Balliol College, Oxford
University (1986)
Bachelor of Science in Architecture,
MIT (1983)
Affiliations
American Institute of Architects (AIA),
College of Fellows, Elected Member
MIT School of Architecture + Planning,
Visiting Committee Member (2014 to
Current)
Harvard University Graduate School
of Design Alumni Council (2019 to
current)
Mayor’s Design Advisory Panel,
Appointed Member (2014 to Current)
Co-Founder, Open Source
Homelessness Initiative (OSHI) (2020
to Current)
Board VP, Heidi Duckler Dance
(2018 to Current)
John has over 35 years of experience in the field of architecture and co-founded JFAK in 1996. Having designed and delivered numerous award-winning educational and institutional projects, he is a recognized industry leader in the design of academic and university facilities, and has expertise in modular building construction and sustainability. He has also designed many of JFAK's award-winning single family as well as multi-family residential projects, and is now working on several larger-scale housing developments as well as several educational projects such as the Sustainability Education Center for the City of Anaheim.

He was the Principal Designer of Roberts Pavilion at Claremont McKenna College, and is a former NCAA All-American Athlete with a deep love and understanding of athletics.

Contact
[email protected]
213 253 4740 x500
Highlighted Relevant Experience and Role
City of Palmdale SAVES Navigation Center
Palmdale, CA (Consulting Principal)
NAVIG8: City of LA, CD8 Homeless Navigation Center
Los Angeles, CA (Principal-in-Charge and Lead Designer) Roberts Pavilion, Claremont McKenna College
Claremont, CA (Principal-in-Charge and Project Designer) City of Anaheim Sustainability Education Center and CQB Anaheim, CA (Lead Designer)
Chapman University Rinker Campus Visioning Masterplan
Irvine, CA (Principal-in-Charge and Lead Designer)

UCLA Kinross Recreation Center
Los Angeles, CA (Project Design Principal
The Resnick Sustainability Institute / JCAP, Caltech
Pasadena, CA (Principal-in-Charge and Project Designer) Wonderland Elementary School
Los Angeles, CA (Consulting Principal)
Koreatown Gateway
Los Angeles, CA (Consulting Principal)
Personal
John loves what he does and therefore spends a great deal of time working on JFAK’s projects, as well as designing innovative and clever elements for the house he and Alice live in, which has its own crane. When he’s not designing, he enjoys spending time with Alice (yet another architecture couple!), their three incredibly different kids, rowing, cycling, reading fiction, and writing short stories. He is Board VP of Heidi Duckler Dance, an innovative organization that brings the art of site-specific modern dance to underserved communities. He is passionate about working to eradicate homelessness, and in addition to co-founding OSHI, curates major global events that bring together experts to foster information-sharing, education, and collaboration.
11 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects Item 3C - 43
Resumes of Key Project Team Members
Derek Greene, Senior Associate
Project Designer
Project Role
Project Designer
Education
University of Southern California (USC),
Master of Architecture (2011)
University of Illinois at Urbana-
Champaign, Bachelor of Science in
Architecture (2007)
Experience
12 years, 10 years with JFAK
Software
Revit Architecture, Navisworks, Digital
Project, Primavera, AutoCAD, 3D Studio
Max, Rhino, Adobe Creative Suite,
Microsoft Office
Personal
Derek Greene is a classically trained
musician who started piano classes at
9 and quickly added cello to his studies
at 10. Throughout his adolescence, he
entered several competitions and either
placed or won multiple prizes. Derek
continues to play piano, performing at
Unfrozen Music, an annual showcase
of musically inclined AEC professionals.

Derek leads an active lifestyle by
practicing yoga, cycling, hiking, and
snowboarding. In his spare time, he enjoys
reading a good book and looking for his
next travel destination, intending to visit
all seven continents. Derek is a volunteer
with Shelter Partnership, an organization
combating homelessness in LA County.

Derek Greene is responsible for design as well as coordinating all project documentation and overseeing production teams.

Since joining JFAK in 2011, he has been key in delivering, as part of JFAK’s successful BIM design/production team, large-scale projects utilizing the highest skill level of Revit and Navisworks – these include LEED-Gold-certified Roberts Pavilion, UCLA Bruin Fitness Center (constructed by Walsh) as well as LEED-Platinum- certified projects La Kretz Innovation Campus and Resnick Sustainability Institute / JCAP. Projects that Derek has worked on at JFAK have been widely published and honored, including with features in Architectural Record and Interior Design, and numerous AIA and other design awards. He was Construction Supervisor for Aire Housing, and is the Project Manager for Hudson Housing, currently in construction.

Contact
[email protected]
213 253 4740 x115
Highlighted Relevant Experience and Role
City of Palmdale SAVES Navigation Center
Palmdale, CA (Project Manager and Designer)
NAVIG8: City of LA, CD8 Homeless Navigation Center
Los Angeles, CA (Project Manager)
Iovine and Young Academy Progressive HS #1
Los Angeles, CA (co-Project Manager)
La Kretz Innovation Campus
Los Angeles, CA (BIM Manager, Designer, Construction
Administration)
Wonderland Elementary School
Los Angeles, CA (BIM Production, Design Team Member)
Crossroads Performing Arts Classroom Building
Santa Monica, CA (BIM Manager, Project Manager, Designer) Roberts Pavilion, Claremont McKenna College
Claremont, CA (BIM Manager, Designer, Construction
Administration)
The Resnick Institute, Caltech
Pasadena, CA (BIM Production, Design Team Member)
Other Relevant Experience and Role
UCLA Bruin Fitness Center (constructed by Walsh)
Los Angeles, CA (BIM Production, Designer)
Hudson Housing
Los Angeles, CA (Project Manager and BIM Manager, Designer) AIRE Housing
Santa Monica, CA (Construction Supervisor)
Spaulding Condominiums
Los Angeles, CA (Project Manager)
12 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects Item 3C - 44
Contact
[email protected]
213 253 4740
Project Role
Design Team Member
Education
University of Southern California
(USC), Bachelors of Architecture
Experience
5 years, 2 years with JFAK
Software
Revit Architecture, AutoCAD, 3d
Studio Max, Adobe Creative Suite,
Microsoft Office.

Since joining JFAK in 2019, Adelfrid Ramirez has collaborated on multiple projects as design / production team member, including Rinker Health Science Campus Masterplanning, UCSD Main
Gymnasium and Natatorium Study, and Occidental College Norris Hall of Chemistry Renovation study. Adelfrid has experience in all phases of project design, development, and construction across a broad range of programs and project types/sizes. He has a keen eye for detail and design, built from his strong experience model making, prototyping, fabrication.

Selected Relevant Experience
City of Anaheim PUD Sustainability Education Center and Crew Quarters Building (CQB)
Anaheim, CA (Designer, Project Manager, and Production Team Member)
Russell Westbrook Why Not? Academy Middle and High Schools South Gate, CA (Designer)
City of LA, Council District 8 Homeless Navigation Center Los Angeles, CA (Production Team and CA Team Assistant) Main Gymnasium and Natatorium Study, UCSD
San Diego, CA (Designer)
CSU Long Beach Alumni Center
Long Beach, CA (Production Team)
Chapman University Rinker Campus Visioning Masterplan
Irvine, CA (Designer)
Occidental College Norris Hall of Chemistry Renovation Study Los Angeles, CA (Designer)
Resnick Institute of Sustainability Resource Center Study, Caltech Pasadena, CA (Designer)

Dept. of General Services Building Renovation
Van Nuys, CA (Job Captain)
Resumes of Key Project Team Members
Adelfrid Ramirez, Designer
Design Team Member
Personal
Adelfrid Ramirez is a native Angeleno who was born, raised and still resides in the South Los Angeles community. His family network spans throughout many diverse communities including South Gate, Compton, and East Los Angeles. Throughout the years, he has experienced many changes to his neighborhood’s social landscape and that firsthand perspective has greatly shaped his passion for architecture. On a smaller scale, he coordinates with his local neighbors for alley clean-up, graffiti removal and parkway improvements. As a home owner of a 1906 bungalow, Adelfrid enjoys learning new DIY skills to help in its preservation. In his spare time, he spends time outdoors fishing and camping with his family.
13 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects Item 3C - 45
5 General Approach
to Providing the
Scope of Work
Item 3C - 46
General Approach to Providing the Scope of Work
JFAK’s General Approach
JFAK’s office, located in LA’s Boyle Heights
neighborhood just outside of Downtown, is a light-
filled, creative workspace with space for 30 personnel
to work comfortably and productively.
3d modeling is performed in Rhino, with Enscape as
JFAK’s preferred rendering software. 11 full-time staff members are adept at 3d modeling and rendering,
Revit and other BIM, and all are skilled in AutoCAD.

We have an ace team, 5 of whom are presented in this
submittal, ready to start work immediately on this
project for the City of Palm Springs.

Documentation tools and technologies include:
• Model shop with 3d printing capabilities
• Physical models
• Full-size plotting, scanning, and printing
• Video-conferencing
• BIM and digital capabilities as discussed above
• Animations and fly-throughs
JFAK’s production capability has been proven time
and again to be excellent in many respects and many
General Contractors have noted the quality of JFAK's
production sets for their level of coordination that
continues through the completion of construction.

JFAK’s skill in 3D rendering is of a similarly superior quality, and the firm’s work has been very useful for
institutions in their fundraising efforts. In fact, JFAK’s expertise in BIM has streamlined the entire design and
construction processes to ensure cost effectiveness.

JFAK meticulously plans and documents throughout
the project to curb any unnecessary or excess costs.

Design Workshops: Workshops are the primary
vehicles by which we come to know our clients and
the various user groups. They are integral to the
design process, as they allow the voicing of needs
and opinions; they also allow JFAK to clearly clarify
issues including program, master planning, context,
circulation, adjacencies, and aesthetics; they allow
collaboration (using tools at hand including sketching, internet, debate, dialogue) to generate multiple
alternatives; and they allow all participants to feel
that their issues have been thoroughly considered.

If appropriate, JFAK also utilizes surveys to help users articulate their needs. For individuals inexperienced in understanding floor plans, JFAK utilizes 3d renderings
and physical models as communication aids.

In over 20 years of practice, and through the
realization of many successful and inspiring works
of architecture, we have developed a wide variety
of tools to help us accomplish projects that embody
“integrated sustainability” and successfully deliver
their programs and functions to their user entities.

Briefly listed below is a subset of these tools, divided into two categories: first, those that come from how
we, with our consultants and clients, explore and
analyze architectural solutions at, but not limited
to, the beginning stages of the design process; and
second, those that involve the rigorous production of
construction documents:

Early Stages / Design:
• Smart planning that delivers functionality while
creating inspiring and fluid spatial conditions;
• Grouping together of building systems to optimize
performance while lessening redundancies and
overlaps;
• Exploration of compact mass and form-making
that, while sculpturally powerful, lessens footprint
(both carbon and cost) and maximizes efficiency;
• Intelligent passive design;
• Full embrace of a collaborative process, with all
important client representatives, stakeholders, and
general contractors together in workshops early on;
• Creative use of off-the-shelf materials and building
components in surprising and innovative ways;
• Flexibility and Open-mindedness: We bring our
design talent and commitment into the room but
check our egos at the door.

Later Stages / Production:
• Rigorously produced and thoroughly coordinated
construction documents that minimize surprises and
change orders during construction;
• Skilled use of BIM (Revit), including clash detection (Navisworks), during both design and construction,
to aid in the successful coordination of even the
most complex set of building systems, and to
facilitate the speed of construction so that projects
may stay on or ahead of schedule;
• Rigorous and regularly scheduled cost estimating.

For This Project:
• We will assist in bringing on a modular construction
company at the outset of the project. We are
already very familiar with building modules, how they
are made and installed, and what their limitations
are, and can work quickly to fulfill the requirements
of the project utilizing this expertise.
14 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects Item 3C - 47
Civil, MEP, Landscape Subconsultant Services / Coordination, Entitlements, and Utilities
Coordination with Civil, MEP, Landscape, Lighting,
and Structural (if needed) Subconsultants:

Rigorous and regular coordination between JFAK
and our subconsultants is one of the hallmarks of
our practice. Our skill at coordination and project
management is the reason why our entire construction
document sets are so complete and why General
Contractors for decades now have pointed to our work
as being a model for how architects should prepare
their documents. This has to do, not only with the
quality of the drawings and 3d models, but with the
constructability and completeness of our construction
details. This not only is relevant to the architectural design and details, but extends to the work of our
subconsultants. As the party responsible for the whole
shebang, JFAK keeps tight tabs on all of the work and
ensures that the work of our subs is coordinated fully
with architecture, and with each other.

The tools to accomplish this include the following:
• Regular meetings with the entire team across all
disciplines, including a kickoff meeting at which
scopes of work are discussed and clarified, and
subsequent meetings where interfaces between
disciplines are addressed clearly, thoroughly, and
rigorously.
• JFAK redlining of entire documentation set at
regular intervals.
• Periodic release of 3d models and base drawings to
all subs so that the project is kept fully up to date.
• Rigorous adherence to schedules and deadlines that
are set by JFAK for the entire team.
• Regular check-ins via phone, email, and Teams
meetings between JFAK project manager and
subconsultant project managers.
• Periodic overlay of 3d models, as relevant, to ensure that there are no conflicting elements.

Utilities and Survey:

VCA, JFAK’s civil engineering collaborator for this
project, will work with JFAK, City of Palmdale, and
other necessary parties to understand, analyze,
document, and set into motion the ability to have
full use of all necessary utilities on-site by required dates. This work will begin at project kick-off, as it is understood by all parties that activation of on-site
utilities is one of the front-end bits of work that must happen efficiently and quickly in order for the project to be delivered on time.

The entire team will rely on VCA’s skill in producing
surveys to receive an accurate survey at the earliest
possible time.

Entitlements:

Working closely in tandem with Project Manager
Ilaria Mazzoleni, Principal-in-Charge Alice Kimm will
personally oversee the entitlements process on behalf
of the project and the City of Palm Springs. She has
over 30 years of experience in permitting complex
projects, beginning with her first project management
experience right out graduate school in LA, obtaining
the entitlements for an affordable family housing
project in Los Angeles that was subject to federal
tax credits requirements as well as myriad other
funding regulations. She cut her teeth on that project, successfully obtaining all necessary entitlements for
a difficult site, challenging program, and satisfying
multiple users.

For JFAK, since its founding, she has directly
shepherded the firm’s most challenging as well as
public projects through entitlements and permitting,
working with JFAK’s committed project managers and
designers.

For this project, the modular building units will be
pre-certified by the State of California, leaving the
entitlements and permits for the site, renovations,
and parking lot to be coordinated and handled by
JFAK. This is similar to what was the case for JFAK’s
NAVIG8: Council District 8 Homeless Navigation
Center, for the City of Los Angeles. Note, however,
that NAVIG8 was constructed ultimately by the City’s
General Services Department (GSD), which itself
resulted in delays as GSD has lengthy procedures
associated with taking on construction projects.

The volatile construction cost climate added to the
complexity of that project, as discussed on Page 17,
but ultimately the building permits for the sitework
were successfully obtained by JFAK, with Alice working
behind the scenes with Project Manager Derek
Greene and the City of LA’s Bureau of Engineering.
15 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects staff of HOPICS, the operator of NAVIG8, at waiting area Item 3C - 48
Schematic
Design
Phase (3 wks)
• Manage project
and coordinate
with City and
subconsultant
team
• Provide schedule
• Provide
topographic
survey
• Utility research
• Lead on-site kick-
off meeting with
subconsultant
team and City
• Prepare schematic
design package
• Coordinate all
sub-consultants
• Attend meetings
as necessary
Deliverables
• Schematic Design
Package
• Cost Estimate
Design
Development
Phase (5 wks)
• Prepare design
development
packages
• Coordinate all
sub-consultants
• Attend meetings
as necessary
Deliverables
• Design
Development
Package
• Cost Estimate
Construction
Documents (12 wks)
/ Permitting Phase
(10 weeks)
• Prepare 50%
and 100% CD
packages
• Submit 50% CD
package for initial
building permit
intake
• Make corrections
and revisions
based on permit
comments
• Submit 100% CD
package for final
permit approval
• Prepare draft
technical specs at
50%
• Prepare final
technical specs at
100%. Review CD
package and cost
estimate with City
Deliverables
• Construction
Documents Set
• Permit Submittal
Schedule Note
• Overlaps with
permitting and
Bid Phase
Bidding
Phase (4 wks)

• Provide bid
addenda and
clarifications in
response to bidder
questions
• Attend pre-bid
conference
• Support City with
bid evaluations as
necessary
• Make design
modifications
to reduce
construction cost
Deliverables
• Support City
bidding process
• Help Select
Contractor
Schedule Note
• Overlaps with
permitting
Construction
Observation
Phase (28 wks)
• Manage project;
coordinate with
City and team
• Review submittals
and mock-ups
• Respond to RFIs
• Review proposed
substitutions,
alternates and
change orders
• Attend pre-con
conference
• Attend bi-weekly
construction mtgs
• Observe
construction (bi-
weekly visits) for
consistency with
design intent per
CDs
• Attend substantial
completion walk
through
• Review contractor
punch list
• Attend final
completion walk
through
• Review
contractor’s as-
built drawings
• Prepare record
docs based on
contractor as-built
drawings
Phase
Schematic Design
Design Development
Construction Documents
Permitting
Bidding
Construction
Modular Buildings
Fabrication and Install
Duration in Weeks - Total: 52 Weeks plus additional 4 weeks for Project Closeout Proposed Schedule
52 Weeks
fabrication installation
16 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects Item 3C - 49
•
QA/QC, Troubleshooting Case Studies
Ability to Control Cost and Schedule (Quality
Assurance and Quality Control)
Rigorous Documentation: JFAK takes seriously the
responsibility of the Architect to control cost and
schedule as best as possible. We attribute our track
record of delivering not only on time and on budget
but also with quality to our ability to tightly coordinate the production of Contract Documents. This has been
further advanced in recent years by the use of BIM.

With BIM, various design options can be tested easily
across all building systems, and cost ramifications -
especially as they pertain to materials and quantity
takeoffs - can also be determined quite expeditiously.

For this project, JFAK will produce a BIM Execution
Plan at the project’s onset, which will guide the
production of all documentation through the various
phases of design.

Communication and Coordination: In addition to
rigorous documentation, team coordination and
communication is paramount. Multi-disciplinary team
meetings will ensure coordination across our design
and engineering team, the City of Palm Springs,
modular building company, and contractors. Early
subconsultant coordination will help us ensure that
expectations for cost are in alignment with overall
project budget.

JFAK sees each project as an opportunity to
collaborate with an interdisciplinary team to produce
something extraordinary. We subscribe to a holistic,
collaborative, and inclusive process that allows for
broad input from an interdisciplinary team.

JFAK has found that the projects with the highest
level of collaboration and interaction have yielded the most inspiring results. Therefore, the project team
will rely on regular in-person meetings and conference
calls, often with screen-sharing through Zoom, Teams,
or other program, to facilitate coordination. JFAK
will also schedule regular, staggered documentation
uploads, alternating between our Revit model and
subconsultant Revit and PDF uploads.

Troubleshooting and Case Studies: While we have had
no challenges that could not be overcome with tight
coordination and management practices, as well as
creative and facile design and value engineering skills, we can cite a couple of case studies in our relatively
recent project delivery experience that are helpful to
note at this time.
1 Challenging Schedule: For our Resnick Sustainability
Institute at Caltech, we completed a transformation
and addition project to house two new sustainability
institutes. The client had a goal of moving the project into construction with a very aggressive schedule,
which we were able to meet. We transformed the
existing 1970’s computational lab building into a state- of-the-art new wet/dry lab facility within 9 months.

The project was on time and on budget due to the
well-executed BIM work by JFAK and DPR, the General
Contractor.

Therefore, our expertise in BIM has been a significant
contribution to making projects more streamlined and,
thus, more cost effective. BIM has been a significant
time saving measure throughout the entire design and
construction process. We have been early adopters of
this technology and continue to lead the field in this
respect. Below - our BIM model for the project.
2 Volatile Construction Climate: Our successful
modular NAVIG8 project (below), was challenging
to realize for many reasons, not the least of which
was the volatile construction climate that plagued
the project with high construction costs from the
get-go. JFAK’s solution: Creative and very fast value
engineering design. We reworked the program, the
massing, the size, and the design in short order to
meet the budget. We were fully committed to success.
17 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects Item 3C - 50
Revised 2.9.22 Page 22 of 30

EXHIBIT “B”

SCHEDULE OF COMPENSATION
Item 3C - 51
Cost Proposal
Notes:

1. We have included the services of a Structural Engineer, because we believe that they will be required.

2. We have not included the design and renovation of Building C.

3. We have included design of the modular units, in coordination with the selected modular builder, in our scope.

4. We have included two cost estimates, rather than just one, to be prepared at the end of Design Development and at 50% Construction Documents, within the Architectural Scope. A second cost estimation during Construction Documents is not listed as part of the scope, but we believe it would be prudent to provide one.

Notes:

5. At this time, JFAK requests to add a Reimbursable Expenses (RE) Not To Exceed (NTE) figure of $40,000 to cover the following: round trip mileage for required trips to Palm Springs or modular construction company factory to check on construction of units, any plotting/printing costs that are required for submittals to the City of Palm Springs, and any other expenses including Federal Express for required mailings, etc. $820,640 + RE NTE 40,000 = $860,640.

TOTAL FEE FOR ARCHITECTURE AND ENGINEERING: NTE $860,640.

SSEERRVVIICCEE CCOOMMPPAANNYY SSCCHHEEMMAATTIICC

DDEESSIIGGNN PPHHAASSEE

DDEESSIIGGNN

DDEEVVEELLOOPPMMEENNTT

PPHHAASSEE

CCOONNSSTTRRUUCCTTIIOONN

DDOOCCUUMMEENNTTSS//

PPEERRMMIITTTTIINNGG

PPHHAASSEE

BBIIDDDDIINNGG PPHHAASSEE

CCOONNSSTTRRUUCCTTIIOONN

OOBBSSEERRVVAATTIIOONN

PPHHAASSEE ((IINNCCLLUUDDEESS

CCLLOOSSEEOOUUTT))
TTOOTTAALL NNootteess
Architecture JFAK Architects $ 60,000 $ 80,000 $ 120,000 $ 12,000 $ 128,000 $$ 440000,,000000 Cost Estimating MGAC $ 12,000 $ 10,000 $$ 2222,,000000 $ 9,390 $ 12,377 $ 14,938 $ 1,707 $ 4,268 $$ 4422,,668800 $ 2,900 $ 2,900 $$ 55,,880000 SWPPP $ 16,900 $$ 1166,,990000 Topographical Survey $ 13,000 $$ 1133,,000000 Underground Utility Survey MEP
Engineering Salas O'Brien $ 13,606 $ 13,606 $ 95,039 $ 6,203 $ 9,806 $$ 113388,,226600 Lighting ALD Lighting $ 12,500 $ 7,500 $ 500 $ 4,500 $$ 2255,,000000 Landscape Office of the Designed Landscape (OotDL) $ 10,000 $ 15,000 $ 25,000 $ 2,000 $ 7,000 $$ 5599,,000000 Structural
Engineering Englekirk $ 14,000 $ 20,000 $ 48,000 $ 2,000 $ 14,000 $$ 9988,,000000 3 Site Visits / structural observations included
($1200 for additional site visits)
Seismic retrofit of existing buildings is not
part of this fee proposal and can be
performed under separate agreement.

As-built drawings are not included in this fee.
$$ 113366,,889966 $$ 116688,,338833 $$ 332233,,337777 $$ 2244,,441100 $$ 116677,,557744 $$ 882200,,664400 Civil Engineering VCA, Inc.
1 City of Palm Springs Architectural Design for Navigation CenterJohn Friedman Alice Kimm Architects Item 3C - 52
Revised 2.9.22 Page 23 of 30

EXHIBIT “C”

FEDERAL CONTRACT PROVISIONS

During the performance of this Agreement, the Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Agreement include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this Agreement meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60-1.3, then Consultant shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be 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. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, Item 3C - 53
Revised 2.9.22 Page 24 of 30

proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

Item 3C - 54
Revised 2.9.22 Page 25 of 30

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by SLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by SLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, Consultant shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(ii) Overtime Requirements. No contractor or subcontractor contracting for any part of the Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such Item 3C - 55
Revised 2.9.22 Page 26 of 30

laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (iii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iv) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(v) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Federal awarding agency.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal Item 3C - 56
Revised 2.9.22 Page 27 of 30

government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this Agreement is in excess of $150,000, Consultant shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to Item 3C - 57
Revised 2.9.22 Page 28 of 30

verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this Agreement is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the Agreement term funding exceeds $100,000.00, Consultant shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price.
(iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or Item 3C - 58
Revised 2.9.22 Page 29 of 30

services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.

Item 3C - 59
Revised 2.9.22 Page 30 of 30

(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

Item 3C - 60

CITY COUNCIL STAFF REPORT
06/16/2022 3. D.

City Clerk -

SUBJECT
REVIEW OF PRELIMINARY FISCAL YEAR 2022-23 GENERAL FUND, MEASURE J

FUND, AND AIRPORT FUND BUDGETS AND REVIEW OF PRELIMINARY FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) FISCAL YEAR 2023-27 BUDGET

Attachments
Item 3D

CITY COUNCIL STAFF REPORT

DATE: JUNE 16, 2022 UNFINISHED BUSINESS

SUBJECT: REVIEW OF PRELIMINARY FISCAL YEAR 2022 -23 GENERAL FUND,

MEASURE J FUND, AND AIRPORT FUND BUDGETS AND REVIEW OF

PRELIMINARY FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) FISCAL YEAR 2023-27 BUDGET

FROM: Justin Clifton, City Manager

BY: Department of Finance and Treasury
Engineering Division

SUMMARY:

This budget discussion is a follow-up to previous Study Sessions held on April 25, 2022 and May 4, 2022, and the recent Joint Measure J Meeting/ Budget Study Session held on June 8, 2022. At those Study Sessions, Staff presented to City Council on the General Fund, the Airport Fund, Measure J recommendations and the Capital Fund, which includes the 5-Year Capital Improvements Plan. Council provided direction on the Airport Capital Plan and the Measure J projects at the June 8 Study Session. At this time, Staff is seeking direction on the General Fund and Capital Improvement Plan recommendations as provided in Table A and Table B.

Staff presented a budget that proposes new investments in numerous areas associated with City Council priorities established over the last year. Council asked S taff for additional analysis and made numerous suggestions for other additions to the budget that should be considered. The primary purpose of th e budget discussion at the June 16 meeting is to continue the discussion from the June 8 Study Session and to reconcile which of the proposed new additions will be put into the final budget , and what Council would like to defer for later discussion.

Staff will prepare the General Fund Budget and 5- Year Capital Improvement Plan to be included in a public hearing on June 30, 2022, at which time Staff will ask Council to approve the final budget. The final budget must be adopted by June 30th, before the new fiscal year begins on July 1, 2022.

It is important to note that while a final budget must be approved by June 30, Council has the ability to amend the budget during the year. For this reason, the goal is for Council to provide as much clarity as possible about what new additions to include in the adopted budget. Any areas where Council is not prepared to fully commit to new funding, Council Item 3D - 1
City Council Staff Report
June 16, 2022 -- Page 2
City Council Meeting - FY 22-23 Proposed Budget Discussion

can simply refrain from making an allocation or allocate funds as a placeholder, with the direction to Staff not to proceed with spending funds until further consideration by Council.

For this reason, Council may consider focusing first on areas where a majority agree regarding a proposed budget addition and save items that require more consideration until the end of the meeting or a future meeting.

BACKGROUND:

The following tables outline the various potential additions to the FY 2022- 23 budget.

Table A includes potential investments in the General Fund. The table includes City Manager recommendations, S taff requests not recommended at this time by the City Manager, and additional information proposed or requested by City Council.

Staff is seeking general input on:
• Identifying programs/ projects that a majority of Council agree should be included or excluded from the budget
• Identifying programs/ projects that need to be added that are not currently included • Identifying programs/ projects that need to be discussed further before funding is allocated
• Any other feedback about priority projects and general direction.

The available funds in the General Fund for budget additions include:
• $44,964,394 in available accumulated fund balance. This is in excess of a 2 0% reserve balance.
• $7,538,752 is projected revenues over expenses.

Generally speaking, the roughly $45M in available fund balance is one- time money and should be spent on one- time expenses. The roughly $7.5M in projected revenues of expenses should be ongoing, subject to changes in the local economy.

If the Council wishes to add projects, chooses to defer a project for approval at a later date, or removes a project from the list, those changes will be reflected and presented at the public hearing on June 30, 2022.

Item 3D - 2
City Council Staff Report
June 16, 2022 -- Page 3
City Council Meeting - FY 22-23 Proposed Budget Discussion

BALANCE

REMAINING

BALANCE

REMAINING
One-Time One-Time Ongoing O ngoing
Available Fund Balance for City Projects 44,964,394 44,964,394 Projected Available Revenues over Expenses 7,538,752 7,538,752 1 Budget Manager 5,500 166,400
2 Auditor 5,500 149,900
3 IT Technician (.5) 5,500 62,200
4 GIS Technician 5,500 120,600
5 Police Officers (3) 284,900 473,400
6 Crime Analyst 62,500 138,200
7 Crime Scene Technician 117,370 135,900
8 Building and Safety Administrative Secretary 4,600 107,764 9 Homeless Outreach Coordinator 4,400 138,827 10 Recreation Facilities Program Coordinator 96,709
11 Park Attendant/Park Ranger (2 @.75) 118,900
12 Court Attendant (2 @.75) 112,915
13 Demuth Recreation Assistant ([email protected]) 118,900
14 Librarian 125,800
15 Engineering Project Manager (Measure J) 9,200 160,500 16 Firefighters (6) 893,971
17 Fire Capitan Training/Administration 33,500 265,696 18 Public Affairs Dept Materials and Supplies 9,500 5,430 19 Recreation - 85th PS Anniversary Celebration 50,000
20 Planning Dept - Zoning Code Update 400,000
21 Cybersecurity Operations Center 148,200
22 Transfer to Facilities Fund for In-House Projects 6,817,500 23 Transfer to New IT Replacement Internal Service Fund 1,000,000 500,000 24 Transfer to Fleet Fund for Vehicle Purchases 5,000,000 25 Additional Amount to CalPERS Reserve 3,000,000
26 Gen Fund chargeback of Facilities Maint Added Employees & Benefit 120,000 407, 600 27 Gen Fund chargeback of Fleet Maintenance Added Employees & Ben 1,100 118, 000 28 Police/Fire Replacement Radios (Total $3.5M, balance from other sources) 500,000 29 Plaza Theatre $2M (Measure J $1M and $1M Fund Balance) 1,000,000 30 Sustainability Associate (General Fund Subsidies) 4,600 135,978 31 Fee Revenue Increases (397,000)
32 Parks & Recreation Master Plan Update 100,000
33 Deputy Director of Maintenance and Facilities 4,600 190,495 34 Set aside for Parks & Recreations 3,000,000
35 Set aside for Police personnel additions 1,000,000
Sub - Total 21,545,770 5,495,285
Balance Remaining 23,418,624 2,043,467

TABLE A

POTENTIAL GENERAL FUND BUDGET ADDITIONS (NONE OF THESE ITEMS ARE CURRENTLY IN THE BUDGET) Item 3D - 3
City Council Staff Report
June 16, 2022 -- Page 4
City Council Meeting - FY 22-23 Proposed Budget Discussion

BALANCE

REMAINING

BALANCE

REMAINING
One-Time One-Time Ongoing Ongoing
BALANCE FORWARD 23,418,624 23,418,624 2,043,467 2,043,467 36 Downtown Maint Lead Worker w/Vehicle 40,000 104,750 37 Downtown Maint Worker (2) w/ Vehicle (1) 40,000 174,900 38 Street Maintenance Worker w/Vehicle 40,000 99,050 39 Lead Park Mechanic w/Vehicle 40,000 119,917 40 Parks Maintenance Mechanic 99,217
41 Park Maintenance Worker (4) w/Vehicle (2) 80,000 380,467 42 Parks Contractual Services Savings (541,900)
43 Marketing & Tourism Contractual Services 100,000
44 Fiber Master Plan 200,000
45 Communications Branding Package 100,000
46 Homeless Services 1,500,000
47 Transfer to Affordable Housing 10,000,000
48 Security Services at three Recreation Centers 283,500 Sub - Total 10,540,000 2,319,901
Balance Remaining 12,878,624 (276,434)
49 Firefighters (9) 1,340,958
50 Engineering Administrative Secretary 107,800
51 Police Behavioral Heath Specialist - Contracted (2) 246,400 52 Public Affairs Digital Communications Manager 125,400 53 IT Technician 5,500 124,400
54 Procument Specialist I 5,500 113,600 55 Downtown Maintenance Worker 40,000 93,300 56 Street Maintenance Worker 40,000 100,300 57 Fleet Maintenance Technician 550 109,650 Sub - Total 91,550 2,361,808
Balance Remaining 12,787,074 (2,638,242)
58 Literacy Coordinator .5 48,355
59 Guaranteed Income Pilot Program 500,000
60 Student Internship Program ($100,000 - $300,000) 300,000 61 Waiving Fees for Non-Profit Organizations (Policy to come back to Council) 62 Workforce Development ($1,000,000-$2,000,000) 2,000,000 63 Long-Term Planner 4,600 207,805
64 Diversity Manager 4,600 187,975
65 Affordable Housing Staff/Programs ($500,000-$1,000,000) 1,000,000 66 Sustainability Associate (General Fund Subsidies) 4,600 135,978 67 Climate Action Plan/Programs ($500,000-$1,000,000) 1,000,000 68 Capital Campaign Contribution - DAP Health 2,809,000 69 Engineering Project Managers 9,200 160,500 70 Buzz Bus or Alternate Transportation 350,000
71 Additional Police Staff (pending study) ($500,000-$2,000,000) 1,000,000 72 Additional Communications Programs/Services 500,000
73 Recreation - Additional Youth & Team Programs ($50,000-$150,000) 150,000 74 Housing and Code Compliance Fund
75 Section 14 Reparations
76 Support Regional Housing Fund through CVAG
77 Electrification of City Fleet and Additional Charging Stations 78 Increasing the Required Minimum Fund Balance from 20% to 27% 9,955,074 Sub-Total 12,787,074 7,540,613
FINAL BALANCE REMAINING (0) (10,178,854) Recommended expenses to be added
Expenses not recommended to be added
Other requests for expenses to be added

TABLE A - CONTINUED

POTENTIAL GENERAL FUND BUDGET ADDITIONS (NONE OF THESE ITEMS ARE CURRENTLY IN THE BUDGET) Item 3D - 4
City Council Staff Report
June 16, 2022 -- Page 5
City Council Meeting - FY 22-23 Proposed Budget Discussion

Table B below includes projects listed in the current draft 5- Year Capital Improvement Plan (CIP).

On May 4, 2022, Staff presented the first draft 5- Year CIP to the City Council. Based on the feedback received, Staff has provided additional information for the CIP which can be found at the following link:

Item 3D - Staff Report Page 5 (Revised 5-Year CIP) (palmspringsca.gov)

Given the scope and scale of the 5- Year CIP and the difficulty in refining exact priorities and schedule, Staff is seeking general input on:
• Identifying projects that a majority of Council agree should be included or excluded from the budget
• Identifying projects that need to be added that are not currently included • Identifying programs/ projects on this table that need to be discussed further before funding is allocated
• Any other feedback about priority projects and general direction.

The available funds for the CIP include approximately $63 M annually broken down as follows:
• Grants and denotations: $30 Million
• Measure J: $18 Million
• Measure A: $7.5 Million
• Gas Tax: $1.4 Million
• SB1 RMRA: $1.1 Million
• Discretionary transfer from the General Fund: $2 million • Other Sources: $3 Million
• It should be noted that Council has discretion to transfer some or all of the $44.9 million available General Fund balance or some or all of the $7.5 million General Fund projected revenue over expenses . This would require forgoing other investments with those funds.

Similar to the direction Staff is seeking on General Fund investments, all projects where a majority of Council agrees will be included in the adopted budget. Any projects where Council is not yet prepared to commit funding can come back at a later date for follow up discussion. This flexibility is further supported by the fact that Staff is not able to immediately accelerate progress on capital projects.

Item 3D - 5
City Council Staff Report
June 16, 2022 -- Page 6
City Council Meeting - FY 22-23 Proposed Budget Discussion

Line Project Description
FY 2022 - 23
Projected
B
udget
Ongoing Expense
(Set Aside)
Five-Year
Projected
E
xpense
Projected Available Fund Balance and Future Revenues 97,000,000 245,500,000 342,500,000 1 2 I ndian Canyon Bridge Over UPRR 18,242,025 5,555,728 23,797,753 3 South Palm Canyon Bridge Over Palm Canyon Wash 4,946,550 4,946,550 4 Ramon Road Bridge at Whitewater River 100,000 37,062,000 37,162,000 5 Vista Chino Bridge - Low Water Crossing 82,643,320 82,643,320 6 South Palm Canyon Bridge at Tahquitz Creek 8,137,000 8,137,000 7 East Palm Canyon Bridge at Palm Canyon Wash 7,315,000 7,315,000 8 Main Library Renovations 14,120,100 14,120,100 9 HSIP Cycle 8 - Traffic Signal Improvements 1,638,536 1,638,536 10 Plaza Theatre 1,000,000 1,000,000
11 HSIP Cycle 9 - Traffic Signal Improvements 1,631,436 1,631,436 12 Victoria and Ruth Hardy Park Restroom Renovations 950,000 950,000 13 Fire Training Tower Facility 750,000 750,000 14 Downtown Safety Bollards Phase 2 1,108,750 1,108,750 15 Gene Autry Windwall Upgrade 2,020,000 2,020,000 16 Police Department Impound Building 1,160,000 1,160,000 17 Skyling Railings 397,780 397,780
18 Storm Drain Line 20 8,330,000 8,330,000
19 JC Frey Building Rehabilitation 870,000 870,000 20 Keyless Entry System - Phase 2 668,750 668,750 21 Demuth Park ADA Access - Phase 2 1,600,000 1,600,000 22 Life Safety Improvements - Fire Sprinklers & Alarms 1,900,000 1,900,000 23 Back Up Generators at City Facilities 1,377,500 1,377,500 24 City Water Treatment Program (HVAC) 507,500 507,500 25 Recreation Fields LED Lighting Upgrades 4,100,000 4,100,000 26 Roundabout at Indian Canyon, S. Palm Canyon an Camino Parocela 2,600,000 2,600,000 27 Sunrise Plaza HVAC Improvements 1,596,500 1,596,500 28 City Hall and Police Department Electrical Upgrades 100,000 100,000 29 Sunrise Plaza Domestic Water Line Separation 253,750 253,750 30 Fleet Operations HVAC and Electrical Improvements 697,500 697,500 31 Sunrise Plaza Door and Window Replacements 724,150 724,150

TABLE B

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Item 3D - 6
City Council Staff Report
June 16, 2022 -- Page 7
City Council Meeting - FY 22-23 Proposed Budget Discussion

32 Local Road Safety Plan Projects 500, 000 7,500,000 8,000,000 33 Traffic Operations Center Communication Upgrades 500,000 500,000 34 Demuth Dog Park 1,202,200 1,202,200
35 Arnico Tract Sewer - Phase 4 200,000 200,000 36 Annual Slurry Seal 1,350,000 5,400,000 6,750,000 37 Annual Pavement Rehabilitation 6,000,000 24,000,000 30,000,000 38 Convention Center Exhibit Hall and Primrose Carpet Replacement 650,000 650, 000 39 Exhibit Hall Air Wall and Acoustical Tile Refurbish 450,000 450,000 40 Convention Center Jackie Lee Houston Plaza Upgrades 100,000 100,000 41 Convention Center Marquee Upgrade 160,000 160,000 42 Palm Springs Convention Center Retrofit Lighting Controls 500,000 500,000 43 Relocate Fire Station #1 1,600,000 21,600,000 23,200,000 44 Measure J Community Initiated Projects 3,000,000 4,000,000 7,000,000 45 Pedestrian Master Plan Recommended Projects 1,500,000 6,000,000 7,500,000 46 Citywide Sign and Striping Inventory and Replacement Program 300,000 300,000 600,000 47 Annual Traffic Calming Projects 500,000 2,000,000 2,500,000 48 Pickleball Courts 300,000 1,150,000 1,450,000 49 Playground Equipment Shade Structures 281,960 281,960 50 San Rafael Turf Conversion * Measure J Recommendation 150,000 150,000 51 Palm Springs Cultural Center Sewer Lateral 199,735 199,735 Subtotal Budget Changes 58,208,806 247,288,964 305,497,770 52 Improvements to Lot G downtown ($300,000 - $800,000) 800,000 53 Add soccer fields at Demuth ($100,000 - $200,000) 200,000 54 Increase investment in traffic calming ($500,000 - $1,000,000 annually) 1,000,000 55 Funding for other neighborhoods to support sewer connection ($9M - $10M) 10,000,000 56 Palm Tree up-lighting ($30,000 - $90,000) 90,000
57 Additional shade at bus stops ($200,000 - $300,000) 300,000 Subtotal Budget Changes 12,390,000
Grand Total Budget Changes 58,208,806 247,288,964 317,887,770 Remaining Funds Available 38,791,194 (1,788,964) 24,612,230 Wastewater Projects Expense Set-Aside
Five-Year
Projected
E
xpense
58 WWTP General Sitework and Pavement Replacement 150, 000 1,450,000 1,600,000 59 WWTP Sludge Drying Beds 1,412,000 1,412,000 60 WWTP Demolition of Abandoned Equipment 3,685,500 3,685,500 61 WWTP Biosolids Dewatering Facility 22,313,858 22,313,858 Note: These projects will be funded by future user fees Proposed Capitial Projects
Other Capital Projects to Consider
Wastewater Capital Projects

TABLE B - CONTINUED
Item 3D - 7
City Council Staff Report
June 16, 2022 -- Page 8
City Council Meeting - FY 22-23 Proposed Budget Discussion

As part of the discussion at the Budget Study Sessions of April 25, 2022, May 4, 2022, and June 8, 2022, Council requested additional information and provided feedback on a variety of proposed budget recommendations and projects. In order to provide Council context for the numerous decisions regarding the budget, Staff has performed additional analysis which is included in Attachment 1 and Attachment 2. Attachment 1 includes additional information related to questions from the June 8, 2022 Study Session.

Attachment 2 includes additional information relative to the City Manager recommendations.

FISCAL IMPACT:

Provide direction to Staff on any changes to the Preliminary FY 202 2-23 General Fund, and Capital Projects Five-Year Capital Improvement Program (CIP) FY 2023-27 Budget.

Item 3D - 8
City Council Staff Report
June 16, 2022 -- Page 9
City Council Meeting - FY 22-23 Proposed Budget Discussion

REVIEWED BY:

Assistant Director: Kristopher Mooney
Department Director: Nancy Pauley
City Engineer: Joel Montalvo
City Manager: Justin Clifton

ATTACHMENTS:

1. Additional information in response to City Council questions or requests from the June 8, 2022 Study Session.

2. Brief descriptions of all City Manager recommendations for Council consideration.

Item 3D - 9
ATTACHMENT 1

1 QUESTIONS OUT OF STUDY SESSION #3 JUNE 8, 2022

1) More Robust Efforts to Improve Parks and Recreation
Immediately upon onboarding of a new Parks & Rec Director, staff will begin procurement of a consultant to undertake a Parks & Recreation Master Plan. The Plan will include engaging with the Parks Commission and residents on further enhancing the City’s Parks and associated programs. To help facilitate these improvements, the City Manager has added to his recommendations a set aside of $3,000,000 of funds from the fund balance to immediately act upon results from the Master Plan as well as react quickly to recommended improvements from the Commission and the recently hired Director (added to Table A City Manager Recommendations).

In addition to the above, the current City Manager recommendations include a Lead Park Mechanic, Parks Maintenance Mechanic and four Maintenance Workers to improve monitoring and maintenance of all City Parks. These investments are offset by reducing the City’s contract for community landscaping and maintenance. The additional crew will allow for seven-day coverage and improved service levels. The one- time costs are for vehicles and cellphones.

The City Manager recommendations also include one full time Recreation Facilities Program Coordinator, two .75- time Park Attendant/ Park Ranger positions, two .75- time Court Attendants and two .75 Demuth Recreation Assistants. These positions can assist with a wide variety of parks and recreation programs, including expanding youth and teen programs.

Current programming includes after school drop- in program and homework help, archery, boxing, karate, drill team, drum squad, Youth Encouragement Program, Come Ride With Us bike program, Tuesday night basketball and First Friday events. Plans are underway to start a Junior Lifeguard Program. (Additionally, the Library has a dedicated Teen Librarian. Library Teen programs include weekly drop-in activities like gaming, arts and crafts, trivia, and other recreational activities at no cost to participants. The Library has a Teen Advisory Board and volunteer opportunities for Teens.) Staff can also look for grant funding for more teen and at - risk youth programs.

The DeMuth Dog Park grant application for approximately $1.65M (50% of estimated project costs) is still in the review process. It has been recommended by the State and is being reviewed by the National Park Service. Staff will work with its consultants at Townsend Public Affairs to try and obtain and estimated date when reviews will be finalized and grants awarded.

2) Set aside for Police Department

Staff will be presenting a proposed RFP for consultant services to review the police department calls for service and community expectations and make recommendations regarding possible addition of traditional police officers as well as opportunities to add other professional support services (such as behavioral health). City Manager recommendations have been amended to include a $1 million set aside for investments in new Police Department personnel.

Item 3D - 10
ATTACHMENT 1

2 3) Making it a Priority to Hire Local?
This is largely about shifting some priorities around in the recruiting effort and the City Manager has instructed the Human Resources department to review current policies and determine what the City can do to prioritize the hiring of local applicants.

4) Additional information on the Security services at three Recreation Centers The City Manager recommendation for security guards at City recreation facilities is intended to address homeless issues and other safety concerns. This will include security guards for Demuth Community Center Services at the ongoing annual costs of $49,400; James O. Jessie
at the ongoing annual costs of $49,400; and Leisure/Swim Center at the ongoing annual costs of $184,300 for a total of ongoing annual costs of $283,500. This supports City Council priority 1B, Quality of Life – Reduce Crime, as well as 4A, Good Governance – Enhance Service Levels.

5) We would like more information on the Fiber Master Plan? Fiber Master Plan: This is to hire a consulting firm to create a fiber optics master plan. The biggest issue is emergency responders do not have access to the data they need resulting in slower response times and safety issues. The fiber plan would include a project to bring high speed mobile internet into the “Dead Zones” a round t he city. This project is thought to compliment, but not be redundant to other efforts to build middle mile connectivity. This supports City Council priority 1D, Quality of Life - Advance Economic Development (Monitor Broadband Opportunities). The one-time costs
are $200,000.

6) Funding to Repair the Rainmaker Fountain?
Current work to repair the Rainmaker Foundation is being completed in- house. Any other needed repairs or consideration of this installation would be referred first to the Arts Commission, which would make a recommendation to Council. 7) Repairs and Maintenance Responsibility for Leased City Property This can vary between leases but most situations where the City owns the land and the building, the City is responsible for most major repairs and maintenance such as utility connections, structure and mechanical systems.
8) Potential Areas to Reduce New Expenditures
The City Manager recommendations still represent staff’s best effort to allocate available resources toward City Council and community priorities. If Council sees that investments outside those recommendations need to be made and those investments exceed available resources, the following are the preferred places to reduce investments currently listed as City Manager recommendations:

A) Homeless Services – Current recommendation was already reduced from $2 million to $1.5 million in ongoing expenditures. Further reduction may be possible given that this is a placeholder above and beyond current investments and based on confidence of receiving funding support from the State.

B) Addition of Firefighter personnel – Current recommendation is to add 6 out of 15 firefighters at a total cost of $893,971. This investment could be deferred until next year.

Item 3D - 11
ATTACHMENT 1

3 C) Additional Street Maintenance Worker – While the Street Maintenance crew is still considered a need within the broader Maintenance Department, it was a lower priority compared to the investment recommended in the other divisions.

D) Affordable Housing – Current recommendation is $10 million in one- time expenditures.

This could be reduced for one year as the City looks to establish ongoing funding.

E) CalPERS reserve – Some of the additional $3 million in CalPERS could be deferred until future years.
9) Programs for at-Risk Youth and Teens?
City Manager recommendations include 6.5 FTE in new positions in Parks and Recreation.

These new positions would enable the department to grow new programs, including ones directed to at -risk youth and teens. Additionally, staff could seek grants and other funding opportunities to expand these programs. Lastly, Council could direct an allocation to these programs, which may require reducing investments in other areas. 10) Can the Literacy Program be restored with current staffing? Staff feels the program can be restored with current staff and some minimal materials costs.

################

As part of the discussion at the Budget Study Sessions of April 25, 2022 and May 4, 2022, Council requested additional information and provided feedback on a variety of proposed budget recommendations and projects. In order to provide Council context for the numerous decisions regarding the budget, Staff has performed additional analysis which is outlined below.

1) C onsideration of the Number of Police Officers and Frequent Vacancies We are in the latter stages of preparing a contract for consultant services to present to Council to evaluate our calls for service and staffing at the Police Department. There is little doubt that we will need additional staffing. The study will help us evaluate our need for traditional law enforcement positions as well as alternative positions such as mental health therapists, social workers, and other support personnel. When this study is conducted, we will make sure the analysis considers the number of staff that are typically available for service, not the number of positions allocated. This should account for our actual experience with vacancies, time off, training, injury, illness, and other circumstances that impact the availability of staff.

2) Number of Positions Frozen/ Unfunded Due to Pandemic and Number of Positions Restored.

A total of 78.75 positions were frozen and unfunded due to the pandemic. All 78.75 positions have since been restored/ re-hired.

Item 3D - 12
ATTACHMENT 1

4 3) Literacy Coordinator Position at James O. Jessie
This position was eliminated in FY 2021-22 in favor of adding a more flexible Recreation Program Assistant that could perform literacy programs while performing other functions. The fully burdened cost for a dedicated Literacy Coordinator is $48,355.

The Recreation Department would also like to bring a fee- based 3-hour preschool program back to JOJ in the mornings by using existing staff. This would complement gaps that exist as many other low barrier access preschool programs are income qualified. This program would also help provide literacy programs.

The program was eliminated during the pandemic because all services were halted, and the teacher chose to take early retirement. Preschool children are not being served at JOJ and staff feel this would be a good addition to their available services. At Demuth Community Center, the Pee Wee Rec program is fully operated by Recreation Program Aides.

4) Pension Obligations for New Staff
For the past several years, the City has been setting aside between $3 - $6 million in a CalPERS reserve fund, and the current reserve balance is $28,250,000. Staff is currently working with a consultant to assist with funding options for the unfunded liability. All new personnel costs include the fully burdened cost, including pension.

5) Number of Recommended Firefighter Positions – 6 versus 15 The City Manager asked departments to submit requests for staffing needs. All requests were evaluated on the merits of the request and within the context of all other requests and available funding. While the City has new available revenue to invest in services, there are still substantially more needs than there are available resources. The fundamental challenge with adding 15 firefighters all at once is only the substantial needs in other departments that are competing for limited resources. Numerous other department requests were also recommended for partial, rather than full funding of their requests. In addition to the staffing requests already recommended by the City Manager, there remains broad program areas within Council’s priorities with very littl e capacity. In particular, the P olice Department represents another large public safety department with clear needs to additional personnel.

The City Manager recommended only 5 new positions at PD, mostly to wait for a comprehensive review of department staffing that will be underway soon. Additionally, homeless services, affordable housing programs, sustainability and economic development are all high priority programs with very limited staffing and program support. The City Manager recommendation to fund 6, rather than 15 firefighters , is an attempt to balance these competing needs. The goal to achieve 4 firefighters per apparatus is a good one and reflective of modern standards. The 6 firefighters would enable us to do this at two of our busiest stations. Funding 9 fire fighters would allow 4.0 staffing at three stations and potentially to achieve an ISO Class 1 designation. The Class 1 ISO designation is also a worthy one. Class 1 ISO rating reflects the highest rating a department can achieve. Approximately 1.1% of fire departments nationwide and about 4.6% of departments in the state of CA achieve an ISO 1 according to Verisk, the parent company of ISO. Again, improving from a very strong ISO 3 to an outstanding ISO 1 is a worthy endeavor the city should pursue while balancing the needs to invest in other service areas that may be even further behind performance goals.

The ongoing personnel costs for the additional 9 Firefighters is $1,340,958. An additional 4 Firefighters would cost $446,986.

Item 3D - 13
ATTACHMENT 1

5 6) Purchasing Electric Vehicles
Staff is working on electrical upgrades to the Police Station and the City Yard. As part of those projects, Staff will include electrical capacity for charging stations. Staff can evaluate our upcoming vehicle purchases to determine how many can be deferred to assess timing and costs and to evaluate hybrid and fuel-efficient vehicles.

7) Breakdown of Request for Branding and Marketing/ Tourism Discretionary $100k This request is to fund a consultant to create a branding package to help brand City departments and services and develop style guidelines. This supports City Council priority 4B, Good Governance – Improve Communications. The one- time costs are $100,000. Branding Contract Scope of Services may include an assessment of City Service areas ; developing a brand identity usage guideline; brand messaging statements; brand marketing and promotion strategy; d eveloping marketing collaterals ; p resentation design; and resident message development.

8) Facility Fee Waivers for Non-Profits
The adopted FY 21-22 Comprehensive Fee Schedule does not include non- profit rates for many Parks & Recreation facilities, including James O. Jessie and Demuth Community Centers. There are discounted rates listed for some rooms at the Leisure Center, but the discounts are not applicable across the board for all locations and all rooms. The library does offer a 50% discount for non- profits for room rentals. Staff plans to bring a broader policy on fees for non-profits to a future Council meeting, as requested by City Council.

9) Workforce Development Budget
Broad Economic Development programs, including specific workforce development are not currently offered by the City. The cost of these programs is hard to estimate. For purposes of understanding future needs compared to current budget resources and proposed spending, staff included a placeholder of $2 million annually. This amount would support an expanded economic development team, along with program costs for workforce development.

10) Student Intern Program
The City currently allow internships. We recently closed a Planning Internship recruitment and are working with Aviation on an internship program. The internships are sometimes advertised or offered as the Human Resources department receives requests. These internships are currently unpaid positions. If the City were to consider paying for internships, this cost could be approximately $100,000 - $300,000 annually depending on how many positions were allocated. This funding has been included in the list of Potential General Fund Budget Additions for Council’s consideration, as shown in Table A of the staff report.

11) Constituent Services Position and Additional Council Support The budget currently provides funding for an additional administrative position to assist Council. It has not been filled due to filling other vacancies but will be recruited soon. While this position could provide significant assistance with constituent inquiries, it may not provide significant assistance with policy research or other work that some Council Members have assigned to interns.

Item 3D - 14
ATTACHMENT 1

6 12) Measure D Fund
The City receives between $7.5 - $9 million in taxes per year funded through Measure D. The proposed FY 22-23 budget for Police is $44.7 million and Fire $25.7 million. 100% of the Measure D funds are used on public safety.

13) Add Long-Term Planner Position
The estimated one-time costs for this position are $4,600 and ongoing costs are $207,805.

This position has been included in the list of Potential General Fund Budget Additions for Council’s consideration, as shown in Table A of the staff report.

14) Add Diversity Manager Position
The estimated one-time costs for this position are $4,600 and ongoing costs are $187,975.

This position has been included in the list of Potential General Fund Budget Additions for Council’s consideration, as shown in Table A of the staff report.

15) Marketing and Tourism Discretionary $100k Funding Request This funding is for discretionary services provided throughout the year, to support City Council priority 1E, Quality of Life. The ongoing annual costs are $100,000. If the City Council desires additional Communications staff and/or programs, the estimated costs are $500,000 annually. (Staff Report Table A). Below are the current budgeted costs for FY22-23:

Concerts in the Park $20,000
Additional P.S. I Love You Magazine Funding $ 7,000
Festival of Lights Parade Advertising $1 0,000
Fourth of July Advertising $1 0,000
Veteran’s Day Parade Advertising $ 5,000
Additional Marketing Events Over FY 2022-23
$48,000
$100,000

16) Special Programs Staffing to Address Illegal Vacation Rentals The Department of Special Programs has contracted with a third -party vendor to provide vacation rental software which will include short -term rental compliance and detection services to identify unregistered vacation rental activity. The contract includes a dedicated project manager and support staff to ensure services adequately meet the Department’s need for enforcement. Annual cost is $90,000, which is included in the proposed budget.

17) Project Progress Updates
Staff has implemented a social media notification process for construction projects to provide progress updates to the community. In addition, Engineering and IT Staff will be working on capital project storyboards within the GIS environment.

18) Fire Station 1 Relocation Project
This project is proposed to be partially funded with Measure J funds for year one of the 5- Year CIP and has been recommended by the Measure J Commission.

19) Library Project
This project is proposed to be partially funded with Measure J funds for year one of the 5- Year CIP and has been recommended by the Measure J Commission.

Item 3D - 15
ATTACHMENT 1

7 20) Bogert Trail Sewer Lift Station Project Status
The contract for the lift station will be awarded on June 16, 2022, and the expected project time frame is approximately 300 calendar days (10 months).

21) Additional Funding for Street Paving/ Slurry Program We have increased our spending on street repaving from $3 million to $6 million and are currently spending approximately $1 million a year on the slurry program. It is necessary to repave older streets when their Pavement Condition Index (PCI) , reviewed by a third- party engineer, is low. It is also important to slurry newer pavement so that t he oils within the pavement are regenerated to extend the useful life of said pavement. Information about the City’s slurry program can also be found on the City’s Engineering Departments webpage.

22) Pickleball Courts Project
The funding request for pickleball courts is from the Community-Initiated Projects application process through Measure J. Staff has not yet vetted the request but is requesting funding for year one of the 5- Year CIP to begin the process of engaging the community and possibly starting the design. This project will be prioritized along with all other projects within the 5- Year CIP.

23) Additional Funding for Traffic Calming
Staff is requesting $500,000 a year in the 5-Year CIP, and based on previous projects, does not anticipate that the combined traffic calming projects each year will exceed $500,000. In addition, if a project exceeds $200,000, Staff will need to request additional funding from the City Council. Also, if a major project comes forward through the traffic calming process, Staff will segregate that project from the traffic calming budget and create a capital project that would be included in the 5- Year CIP as a standalone project to be prioritized with all CIP projects. That said, staff included a placeholder for possible expanded traffic calming up to $1 million if Council would like to prepare for more robust traffic calming projects.

24) Arnico Tract Sewer Project
Sewer facility fees generate the revenue needed to pay for the capital costs to expand and improve sewer treatment. Residential sewer systems were constructed thr ough the establishment of Assessment Districts. Under that model, the City would finance the cost of new sewers, determine a proportional special assessment to be levied against the properties the residential properties that are benefitting, and then issuing bonds to obtain the construction funds. Because of Proposition 218, establishment of special benefits (like the installation of new sewers to residential property) through Assessment District requires a formal ballot and affirmative votes of the benefitting property owners. Voters typically vote the measure down and this prevented the City from pursuing extension of new sewers into the residential areas of Palm Springs that currently lack service unless other funding was made
available for that work.

Measure J is another funding source Council can consider in lieu of an Assessment District.

The Measure J Commission could recommend funding for other areas of the City not yet connected to sewer. Measure J funds were used for the earlier phases of the Arnico Tract sewer project. In addition to the Arnico Tract, there are 8 other sewer line extension areas that require approximately $9 million in funding.

Item 3D - 16
ATTACHMENT 1

8 25) Jackie Lee Houston Plaza Shade Structure
This project was a request by the Convention Center. The Measure J Commission agreed that the project could be funded using Measure J funds as Measure J funds have previously been used for Convention Center projects.

26) Palm Tree Up-Lighting
Staff has not yet generated refined estimates, but a placeholder of up to $90,000 has been provided for Council’s consideration and is included in Table B of the staff report.

Item 3D - 17
1 ATTACHMENT 2

GENERAL FUND CITY MANAGER RECOMMENDATIONS

1. Budget
Manager: This position will assist in providing a more comprehensive budget, and monthly and quarterly budget reports for detailed financial analysis and reporting. The Budget Manager will work with departments by offering budget guidance and reporting. This position supports City Council priority identified in 4D, Good Governance – Improve Financial Management. The one-time costs are $5,500 and the ongoing annual costs are $166,400.

2. Audi
tor: This position will provide additional annual auditing of vacation rentals and hotels to stay in compliance with City code requirements. This position supports City Council priority 1E, Quality of Life – Neighborhood Issues. The one-time costs are $5,500 and the ongoing annual costs are $149,900.

3. IT Te
chnician: This will be a shared position with the Airport to accommodate expanding A/V needs, and address the increased number of Help Desk Tickets , increasing customer service levels both internally and externally. This position supports City Council priority 4A, Good Governance – Enhance Service Levels, and 4B, Improve Communications. The one-time costs are $5,500 and the ongoing annual costs are $62,200.

4. GIS Tec
hnician: The City is in the process of implementing new technologies for permitting, assets management, and Computer Aided Dispatch (CAD) for emergency calls. T he Palm Springs International Airport is also anticipating deploying a new asset management platform to meet regulatory requirements. GIS plays a vital role in providing customized geospatial data to each of these systems. This position supports City Council priority 4A, Good Governance – Enhance Service Levels. The one-time costs are $5,500 and the ongoing annual costs are $120,600.

5. Pol
ice Officers (3): To enhance community engagement, promote police transparency, and more effectively manage and address crime, traffic safety , and quality of life issues across the City, the Palm Springs Police Department is transitioning to a neighborhood policing service area concept.

The city will be broken up into three geographically defined neighborhood policing service areas with assigned patrol lieutenants responsible for directed law enforcement response and engagement in that area. These positions support City Council priority 1B, Quality of Life – Reduce Crime. The one-
time costs are $284,900 and the ongoing annual costs are $473,400.

6. Po
lice Crime Analyst: This position would work collaboratively to identify and address crime trends, ensure continuity of service, and effectively communicate with residents, business owners and visitors of Palm Springs. This position supports City Counc il priority 1B, Quality of Life – Reduce Crime. The one-time costs are $62,500 and the ongoing annual costs are $138,200.

7. Pol
ice Crime Scene Technician: This position would ensure the Police Department is able to collect and process evidence and relieve sworn law enforcement officers to serve as first responders for in- progress and emergency calls for service more rapidly and effectively. This position supports City Council priority 1B, Quality of Life – Reduce Crime. The one-time costs are $ 117,370 and the ongoing annual costs are $135,900.

Item 3D - 18
2 8. Fir
efighters (5): This position will improve response times and outcomes in fire, rescue, and EMS emergencies. Reliance on mutual aid to get an adequate number of firefighters on scene in a timely manner will be reduced. These positions support City Council priority 4A, Good Governance – Enhance Service Levels. The ongoing annual costs are $744,976.

9. Fir
e Captain Training/ Administration: The addition of a training captain will ensure additional state and federal training mandates are met, improving public service, and better protecting our residents and visitors. This position supports City Council priority 4A, Good Governance – Enhance Service Levels. The one-time costs are $33,500 and the ongoing annual costs are $265,696.

10. Adm
inistrative Secretary: This position will be shared with the Engineering Division to provide additional customer service support in responding to phone calls and scheduling inspections. This position supports City Council priority 4A, Good Governance – Enhance Service Levels. The one- time costs are $4,600 and the ongoing annual costs are $107,764.

11. Hom
eless Outreach Coordinator: The Homeless Outreach Coordinator will address the ongoing needs of unhoused residents and the appropriate programs and housing necessary to assist them.

The Homeless Outreach Coordinator will assist clients with navigating additional systems of care, including housing, homeless certification, and connections to various service providers including the Palm Springs Access Center. This additional position is specifically identified in City Council priority 1A, Quality of Life – Improve Homelessness. The one-time costs are $4,400 and the ongoing annual
costs are $138,827.

12. Rec
reation Facilities Program Coordinator: This position will coordinate all facility rentals, including parks rentals, and oversee all contract classes at the Pavilion and Leisure Center. This position supports City Council priority 4A, Good Governance – Enhance Service Levels. The ongoing annual
costs are $96,709.

13. Par
k Attendant/ Park Ranger (2 @ .75 FTE): These positions will work onsite at City parks to ensure that events are permitted, parks and restrooms are in good working order, and to address community concerns. These positions support City Council priority 3A, Community Infrastructure – Improve City Facilities, as well as 4A, Good Governance – Enhance Service Levels. The ongoing annual costs are $118,900.

14. Cour
t Attendant: (2 .75 FTE): These positions will be responsible for management of pickleball court use and rotations.at City parks. This position supports City Council priority 4A, Good Governance – Enhance Service Levels. The ongoing annual costs are $112,915.

15. Dem
uth Community Center Recreation Assistant (2 .75 FTE): These positions will allow for expanded operating hours at Demuth Community Center, as well as increased services and programming for the community. This position supports City Council priority 4A, Good Governance – Enhance Service Levels. The ongoing annual costs are $118,900.

16. Libr
arian Archivist and Original Cataloger: This position would be split 75% on Accessing the Past Digital History Collaborative (APDHC) and 25% on original cataloging and customer service for the library. This position supports City Council priority 4A, Good Governance – Enhance Service Levels.

The ongoing annual costs are $125,800.

Item 3D - 19
3 17. Engi
neering Project Manager (Measure J funded): This position will oversee and support the implementation and construction of high- priority projects such as park improvements and improvements to City facilities. This position supports City Council Priority 3B (Community Infrastructure). The one-time costs are $9,200 and the ongoing annual costs are $160,500.

18. Dow
ntown Maintenance Lead Worker: This position will oversee, address, and monitor the cleanliness of the trash/recycling bins, debris clean-up, parking lot/ structure maintenance, and homeless impacted areas of the Downtown/Uptown District. This position supports City Council priority 3A, Community Infrastructure – Improve City Facilities. The one-time costs are $40,000 and the ongoing annual costs are $104,750.

19. Dow
ntown Maintenance Worker (2): These positions will allow for better targeted responses to overflowing trash bins, debris clean- up, pressure washing of spills, elevator of cleaning, parking lot/structure maintenance, and homeless impacted areas of the Downtown/Uptown District during the afternoon/evening hours and over the weekend. These positions support City Council priority 3A, Community Infrastructure – Improve City Facilities. The one-time costs are $40,000 and the ongoing annual costs are $174,900.

20. St
reet Maintenance Worker: This position will allow for an increase in roadway conditions clean-up, curb and lane painting, signage compliance, installation, repairs/replacements, and pothole, edging and drainage maintenance. This position supports City Council priority 3A, Community Infrastructure – Improve City Facilities. The one-time costs are $40,000 and the ongoing annual costs are $99,050.

21. Lead P
ark Mechanic: This position will allow for additional oversight and maintenance of all 11 City parks, Palm Springs Swim Center, all water features, playing fields, tennis, pickleball, basketball , bocci ball courts and all playgrounds, City-owned and maintenance medians and parkways, all hiking and bicycling trail heads , in addition to oversight and additional maintenance of contractors. This position supports City Council priority 3A, Community Infrastructure – Improve City Facilities. The one-time costs are $40,000 and the ongoing annual costs are $119,917.

22. Par
ks Maintenance Mechanic: This position will allow for additional maintenance of all 11 City parks, Palm Springs Swim Center, all water features, playing fields, tennis, pickleball, basketball and bocci ball courts, and all playgrounds, City owned and maintenance medians and parkways, all hiking and bicycling trail heads. This position supports City Council priority 3A, Community Infrastructure – Improve City Facilities. The ongoing annual costs
are $99,217.

23. Par
k Maintenance Worker (4): These positions will allow for additional maintenance of all 11 City parks, Palm Springs Swim Center, all water features, playing fields, tennis, pickleball, basketball and bocci ball courts, and all playgrounds, City owned and maintenance medians and parkways, all hiking and bicycling trail heads. These positions support City Council priority 3A, Community Infrastructure – Improve City Facilities. The one-time costs are $80,000 and the ongoing annual costs are
$380,467.

24. Par
ks Contractual Services Savings: The additional Parks staff will allow the City to reduce current landscape maintenance contractual service costs, while providing a more comprehensive maintenance schedule in- house. The additional Parks positions support City Council priority 3A, Community Infrastructure – Improve City Facilities. The ongoing a nnual costs savings are
$(541,900).

Item 3D - 20
4 25. Public Affairs Department ( Materials & Supplies ): Supplies for recently approved Chief Communications Officer. The Chief Communications Officer position supports City Council priority 4B, Good Governance – Improve Communications. The one-time costs are $9,500 and the ongoing annual costs are $5,430.

26. Public Affairs Department – 85th PS Anniversary Celebration: This will support City Council priority 1E, Quality of Life. The one-time costs are $50,000.

27. Marketing and Tourism – Contractual Services: This is for dis cretionary services provided throughout the year. This will support City Council priority 1E, Quality of Life. The ongoing annual costs are $100,000.

28. Planning Department Zoning Code Update: This is for a comprehensive zoning code update to assure our code is consistent with the updated general plan, current day terminology/standards/graphics and overall, more user-friendly. This supports City Council priority 3C, Community Infrastructure – Community Design. The one-time costs are $400,000.

29. Cybersecurity Operations Center: This is the addition of a Security Operations Center (SOC) platform to strengthen the City’s cybersecurity posture against cyber warfare attacks. This position supports City Council priority 4A, Good Governance – Enhance Service Levels. The ongoing annual costs are $148,200.

30. Fiber Master Plan: This is to hire a consulting firm to create a fiber optics master plan. The biggest issue is emergency responders do not have access to the data they need resulting in slower response times and safety issues. The fiber plan would include a project to bring high speed mobile internet into the “Dead Zones” around the city. This supports City Council prioty 1D, Quality of Life - Advance Economic Development (Monitor Broadband Opportunities). The one-time costs are
$200,000.

31. Public Affairs – Communications Branding Package: This is to hire a consultant to create a branding package to help brand City departments and services and develop style guidelines. This supports City Council priority 4B, Good Governance – Improve Communications. The one-time costs are $100,000.

32. Homeless Services: This is for discretionary services provided throughout the year, and supports City Council priority 1A, Quality of Life – Improve Homelessness. The ongoing costs are $2,000,000.

33. Transfer to Facilities Internal Services Fund for In -House Projects: Total one- time transfer of $6,817,500. Costs of c urrent projects are $ 3,771,547 and deferred projects due to COVID are $3,045,953 and are being transferred to Facilities Fund Balance.

34. Transfer to newly created Information Technology (IT) Internal Service Fund: This fund is to provide all departments with equipment replacement (computers, printers, scanners) and contracts related to software services. This will provide unity across all departments while assisting the IT department with better assessing the needs of the City. This supports City Council priority 4A, Good Governance – Enhance Service Levels. The one-time costs are $1,000,000 and ongoing annual costs are
$500,000.

Item 3D - 21
5 35. Af
fordable Housing: The one-time costs are $10,000,000: This is to build up the Affordable Housing Fund so we can respond to affordable housing and to partner with local organizations.

36. Trans
fer to Fleet Maintenance Internal Services Fund for Vehicle Purchases: Current vehicle purchases one-time cost s of $3,695,470 and deferred vehicle purchases one-time costs of $1,304,530 to Fleet Maintenance Fund Balance.

37. Cal
PERS Reserve: Each year the City ’s priority is to set aside $3,000,000 of unreserved fund balance to transfer to the CalPERS reserved fund balance, to assist with future funding for CalPERS unfunded liability. This will be an additional one- time cost of $3,000,000 bringing the total transfer this year of $6,000,000. The $6,000,000 transfer will bring the total CalPERS reserve to $34,250,000.

Staff is currently working on funding options and will bring to City Council at a future meeting. This supports City Council priority 4D, Good Governance – Improve Financial Management.

38. Gener
al Fund Chargeback to the Facilities Maintenance Internal Services Fund, to cover additional employees: The Facilities Maintenance Department added a Building Maintenance Supervisor, Maintenance Electrician, and a Maintenance Mechanic II , including benefits and 3 vehicles. These positions support City Council priority 3A, Community Infrastructure – Improve City Facilities. The one-time costs are $120,000 and the ongoing annual costs are $407,600.

39. Gener
al Fund Chargeback to the Fleet Maintenance Internal Services Fund to cover an additional employee: The Fleet Maintenance Department added a Lead Fleet Technician, including benefits and supplies. This position supports City Council priority 4A, Good Governance – Enhance Service Levels. The one-time costs are $1,100 and the ongoing annual costs are $118,000.

40. Pol
ice and Fire Replacement Radios (Measure J or Fund Balance): The City of Palm Springs currently uses the Eastern Riverside County Interoperable Communication Authority (ERICA) radio system for Police Department, Fire Department, and City -wide communications. The City will be transitioning away from ERICA to the Public Safety Enterprise Communications (PSEC ) radio system, ensuring county -wide public safety interoperability. The one-time costs are estimated at $3,500,000. The City is estimating on receiving a one-time revenue in Federal grant funds of $488,000. This supports City Council priority 1B, Quality of Life – Reduce Crime.

41. The P
laza Theatre (Measure J and Fund Balance): The City of Palm Springs owns the historic Plaza Theatre, which has deteriorated over decades and needs approximately $10-12 million in restoration costs. The Plaza Theatre has launched a campaign to raise capital to fully restore the iconic building.

The one-time costs are $2,000,000. This supports City Council priority 3A, Community Infrastructure – Improve City Facilities.

42. Sec
urity Guards at Recreation Centers: Request for security guards at City recreation facilities to address homeless issues and other safety concerns. This will include security guards for Demuth Community Center Services at the ongoing annual costs of $49,400; James O. Jessie at the ongoing annual costs of $49,400; and Leisure/Swim Center at the ongoing annual costs of $184,300 for a total of ongoing annual costs of $283,500. This supports City Council priority 1B, Quality of Life – Reduce Crime, as well as 4A, Good Governance – Enhance Service Levels.

Item 3D - 22
6 43. Sustainability Associate: Provides green building, energy -efficient and construction solutions, manage research and understand projects for new climate products, support execution and development of new climate products, conduct due diligence and outreach for new climate products and partnerships. The one-time costs are $4,600 and the ongoing annual costs are $135,978.

44. Fee Increases: The City increase in fees is $397,000, using a CIP of 6.9%

45. Parks & Recreation Master Plan Update: Obtain services of a professional consulting firm to conduct studies, a needs assessment, and gather community and stakeholder input toward the development of a comprehensive Parks and Recreation Master Plan. The one-time costs

are $100,000.

46. Deputy Director of Maintenance: this position will bridge the gap between division supervisors and executive level staff and fill the need for additional day -to-day supervision and management resulting in more expedient service and organization. ongoing annual costs are $190,495.

Item 3D - 23

CITY COUNCIL STAFF REPORT
06/16/2022 3. E.

City Clerk -

SUBJECT

REPORT ON THE CITY OF PALM SPRINGS LOCAL ROADS SAFETY PLAN, CITY PROJECT NO. 20-21
RECOMMENDATION:

Receive and file a report on the Local Roads Safety Plan for the City of Palm Springs.

Attachments
Item 3E

CITY COUNCIL STAFF REPORT

DATE: June 16, 2022 NEW BUSINESS

SUBJECT: REPORT O N THE CITY OF PALM SPRINGS LOCAL ROADS SAFETY PLAN, CITY PROJECT NO. 20-21

FROM: Justin Clifton, City Manager

BY: Engineering Division

SUMMARY:

A Local Roads Safety Plan (LRSP) provides the framework for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements on local roads . The process results in a prioritized list of issues, risks, actions, and improvements that can be used to reduce fatalities and serious injuries on the local road network. The plan will be used to obtain grant funding for the identified safety improvements. Th e report is now complete and ready for the City Council to receive and file.

RECOMMENDATION:

Receive and file a report on the Local Roads Safety Plan for the City of Palm Springs.

BACKGROUND:

To date, the City has applied and received $8,054,400 in Highway Safety Improvement Project (HSIP) grant funding and now an LRSP is required on all future HSIP grant applications.

On October 8, 2019, Caltrans announced a call for funding to assist local agencies in developing their own local road safety plans. Each agency was eligible to receive up to $72,000 in State funds for development of the plans.

On October 28, 2019, the City of Palm Springs submitted its application to Caltrans for the full $72,000, with a local contribution of $8,000, for an overall project cost of $80,000 to develop an LRSP.

On June 5, 2020, Caltrans notified the City of Palm Springs that it was awarded $72,000 in State funds, the maximum each agency can receive, for the development of its LRSP, with a local contribution of $8,000, for a total project cost of $80,000.

Item 3E - 1
City Council Staff Report
June 16, 2022 -- Page 2
Local Roads Safety Plan – Receive & File

On July 23, 2020, the City Council adopted Resolution No. 24784 to approve a Program Supplement Agreement between the City and Caltrans, for the development of its LRSP in the amount of $72,000.

On October 22, 2020, the City Council approved a professional services agreement in the amount of $79,345 with Michael Baker International for the development of an LRSP, City Project 20-21.

STAFF ANALYSIS:

While local roads are less traveled than State highways, they have a much higher rate of fatal and serious injury crashes. Developing an LRSP is an effective strategy to improve local road safety for all road users and support the goals of a State’s overall strategic highway safety plan. Although the development process and resulting plan can vary depending on the local agency’s needs, available resources, and targeted crash types, aspects common to LRSPs include:

• Stakeholder engagement representing the 4E’s – E ngineering, Enforcement, Education, and Emergency medical services, as appropriate. • Collaboration among municipal, county, Tribal, State and/or Federal entities to leverage expertise and resources.
• Identification of target crash types and crash risk with corresponding recommended proven safety countermeasures.
• Timeline and goals for implementation and evaluation.

The vision of the City’s LRSP is to advance road safety by reducing fatal and serious injuries while improving the lives of all roadway users. It begins with setting achievable goals which include:

1. Implement proven safety solutions systemically to reduce fatal and sever e injury crashes.

2. Reduce automobile right-of-way violations, which is the leading cause of crashes in the City.

3. Reduce speed-related violations, which is the second leading cause of crashes within the City.

4. Re-evaluate crash trends and associated countermeasures in the LRSP a minimum of every 5 years and engage with the community, stakeholders, and City management.

The City’s LRSP is based on analyzing crash data collected during the five -year period between March 1, 2016 t hrough February 28, 2021, which was the most recent data available at the start of the analysis. A full copy of the report is included as Attachment A and the following is a summary of the key findings:

1. Crash Type. The top 3 crash types include: Broadside (30%), Rear -End (24%), and Hit Object (20%), which combined comprise 74% of total crashes.

Item 3E - 2
City Council Staff Report
June 16, 2022 -- Page 3
Local Roads Safety Plan – Receive & File

2. Cause of Crash. The top 3 causes of crashes are Auto Right -of-Way Violations (20%) followed closely by Unsafe Speed (19%) and Driving Under the Influence (14%).

3. Crash Severity. Of the 2,208 reported crashes, 36% involved property damage only, while 32% complained of pain and 25% had other visible injuries. Additionally, 4% of the crashes resulted in severe injuries while 2% resulted in fatalities.

4. Analysis of Lighting Conditions. Roadways with dark/no streetlights exist, and crashes include Gene Autry Trail, Indian Canyon Drive, and portions of SR-111.

5. Time of Year Analysis. The 4- month time period from January to April experienced the greatest percent of crashes (35.2%).

6. Time of Day Analysis. The 3 -hour time period of noon to 3 PM experienced the greatest number of crashes, despite the fact that the higher traffic volumes tended to occur between 3 PM and 6 PM.

7. Bicycle and Pedestrian Crashes.
a. 110 pedestrian- involved crashes were reported that included 17 fatal crashes and 21 severe injury crashes.
b. 69 bicycle-involved crashes were reported that resulted in 4 fatalities and an additional 41 injuries.

It is import ant to note that the City has already installed several mitigations during the period between March 2016 to February 2021 to address these issues . Also, more improvements are already in the process of construction or the design phase that will address many of the key findings from the data analysis. A full list of projects and a map are found on pages 9-11 of the attached report.

Based on the key findings and projects already in the works by the City, a total of ten (10) projects have been identified for future HSIP funding. The LRSP recommends four (4) projects that will improve intersection safety, three (3) projects that emphasize speed management, and three (3) projects that increase safety for bicyclist and pedestrians.

Detailed descriptions of each project start at page 50 of the attached report.

The LRSP provides the City with a toolbox of countermeasures to address systemic crash patterns and reduce crashes at the City’s top crash locations. The combination of countermeasures that were selected for each project and location is to provide the most competitive applications for HSIP grant funding.

In addition to HSIP projects, opportunities for education related to bicycle and pedestrian activity and enforcement related to DUI crashes have also been identified.

Item 3E - 3
City Council Staff Report
June 16, 2022 -- Page 4
Local Roads Safety Plan – Receive & File

This LRSP also provides the City with in-depth analysis of crash data that could be useful in determining safety improvements based on current programs outside of the HSIP grant funding process, such as Safe Routes to School (SRTS).

This document is considered a living document to be updated every five years to assess how well the implemented strategies have performed and update the crash data to identify new trends that might occur throughout the City.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines the requested City Council action is not a “Project” pursuant to Section 15378(b)(1).

Continuing administrative and maintenance activities, such as the purchase for supplies, personnel-related actions, general policy and procedure making are not considered a “Project”.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “ Community Infrastructure (3B) 5-Year Capital Improvement Plan”, identify High-Priority Facilities.

This item also supports Circulation Element Goal 1, and Policies 1.1, 2.2, 3.1, 5.3, 6.5,

6.6 & 6.8 of the Palm Springs General Plan.

FISCAL IMPACT:

Not applicable.

REVIEWED BY:

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

ATTACHMENTS:

A. Local Roads Safety Plan Report
Item 3E - 4
Attachment A
Item 3E - 5
JN 182244 JN 182244 JN 182244 JN 182244
City of Palm Springs Local Roadway Safety Plan
FINAL

P
repared for:

City of Palm Springs

P
repared by:

Michael Baker International

M
ay 20, 2022
Item 3E - 6
Michael Baker

INTERNATIONAL
JN 182244 JN 182244
Certification

May 20, 2022

W
e certify the following report has been prepared under the supervision of a registered professional engineer.

MICHAEL BAKER INTERNATIONAL

C
arla Dietrich, P.E. (PA), PTOE
Transportation Planner

Dawn Wilson, P.E., T.E.

Traffic Engineer

Item 3E - 7
Palm Springs Local Roadway Safety Plan (LRSP)
Page i
Contents

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

2. Introduction ..................................................................................................................................... 2

3. Vision & Goals .................................................................................................................................. 3

3.1. Vision ................................................................................................................................... 3

3.2. Goals .................................................................................................................................... 3

4. Safety Partners ................................................................................................................................. 4

4.1. First Stakeholder Meeting ................................................................................................... 5

4.2. Second Stakeholder Meeting .............................................................................................. 5

5. Process ............................................................................................................................................. 7

6. City Policies and Recent Transportation Projects ............................................................................ 8

6.1. City of Palm Springs General Plan ....................................................................................... 8

6.2. City of Palm Springs Pedestrian Plan .................................................................................. 9

6.3. Previous HSIP Funded Projects & Current Transportation Projects ................................... 9

7. Crash Data Summary ...................................................................................................................... 12

7.1. General Findings ............................................................................................................... 14

7.1.1. Crashes by Year .................................................................................................... 14

7.1.2. Crash Type Summary........................................................................................... 14

7.1.3 Cause of Crash Summary ..................................................................................... 15

7.2. Detailed Crash Analysis ..................................................................................................... 18

7.2.1. Crashes by Type ................................................................................................... 18

7.2.2. Crashes by Cause.................................................................................................. 26

7.3. Crash Severity .................................................................................................................... 34

7.4. Analysis of Lighting Conditions ......................................................................................... 37

7.5. Time of Year Analysis ........................................................................................................ 38

7.6. Time of Day Analysis ......................................................................................................... 38

7.7. Bicycle and Pedestrian Crashes ......................................................................................... 39

7.7.1. Pedestrian Involved Crashes ................................................................................ 39

7.7.2. Bicycle Involved Crashes ...................................................................................... 40

8. Hot Spot Locations - Intersections ................................................................................................. 41

8.1. City-Identified Hot Spots ................................................................................................... 43

8.2. Stakeholder-Identified Hot Spots ...................................................................................... 43

9. Hot Spot Locations – Corridors ...................................................................................................... 44

9.1. Crash Rate Analysis ........................................................................................................... 44 Item 3E - 8
Palm Springs Local Roadway Safety Plan (LRSP)
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10. Emphasis Areas & Countermeasures ............................................................................................. 46

10.1. Emphasis Areas ................................................................................................................. 46

10.2. Countermeasures .............................................................................................................. 48

11. Evaluation & Implementation ........................................................................................................ 60

12. Conclusion ...................................................................................................................................... 62 APPPENDIX A – Project Detail Sheets.......................................................................................................... 63

List of Tables
Table 1: List of Stakeholders & Involvement ................................................................................................ 4 Table 2: Previous HSIP Projects ..................................................................................................................... 9 Table 3: List of Current City Transportation Projects .................................................................................. 10 Table 4: Reported Number of Crashes by Year and Injury Type ................................................................. 14 Table 5: Crash Types by Year ....................................................................................................................... 14 Table 6: Cause of Crashes by Year ............................................................................................................... 16 Table 7: Most Frequent Broadside Crash Locations ................................................................................... 18 Table 8: Most Frequent Rear-End Crash Locations ..................................................................................... 21 Table 9: Most Frequent Auto Right of Way Violation Locations ................................................................. 28 Table 10: Most Frequent Crash Causes by Mode ....................................................................................... 33 Table 11: Crash Injury Types by Year .......................................................................................................... 34 Table 12: Motor Vehicle Involved With by Year ......................................................................................... 35 Table 13: Crashes by Month ........................................................................................................................ 38 Table 14: Pedestrian Actions ....................................................................................................................... 39 Table 15: Crash Costs .................................................................................................................................. 41 Table 16: Intersection Hot Spots (Top 35) .................................................................................................. 41 Table 17: City-Identified Intersection Hot Spots ......................................................................................... 43 Table 18: Roadway Segment Crash Rate Analysis ....................................................................................... 45 Table 19: LRSP Emphasis Areas ................................................................................................................... 47 Table 20: Summary of Projects ................................................................................................................... 49 Table 21: LRSP Implementation Plan ....................................................................................................... 61

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List of Figures
Figure 1: HSIP & Other Current Transportation Projects ............................................................................ 11 Figure 2: Citywide Intersection Crash Map ............................................................................................. 13 Figure 3: Broadside Crash Location Map ................................................................................................. 20 Figure 4: Rear-End Crash Location Map ...................................................................................................... 22 Figure 5: Fatal and Severe Injury Rear-End Crashes ............................................................................... 23 Figure 6: Fatal and Severe Injury Hit Object Crashes ............................................................................. 25 Figure 7: Auto Right of Way Violation Heat Map .................................................................................... 27 Figure 8: Unsafe Speed Crashes Heat Map ................................................................................................. 30 Figure 9: DUI Crashes .................................................................................................................................. 32 Figure 10: Fatal Crashes by Mode ............................................................................................................... 36

List of Exhibits
Exhibit 1: Crash Type ................................................................................................................................... 15 Exhibit 2: Crash Causes................................................................................................................................ 17 Exhibit 3: Crash Severity (All Crashes) ......................................................................................................... 34 Exhibit 4: Report Lighting Conditions .......................................................................................................... 37 Exhibit 5: Crashes by Time of Day ............................................................................................................ 38 Exhibit 6: Crash Severity of Pedestrian-Involved Crashes .......................................................................... 39 Exhibit 7: Crash Severity of Bicycle-Involved Crashes ................................................................................. 40

Item 3E - 10
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Palm Springs City CouncilJune 16, 2022

Palm Springs City Council
June 16, 2022