Agenda packet — Palm Springs City Council, July 28, 2022 (part 4 of 4)

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Item 1O - 36
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SERVICES LLC
~
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Quote
Date
1/10/22
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 8,2 48.50 32,9 94.00T
06- Farrell Dr at Taquitz
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
4 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 8,2 48.50 32,9 94.00T

Page 4 ends

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Item 1O - 37
L-L=L

SERVICES LLC
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Quote
Date
1/10/22
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
07- Baristo at Sunrise Way
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
2 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 7,9 82.75 31,9 31.00T
08- Baristo at Farrell way
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

Page 5 ends

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Item 1O - 38
L-L=L

SERVICES LLC
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/Ill
Quote
Date
1/10/22
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 8,2 48.50 32,9 94.00T
09- Ramon at Sunrise Way
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

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Item 1O - 39
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Page 7 ends

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Item 1O - 40
L-L=L

SERVICES LLC
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Quote
Date
1/10/22
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 7,9 82.75 31,9 31.00T
12- Mesquite at Sunrise Way
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

Page 8 ends

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Item 1O - 41
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EMCABLE)
2 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 7,9 82.75 31,9 31.00T
14- Palm Canyon at Sunrise Way
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

Page 9 ends

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Item 1O - 42
L-L=L

SERVICES LLC
I
~ . ½; . ~~ 7 jj- AA
Quote
Date
1/10/22
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 8,2 48.50 32,9 94.00T
15- Palm Canyon at Smoke Tree Ln
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

Page 10 ends

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Item 1O - 43
L-L=L

SERVICES LLC
~
~ . / · . ~ 1 ~
Quote
Date
1/10/22
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
16- Farrell way at Palm Canyon Dr
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

Page 11 ends

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Item 1O - 44
L-L=L

SERVICES LLC
Quote
Date
1/10/22
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 7,9 82.75 31,9 31.00T
Prices are valid for 30 days from the date of quote unless extended in writing. Prices on this quote include material only unless otherwise stated.

Page 12 ends

$595,204.35
$552,394
.00
$42,810.35
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Item 1O - 45
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SERVICES LLC
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QUOTATION
SCC051220B Estimator: Shellie Campbell
Palm Springs City of (760)734-5031
Traffic Signal and ADA Improvements Project [email protected] 5/12/20

Bid Item Description
24 Racquet Club Dr @ Indian Canyon, #1
Vehicle and Pedestrian Signals (where shown new)

Quote #:

Agency:

Job Name:

Bid Date:

Price

$5,808.00

Marathon BBS with Batteries and External Cabinet $4,768.00

25 Racquet Club Dr @ Sunrise Way, #2
Signals with Type B Bulldog PPB (where shown new) $9,479.00

Marathon BBS with Batteries and External Cabinet $4,768.00

26 Gene Autry Trail @ Via Escuela, #3
Pedestrian Signals (where shown new) $2,851.00

Marathon BBS with Batteries and External Cabinet $4,768.00

27 Amado Rd @ Sunrise Way, #4
Signals with Type B Bulldog PPB (where shown new) $8,102.00

Marathon BBS with Batteries and External Cabinet $4,768.00

28 Tahquitz @ Sunrise Way, #5
Signals with Type B Bulldog PPB (where shown new)

$6,272.00

Marathon BBS with Batteries and External Cabinet

$4,768.00

29 Tahquitz @ Farrell Dr., #6
Signals with Type B Bulldog PPB (where shown new)

$9,479.00

Marathon BBS with Batteries and External Cabinet

$4,768.00

Item 1O - 46
Original Quotation

31 Baristo @ Farrell Way, #8
Signals with Type B Bulldog PPB (where shown new) $9,479.00

Marathon BBS with Batteries and External Cabinet $4,768.00

32 Ramon @ Sunrise Way, #9
Signals with Type B Bulldog PPB (where shown new)

$9,483.00

Marathon BBS with Batteries and External Cabinet

$4,768.00

33 Ramon @ El Cielo Rd, #10
Pedestrian Signals (where shown new)

$2,851.00

Marathon BBS with Batteries and External Cabinet

$4,768.00

34 Ramon @ Paseo Dorotea, #11

Signals with Type B Bulldog (where shown new) $7,081.00

Marathon BBS with Batteries and External Cabinet $4,768.00

35 Mesquite @ Sunsrise Way, #14
Signals with Type B Bulldog PPB (where shown new) $6,012.00

Marathon BBS with Batteries and External Cabinet $4,768.00

36 Dinah Shore dr @ Crossley Rd, #15
Signals with Type B Bulldog PPB (where shown new) $6,048.00

Marathon BBS with Batteries and External Cabinet $4,768.00

37 Palm Canyon Dr @ Sunrise Way, #16
Pedestrian Signals (where shown new) $2,958.00

Marathon BBS with Batteries and External Cabinet $4,768.00

30 Baristo @ Sunrise Way, #7
Signals with Type B Bulldog PPB (where shown new)

$5,708.00

Marathon BBS with Batteries and External Cabinet

$4,768.00

Item 1O - 47

38 Palm Canyon Dr @ Smoke Tree Lane, #17
Signals with Type B Bulldog PPB (where shown new) $5,242.00

Marathon BBS with Batteries and External Cabinet $4,780.00

39 Palm Canyon Dr @ Farrell Way, #18
Signals with Type B Bulldog PPB (where shown new) $7,861.00

Marathon BBS with Batteries and External Cabinet $4,768.00

40 Palm Canyon Dr @ Cherokee Way, #19
Signals with Type B Bulldog PPB (where shown new) $4,048.00

Marathon BBS with Batteries and External Cabinet $4,768.00

NO other material is included with this bid

New Poles with Anchor Bolts comply to Caltrans 2006 Plans

Current lead-time is 20-25 weeks for delivery. Lead-times are subject to change without notice.

NO BID on Video Det Sys and Pre-Emption Sys

All material complies with Buy America requirements per Caltrans latest revised Standard Specifications.

This quote valid for 120 days and will EXPIRE on 9.09.20

Reference Total $189,818.00

Prices firm for 120 days. Freight included. Add sales tax. Sale is subject to McCain's standard terms and
conditions.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other
than the intended recipient is prohibited. ,

If you received this in error, please contact the sender and delete the material from any computer.

OK
Item 1O - 48

Attn: Olivia Chea
Belco-Elecnor Group
Ref Job# 140497

12.06.21-Revised Signals at Intersection# 2,7,9,14, & 17, per revised Unapproved plans, Delta Note 2 dated 10.29.21, along with a price for material, on this quote, at each intersection.

Please note prices are subject to change it materials are not released by 1/31/2022.

Quote #: SCC051220B Estimator: Shellie Campbell
Agency: Palm Springs City of (760)734-5031
Job Name: Traffic Signal and ADA Improvements Project [email protected] Bid Date: 5/12/20

Bid Item
24 Description
Racquet Club Dr @ Indian Canyon, #1
Vehicle and Pedestrian Signals (where shown new)
Price

$5,808.00
Revised Price ADDER for Material price increase $758.00

Marathon BBS with Batteries and External Cabinet

$4,768.00
Revised Price ADDER for Material price increase $266.00

25 Racquet Club Dr @ Sunrise Way, #2
Signals with Type B Bulldog PPB (where shown new)

$9,479.00
Revised Price ADDER for Material price increase $1,201.00 Revised Added Post Top PPB Frame for new Ped Post at Loc. 4 per Revised, Delta Note 2 Plans dated 10.29.21
No Add'l Charge

Marathon BBS with Batteries and External Cabinet

$4,768.00
Revised Price ADDER for Material price increase $266.00 Item 1O - 49
11/l ,,. .. ®
_ ... c..,a,n
26 Gene Autry Trail@ Via Escue/a, 113
Pedestrian Signals (where shown new)
Revised !Price ADDER for Material price Increase
Marathon BBS with Batteries and External Cabinet
Revised !Price ADDER for Material price increase
27 Amado Rd @l Sunrise Wav, 114
Signals with Type B Bulldog PPB (where shown new)
o<, ,a 12.0.u u Price CREDIT to Delete Vehicle Signals (Loe. C&I) and Delete PPB for exist PPB Post (Loe. F,H,J,L) all per revised plans dated 11.13.20 Revised Price ADDER for Material price increase
Marathon BBS with Batteries and External Cabinet
Revised !Price ADDER for Material price increase
$2,851.00
s3o3.oo I
$4,768.00
s266.oo 1
$8,102.00
($1,384.00)
S1,925.00
$4,768.00
s266.oo I
Revised Quotation
28 Tahquitz @ Sunrise Way, #5
Signals with Type B Bulldog PPB (where shown new) $6,272.00 Revised Price ADDER for Material price increase $754.00 Marathon BBS with Batteries and External Cabinet $4,768.00 Revised Price ADDER for Material price increase $266.00 29 Tahquitz @ Farrell Dr, #6
Signals with Type B Bulldog PPB (where shown new) $9,479.00 Revised Price ADDER for Material price increase $1,201.00 Marathon BBS with Batteries and External Cabinet $4,768.00 Revised Price ADDER for Material price increase $266.00 Item 1O - 50
30 ~ @ Sunrise Way, tf7
Signals with Type B Bulldog PPB (where shown new) 55,708 .00 Revised Price ADDER for Material price increase $681.00 Revised Added Post Top PPB Frame for new Ped Post at Loe. 4 per Revised, Delta Note 2 Plans dated 1029.21
No Add' I Charge !
Marathon BBS with Batteries and External Cabinet 54,768 .00 Revised !Price ADDER for Material price increase s266.oo 1 31 ~ @ Farrell Way, #8
Signals with Type B Bulldog PPB (where shown new) 59,479.00 Revised !Price ADDER for Material price increase s 1,201 .oo 1 Marathon BBS with Batteries and External Cabinet 54,768 .00 Revised !Price ADDER for Material price increase s266.oo 1 32 Ramon @ Sunrise Way, #9
Signals with Type B Bulldog PPB (where shown new) 59,483 00 Revised Price ADDER for Material price increase $1,197.00 Revised Added Post Top PPB Frame for new Ped Post at Loe. D No Add'I Charge per Revised, Delta Note 2 Plans dated 1029.21
Marathon BBS with Batteries and External Cabinet $4,708 .00 Revised I Price ADDER fer Material price increase $266.oo 1 33 R4mon @ El Cie/o Rd, #10
Pedestrian Si nals where shewn new) $2 851.00
Revised Price ADDER fer Motcrial price increase $303.00 Marathon BBS with Batteries and External Cabinet $4,768 .00 Revised !Price ADDER for Material frice increase s266.oo 1

Item 1O - 51
34 Ramon @Paseo Dorotea, #11
Signals with Type B Bulldog PPB (where shown new)
Rvsd 12.04.20 Price ADDER for Oty 1, new Pedestrian Signal (Loe. 7) per revised Plans dated 11.13.20
Revised Price ADDER for Material orice increase
Marathon BBS with Batteries and External Cabinet
Revised Eric~ ADDER [or Matedal nrice ioctease
35 Revised
Revised
Marathon BBS with Batteries and External Cabinet
Revised !Price ADDER for Material price increase
36 Dinah Shore dl;,@Cross ley Rd, 1t15
Signals with Type B Bulldog PPB (where shown new)
Revised !Price ADDER for Material price increase
Marathon BBS with Batteries and External Cabinet
Revised !Price ADDER for Material price increase
37 Palm Canyon Or@ Sunrise Way, tt16
Marathon BBS with Batteries and External Cabinet
Revised !Price ADDER for Material price increase
38 Palm Canyon Dr@Smoke Tree Lane, 1t17
er Revised Plan
$7,081.00
$350.00
$913.00
$4,768.00
$2.66,00
$6,012.00
$ 000
($395.00)
$4,768.00
s266.oo I
$6,048.00
s126.oo I
$4,768.00
s 266.oo I
$2,958.00
$4,768.00
s266.oo 1
Signals with Ty_pe B Bulldog PPB (._w_he_r_e_s_ho_w_n_n_e_w,,) __________ ss_._24_2_.o_o __ Price ADDER for Material price increase $1 ,245.00 Revised Revised Added Post Top PPB Frame for new Ped Post at Loe. 6 No Add'I Charge = r Revised Delta Note 2 Plans dated 10.29.21
Marathon BBS with Batteries and External Cabinet 54,768.00 Revised Price ADDER for Material orice increase $266.00 39 Palm Canvon Dr «i> Farrell Wav. 1t18
Signals with Type B Bulldog PPB {where shown new) $7,861.00 Revised Price ADDER for Material price increase $975.00 Marathon BBS with Batteries and External Cabinet $4,768.00 Revised !Price ADDER for Material price increase s266.oo I

OK
Item 1O - 52
40 Palm Canyon Dr @Ch erokee Way, 1119
Signals with Type B Bulldog PPB (where shown new)
Revised !Price ADDER for Material price increase
Marathon BBS with Batteries and External Cabinet
Revised !Price ADDER for Material price increase
NO other material is included with this bid
Current lead-lime is 20-25 weeKs for delivery. Lead-limes are subject to cnange witnout notice.

I NO BID on Video Del Sys and Pre-Emption Sys
All material complies witn Buy America requirements per Caltrans latest revised Standard Specifica1ions.
$4,048.00
$45s.oo 1
$4,768.00
s266.oo 1
Reference Total-Revised $207,777.00
Price s firm for 120 days. Freight included. Add sales tax.

Sale is subject to McCain 's standard tenns and condit ions.

The infonnation tran~mined is intended only for the person or entity to which it i~ addre ssed and may contain confidentia l and/or legally privileged mater ial. Any review , retransmission , dissemina tion or other use. of, or talcing of any action in reliance upon , this information by person~ or entities other than the intended recip ient is prohibited. ,
If you recei ved this in error , please contact the sender and delete the materia l from any computer.

CHANGE ORDER QUOTE
To: ELECNOR BE LCO From: Karina Chavez
ATTN: Olivia Phone#: 714-712-8526
Fax#: 714-
712-8517
Job: 14-0497 Palm
Springs Date : 12/7/2021
Re: REVISIONS

UNIT EXT
ENDED

QTY TYPE DESCRIPTION PRICE TOTAL
1 LOT LOT PRICE ADDER 68,825.00$ 68,825.00$ 1 PRICE INCREASE FOR STEEL POLES & ANCHOR BOLTS 1 PRICE INCREASE FO

R GE FIXTURES
REVISE
2 POLE 24-4-
100 W/35 & 15 - Location #2
(2
) POLE 26-4-100 W/35 & 15 - Location #2
(1
) POLE 24-4-100 W/35 & 15 - Location #4
1 POLE 26-4-100 W/40 & 15 - Location #4
(1
) POLE 26-4-100 W/45 & 15 - Location #5
1 POLE PPBP 3' 11" - Location #7
1 POLE 26-4-
100 W/45 & 15 - Location #9
1 POLE PPBP 3' 11" - Location #9
1 POLE 26-4-
100 W/40 & 15 - Location #9
(1
) POLE 26-4-100 W/40 & 15 - Location #15
1 POLE 26-4-100 W/45 & 15 - Location #15
1 POLE PPBP 3' 11" - Location #17
DELE
TE
(2) SIGN IISNS "Sunrise Way "
Lead times are approximate, and not guaranteed.

We cannot guarantee any dates provided, especially when outside factors, such as vendored material (i.e, current worldwide ballast shortage) may delay production /
shipment. Also be advised, we also cannot guarantee
availability of stock quantities, as these quantities change throughout each day, as orders are processed nationwide.

PLEASE FAX BACK THE FOLLOWING WRITTEN
CONFIRMATION TO PROCEED WITH ORDER:

PO / REF # _________________________________
SIGNED _________________________________
DATE ___________________
Total: 6 8,825.00$
We hope that we shall be favored with your order.

GEXPRO
2099 S. STATE COLLEGE BLVD
SUITE 200
ANAHEIM, CA 92806
This Quotation supercedes all previous quotations and agreements relating to this transaction. Unless otherwise stated on this document: (i) Our quotation for your use in submitting a job or project bid to your customer expires 30 days from the date hereof, and may be withdrawn earlier by us if prior to acceptance of your bid. (ii) All other quotations are subject to price increases in effect through time or shipment.

All sales transactions are subject to credit approval. Any quotation and all transactions with Gexpro are conditioned upon Gexpro’s Terms and Conditions of Sale located at https://www.gexpro.com/usg/termsAndConditions. Quotation is valid for 30 days after the date of issue unless otherwise specified. Items subject to governmental tariffs effective on or after quotation will be price in effect at time of shipment unless otherwise specified. Proposala doesn't include tariffs going into effect 5/15/19. Quotation for commodity items is valid for the day of the quote only unless otherwise specified. All amounts quoted do not include state, local or municipal taxes. Taxes are added at time of sale.

KR10/98
6/27/2022
Item 1O - 53
•Gexp 1ro
A"~II~
Price adder for escalation
and design changes

CITY COUNCIL STAFF REPORT
07/28/2022 1. P.

City Clerk -

SUBJECT

REQUEST BY ROBERT HOWARD AND LISA HOWARD, OWNERS, FOR

APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 360 CABRILLO ROAD UNIT 201, A CONTRIBUTING

STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC DISTRICT (APN #504-131-042 (HSPB #88 / HD-3)
RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, Robert Howard, Lisa Howard, and the Racquet Club Cottages West Homeowners Association.

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

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

Attachments
Item 1P

CITY COUNCIL STAFF REPORT

DATE: JULY 28, 2022 CONSENT AGENDA

SUBJECT: REQUEST BY ROBERT HOWARD AND LISA HOWARD, OWNERS, FOR

APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 360 CABRILLO ROAD UNIT 201, A CONTRIBUTING

STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC
DISTRICT (APN #504-131-042 (HSPB #88 / HD-3)

FROM: Justin Clifton, City Manager

BY: Department of Planning Services

SUMMARY:

This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with Robert Howard and Lisa Howard (owners) and the Racquet Club Cottages West Homeowners Association. The intent of this contract is to require maintenance and preservation of 360 Cabrillo Road Unit 201 , a contributing structure in a City-designated historic district in exchange for possible property tax relief as determined by the Riverside County tax assessor.

RECOMMENDATION:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, Robert Howard, Lisa Howard, and the Racquet Club Cottages West Homeowners Association.

2. Authorize the City Manager to execute the Agreement.

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

STAFF ANALYSIS:

On November 20, 2013, the City Council designated Racquet Club Cottages West (HSPB #88 / HD-3), a historic district via Resolution No. 23458. The dwelling at 360 Cabrillo Road Unit 201 is a contributing structure within the historic district.

Pursuant to California Government Code Sections 50280 – 50290, upon the application of an owner of any qualified historic property, the legislative body of a city may contract with the owner or agent to restrict the use of the property to carry out the purposes and goals of historic preservation of the property. Such a contract is commonly referred to as Item 1P - 1
City Council Staff Report
July 28, 2022 -- Page 2
Mills Act Agreement – 360 Cabrillo Road Unit 201

a “Mills Act Agreement” and it provides for possible alternative property tax rate calculations in exchange for specific and ongoing preservation and maintenance of the property, specifically its historically significant elements and characteristics.

BELOW IS AN AERIAL VIEW OF THE RACQUET CLUB COTTAGES WEST

BELOW IS THE ENTRY TO UNIT 201

Item 1P - 2
City Council Staff Report
July 28, 2022 -- Page 3
Mills Act Agreement – 360 Cabrillo Road Unit 201
Pursuant to California Government Code Section 50280.1, a “qualified historical property” means a privately-owned property which is not exempt from property taxation and is listed in any state, city, or county official register of historical or architecturally significant sites, places, districts, or landmarks. The dwelling at 360 Cabrillo Road Unit 201, is listed as a contributing structure within the Racquet Club Cottages West Historic District in the City of Palm Springs register of Historic Sites and Districts as site HSPB #88 / Historic District #HD-3.

FISCAL IMPACT:

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

REVIEWED BY:

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

A. Vic
inity Map
B. Excerpt of Meeting Minutes (Resolution 23458)
C. Letter from the owner dated June 22, 2022
D. Letter from the Homeowners Association dated June 17, 2022 Item 1P - 3

ATTACHMENT A

Item 1P - 4

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
360 Cabrillo Road Unit 201
HSPB 88

Item 1P - 5
SE PUtl/ECl!!,, - RO
SAN · Ml\ RCOWAY
•
. .

W E .
.
s

ATTACHMENT B
Item 1P - 6
Item 1P - 7

CITY OF PALM SPRINGS

OFFICE OF THE CITY CLERK
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8204

EXCERPTS OF MINUTES
At the City Council meeting of the City of Palm Springs held November 20, 2013, the City Council took the following action:

1.C. HISTORIC DISTRICT DESIGNATION FOR THE RACQUET CLUB

COTTAGES WEST CONDOMINIUMS (NOW KNOWN AS THE
RACQUET CLUB GARDEN VILLAS) AT 360 WEST CABRILLO ROAD
(HSPB 88, HD-3):

Margo Wheeler, Director of Planning Services, provided background information as outlined in the staff report dated November 20, 2013.

Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.

KIM ZAKOWSKI, HOA President Racquet Club Villas, commented on the detailed request for historic designation, the history of the Racquet Club Villas, and requested the City Council approve the Historic District.

ERIK ROSENOW, Palm Springs Preservation Foundation, commented on the history of the development and the nomination, and requested the City Council support the designation.

No further speakers coming forward, the public hearing was closed.

ACTION: Adopt Resolution No. 23458, "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

DESIGNATING THE RACQUET CLUB COTTAGES WEST LOCATED AT
360 CABRILLO ROAD AS HISTORIC DISTRICT NO. 3 (COMMON AREA APN 504-131-061) (HSPB 88, HD-3)." Motion Councilmember Foat, seconded by Councilmember Lewin and unanimously carried 4-0 on a roll call vote.

AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro Tern Mills, and Mayor Pougnet.

NOES: None.

ABSENT: Councilmember Hutcheson.

Item 1P - 8
I, CYNTHIA A. BERARDI, Interim Chief Deputy City Clerk of the City of Palm Springs, hereby certify that the above action took place at a regular meeting of the City Council held on the 20th day of November, 2013.
tJa;;?
Cynthia A. Berardi, CMG
Interim Chief Deputy City Clerk

ATTACHMENT C

Item 1P - 9
Item 1P - 10
June
22,
2022
Ken
Lyon,
RA
Principal
City
Planner
Historic
Preservation
Officer
Department
of
Planning
Services
City
of
Palm
Springs,
California
3200
Tahquitz
Canyon
Way
Palm
Springs,
CA
99263
Dear
Mr.

Lyon,
We
are
the
current
owners
of
Unit
#201
at
Racquet
Club
Cottages
West
which
was
granted
a
Class
1 Historic
District
Designation
by
the
City
of
Palm
Springs
on
November
20,
2013.

The
complex
was
originally
designed
in
1959
by
architect
William
F
Cody,
with
landscape
design
by
Philip
Shipley,
and
built
by
developer,
Paul
Trousdale.

We
purchased
our
merged
unit
(originally
201
and
203)
on
August
10,
2020.

We
intend
to
rehabilitate,
restore
and
improve
the
property
following
the
guidelines
provided
by
the
historic
designaUon
(see
fist
below).

At
this
time,
we
would
like
to
apply
for
a
Mills
Act
Tax
Abatement
Contract
with
the
City
of
Palm
Springs
and
the
County
of
Riverside,
CA.

Attached
you
will
find
the
application
fee
of
$1
192.00
Please
do
not
hesitate
to
contact
us
with
any
questions.

Lisa's
mobile
is
917-575-8289
or
email:
[email protected]
~C?Ji.~ Rob
Howard
Ra.c.quet
Club
Cottages
. We.st
360
Cabrillo
Road,
Unit
201
Palm
Springs,
CA
92262

MAILING
ADDRESS:

Rob
and
Lisa
Howard
716
Clove
. Ro
.ad,.

Hobart,
NY
13788
Lisa
Howard

JACQUELINE
R.

PLOSS
Notary
Public,
State
of
New
York
Registration
#01
PL6357161
Qualified
In
Schoharie
C~unt~
Commission
Expires
_!)'I/It>
Q
t1c2o
~1(/)t;#

ATTACHMENT D
Item 1P - 11
Item 1P - 12
PERSONALliED

PROPERTY MANAGEMENT
Tlw
C(.lm:helia
h1llt--,
·s Com11u111iiy
Managem,,,u
Comptm)
June
17,
2022
City
of
Palm
Springs
'Racquet
c{
u6
Cotta,qes
West
Planning
Department
Services
320
E.

Tahquitz
Canyon
Way
Palm
Springs,
CA
92263
689SQ
Aqelin~
Rd.

Cathedral
City,
CA
92234
Phone:
(760)
325
.. 9500
Fax:
(760)
325-9300
Please
accept
this
letter
of
intent
on
behalf
of
the
Racquet
Club
Cottages
West
Homeowners
Association
to
enter
a Mills
Act
Contract
with
the
City
of
Palm
Springs
and
Lisa
and
Rob
Howard,
owner
of
unit
201,
360
Cabrillo
Road,
Palm
Springs,
CA
92262.

Sincerely, Paul
Rosen
Vice
President
Board
of
Directors

CITY COUNCIL STAFF REPORT
07/28/2022 1. Q.

City Clerk -

SUBJECT

REQUEST BY BARBARA MALOTT KIZZIAH TRUST, OWNER, FOR APPROVAL

OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE GEORGE GILMAN RESIDENCE, A CLASS 1 HISTORIC SITE LOCATED AT 574 WEST MARISCAL ROAD (APN #504-281-012) (HSPB #142)
RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and The Barbara Malott Kizziah Trust.

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

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

Attachments
Item 1Q

CITY COUNCIL STAFF REPORT
DATE: JULY 28, 2022 CONSENT AGENDA
SUBJECT: REQUEST BY BARBARA MALOTT KIZZIAH TRUST, OWNER, FOR

APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR THE GEORGE GILMAN RESIDENCE, A CLASS 1
HISTORIC SITE LOCATED AT 574 WEST MARISCAL ROAD (APN #504- 281-012) (HSPB #142)
FROM: Justin Clifton, City Manager
BY: Planning Division
SUMMARY:

Th
is is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with the current property owner, Barbara Malott Kizziah Trust, of a Class 1 historic site.

The intent of this contract is to require maintenance and preservation of this Class 1 historic site in exchange for possible property tax relief as determined by the Riverside County tax assessor.

RECOMMENDATION:

1. Ap
prove a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and The Barbara Malott Kizziah Trust.

2. Authorize the City Manager to execute the Agreement.

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

STAFF ANALYSIS:

On May
12, 2022, the City Council designated the property located at 574 West Mariscal Road, also known as “The George Gilman Residence” (HSPB #142), a Class One Historic Site by adopting Resolution No. 25005.

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

Item 1Q - 1
City Council Staff Report
July 28, 2022 -- Page 2
Mills Act Agreement – 574 West Mariscal Road

California Government Code Section 50280.1 denotes the property as eligible for application of a Mills Act contract and must be listed in a state, city, or county official register of historic sites. The dwelling at 574 West Mariscal Road was locally designated and therefore qualifies for a Mills Act Contract.

BELOW IS AN AERIAL VIEW OF 574 WEST MARISCAL ROAD

FISCAL IMPACT:

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

REVIEWED BY:

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

ATTACHMENTS:

A. Vicinity Map
B. City Council Resolution No.25005
C. Owner Letter
Item 1Q - 2

ATTACHMENT A

Item 1Q - 3

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
HSPB 142 574 Mariscal Road

Item 1Q - 4
cc:
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WJI ISTA C HI NO
•
.
. .

W E .
.
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s

ATTACHMENT B
Item 1Q - 5
Item 1Q - 6
I
I
I
RESOLUTION NO.: 25005

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS , CALIFORNIA , DESIGNATING "THE
GILLMAN RESIDENCE " LOCATED AT 574 WEST
MARISCAL DRIVE, AS CLASS 1 (LANDMARK) HISTORIC
RESOURCE HSPB #142, SUBJECT TO CONDITIONS (APN
504-281-012).

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

WHEREAS , Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
WHEREAS , Barbara and Keith Kizziah, owners, submitted an application to the City seeking historic site designation of The Gillman Residence located at 57 4 West Mariscal Drive, Case HSPB #142; and
WHEREAS , in March 2022, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and WHEREAS , on April 5, 2021, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #142 was held in accordance with applicable law; and
WHEREAS , at said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including , but not limited to, the staff report and all written and oral testimony and voted unanimously to recommend that the Council designate the Gillman Residence a Class 1 (Landmark) historic resource; and
WHEREAS , on May 12, 2022, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #142 was held in accordance with applicable law; and WHEREAS , at said hearing, the City Council of the City of Palm Springs carefully reviewed and considered all the evidence presented in connection with the hearing on the project , including , but not limited to the staff report and all written and oral testimony.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

SECTION 1: FINDINGS - PART "A", CRITERIA FOR HISTORIC RESOURCES .

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

Item 1Q - 7
Resolut ion No.25005

Page 2 ends

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

The Gillman residence exhibits exceptional historic significance because of its association with architect Herbert Burns and is a noteworthy example of a custom-home design from the mid-twentieth century period using Late Moderne design . (Criterion 1) The resource is associated with events that have made a meaningful contribution to the nation, state or community ; The report does not list any events associated with the home that contr ibuted to the nation , state or community . Thus , it does not qualify under Criterio n #1 . (Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history,· The report notes on that the home was original designed and built for Dr. George Gillman and Sadie Gillman , who well-respected leaders of the Jewish community in Palm Springs .

I
The report also identifies a subsequent owner , Gary Allen Cockrell, who was associated I with associated with theater and film productions in the 1950s and 1960s . However , there are no persons associated with the Gillman residence who made a meaningful contribution to local, state or national history. Therefore , the site does not qualify under Criterion #2.
(Criterion 3) The resource reflects or exemplifies a particular period of national, state or local history;
On page 27, the report explains that the Gillman Residence reflects the "Post-World War II Palm Springs " period as a prime example of significant Post-war architecture for which Palm Springs is internationally known . The custom-desig ned residence by Herbert Burns reflects Late Moderne style that is an early example of Modern residentia l architecture , which would come to define the Palm Springs School of Architecture and may be viewed as an important component of historic trends loca lly. Consequently , the site qualifies as a historic resource under Criterion #3.
(Criterion 4) The resource embodies the distinctive characteristics of a type, period or method of construction ;
As a typical wood-framed structure with simple materials , the Gillman residence does not qua lify as a historic resource under Criterion #4.
(Criterion 5) The resource presents the work of a master builder, designer , artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
I
Item 1Q - 8
I
I
I
Resolution No.25005

Page 3 ends

As noted on page 28, the report states that the Gillman residence possesses high artistic values as a structure expressing the theme of Modern architecture and more specifically the Late Moderne style. In the case of this home, the characteristics of this design include, "a flat roof, emphasis on horizontal lines and planes ; stucco walls; louvered redwood ceiling; Arizona sandstone fireplace pylons and opposing piers; uplit eyebrow soffits over interior doors and windows ; box grid with obscure glass panes ; and a splayed , asymmetrical layout," according to the report. The home qualifies as a historic resource under Criterion #5 .
(Criterion 6) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
The report does not assert that The Gillman Residence qualifies under Criterion #6. (Criterion 7) The resource has yielded or may be likely to yield information important to national , state or local history or prehistory.

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

SECTION 2: PART "8" ANALYSIS OF HISTORIC INTEGRITY .

Analysis of Integrity. (PSMC 8.05.070 (C, 1,b). The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior's Standards: integrity of design, materials, workmanship , location, setting, feeling, or association .

Beginning on page 29 of the report is an evaluation of the site relative to the seven aspects or qualities of historic integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location , design , setting , materials , workmanship , feeling , and association . The report concludes that the site retains a high degree of integrity and is further analyzed below:

1. Location :

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

2. Design :

The report identifies that the Gillman Residence has retained , largely intact , the essential characteristics of form, plan, space , structures, configuration , and style (with the exception of the 1986 addition) . Burns' signature material , the Arizona sandstone, remains on the pylons and piers; the distinctive box grid with obscure glass panes has Item 1Q - 9
Resolut ion No.25005

Page 4 ends

been restored ; and although most landscape has been replaced, the interior pool courtyard has been rehabilitated to honor the intent of the original design. Thus , The I Gillman Residence exhibits integrity of design .

3. Setting :

The report analyzes the quality of Setting on page 31 . As noted, the home's setting as a modern single-fami ly home with long, low horizontality and painted in colors found at the site and surrounding , helped the structure fit naturally into the setting . The home was sited towards the rear corner of the lot by Herbert Burns to take advantage of the mountain views . Thus, the setting of the residence continues to reflect the original design relationship of the site and structure .

4. Materials :

The report indicates some important character-defining features were removed , such as the Arizona sandstone , but during a property rehabilitation were replicated to restore the structure to reflect Burns' design . The Gillman Residence retains its integrity of materials to reflect the Late Moderne design.

5. Workmanship :

As noted on page 30 of the report, "The Gillman Residence continues to reflect Herbert W. Burns' original as-designed relationship between the structure and site. As is typical I of other Burns-designed structures , the home was built using high-quality materials , and was fully insulated . The custom-designed home uses native materials to root it to the desert-bold monoliths of Arizona sandstone , beautifully executed by expert masons; contemporary materials like obscure glass , stucco, steel express Burns' forward-thinking contemporary style." Thus, retains integrity of workmanship .

6. Feeling :

The Gillman Residence reflects informal and contemporary design of mid-century Late Moderne style of architecture in the post-war era in Palm Springs . According to the report, the home "is sited on large lot in the Chino Mesa Estates neighborhood , which takes advantage of panoramic mountain views to the south, east, and north ... and conveys the feeling of the mid-century modern period for which Palm Springs is internationally known ." Consequently , the residence retains its original integrity of feeling.

7. Association :

The residen ce is a prime example of Herbert Burns Late Moderne style of architecture , utilizing a secondary roofline, Arizona sandstone piers and pylons and bold box grid wall with obscure glass panes.

In conclusion , The Gillman Residence retains a high degree of historic integrity I
Item 1Q - 10
I
I
I
Resolution No.25005

Page 5 ends

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

The physical character-defining historic features of this site include the following:

1. Flat-roofed one-story structure

2. 1952 and 1955 additions

3. Splayed , asymme trical "L"-shaped layout wrapping north and west part of the site

4. Arizona sandstone pylons , piers and planting boxes

5. Large box grid with horizontally fluted obscure glass

6. Deep overhangs to protect from sun

7. Secondary roof eave supported by sandstone pier

8. Redwood louvered ceiling in outdoor dining porch

9. Mature native California Washingtonia filifera palm trees The non-contributing features include the following:

1. Aluminum-framed window and sliding glass doors

2. Drought-tolerant landscaping at the front of the house

3. 1980s addition

4. Swimming pool (same location , but coping has changed)

5. Conical light sconces near garage

6. Solar panels on roof

7. Ductwork on roof
SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeab le indirect physical change in the environment ) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines , California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment , directly or indirectly.

SECTION 5: CITY COUNCIL OF THE CITY OF PALM SPRINGS DETERMINES Based upon the foregoing , the City Council of the City of Palm Springs hereby designates "The Gillman residence" located at 574 West Mariscal Drive, a Class 1 (Landmark) Historic Resource (Case HSPB #142). Acco rding to Section 8.05 of the Municipal Code, the following shall apply to a Class 1 Historic Resource :

Item 1Q - 11
Resolution No.25005

Page 6 ends

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

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

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

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

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

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

7. The site shall not be further subdivided .

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

ADOPTED THIS 12TH DAY OF MAY, 2022.

ATTEST:

MO~ OMELI, CMG

INTERIM CITY CLERK
~ JUSTIN CLIFTON ,

CITY MANAGER
I
I
Item 1Q - 12
I
I
I
Resolution No.25005

Page 7 ends

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

CERTIFICATION
I, MONIQUE LOMELI , Interim City Clerk of the City of Palm Springs , hereby certify that Resolution No. 25005 is a full, true and correct copy as was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 12, 2022 , by the following vote :

AYES : Councilmembers Holstege , Kors, Woods , and Mayor Pro Tern Garner NOES :

ABSENT :

ABSTAIN : Mayor Middleton
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs , California , this g-n. day of c.~ , 2o.2?- L~ MONIOLJM.LOMELI , CMC

INTERIM CITY CLERK

ATTACHMENT C
Item 1Q - 13
HSPB 142
05/19/2022
RB
Item 1Q - 14
May 19, 2022
Mr. Richard Bruno
Planning Technician
City of Palm Springs
Development Services
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Richard :

Barbara Malott Kizziah
4136 N. Greenview Avenue
Chicago, IL 60613
lt was a pleasure speaking with you. Please let this serve as our letter ofrequest to en~er into a Historic Property Preservation Agreement for our home , located at 574 W. Mariscal Road , Palm Springs, 92262 .

We purchased it in July 2020 and it's held in the following name :

Barbara Malott Kizziah Trust, dated November 22, 2010
Barbara Malott Kizziah, Trustee
Our permanent mailing-address :
4136 N. Greenview A venue
Chicago,IL 60613
Phone: 312-882-1128 (c~ll}
773-325-9910 (home)
Our intent is to dp all maintenance to preserve the beautiful restoration which was recently completed , resulting in the Class 1 designation. This will include meticulous maintenance of the original Arizona sandstone , eaves and glass work which are the Herbert Burns signature design elements that contributed to the house being awarded the Historic Designation .

Please let me know if we can provide any additional information. Thank you.

Sincerely ,
.• ~
/J/1J1ba/1fl fl}afjjH l,,gft~
Barbara Malott Kizziah

CITY COUNCIL STAFF REPORT
07/28/2022 1. R.

City Clerk -

SUBJECT

AWARD A CONSTRUCION CONTRACT TO ALFARO COMMUNICATIONS
CONSTRUCTION, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $3,807,125.26 FOR PALM CANYON DRIVE PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT 17-07
RECOMMENDATION:

Award a construction contract to Alfaro Communications Construction, Inc., a California corporation, in the amount of $3,807,125.26 for the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements, City Project No. 17-07.

1. Authorize the City Manager to approve and execute an agreement for project management and inspection services from approved ‘on-call’ engineering services firms in an amount not to exceed $175,000.

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

Attachments
Item 1R

CITY COUNCIL STAFF REPORT

DATE: July 28, 2022 CONSENT CALENDAR

SUBJECT: AWARD A CONSTRUCI ON CONTRACT TO ALFARO
COMMUNICATIONS CONSTRUCTION, INC., A CALIFORNIA
CORPORATION, IN THE AMOUNT OF $3,807,125.26 FOR PALM

CANYON DRIVE PEDESTRIAN AND BICYCLE SAFETY
ENHANCEMENTS, CITY PROJECT 17-07

FROM: Justin Clifton, City Manager

BY: Engineering Division

SUMMARY:

Award of this contract will allow the City to proceed with construction of the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements, City Project 17-07.

RECOMMENDATION:

1. Award a construction contract to Alfaro Communications Construction, Inc., a California corporation, in the amount of $3,807,125.26 for the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements, City Project No. 17-07 (“Project”).

2. Authorize the City Manager to approve and execute an agreement for project management and inspection services from approved ‘on-call’ engineering services firms in an amount not to exceed $175,000; and

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from Alfaro Communications Construction, Inc. is included as Attachment A.

BACKGROUND:

In 2017, Engineering Staff conducted an in- depth evaluation of past bicycle and pedestrian accident history on the City’s major corridors in an effort to improve bicyclist and pedestrian safety. This analysis resulted in recommendations for two priority projects along North and South/East Palm Canyon Drive that included new signals, pedestrian crosswalks, shortening crossing distances, adding pedestrian countdown heads, Item 1R - 1
City Council Staff Report
July 28, 2022 -- Page 2
Award CP 17-07

increased lighting at crosswalks and intersections, adding high visibility striping, and making corner ramps more accessible.

Engineering Staff applied for, and the City was awarded , grant funding from CVAG in response to a call for projects i n October 2017 . T he City Council approved a reimbursement agreement with CVAG and , subsequently, two new City projects were initiated – City Project 17-07, North Palm Canyon Drive Bicycle and Ped estrian Safety Enhancements, and City Project 17- 09 South Palm Canyon Pedestrian Safety Improvements. These two projects were bid together , and a construction contract was awarded by the City Council in December 2018. The staff report for the award of the project is included as Attachment B.

Following a prolonged period for material acquisition and delays due to the onset of the COVID-19 pandemic, the South and East Palm Canyon portions of the project (CP 17- 09) were completed and accepted by the City Council on April 8, 2021. However, the North Palm Canyon portion (CP 17-07) was not constructed.

At the onset of the projects, work was progressing on the Indian Canyon Two- Way Conversion Project, City Project 17- 08. The Indian Canyon Project shared many similarities with the proposed changes to North Palm Canyon Drive and lessons learned from the design impacts to local traffic brought into question some of the planned improvements to North Palm Canyon and their potential effects on traffic circulation. It was decided that it would be best to defer the work on CP 17- 07 to conduct a design review and plan modifications, and then bring the project back at a later date.

STAFF ANALYSIS:

The Project was reconfigured to address lessons learned from the Indian Canyon Two- Way Conversion in order to achieve the desired safety enhancements, but not adversely affect the existing traffic circulation or parking.

The scope of City Project 17- 07 includes upgrades to traffic signal equipment, including pedestrian countdown heads, accessible pedestrian signals, high visibility crosswalks, improved lighting, protected left turn phases, and other improvements at eleven intersections along Palm Canyon Drive between Ramon Road and Tachevah Drive.

These intersections include the following:

Tachevah Drive/Via Lola Tahquitz Canyon Way
Tamarisk Road La Plaza
Granvia Valmonte Arenas Road
Alejo Road Baristo Road
Amado Road Ramon Road
Andreas Road
Item 1R - 2
City Council Staff Report
July 28, 2022 -- Page 3
Award CP 17-07

As previously conceived, the Project was to include several “Pedestrian Scramble” crosswalks, which is a phase where pedestrians have total access and may cross diagonally across the intersection, as shown in the photograph below in Figure 1.

Figure 1

These Pedestrian Scrambles were to be constructed at four locations, Palm Canyon Drive at Amado Road, Andreas Road, Tahquitz Canyon Way, and Arenas Road. However, upon further review, it was determined that creating these crossings throughout the center of Downtown could result in significant delays to traffic circulation. In consideration of this, the Project will now include only one Pedestrian Scramble at the intersection of Tahquitz Canyon Way.

Additional changes from the original design include the maintenance of two lanes of traffic northbound through the Uptown District, removal of protected left turn signals, and a reduction in size of new traffic signal poles to facilitate pedestrian circulation.

Item 1R - 3
A scramb le crossing at the busy intersect ion at Hoffywood and Highland. Photo via L.A. Great Streets .

City Council Staff Report
July 28, 2022 -- Page 4
Award CP 17-07

BID ANALYSIS:

On April 22, 2022, Staff advertised the Project to plan rooms and through the procurement program, PlanetBids
TM, to allow the submissions of bids electronically. The contract documents were provided free of charge to prospective bidders.

On May 26, 2022, the Engineering Division received four bids from the following contractors:

Contractor Location Amount Bid
Alfaro Communications Construction, Inc. Compton, CA $3,807,125 Select Electric, Inc Vista, CA $3,830,630
International Line Builders, Inc. Corona, CA $3,849,329 Elecnor Belco Electric, Inc. Chino, CA $3,984,990

The bids and supporting documents were reviewed by Engineering S taff and the City Attorney’s office and it was determined that Alfaro Communications Construction, Inc., submitted the lowest responsive, responsible bid in the amount of $3,807,125.26. The Engineer’s Estimate for the Project was between $3,500,00 and $3,850,000.

Project Labor Agreement (PLA)
This project is subject to the City’s Community Workforce Agreement dated August 31, 2021, which is on file with the City Clerk. The Contractor and all Subcontractors of any tier are to include contractual provisions in all contracts they enter for the performance of the work requiring the Contractor and all Subcontractors to comply with the provisions of the PLA prior to the commencement of work and at no additional cost. A sample of the agreement (Construction Contract), inclusive of project labor agreement requirements is included as Attachment C.

Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code (“PSMC”), “Local B usiness Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub- contract services to businesses whose work force resides within the Coachella V alley. Alfaro Communications Construction, Inc. is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract services and supply of materials to local business es. Alfaro Communications Construction, Inc. has subcontracted a service with a local business as defined by the Municipal Code.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of Item 1R - 4
City Council Staff Report
July 28, 2022 -- Page 5
Award CP 17-07

existing or former use. Therefore, Staff has determined that the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements , City Project No. 17-07, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “Community In frastructure”, specifically 3A, “Improve City Facilities” and 3B , “5-Year Capital Improvement Plan”, (Expand Walking/Biking Infrastructure).

FISCAL IMPACT:

The CVAG reimbursement agreement provides a not-to-exceed amount of $1,989,000 in Regional Measure A funding for the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements, City Project No. 17-07. Staff requests the appropriation of $1,118,950 from the Local Measure A fund balance.

Table of Project Costs Amount
CVAG Bicycle/Pedestrian Safety Grant $1,989,000
Measure J Funds – (Capital Projects) $1,070,000
Measure A – Local $1,140,000
Project Administration (Estimated) ($25,000)
Construction Engineering/Design Support & Inspection (Estimated) ($175,000) Construction Contract (Estimated) ($3,807,000)
Contingency (5%) (Estimated) ($190,350)
Balance Remaining: $1,650

REVIEWED BY:

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

ATTACHMENTS:

A. Public Integrity Disclosure Form
B. Previous Award Staff Report, December 19, 2018
C. Agreement
Item 1R - 5
Attachment A
Item 1R - 6
Item 1R - 7

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity
Alfaro Communications Construction , Inc

2. Address of Entity (Principle Place of Business)
15614 S. Atlantic Avenue , Compton , CA 90221

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

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

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

6. Officers , Directors , Members , Managers , Trustees , Othe r 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 Hugo Alfaro : President & Treasurer. IXI Officer Director Member Manager General Partner Limited Partner
Other
Mayra Martinez : Vice President & Secretary IXl Officer Director Member Manage r General Partner Limited Partner
Other
Officer Director Member Manager
General Partner Limited Partner
Other

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICAN T DISCLOSURE FORM

PALM CANYON ENHANCEMENTS (RE-BID)
CITY PROJECT NO. 17-07
Pagelof2
Item 1R - 8

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

Jane Doe 50%, ABC Company , Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.

None
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

8. None
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.

None
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.

None
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.

None
[name of owner/investor ] [percentage of beneficial interest in entity and name of entity]

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

Date
05-26-2022

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

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

PALM CANYON ENHANC EMENTS (RE-BID)
CITY PROJECT NO. 17-07

Page 2 of 2 ends

Attachment B
Item 1R - 9
City Council Staff Report
DATE: December 19, 2018 NEW BUSINESS
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO INTERNATIONAL LINE BUILDER'S, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $4,259,958 FOR THE PALM CANYON DRIVE PEDESTRIAN
IMPROVEMENTS IN DOWNTOWN, CITY PROJECT NO. 17-07, AND

PEDESTRIAN SAFETY IMPROVEMENTS ALONG SOUTH AND EAST
PALM CANYON DRIVE CORRIDOR, CITY PROJECT NO. 17-09
FROM: David H. Ready, City Manager
BY: Engineering Services Department

SUMMARY
Award of this contract will allow the City to proceed with construction of the Palm Canyon Drive Pedestrian Improvements in Downtown, City Project No. 17-07, and Pedestrian Safety Improvements along South and East Palm Canyon Drive Corridor, City Project No. 17-09.

RECOMMENDATION:

1. Dismiss the bid protest by Calpromax Engineering, Inc. dated November 26, 2018;

2. Waive any informality (non-responsiveness), and award a construction contract (Agreement No. __ ) to International Line Builder's, Inc., a Delaware corporation, in the amount of $4,259,958 for Bid Schedules A, B and C, for the Palm Canyon Drive Pedestrian Improvements in Downtown, City Project No. 17-07, and Pedestrian Safety Improvements Along South and East Palm Canyon Drive Corridor, City Project No. 17-09;

3. Delegate authority to the City Manager to approve and execute construction contract change orders up to the cumulative total of $425,996 with all change orders reported to the City Council; and

4. Authorize the City Manager to execute all necessary documents. i'
T
EM NO. _.5_. �----
Item 1R - 10
2 Item 1R - 11
City Council Staff Report
December 19, 2018 -- Page 2
Award Construction Contract City Projects 17-07 & 17-09 BUSINESS PRINCIPAL DISCLOSURE:

According to a Statement of Information filed with the California Secretary of State, International Line Builder's Inc., is a Delaware corporation whose corporate officers are:

Jeffrey Thiede (CEO), Daniel Kuntz (Secretary), and Jon Hunke (CFO). A full listing of the officers of International Line Builder's Inc., is included as Attachment 1. The parent company of International Line Builders, Inc., is MDU Construction Services, Inc., who is a subsidiary of MDU Resources Group, Inc., a multi-billion dollar company publically traded on the New York Stock Exchange since 1948 under the symbol "MDU", with 196 million publicly held shares with a value of over $5 billion. The largest shareholders are all institutional holdings, mutual funds, and other corporations. No individual holds shares with a value of over 5%.

BACKGROUND
Early in 2017, the ONE-PS Code Enforcement and Public Works Committee discussed possible mitigations for traffic collisions involving bicycles and pedestrians with the Engineering Services Department (Engineering). Engineering staff analyzed data from Palm Springs Police Department (PSPD) along the City's major corridors and identified a high concentration of accidents that warranted further review to improve bicyclist and pedestrian safety. ONE-PS, PSPD, and Engineering staff also coordinated with the Measure J Commission in its solicitation of community projects for potential funding with future Measure J funds.

A careful in-depth evaluation of past bicycle and pedestrian accident history was done on the City's major corridors, considering the severity of the accident, time of day, day of week, existing traffic conditions. The City came up with seven priority projects that included new signals, pedestrian crosswalks, shortening crossing distances, adding pedestrian countdown heads, increased lighting at crosswalks and intersections, adding high visibility striping and making corner ramps more accessible.

In the spring of 2017, the Coachella Valley Association of Governments (CVAG) released a Call for Projects for $10 million in Measure A grant funding related to CVAG's Bicycle and Pedestrian Safety Program. In response to its Call for Projects, Engineering staff submitted grant applications for the seven priority projects focused on mitigating bicyclist and pedestrian accidents occurring on various major corridors. CVAG approved 5 of the City's grant applications, including the City's grant for Pedestrian Safety Enhancements at signalized intersections along the Downtown Palm Canyon Drive Corridor and another grant for pedestrian crosswalks and lighting enhancements along East Palm Canyon Drive to South Palm Canyon Drive.

On October 4, 2017, the City Council approved a reimbursement agreement with CVAG for the Project, and authorized the issuance of a purchase order to Albert A. Webb & Associates to proceed with final design for the two projects. A map of the final project locations can be found as Attachment 2.
3 Item 1R - 12
City Council Staff Report
December 19, 201 8 -- Page 3
Award Construction Contract City Projects 17-07 & 17-09 The Palm Canyon Drive Pedestrian Improvements in Downtown , City Project No. 17-07 , was designed to address the significant number of accidents that occurred in the corridor . Figures 1 and 2 show the 17 accidents that occurred between 2006-2016 on Palm Canyon Drive in the Downtown area, and the severity of those accidents . )0
"' !: < n w Ii'/ ~ :; ;;-0 :, CD !;' :::
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C ,-. "'"• c:.1 c- -,•·•--1 .., :, -.1 r ,II.- r I <:. .. r.111,rin Figure 1 - Locations of Pedestrian and Bicycle Accidents on Palm Canyon Drive 2006-2016 Nu111be1 of Colhs1011 s by Collision Seve1 ity
10 Coll ision Seve ri ty
I • Fat.11 } - Injury ISt ... fttj i • l11J1.1r, (Othtt 4 - tn,ury (Compro1,n1 2 - Injury (Severe) \i ,,tl-{e1 c ' r~ n
Collision Severity
3 • lnJury !Other Visible)
• I - Fatal • z - Injury (Seve1e1 • 3 - ln)u1y (Other l!ible l • 4 - In Jury (Compla int of Pain) .l · l11JUry (Comp lain O Pain) Coun t %
3 17.65%
8 ~7.06%
6 35.29%
Figure 2 - Severity of Injuries Pedestrian and Bicycle Accidents on Palm Canyon Drive 2006-2016 The scope of City Project 17-07 includes upgrades to traffic signal equipment , including pedestrian countdown heads , accessible pedestrian signals, high visibility crosswalks, improved lighting , protected left turn phases , and other improvements at eleven intersections along Palm Canyon Drive:
• Tachevah Drive/Via Lola • Tahquitz Canyon Way **
• Tam a risk Road • La Plaza
• Granvia Valmonte • Arenas Road **
• Alejo Road • Baristo Road
• Amado Road ** • Ramon Road
• Andreas Road **
4 Item 1R - 13
City Council Staff Report
December 19, 2018 -- Page 4
Award Construction Contract City Projects 17-07 & 17-09 ** Note - Amado Road, Andreas Road, Tahquitz Canyon Way, and Arenas Road intersections will have a new "Pedestrian Scramble" - an all pedestrian crossing where pedestrians will have total access and may cross diagonally across the intersection , as shown in the photograph below.

Curb extensions (pop-outs) are also included at the following locations:
• Amado Road - all four corners
• Tahquitz Canyon Way- NE corner
• Baristo Road - SW and SE corners
• Ramon Road
The Pedestrian Safety Improvements along South and East Palm Canyon Drive Corridor City Project No 17-09 , was designed to address the significant number of accidents that occurred in the corridor. Figures 3 and 4 show the 9 accidents that occurred between 2006-2016 on South Palm Canyon Drive and East Palm Canyon Drive, and the severity of those accidents .
5 Item 1R - 14
City Council Staff Report
Decemb er 19, 2018 -- Page 5
Award Const ruction Contract City Projects 17-07 & 17-09 W h orongo Rd E. .1orony0 Rd F , OIOOQO Rd
0 E S01101,11 Rd
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ill
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[ E Deepw,11 Rd
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Figure 3 - Locations of Pedestrian and Bicycle Accidents on S Palm Canyon Drive and E Palm Canyon Drive 2006-2016
umber of Victims by V1ct1111 Degr e of Inj ury
S \.1ct,nu
JI Cempt,,r,1 of
Victim Degree oflnjury
• 1 - 1lled • Z - Severe fnJuty • 3 - OthE-r Vr!.1bte lnJUr) • 4 - Complamt of Pain Vii:tim Degree of Injury
-k.1:,e-d
1 · Se ,re OJW)'
3 · Other VtSrble lnJUl')I
• . Complaint of PJ1n
Coum
3 33.33',,
1 11."1%
Figure 4 - Severity of Injuries Pedestrian and Bicycle Accidents on S Palm Canyon Drive and E Palm Canyon Drive 2006-2016
f
The scope of City Project 17-09 includes installation of new pedestrian crosswalks with rectangu lar rapid flashing beacons with in-pavement flashing lights, and street lights, at the following locations along S. Palm Canyon Dr. and E. Palm Canyon Dr.:
• Sonora Road
• Avenida Palmera
• Deep Well Road
• Sagebrush Road
City Project 17-09 also includes a traffic signal upgrade at S. Palm Canyon Dr. / E. Palm Canyon Dr.

Finally, City Project 17-09 includes installation of a new electrica l and street lighting system through the "curve" from S. Palm Canyon Dr. to E. Palm Canyon Dr., which includes 12 new street lights to improve sight distance and visibility for pedestrians, bicyclists and vehicles at night.
6 Item 1R - 15
City Council Staff Report
December 19, 2018 -- Page 6
Award Construction Contract City Projects 17-07 & 17-09 On October 17, 2018, the City Council approved the plans, specifications and estimate; and authorized staff to advertise and solicit bids for Palm Canyon Drive Pedestrian Improvements in Downtown, City Project No. 17-07, and Pedestrian Safety Improvements along South and East Palm Canyon Drive Corridor, City Project No. 17-09, (the "Project").

STAFF ANALYSIS:

On October 20, 2018 and October 27, 2018, staff advertised the Project for bids in the Desert Sun, submitted the Notice Inviting Bids to plan rooms1, and provided the contract documents free of charge to prospective bidders.

On November 20, 2018 at 3:00 p.m., the Procurement and Contracting Division received four (4) bids from the following contractors listed in Table 1:

Company Location Bid Amount
International Line Builder's, Inc. Riverside, CA $4,259,958.00 Calpromax EnQineerinQ, Inc. Placentia, CA $4,707,997.00 DBX, Inc. Temecula, CA $4,852,091.00
PTM General EnQineerinQ Services, Inc. Riverside, CA $4,994,978.40 Table 1
The low bid of $4,259,958 is approximately 5.4% below the engineer's estimate of $4,850,000. The complete bid summary is included as Attachment 3.

Bid Protest
During the bid opening staff determined that the bid submitted by International Line Builder's, Inc., ("ILB") did not include the bid summary pricing page that identifies the total sum of each of the separate Bid Schedules A+B+C. At the bid opening, staff was unable to read aloud the total bid amount submitted by ILB, therefore, Calpromax Engineering, Inc., ("Calpromax"), was announced as the apparent low bidder, subject to the City's further review of all bids submitted for a determination of responsiveness.

Following staff's review, the total bid price for ILB was determined by adding the respective sub-totals identified on each Bid Schedule sheet in its bid, identifying ILB as the apparent low bidder. In consultation with the City Attorney, a determination was made that ILB's failure to submit the bid summary pricing page was not a material defect in ILB's bid as the City could determine the total bid price, and that ILB is the low bidder. 1 A Plan Room is a "library" where construction professionals may view bidding documents (blueprints and specifications) for projects seeking price estimates for specific construction products or services. There are 9 various plan rooms in southern California where the City submits its bid documents to ensure all contractors within the area are aware of the bid solicitation. 7 Item 1R - 16
City Council Staff Report
December 19, 2018 -- Page 7
Award Construction Contract City Projects 17-07 & 17-09 On November 21, 2018, staff advised all of the bidders of the City's determination to find ILB as the apparent low bidder. On November 26, 2018, Calpromax, the second lowest bidder filed a bid protest, a copy is included as Attachment 4.

In accordance with Chapter 7.08.030 of the Palm Springs Municipal Code, the City Engineer evaluated Calpromax's bid protest and responded by letter dated November 29, 2018, included as Attachment 5.

As noted in the City's response to Calpromax's bid protest, the argument that ILB's failure to submit one of the "core" bid forms of the bid package was fatal to ILB's responsiveness to the bid was not persuasive, and ILB's oversight in the missing bid summary pricing page amounted to a minor irregularity that was-not consequential to the bid. The City responded by stating:

California courts have historically upheld municipal discretion to waive bidding irregularities in low bids when those irregularities are inconsequential, i.e, they do not affect the amount of the bid or afford the bidder an unfair advantage over other bidders See e.g. Bay Cities Paving & Grading, Inc. v. City of San Leandro 223 Cal.

App. 4th 1181 (2014) and Ghilotti Construction Co., v. City of Richmond (1996) 45 Cal. App. 4th 897,904.

Further, the California Legislature adopted public bidding laws and requirements for the benefit of the public and public-agencies, and not for the financial benefit or gain of any particular bidder. As cited in Ghilotti, referring to Judson Pacific Murphy Corp. v. Durkee [(1956) 144 Cal. App. 2d 337,383]:

It certainly would amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid proposal or license application of the low bidder after the fact [and] cancel the low bid on minor technicalities, with the hope of securing acceptance of his, a higher bid. Such construction would be adverse to the best interests of the public and contrary to public policy.

The City has thoroughly reviewed the bid submitted by ILB and found the rest of ILB's bid submittal to be complete. With no other bid irregularities which would otherwise be considered material to the bid, it is our intention to award the contract to ILB. This determination has been made in accordance with Paragraph N-3(a) "Award of Contract" of the Notice Inviting Bids for this project, which states:

The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsible bidder, on the basis of the total sum of base Bid Schedules A, B, and C, and reject all other bids, as it may best serve the interest of the City. 8 Item 1R - 17
City Council Staff Report
December 19, 2018 -- Page 8
Award Construction Contract City Projects 17-07 & 17-09 Calpromax failed to submit an appeal of the City Engineer's decision to the City Manager by the December 6, 2018, deadline. Staff recommends the City Council waive any informality in ILB's bid, and award a construction contract to ILB for Bid Schedules A, B and C.

Public Works Contractor Registration Law (SB 854)
Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854 (2014), unless registered with the State of California Department of Industrial Relations (DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public works projects on or after March 1, 2015. Similarly, a public entity cannot award a public works contract to a non-registered contractor, effective April 1, 2015. Staff has reviewed the DIR's contractor registration database, and has confirmed that ILB is registered with the DIR, and is appropriately licensed.

Staff has determined that ILB submitted the lowest responsive bid. Staff reviewed the bid, references, and contractor's license, and found ILB to be properly licensed and qualified.

A construction contract with ILB for the subject Project is included as Attachment 6.

Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program," requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. ILB is not considered a local business; however, they have demonstrated sufficient evidence of good faith efforts to sub-contract the supply of materials and equipment to local businesses.

ENVIRONMENTAL IMPACT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act C'CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment, and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency1s determination. Therefore, in accordance with Section 15301 (c), staff has determined that the Palm Canyon Drive Pedestrian Improvements in Downtown, City Project No. 17-07, and East Palm Canyon/South Palm Canyon Drive Pedestrian Improvements, City Project No. 17-09, is considered categorically exempt from CEQA 9 Item 1R - 18
City Council Staff Report
December 19, 2018 -- Page 9
Award Construction Contract City Projects 17-07 & 17-09 and a Notice of Exemption has been prepared and filed with the Riverside County Clerk, included as Attachment 7.

FISCAL IMPACT:

The City was awarded grants from CVAG for 5 different capital projects related to pedestrian and bicycle safety (the "CVAG Safety Projects"). The total cost of these five projects was estimated at $9.1 m with CVAG providing funding in the amount of $6.2m requiring a local match of $2.9m. The City Council has previously awarded contracts to construct 3 of the 5 CVAG Safety Projects, this is the final 2 CVAG Safety Projects which are being bundled together as one capital project for construction.

The CVAG reimbursement agreement provides a not-to-exceed amount of $1,989,000 in Regional Measure A funding for the Palm Canyon Drive Pedestrian Improvements in Downtown, City Project No. 17-07. The reimbursement agreement also provides a not-to exceed amount of $1,255,500 in Regional Measure A funding for the Pedestrian Safety Improvements along South and East Palm Canyon Drive Corridor City Project No 17-09, for a combined total not-to-exceed grant amount of $3,244,500.

Pursuant to the terms of the CVAG Reimbursement Agreement, the City is required to be "in construction" by December 2018; in consultation with CVAG staff, staff was advised that the City's award of a construction contract would be considered compliance with the terms of the agreement.

Previously, on October 21, 2015, the City Council approved the Measure J Commission's 3-year program of Community Projects, establishing funding for 46 various projects as follows: Fiscal Year (FY) 2015/16 - $1,028,000; FY 2016/17 - $965,000; and FY 2017/18 - $1,202,000; for a total of $3.195m over 3 years. Some of this funding has been used for various projects completed, however, a majority of the various Community Projects were assembled by the Engineering Department into a single capital project (the Measure J Community Projects -Sidewalk Gap Closure Improvements, City project No. 15-31 ["CP 15-31"]). The City solicited bids and scheduled award of a contract in the amount of $1,838,900.50 for this project at the April 4, 2018, City Council meeting. At that time the Council tabled the item until further discussion on capital project funding occurred as part of the 2018/19 fiscal year budget.

At the June 6, 2018, City Council meeting, the Council directed staff to seek other sources of funding for CP 15-31. Subsequently, at the June 20, 2018, City Council meeting, the Council rejected the bids received for CP 15-31 and authorized staff to submit an application through the Active Transportation Program Cycle 4 ("ATP4") funding cycle for it.

Staff submitted the ATP4 grant application in July 2018; the state intends to announce grant recipients by December 31, 2018. On the basis of these actions, on the expectation of the City receiving the ATP4 grant funds, the balance of the Community Projects funding 10 Item 1R - 19
City Council Staff Report
December 19, 2018 -- Page 1 O
Award Construction Contract City Projects 17-07 & 17-09 previously budgeted in FY 2015/16, FY 2016/17, and FY 2017/18 approximately $2.15m and is available for other capital projects.

On December 6, 2018, the Measure J Commission was given an update on the Project and alternatives for providing the local match required. At that time, the Measure J Commission voted unanimously to recommend to Council to reallocate the remaining funds of $2.15m for the original 3-year Community Projects funding as the City's local match for these 2 CVAG Safety Projects2. Staff recommends the Council approve allocation of the remaining $2.2m in Measure J Community Projects funding for the local match to the CVAG funding for the Project.

The final cost estimate and funds available for the Project are identified in the following Table 2:

Table of Project Costs Amount
CVAG Bicycle/Pedestrian Safety Grants $3,244,500
Measure J Funds - Prior Fiscal Year $200,000
Measure J Funds - (Community Projects Balance) $2,154,730 Desiqn ($400,420)
Project Administration (thru 9/28/18) ($48,527)
Project Administration (Estimated) ($25,000)
Construction Management/lnSJ:>E3Ction (Estimated) . ($350,000) Construction Contract ($4,259,958)
---- - -- - -- -· -------.
._ggntLngency ( 10°{o)_(Esti1J7atec:I) . ·- - -~~--- -- - .. ... J~.425,996) Balance Remaining: $89,329
Table 2
With the City Council's approval (as recommended by the Measure J Commission) to allocate the remaining $2.15m in Measure J Community Projects funding (previously budgeted in FY 2015/16, FY 2016/17, and FY 2017/18), there are sufficient funds to award the contract.
2 At the October 4, 2017, City Council meeting, as part of the Council's action to approve the various CVAG Reimbursement Agreements for the Safety Projects, Council did take action to "Reserve the amount of $2,000,000 from the Measure J Fund in the 2018/19 Fiscal Year for the Measure J Community Projects (Traffic Hot Spots 2.0 Program) to be used for the required CVAG local match for the 2017 Bicycle and Pedestrian Safety Program· projects." The recommendation to utilize the remaining funds from the original Measure J Community Projects funding would eliminate the requirement to allocate $2m from the FY18/19 Measure J budget as the local match for the Project.
11 Item 1R - 20
City Council Staff Report
December 19, 2018 -- Page 11
Award Construc tion Contract City Projects 17-07 & 17-09 Sufficient funds are budgeted and available to award the construction contract in the total amount of $4,259,958 from the following accounts:

City Project 17-07 (Bid Schedule A); $2,941,803
Regional Measure A Fund, Account 134-4497-50348; $1,750,000 Measure J Fund, Account 260-4494-50348; $1,191,803
City Project 17-09 (Bid Schedules B & C); $1,318,155
Regional Measure A Fund, Account 134-4497-50350; $988,616.25 Measure J Fund, Account 260-4494-50350; $329 ,538.75
SUBMITTED:
~~
Marcus L. Fuller, MPA, PE, PLS
Assistant City Manager
Attachments:

1. ILB Officers

2. Map of Locations

3. Bid Summary

4. Bid Protest - Calpromax

5. Bid Protest Response - City

6. Construction Contract

7. CEOA Notice of Exemption
~ J~~~9 _.._
David H. Read~ ~
City Manager
Attachment C
Item 1R - 21

PALM CANYON ENHANCEMENTS (RE-BID)
CITY PROJECT NO. 17-07
APRIL 2022

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 1
55575.18165\34351901.2

AGREEMENT
(CONSTRUCTION CONTRACT)

THIS AGREEMENT made this day of , 20 , by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as th e City, and Alfaro Communications Construction, Inc., hereinafter designated as the Contractor.

The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 -- THE WORK

For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as s pecified in the C ontract Documents, and as g enerally indicated under the Bid Schedule(s) for the Project entitled:

PALM CANYON DRIVE PEDESTRIAN AND BICYCLE SAFETY

ENHANCEMENTS (RE-BID)
CITY PROJECT NO. 17-07

The Work comprises traffic signal, street, and pavement marking improvements along Palm Canyon Drive from Tachevah Drive to Ramon Road. The project will include but is not necessarily limited to the construction of: traffic signal modifications, ADA ramps, curbs, gutters, cross gutters, drainage channels, AC pavement, signage and striping as detailed within the contract documents.

ARTICLE 2 -- COMMENCEMENT AND COMPLETION

The Work to be performed under this Contract shall commence on the date specified in the Notice to Proc eed by the City, and the Work s hall be fully completed within the time specified in the Notice to Proceed.

The City and the Contractor recognize that time is of the e ssence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions t hereof a llowed in a ccordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize the delays, expense, and difficulties involved in provin g in a legal proc eeding the actual loss suffered by the City if the Work is not c ompleted on ti me. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executin g the Agr eement, the C ontractor a cknowledges it has reviewed the provisi ons of the Standard S pecifications, as modified herein, related t o li
quidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents.

Liquidated damages may be deducted from progress payments due Contractor, Project Item 1R - 22

PALM CANYON ENHANCEMENTS (RE-BID)
CITY PROJECT NO. 17-07
APRIL 2022

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 2
55575.18165\34351901.2

retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 3 -- CONTRACT PRICE

The City shall pay the Contractor for the c ompletion of the Work , in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is $3,807,125.26.

Contractor agrees to receive and acc ept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfi lling all obligations hereunder.

Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; an d, also incl uding those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of th e Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.

ARTICLE 4 -- THE CONTRACT DOCUMENTS

The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program – Good Faith Efforts, Non-Discrimination Certification, Non- Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda issued during bidding (if any), and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.

ARTICLE 5 -- MUTUAL OBLIGATIONS

For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

City hereby agr ees to employ, and does hereby employ, C ontractor to provide th e materials, c omplete the Work, and fulfill the obligations a ccording to the terms and conditions herein contained and referred to, fo r the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

C
ontractor specifically acknowledges and agrees to be bound by the Wage Rates and Item 1R - 23

PALM CANYON ENHANCEMENTS (RE-BID)
CITY PROJECT NO. 17-07
APRIL 2022

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 3
55575.18165\34351901.2

Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

ARTICLE 6 -- PAYMENT PROCEDURES

The Contractor shall submit Applications for Payment in a ccordance with the Standard Specifications as amended by the S pecial Provisions. A pplications for Pay ment will be processed by the City Engineer as provided in the Contract Documents.

ARTICLE 7 -- NOTICES

All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 8 -- INDEMNIFICATION

The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney’s fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of Section 7-15 “Indemnification,” of the Special Provisions, which are hereby referenced and made a part hereof.

ARTICLE 9 -- PREVAILING WAGES

Contractor ag rees to fully comply w ith a ll applicable f ederal and state labor laws including, w ithout lim itation California Labor Code Section 1720, e t seq., and 1770, et seq ., as we ll as Califo rnia Code of Regulations, T itle 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby ag rees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless f rom any claim or li ability arising out of any failure o r alleged failu re to comply wit h the Prevailing Wage Laws.

C
ontractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

Item 1R - 24

PALM CANYON ENHANCEMENTS (RE-BID)
CITY PROJECT NO. 17-07
APRIL 2022

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 4
55575.18165\34351901.2

ARTICLE 10 -- CONFLICT OF INTEREST

Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

ARTICLE 11--NON-DISCRIMINATION

In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., pl ace of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

ARTICLE 12 -- MISCELLANEOUS

Terms used in this Agr eement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party s ought to be bound; and s pecifically, but wit hout limitation, monies t hat may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the a ssignor from any duty or res ponsibility under the Contract Documents.

T
he City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to th e other party hereto, its pa rtners, su ccessors, assigns, and l egal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

Item 1R - 25

PALM CANYON ENHANCEMENTS (RE-BID)
CITY PROJECT NO. 17-07
APRIL 2022

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 5
55575.18165\34351901.2

ARTICLE 13 – PROJECT LABOR AGREEMENT

13.1 Generally

The Work is subject to the City’s Community Workforce Agreement dated August 31], 2021, (“CWA” or “Project Labor Agreement” or “PLA”), a copy of which is on file with the City , available upon request, and incorporated herein by reference as if fully set forth herein .

Contractor and all subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work.

Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through the Letter of Assent (a form of which is attached to the PLA as "Attachment A" and referred to herein as the “LOA”), and Contractor shall furnish evidence of compliance with the same to City prior to the commencement of any Work. Contractor further agrees to require, or has already required, each of its subco ntractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work or at the time of such subcontract, whichever occurs first.

13.2 Subcontractors

Contractor shall include, and shall require all of Contractor’s subcontractors of any tier to include, contractual provisions in all contracts they enter into for the performance of the Work, requiring each subcontractor, of every tier, who furnishes any labor for the performance of Work, to comply with the provisions of the PLA at no additional cost.

13.3 Condition of Payment

Compliance by Contractor and all of Contractor’s subcontractors of any tier with the requirements of the PLA shall be a condition of Contractor’s right to payment under this Agreement.

13.4 Reformation

Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectly stated, shall be deemed to be inserted in this Agreement and shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not inserted or if inserted and requires correction, then upon request of either party this Agreement shall forthwith be amended to make such insertion or correction.

13.5 Conflicts

In the event of a conflict between the PLA and any othe r provisions of the Contract Documents, the PLA shall control.

13.6 Costs of Compliance

Contractor represents and warrants t hat it has included in its bid all costs of compliance Item 1R - 26

PALM CANYON ENHANCEMENTS (RE-BID)
CITY PROJECT NO. 17-07
APRIL 2022

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 6
55575.18165\34351901.2

with the requirements of this Section 13.

13.7 Not a Limitation
Th
e requirements of this Section 13 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents.

SIGNATURES ON NEXT PAGE
Item 1R - 27

PALM CANYON ENHANCEMENTS (RE-BID)
CITY PROJECT NO. 17-07
APRIL 2022

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 7
55575.18165\34351901.2

IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written.

CITY OF PALM SPRINGS,

CALIFORNIA

By
Justin Clifton
City Manager

ATTEST:

By
Monique M. Lomeli, CMC
Interim City Clerk

APPROVED AS TO FORM:

By
Jeffrey S. Ballinger
City Attorney

RECOMMENDED:

By
Joel Montalvo, P.E.

City Engineer
APPROVED BY THE CITY COUNCIL:

Date
Agreement No.

Item 1R - 28

PALM CANYON ENHANCEMENTS (RE-BID)
CITY PROJECT NO. 17-07
APRIL 2022

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 8
55575.18165\34351901.2

CONTRACTOR
By:

Firm/Company Name
By:

Signature (notarized)
By:

Signature (notarized)
Name:_ Name:_
Title:_ Title:_
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
(This A gr ee ment must be sign ed in the abov e
space by one h aving au thority to bi nd the
Contractor to the terms of the Agreement.)
State of )
County of )ss
(This Agreement must be signed in the above space
by one having authority to bind the Contractor to the
terms of the Agreement.)
State of )
County of )ss
On
before me,
personally appeared
who proved to me on the basis of s atisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she /they exec uted
the same in his /her/their authorized capacity(ies),
and that by his /her/their signatures(s) on the
instrument the person(s), or the entity upon behalf
of which the person(s) ac ted, exec uted the
instrument.

I certify under PENALTY OF PERJURY under the
laws of the S tate of California that the f oregoing
paragraph is true and correct.

WITNESS my ha nd and official seal.

Notary Signature:

Notary Seal:

On
before me,
personally appeared
who proved to me on the basis of satisfactory
evidence to be the pe rson(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his /her/their authorized capacity(ies),
and that by his /her/their sign atures(s) on the
instrument the person(s), or the entity upon behalf
of which the pe rson(s) ac ted, exec uted the
instrument.

I c er t ify under PENALTY OF PERJURY under the
laws of the S tate of California that the f oregoing
paragraph is true and correct.

WITNESS my ha nd and official seal.

Notary Signature:

Notary Seal:

Item 1R - 29

CITY COUNCIL STAFF REPORT
07/28/2022 1. S.

City Clerk -

SUBJECT

APPROVAL OF SPECIFICATIONS AND ESTIMATE, AND AUTHORIZATION TO BID THE 2022 PAVEMENT REHABILITATION PROJECT, CITY PROJECT NO. 22-08
RECOMMENDATION:

Approve the Specifications and Estimate and authorize Staff to advertise and solicit bids for the 2022 Pavement Rehabilitation, City Project No. 22-08.

Attachments
Item 1S

CITY COUNCIL STAFF REPORT

DATE: July 28, 2022 CONSENT CALENDAR

SUBJECT: APPROVAL OF SPECIFICATIONS AND ESTIMATE, AND
AUTHORIZATION TO BID THE 2022 PAVEMENT REHABILITATION
PROJECT, CITY PROJECT NO. 22-08

FROM: Justin Clifton, City Manager

BY: Engineering Division

SUMMARY:

Approval of this item will allow S taff to proceed with the 202 2 Pavement Rehabilitation project, City Project No. 2 2-08, with an estimated cost of $6,000,000. The construction documents (Specifications and Estimate) are completed and in accordance with Section

7.03.040 of the Procurement and Contracting Code, the City Council shall approve and adopt the specifications and work details and authorize the bid request as required for all public projects in excess of $200,000.

RECOMMENDATION:

Approve the Specifications and Estimate and authorize Staff to advertise and solicit bids for the 2022 Pavement Rehabilitation, City Project No. 22-08 (“The Project”).

BACKGROUND:

On January 9, 2019, the City Council reviewed and approved the Final Report for the City of Palm Springs Pavement Management Program 2018 Update. The 2018 Update re- assessed the condition of all city streets and identified and characterized different types of failures of each street segment in order to determine an overall Pavement Condition Index ( PCI). The PCI is rated from 100 (perfect condition/new) to 0 (worst condition).

Specific ranges of PCI ratings are given a lett er grade and an associated condition, as shown in Table 1.

Table 1
Rating Condition PCI
Range Description
A Good 86 - 100 No Significant Distress.

Item 1S - 1
City Council Staff Report
July 28, 2022 -- Page 2
Authorize RFB CP 22-08

B Satisfactory 71 - 85
Little distress with the exception of utility patches in good condition or slight hairline cracks; may be
slightly weathered.

C Fair 56 - 70 Slight to moderately weathered, slight distress, possibly patching.

D Poor 41 - 55
Severely weathered or slight to moderate levels of
distress generally limited to patches and non-load-
related cracking.

F Very Poor 0 - 40
Severely distressed or large quantities of distortion or alligator cracking. Failure of the pavement, distress
has surpassed tolerable rehabilitation limits.

All streets require regular maintenance to improve the condition and extend the life of the pavement, with the type of maintenance dictated by the PCI index. The following table lists the various typical maintenance treatment applied per Condition/PCI range. See Table 2 below.

Table 2
Rating Condition PCI Range Description
A Good 86 - 100 Do Nothing.

B Satisfactory 71 - 85 Slurry Seal & Crack Fill.

C Fair 56 - 70 Pulverize & Pave, or Grind and Overlay (where appropriate).

D Poor 41 - 55 Pulverize & Pave.

F Very Poor 0 - 40 Total Reconstruction of Street Section.

STAFF ANALYSIS:

The proposed project generally will address streets with PCI ratings ranging from 54.5 to

57.6 and will consist of full depth pulverization and re-paving of listed streets. The Project is proposed to include approximately 1.9 million square feet of pavement rehabilitation consisting of 76 individual street segments.

As part of the street reconstruction, any curb ramps adjacent to the streets selected for improvements will be brought up to current Americans with Disabilities Act (ADA) standards.

The list of recommended streets for the 2022 Pavement Rehabilitation and corresponding maps are included as Attachment A.

ENVIRONMENTAL ASSESSMENT
:

permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the 202 2 Pavement Rehabilitation, City Project No. 22-08, is considered categorically exempt from CEQA and a Notice of Exemption will be prepared and filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “Community Infrastructure”, specifically 3 B, “Accelerate Street Paving.”

FISCAL IMPACT:

The City has allocated $6,000,000 in Measure J funding for this project. The estimated construction and administrative costs to complete the project are indicated in the table below.

Table of Project Costs Amount
Design Costs $10,000
Project Administration $25,000
Construction Administration/Inspection $175,000
Construction Contract $5,700,000
Contingency $110,000
Total $6,000,000

REVIEWED BY:

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

ATTACHMENTS:

A. Street Maps and List of Streets
Item 1S - 3
Attachment A
Item 1S - 4
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CP 22-08 2022 Pavement Rehab
Proposed List of Streets

STREET NAME FROM TO NEIGHBORHOOD PCI
PALM VISTA DRIVE W/S GRANADA AVENUE N/S COROZON AVENUE Desert Highland / Gateway 52.61 VIA SALIDA S/S SONORA ROAD N/S E PALM CANYON DRIVE Tahquitz River Estates 54.60 CERRITOS ROAD S/S VIA ESCUELA N/S VISTA CHINO Ranch Club Estates 54.60 FUERTE CIRCLE W/S AURORA DRIVE W END (CDS) Vista Norte 54.60 SANTA CATALINA ROAD W/S INDIAN CANYON DRIVE W/S VIRGINIA ROAD Racquet Club West 54.62 VIA DONNA N/S PASEO EL MIRADOR S/S DEEPAK ROAD Movie Colony East 54.62 VIA NEGOCIO N/S VISTA CHINO E/S SUNRISE WAY Ranch Club Estates 54.62 BISKRA ROAD S/S TACHEVAH DRIVE N/S EL ALAMEDA Oasis del Sol 54.68 BUTTONWILLOW CIRCLE N/S EL ALEMEDA N END (CDS) Oasis del Sol 54.68 CALLE LORO N/S EL ALAMEDA N END (CDS) Oasis del Sol 54.68 CALLE QUETZAL N/S TAMARISK ROAD S/S EL ALAMEDA Oasis del Sol 54.68 CAMINO CONDOR N/S EL ALEMEDA N END (CDS) Oasis del Sol 54.68 CAMINO CONDOR S/S EL ALAMEDA N/S CAMINO PELICANO Oasis del Sol 54.68 CANYON VISTA DRIVE E/S S PALM CANYON DRIVE W/S SIERRA MADRE Canyon Corridor 54.68 CHIA ROAD W/S CERRITOS ROAD E/S SUNRISE WAY Sunrise Vista Chino 54.68 CHIQUITA CIRCLE N/S ALEJO ROAD N END (CDS) Oasis del Sol 54.68 CIBOLA CIRCLE N/S EL ALAMEDA N END (CDS) Oasis del Sol 54.68 EAST PALM CANYON FRONTAGE ROAD E/S LINDEN WAY E END Not Assigned 54.68 EL ALAMEDA W/S CALLE QUETZAL E/S CERRITOS ROAD Oasis del Sol 54.68 EL ALAMEDA W/S CERRITOS ROAD E/S SUNRISE WAY Oasis del Sol 54.68 EL PORTAL W/S S PALM CANYON DRIVE E/S MESA DRIVE The Mesa 54.68 LADERA CIRCLE N/S VIA LAS PALMAS N END (CDS) Vista Las Palmas 54.68 LUJO CIRCLE N/S ALEJO ROAD N END (CDS) Oasis del Sol 54.68 PASEO BARBARA E/S VIA ROBERTO MIGUEL E END El Rancho Vista Estates 54.70 QUINCY WAY S/S TAMARISK ROAD S END (CDS) Oasis del Sol 54.70 SATURMINO CIRCLE N/S ALEJO ROAD N END (CDS) Oasis del Sol 54.70 TERCERO CIRCLE N/S ALEJO ROAD N END (CDS) Oasis del Sol 54.70 VERADA SUR W/S PALM CANYON DRIVE E/S CAMINO CENTRO Old Las Palmas 54.70 VERNA COURT W/S QUINCY WAY W END (CDS) Oasis del Sol 54.70 VISTA VESPERO S/S VIA LAS PALMAS N/S CAMINO SUR Vista Las Palmas 54.70 S PEQUENO CIRCLE S/S VIA ESTRELLA S. END (CDS) Indian Canyons 54.70 ARENAS ROAD W/S PASEO ROSETA E/S CALLE FELICIA Sunrise Park 54.71 CALLE DE RICARDO E/S AVENIDA EVELITA W/S PASEO DOROTEA Demuth Park 54.71 CALLE LILETA E/S AVENIDA ELEANOR S/S ARENAS ROAD Sunrise Park 54.71 CHRISTINA WAY WS/ VIA DONNA N END (CDS) Movie Colony East 54.71 HERMOSA DRIVE N/S VISTA CHINO N/S VIA ESCUELA Vista Norte 54.71 LAWRENCE CIRCLE N/S ROSA PARKS ROAD N END Mountain Gate 54.71 LINDEN WAY N/S EAST PALM CANYON DRIVE S/S SEVEN LAKES DRIVE Melody Ranch 54.71 ANDREAS ROAD W/S SUNRISE WAY 614'' W/O SUNRISE WAY Midtown 54.75 CAMINO SAN SIMEON W/S PASEO DOROTEA E/S AVENIDA EVELITA Demuth Park 54.75 LOS ALAMOS ROAD S/S VINCENTIA ROAD N/S VENTURA ROAD Gene Autry 54.75 LOS ALAMOS ROAD N/S SAN JUAN ROAD S/S VIA ESCUELA Gene Autry 54.75 MONRONGO ROAD E/S S PALM CANYON DRIVE W/S PALO VERDE AVENUE Tahquitz River Estates 54.75 SAN ANGELO ROAD W/S VOLTURNO ROAD E/S VIMINAL ROAD Gene Autry 54.75 SAN ANTONIO ROAD S/S VINCENTIA ROAD N/S VENTURA ROAD Gene Autry 54.75 SAN ANTONIO ROAD N/S SAN JUAN ROAD S/S VIA ESCUELA Gene Autry 54.75 SAN CLEMENTE ROAD N/S VENTURA ROAD S/S VINCENTIA ROAD Gene Autry 54.75 SAN CLEMENTE ROAD S/S VIA ESCUELA N/S SAN JUAN ROAD Gene Autry 54.75 SAN GORONIO ROAD S/S VENTURA ROAD N/S VINCENTIA ROAD Gene Autry 54.75 SAN GORONIO ROAD S/S VIA ESCUELA N/S SAN JUAN ROAD Gene Autry 54.75 SAN JUAN ROAD E/S VOLTURNO ROAD W/S WHITEWATER CLUB DRIVE Gene Autry 54.75 SANDIA ROAD E/S VIMINAL ROAD W/S VOLTURNO ROAD Gene Autry 54.75 VENTURA ROAD E/S VOLTURNO ROAD W/S WHITEWATER CLUB DRIVE Gene Autry 54.75 VOLTURNO ROAD N/S VISTA CHINO S/S VIA ESCUELA Gene Autry 54.75 ANDREAS ROAD 614'' W/O SUNRISE WAY E/S HERMOSA DRIVE Midtown 54.78 EL DORADO BOULEVARD N/S COROZON AVENUE S/S TRAMVIEW ROAD Desert Highland / Gateway 55.00 BARISTO ROAD W/S CIVIC DRIVE W/S EL CIELO ROAD Not Assigned 55.56 HERMOSA DRIVE S/S ALEJO ROAD N/S AMADO ROAD Midtown 55.60 YORBA ROAD W/S LOS FELICES ROAD E/S PALM CANYON DRIVE Racquet Club West 55.62 MENLO CIRCLE W/S BOB O'' LINK LANE W END (CDS) Tahquitz Creek Golf 55.69 DUNHAM ROAD E/S ANDREAS HILLS ROAD E END (CDS) Andreas Hills 55.69 AURORA DRIVE S/S RACQUET CLUB ROAD N/S VIA ESCUELA DRIVE Vista Norte 55.72 CYPRESS ROAD S/S JOYCE DRIVE N/S FRANCIS DRIVE Desert Park Estates 55.72 DEL PASO WAY W/S HERMOSA DRIVE W END (CDS) Vista Norte 55.72 LAUREL CIRCLE W/S STARR ROAD W END (CDS) Racquet Club Estates 55.72 MIRA VISTA WAY S/S VIA ESCUELA S/S MARISCAL ROAD Little Tuscany 55.72 ESTIO CIRCLE W/S AURORA CIRCLE W END (CDS) Vista Norte 55.72 DURO CIRCLE W/S AURORA DRIVE W END (CDS) Vista Norte 55.72 MOUNTAIN VIEW PLACE E/S VIA MONTE VISTA W/S PATENCIO ROAD Old Las Palmas 55.72 CAMINO PAROCELA E/S EL PLACER ROAD W/S AVENIDA EVELITA Demuth Park 56.60 CALLE PALO FIERRO S/S CAMINO PAROCELA N/S SUNNY DUNES ROAD Warm Sands 56.61 FRANCIS DRIVE E/S INDIAN CANYON DRIVE W/S AVENIDA CABALLEROS Not Assigned 56.63 HOWARD CIRCLE N/S ROSA PARKS ROAD N END Mountain Gate 57.00 RAMON ROAD FRONTAGE (N. SIDE) W/S COMPADRE ROAD 643'' W/O COMPADRE ROAD Not Assigned 57.35 STEVENS ROAD W/S N INDIAN CANYON DRIVE E/S N PALM CANYON DRIVE Not Assigned 57.38 BEDFORD DRIVE S/S THERESA DRIVE N/S SUNNY DUNES ROAD Little Beverly Hills 57.61 Item 1S - 14

CITY COUNCIL STAFF REPORT
07/28/2022 1. T.

City Clerk -

SUBJECT
PURCHASE OF LIBRARY BOOKS WITH BRODART CO. FOR A FIVE-YEAR, NOT-TO-EXCEED AMOUNT OF $700,000
RECOMMENDATION:

Authorize the City Manager to execute all necessary documents.

Attachments
Item 1T

CITY COUNCIL STAFF REPORT

DATE: JULY 28, 2022 CONSENT CALENDAR

SUBJECT: PURCHASE OF LIBRARY BOOKS WITH BRODART CO. FOR A FIVE- YEAR, NOT-TO-EXCEED AMOUNT OF $700,000

FROM: Justin Clifton, City Manager

BY: Library

SUMMARY:

This action will allow the Palm Springs Public Library to purchase library books from existing vendor, Brodart Co. with a five (5) year, not-to-exceed amount of $700,000.

RECOMMENDATION:

Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Brodart Co. is a partnership registered in the State of New York . Their Public Integrity Disclosure is attached (Attachment A).

BACKGROUND:

The Library purchases most library books from Brodart Co. According to Title 7 of the City of Palm Springs Municipal Code, Procurement and Contracting must follow specific purchasing guidelines. While the purchase of these library materials fits within exemption Section 7.01.030(7), the City Council shall approve Purchase Orders and Cont racts for Supplies and Services that exceed seventy-five thousand dollars ($75,000), unless such approval is otherwise delegated to the City Manager pursuant to separate action by the City Council.

STAFF ANALYSIS:

Palm Springs Municipal Code, Section 7.01.030(7) exemptions to this code include:

“Procurement of miscellaneous books, magazines, newspapers, subscriptions, on- line library reference services, film, videos, and assorted materials for library Item 1T - 1
City Council Staff Report
July 28, 2022 -- Page 2
Purchase of Library Books

customer check-out purposes for which contracts by competitive bid solicitation are not practicable, or which are exempted from competitive bidding pursuant to applicable laws.”

City Council has not been asked to approve these expenses in the past based on an interpretation of these purchases being exempt. Staff are erring on the side of caution by bringing this request for approval moving forward.

Staff recommends this authorization of funds over a five- year term, not-to-exceed $700,000 for the purchase of library books from Brodart Co.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Priority 4D, Good Governance.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Library Department Account 1004000-50035 for Year One.

REVIEWED BY:

Department Director: Jeannie Kays
Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton

ATTACHMENTS:

A. Business Disclosure Form-Brodart Co.

Item 1T - 2

ATTACHMENT A

Item 1T - 3
Item 1T - 4

1. 2.

3. 4.

5. Name of Entity
Brodart

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Address of Entity (Principle Place of Business)
500 Arch Street, Williamsport, PA 17701
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State New York
If other than California, is the Entity also registered in California? [xi Yes D No Type of Entity
D Corporation D Limited Liability Company 1K] Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity *PLEASE SEE ATTACHED OWNERSHIP DOCUMENT
Brojo, A Limited Partnership D Officer D Director D Member D Manager [name]
0 General Partner rn Limited Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other

CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)
Item 1T - 5

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

EXAMPLE JANE
DOE
50%,
ABC

COMPANY,
Inc.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entitvl
A.

Please
see
attached
Ownership
Document
[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
entityl
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
Rich
~
ef
~
fficer
(Revised
09 13
18)
07/14/22
CITY
OF
PALM

SPRINGS
-
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Page
2 of
2 Item 1T - 6

OWNERSHIP OWNERSHIP
OF

BRODART
CO
:
99%
BY
BROJO
, A

LIMITED

PARTNERSHIP
500
ARCH
STREET

WILLIAMSPORT,
PA
17701

OWNERSHIP
OF
BROJO
, A

LIMITED
PARTNERSHIP:
99 %
BY
NUBRO
, INC
.

OFFICERS
&

DIRECTORS
DENISE

GATSCHE
GEORGE
COE

JONATHAN

HECHLER

RICHARD
DILL

GRETCHEN
HERMAN
LISA
MIOSI
ROBERT

DONNELLY

MICHAEL

CHEFALO
LARGEN
FAMILY
TRUST

ADMINISTRATIVE
TRUST
DAVID

HECHLER
500
ARCH
STREET

WILLIAMSPORT
, PA
17701
NUBRO,
INC.

OFFICERS
&

DIRECTORS

CHAIRMAN/CEO SECRETARY PRESIDENT/COO DIRECTOR DIRECTOR TREASURER/CFO VICE

PRESIDENT
ASST

SECRETARY
VICE

PRESIDENT
ASST

SECRETARY
VICE

PRESIDENT
VICE

PRESIDENT

INVESTOR INVESTOR

BUSINESS

ADDRESS
500
ARCH
STREET

WILLIAMSPORT,
PA
17701
500
ARCH
STREET

WILLIAMSPORT,
PA
17701
548
NE
91st
STREET

SEATTLE,
WA
98115
500
ARCH
STREET

WILLIAMSPORT,
PA
17701
500
ARCH
STREET

WILLIAMSPORT,
PA
17701
P.O
. BOX
737

LARCHMONT,
NY
10538-0737

CONFIDENTIAL
Date
Associated
%
of
Ownership
with
Nubro/Brodart

0.0000
1977

0.0000
2019

6.2510
1983

0.0000
1982

0.0000
1993

0.0000
1982

0.0000
2004

0.0000
2015

87.4963
1969
/2016

6.2527
1983

CITY COUNCIL STAFF REPORT
07/28/2022 1. U.

City Clerk -

SUBJECT

PURCHASE OF LIBRARY DOWNLOADABLE DIGITAL MEDIA WITH OVERDRIVE, INC. FOR A FIVE-YEAR, NOT-TO-EXCEED AMOUNT OF $250,000
RECOMMENDATION:

Authorize the City Manager to execute all necessary documents.

Attachments
Item 1U

CITY COUNCIL STAFF REPORT

DATE: JULY 28, 2022 CONSENT CALENDAR

SUBJECT: PURCHASE OF LIBRARY DOWNLOADABLE DIGITAL MEDIA WITH OVERDRIVE, INC. FOR A FIVE-YEAR, NOT-TO-EXCEED AMOUNT OF $250,000

FROM: Justin Clifton, City Manager

BY: Library

SUMMARY:

This action will allow the Palm Springs Public Library to purchase downloadable digital media from existing vendor, OverDrive, Inc. with a five (5) year, not-to-exceed amount of $250,000.

RECOMMENDATION:

Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

OverDrive Inc. is a corporation registered in the State of Delaware. Their Public Integrity Disclosure is attached (Attachment A).

BACKGROUND:

The Library purchases all downloadable digital media, such as eBooks, downloadable audio books, and electronic magazines from OverDrive. According to Title 7 of the City of Palm Springs Municipal Code, Procurement and Contracting must follow specific purchasing guidelines. While the purchase of these library materials fits within exemption Section 7.01.030(7), the City Council shall approve Purchase Orders and Cont racts for Supplies and Services that exceed seventy-five thousand dollars ($75,000), unless such approval is otherwise delegated to the City Manager pursuant to separate action by the City Council.

STAFF ANALYSIS:

Palm Springs Municipal Code, Section 7.01.030(7) exemptions to this code include:

Item 1U - 1
City Council Staff Report
July 28, 2022 -- Page 2
Purchase of Library Downloadable Digital Media

“Procurement of miscellaneous books, magazines, newspapers, subscriptions, on- line library reference services, film, videos, and assorted materials for library customer check-out purposes for which contracts by competitive bid solicitation are not practicable, or which are exempted from competitive bidding pursuant to applicable laws.”

Staff recommends this authorization of funds over a five- year term , not-to-exceed $250,000 for the purchase of library downloadable media from OverDrive.

ENVIRONMENTAL ASSESSMENT
:

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Priority 4D, Good Governance.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Library Department Account 1004000-50035 for Year One.

REVIEWED BY:

Department Director: Jeannie Kays
Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton

ATTACHMENTS:

A. Business Disclosure Form-OverDrive, Inc.

Item 1U - 2

ATTACHMENT A

Item 1U - 3
Item 1U - 4
Who Must File?

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies {and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

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

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

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

Page 1 of 2 ends

Item 1U - 5
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

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

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

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

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

Page 2 of 2 ends

Item 1U - 6

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Name of Entity
0 ve.rO r t'i1L1 Ir1c.

Address of Entity (Principle Place of Business)
0J1!- Overtlr/ve., WtJiy, Cle Vi!.-/c,no/, OI-/ iftf /lf Local or California Address (if different than #2)
Nor'/i.,
State where Entity is Registered with Secretary of State Oe. lavv.arv
If other than California, is the Entity also reqistered in California? w(~es n No Type of Entity
~Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Sfe..ve...n t._"oft:uh, /::."'re,,f/cl(.,1//i--1 C£o D Officer ~irector D Member D Manager [mime]
General Partner D Limited Partner
Other
6r~orv ht,m?r, CFO Officer ~irector D Member D Manager
' [name]
D General Partner Limited Partner
Other
£11c&1 Lt1izaro EV/1r 6tnu.:; I Covn.i:e~Officer Director D Member Manager [name]
D General Partner D Limited Partner
Other

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)
Item 1U - 7

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A. k.KI<. 1 Co. 1 Inc. I oo 1u, 0 l/U l/1'"i ✓e..1 £nt. Jo I-/ u 1h o ,1 y,:u-d > New ,Yo;✓;(, fl/Y LOOOf
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitv]
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 entitvl
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Sign~/ of Disclosing Party, Pri ted Name, Title
,.

Date
(Revised 0913 18)

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 ends

CITY COUNCIL STAFF REPORT
07/28/2022 1. V.

City Clerk -

SUBJECT

PURCHASE OF LIBRARY MEDIA MATERIALS WITH MIDWEST TAPE, LLC FOR A FIVE-YEAR, NOT-TO-EXCEED AMOUNT OF $500,000
RECOMMENDATION:

Authorize the City Manager to execute all necessary documents.

Attachments
Item 1V

CITY COUNCIL STAFF REPORT

DATE: JULY 28, 2022 CONSENT CALENDAR

SUBJECT: PURCHASE OF LIBRARY MEDIA MATERIALS WITH MIDWEST TAPE, LLC FOR A FIVE-YEAR, NOT-TO-EXCEED AMOUNT OF $500,000

FROM: Justin Clifton, City Manager

BY: Library

SUMMARY:

This action will allow the Palm Springs Public Library to purchase media materials from existing vendor, Midwest Tape, LLC. with a five ( 5) year, not-to-exceed amount of $500,000.

RECOMMENDATION:

Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Midwest Tape, LLC is a Limited Liability Company registered in the State of Ohio . Their Public Integrity Disclosure is attached (Attachment A).

BACKGROUND:

The Library purchases most media materials, such as DVDs, Blu -Ray, audio books on CD, and music CDs from Midwest Tape, LLC . According to Title 7 of the City of Palm Springs Municipal Code, Procurement and Contracting must follow specific purchasing guidelines. While the purchase of these library materials fits within exemption Section

7.01.030(7), the City Council shall approve Purchase Orders and Cont racts for Supplies and Services that exceed seventy-five thousand dollars ($75,000), unless such approval is otherwise delegated to the City Manager pursuant to separate action by the City Council.

STAFF ANALYSIS:

Palm Springs Municipal Code, Section 7.01.030(7) exemptions to this code include:

Item 1V - 1
City Council Staff Report
July 28, 2022 -- Page 2
Purchase of Library Media Materials

Staff recommend this authorization of funds over a five- year term, not-to-exceed $500,000 for the purchase of library media materials from Midwest Tape, LLC.

ENVIRONMENTAL ASSESSMENT
:

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Priority 4D, Good Governance.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Library Department Account 1004000-50035 for Year One.

REVIEWED BY:

Department Director: Jeannie Kays
Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton

ATTACHMENTS:

A. Business Disclosure Form-Midwest Tape, LLC.

Item 1V - 2

ATTACHMENT A

Item 1V - 3

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
Midwest Tape, LLC

2. Address of Entity (Principle Place of Business)
1417 Timberwolf Drive, Holland, OH 43528

3. Local or California Address (if different than #2)
No physical presence in California

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

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

Jeff Jankowski D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
□ Other

D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
□ Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
□ Other

(Revised 09 13 18)

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

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Item 1V - 4
y
X
X
7/12/2022
Date
Sheref Abou-Donia, Controller
Signatureof Disclosing Party, Printed Name, Title

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

EXAMPLE

JANE DOE

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

Jeff Jankowski

20%, Midwest Tape, LLC
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entityl

0. [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.

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCL OSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13 18)
Item 1V - 5

CITY COUNCIL STAFF REPORT
07/28/2022 1. W.

City Clerk -

SUBJECT

APPROVE A ONE-YEAR SERVICES AGREEMENT WITH NEOGOV FOR HUMAN

RESOURCES MANAGEMENT AND PAYROLL SOFTWARE SYSTEM SERVICES RECOMMENDATION:

Approve a one-year Services Agreement with Governmentjobs.com, Inc. DBA NEOGOV, for Human Resources management and payroll software system services in an amount not to exceed $102,564.

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

Attachments
Item 1W

CITY COUNCIL STAFF REPORT

DATE: JULY 28, 2022 CONSENT CALENDAR

SUBJECT: APPROVE A ONE-YEAR SERVICES AGREEMENT WITH NEOGOV FOR

HUMAN RESOURCES MANAGEMENT AND PAYROLL SOFTWARE

SYSTEM SERVICES

FROM: Justin Clifton, City Manager

BY: Information Technology Department

SUMMARY:

The City currently utilizes the NEOGOV talent management product to provide electronic automation of Human Resources functional areas including recruitment, onboarding, training, and performance management , in addition to payroll system processing. This action will approve a NEOGOV Services A greement for one year to provide HR management and payroll software system services for fiscal year 2022-23.

RECOMMENDATION:

1) Approve a one-year Services Agreement with Governmentjobs.com, Inc. DBA NEOGOV, for Human Resources management and payroll software system services in an amount not to exceed $102,564.

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

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure for NEOGOV is included as Attachment A.

BACKGROUND:

The City uses cloud based NEOGOV for HR management and payroll software services.

In 2019, the City entered into a three- year agreement with NEOGOV to provide HR management services and payroll software management , which ended June 30, 2022 .

NEOGOV is the leader in on-demand human resources software specifically designed for public sector agencies and is currently utilized by over 6,000 public agencies and educational institutions.

Item 1W - 1
City Council Staff Report
July 28, 2022-- Page 2
Online Service Agreement – NEOGOV

STAFF ANALYSIS:

The current payroll and HR management system is a large complex system that provides the ability to process payroll and provide basic HR functions including performance management, recruitment, training, and onboarding. During this fiscal year, the City will explore the availability of a more robust payroll software service, potentially leveraging the existing finance management software. Staff recommends approving an updated Services Agreement with NEOGOV for a period of one year to provide continued Human Resources and payroll services.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Priority 4D, Good Governance.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Information Technology Department Account 1001025-4 0105 and will be budgeted in future fiscal years.

REVIEWED BY:

Department Director: Larry Klingaman
Assistant City Manager: Jeremy Hammond
City Manager: Justin Clifton

ATTACHMENTS:

A. Business Disclosure Form
B. NEOGOV Services Agreement

Item 1W - 2

ATTACHMENT A

Item 1W - 3
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

Page 1 of 2 ends

(Revised 09 13 18)
Who Must File?

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Applicants t hat are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal gov
ernment and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

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

Whe
n Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your appl
ication for a City approval determined by a vote of City officials, whether elected or appointed.

Item 1W - 4
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

Page 2 of 2 ends

(Revised 09 13 18)

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

What Must I Disclose?

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

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

PENALTIES

Item 1W - 5
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
Governmentjobs.com dba NEOGOV

2. Address of Entity (Principle Place of Business)
2120 Park Place Suite 100 El Segundo CA, 90245

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

4. State where Entity is Registered with Secretary of State California

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

5. Type of Entity

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

_Shane Evangelist  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other

_Alex Chun

[name]

 Officer  Director  Member  Manager

 General Partner  Limited Partner

 Other

_David Eisler

[name]

 Officer  Director  Member  Manager

 General Partner  Limited Partner

 Other
Item 1W - 6
..,,,
..,,,
..,,,
..,,,
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13 18)
Ana Alfaro, Revenue Accounting Manager
Signature of Disclosing Party, Printed Name, Title

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.

Warburg Pincus (through affilicated entities

[name of owner/investor]
>10%
[percentage of beneficial interest in
entity
and name of entity]
B.

The Carlyle Group (through affiliated entitie

[name of owner/investor]
) >10%
[percentage of beneficial interest in
entity
and name of entity]
C.

Frontier Fund (thorugh affiliated entities)
[name of owner/investor]
5%
[percentage of beneficial interest in
entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in e
ntity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Date
07/15/2022
Item 1W - 7
ATT

ACHMENT B
Item 1W - 8

SERVICES AGREEMENT
V032122
You agree that by placing an order through a NEOGOV standard ordering document entitled an “Order Form”, “Service Order,” or “SOW” (each, an “Order Form” for purposes of this Agreement) you agree to follow and be bound by the terms and conditions set forth herein. “Governmentjobs.com”, “NEOGOV”, “we”, and “our” means Governmentjobs.com, Inc. (D/B/A/

NEOGOV),
for and on behalf of itself and its subsidiaries PowerDMS, Inc., Cuehit,
Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule),
and Design
PD, LLC (D/B/A Agency360) (collectively, “NEOGOV” and, where applicable, its other affiliates; “Customer”, “you”, “your” means the NEOGOV client, customer, or subscriber identified in the Order Form).

If you are placing an order on behalf of a legal entity, you represent that you have the authority to bind such entity to the terms and conditions of the Order Form and these terms and, in such event, “you” and “your” as used in these agreement terms shall refer to such entity. “Agreement” shall be used to collectively refer to this NEOGOV Services Agreement (the “Services Agreement” or the “Agreement”), documents incorporated herein including the applicable Order Form, Exhibits, Schedule(s), and Special Conditions (if any). “Special Conditions” means individually negotiated variations, amendments and/or additions to this Service Agreement of which are either drafted, or incorporated by reference, into the Order Form.

1. Provision of Services. Subject to the terms of this Agreement NEOGOV hereby agrees to provide Customer with access to its SaaS Applications and Professional Services (each defined below) included or ordered by Customer in the applicable Order Form (collectively referred to as the “Services”). Customer hereby acknowledges and agrees that NEOGOV’s provision and performance of, and Customer’s access to, the Services is dependent and conditioned upon Customer’s full performance of its duties, obligations and responsibilities hereunder. This Agreement entered into as of the date of your signature on an applicable Order Form or use of the Services commences (the “Effective Date”). The Agreement supersedes any prior and contemporaneous discussions, agreements or representations and warranties.

2. SaaS Subscription.
a) Subscription Grant. “SaaS Applications” means each proprietary NEOGOV web-based software-as-a-service application that may be set forth on an Order Form and subsequently made available by NEOGOV to Customer, and associated components as described in any written service specifications made available to Customer by NEOGOV (the “Service Specifications”). Subject to and conditioned on Customer’s and its Authorized Users’ compliance with the terms and conditions of this Agreement, NEOGOV hereby grants to Customer a limited, non-exclusive, non-transferable, and non-sublicensable right to (a) onboard, access and use, and to permit Authorized Users to onboard, access and use, the SaaS Applications specified in the Order Form solely for Customer’s internal, non-commercial purposes; (b) generate, print, and download Customer Data as may result from any access to or use of the SaaS Applications; and (c) train Authorized Users in uses of the SaaS Applications permitted hereunder (these rights shall collectively be referred to as the “SaaS Subscription”). “Authorized Users” means (i) Customer employees, agents, contractors, consultants (“Personnel”) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Services Agreement and (ii) for whom access to the Services has been purchased hereunder. You may not access the SaaS Applications if you are a direct competitor of NEOGOV or its affiliates. In addition, you may not access the SaaS Applications for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes. You shall be responsible for each Authorized User’s access to and use of the SaaS Applications and compliance with applicable terms and conditions of this Agreement.
b) Subscription Term. Unless otherwise specified in an applicable Order Form, SaaS Subscriptions shall commence on the Effective Date and remain in effect for twelve (12) consecutive months, unless terminated earlier in accordance with this Agreement (the “Initial Term”). Thereafter, SaaS Subscriptions shall automatically renew for successive twelve (12) month terms (each a “Renewal Term” and together with the Initial Term, collectively, the “Term”) unless a party delivers to the other party, at least thirty (30) days prior to the expiration of the Initial Term or the applicable Renewal Term, written notice of such party’s intention to not renew this Agreement, or unless terminated earlier in accordance with this Agreement. The Term for the Services is a continuous and non-divisible commitment for the full duration regardless of any invoice schedule. The purchase of any Service is separate from any other order for any other Service. Customer may purchase certain Services independently of other Services. Your obligation to pay for any Service is not contingent on performance of any other Service or delivery of any other Service.

3. Customer Responsibilities. Customer will not, and will ensure its Authorized Users do not (a) make any of the Services available to anyone other than Authorized Users or use any Services for the benefit of anyone other than Customer and its 1 Item 1W - 9
Authorized Users, unless otherwise agreed in writing by the parties, (b) sell, resell, license, sublicense, distribute, make available, rent or lease any of the Services, or include any of the Services in a service bureau or outsourcing offering, unless otherwise agreed in writing by the parties, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of the privacy rights, publicity rights, copyright rights, or other rights of any person or entity, (d) use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses, (e) interfere with or disrupt the integrity or performance of the Services (including, without limitation, activities such as security penetration tests, stress tests, and spamming activity), (f) attempt to gain unauthorized access to the Services or its related systems or networks, (g) disassemble, reverse engineer, or decompile the Services, or modify, copy, or create derivative works based on the Services or any part, feature, function or user interface thereof, (h) remove the copyright, trademark, or any other proprietary rights or notices included within NEOGOV Intellectual Property and on and in any documentation or training materials, or (i) use the Services in a manner which violates the terms of this Agreement, any Order Form or any applicable laws.

4. Professional Services. “Professional Services” shall mean consulting, training services purchased by Customer in an applicable Order Form or detailed in a NEOGOV Scope of Work (SOW) relating to assistance, training, deployment, usage, customizations, accessory data processing, and best practices of and concerning the SaaS Applications. Professional Services may be ordered by Customer pursuant to a SOW and Service Specifications describing the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information. Order Forms or SOWs must be signed by Customer before NEOGOV shall commence work. If Customer does not execute a separate SOW, the Services shall be provided as stated on the Order Form and this Agreement and documents incorporated herein shall control. All Professional Services purchased by Customer must be utilized within twelve (12) months of the date of the applicable Order Form or SOW.

5. Payment Terms.
a) Fees. Unless otherwise stated in an Order Form, Customer shall pay all Subscription, Onboarding and Set-Up fees (“Subscription Fees”) and Professional Service fees (“Professional Service Fees”, collectively the “Fees”) within thirty (30) days of Customer’s receipt of NEOGOV’s invoice. Fees shall be invoiced annually in advance and in a single invoice for each Term. Invoices shall be delivered to the stated “Bill To” party on the Order Form. Unless explicitly provided otherwise, once placed the Order Form is non-cancellable and sums paid nonrefundable. Any invoiced amount that is not received by NEOGOV when due as set forth in an Order Form will be subject to a late payment fee of 1.5% per month or the maximum rate permitted by law, whichever is lower. If any amount owing by Customer is more than 30 days overdue, NEOGOV may, without limiting its other rights and remedies, suspend the Services until such amounts are paid in full. Subscription Fees are based upon the Authorized User count unless otherwise stated in an Order Form and Customer shall owe NEOGOV supplemental Subscription Fees to the extent Customer exceeds the number of Authorized Users set forth in the Order Form. Except as otherwise specifically stated in the Order Form, NEOGOV may change the charges for the Services with effect from the start of each Renewal Term by providing Customer with a new Order Form at least thirty (30) day notice prior to commencement of a Renewal Term. The new Order Form shall be deemed to be effective if Customer (a) returns the executed Order Form to NEOGOV , (b) remits payment to NEOGOV of the fees set forth in the invoice referencing the Order Form, or (c) the Customer or any of its Authorized Users access or use the Services after the expiration of the previous Term. b) Taxes. Customer will pay all taxes, duties and levies imposed by all federal, state, and local authorities (including, without limitation, export, sales, use, excise, and value-added taxes) based on the transactions or payments under this Agreement, except those taxes imposed or based on NEOGOV’s net income or those exempt by applicable state law.

Customer shall provide NEOGOV with a certificate or other evidence of such exemption within ten (10) days of NEOGOV’s request therefor.
c) Customer Purchase Orders. Except as otherwise specified in an Order Form, Customer will not require any purchase order to pay fees due or otherwise to perform its obligations with respect to any Order Form. Any reference to a purchase order in an Order Form or any associated invoice is solely for Customer's convenience in record keeping, and no such reference or any delivery of services to Customer following receipt of any purchase order shall be deemed an acknowledgement of or an agreement to any terms or conditions referenced or included in any such purchase order.

If a
purchase order is delivered by Customer in connection with the purchase of Services, none of the terms and conditions contained in such purchase order shall modify or supersede the terms and conditions of this Agreement. NEOGOV’s failure to object to terms contained in any such purchase order shall not be a waiver of the terms set forth in this provision or in this Agreement.

6. Term and Termination.
2 Item 1W - 10
a) Term. Unless otherwise specified in an applicable Order Form, this Agreement shall commence on the Effective Date.

This Agreement shall remain in effect until all SaaS Subscriptions have expired and/or both parties have achieved full performance of Professional Services or other services detailed in a SOW, unless it is terminated earlier in accordance with this Agreement.
b) Termination for Cause; Effect of Termination. Either Party may terminate this Agreement immediately if the other is in material breach of this Agreement and such breach is not cured within thirty (30) days following non-breaching party’s written specification of the breach. NEOGOV may suspend the Services or terminate this Agreement immediately in the event the Services or Customer’s use of the Services provided hereunder pose a security risk to the Services, NEOGOV or any third party, or become illegal or contrary to any applicable law, rule, regulation, or public policy.

Upon expiration or any termination of this Agreement, Customer shall cease all use and refrain from all further use of the Services and other NEOGOV Intellectual Property. Additionally, Customer shall be obligated to pay, as of the effective date of such expiration or termination, all amounts due and unpaid to NEOGOV under this Agreement. Unless otherwise specified, after expiration or termination of this Agreement NEOGOV may remove Customer Data from NEOGOV Services and without Customer consent or notice.

7. Audit Rights. Upon reasonable notice, NEOGOV or its agent shall have the right to audit Customer’s records relating to its compliance with this Agreement. Customer shall cooperate fully with this audit. If any audit conducted under this Section indicates that any amount due to NEOGOV was underpaid, Customer shall within three (3) business days pay to NEOGOV the amount due. All expenses associated with any such audit shall be paid by NEOGOV unless the audit reveals underpayment in excess of five percent (5%), in which case Customer shall pay such expenses as well as any amount due to NEOGOV .

8. Maintenance; Modifications; Support Services.
a) Maintenance, Updates, Upgrades. NEOGOV maintains NEOGOV’s hardware and software infrastructure for the Services and is responsible for maintaining the NEOGOV server operation and NEOGOV database security. NEOGOV may in its sole discretion, periodically modify, Update, and Upgrade the features, components, and functionality of the Services during the Term. “Update” means any update, bug fix, patch or correction of the Services or underlying NEOGOV software that NEOGOV makes generally available to its customers of the same module, excluding Upgrades. Updates are automatic and available upon Customer’s next login to the Services following an Update at no additional cost to Customer. “Upgrade” means any update of the Services or underlying NEOGOV software such as platform updates, and major product enhancements and/or new features that NEOGOV makes commercially available.

NEOGOV shall have no obligation to provide Upgrades to customers and retains the right to offer Upgrades free of cost or on a per customer basis at additional cost. NEOGOV shall have no liability for, or any obligations to, investments in, or modifications to Customer’s hardware, systems or other software which may be necessary to use or access the Services due to a modification, Update, or Upgrade of the Services. b) Program Documentation; Training Materials. “Program Documentation” shall mean all user guides, training, and implementation material, and Service descriptions provided by NEOGOV to Customer in connection with the Services.

NEOGOV hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable license to use, print, and distribute internally via non-public platforms, the Program Documentation during the Term solely for Customer's internal business purposes in connection with its use of the Services. Primary training of NEOGOV Services is conducted by self-review of online materials. NEOGOV’s pre-built, online training consists of a series of tutorials to introduce the standard features and functions (the “Training Materials”). The Training Materials may be used as reference material by Customer Personnel conducting day-to-day activities. c) Implementation. For Services requiring implementation, NEOGOV implementation supplements the Training Materials and is conducted off-site unless otherwise agreed in the Order Form. NEOGOV personnel will provide consultation on best practices for setting up the Services, answer Customer questions during the implementation period, and use commercially reasonable efforts to ensure Authorized User Admins grasp the system. The length of the implementation time is dependent on the type of Service and the Customer’s responsiveness. NEOGOV is notresponsible or liable for any delay or failure to perform implementation caused in whole or in part by Customer's delay in performing it obligations hereunder and, in the event of any such delay, NEOGOV may, in its sole discretion, extend all performance dates as NEOGOV deems reasonably necessary.
d) Support. Phone support for the Services is available to Customer Monday through Friday, excluding NEOGOV holidays. Customer may submit a request for online support for the Services 24 hours a day, seven days a week, and

the
3 Item 1W - 11
NEOGOV support desk will acknowledge receipt of the request within a reasonable time. The length of time for a resolution of any problem is dependent on the type of case. e) Limitations. Unless otherwise specified in the Order Form, this Agreement does not obligate NEOGOV to render any maintenance or support services that are not expressly provided herein, including, but not limited to data uploads, manual data entry, migration services, data conversion, refinement, purification, reformatting, SQL dump, or process consultation.

9. NEOGOV Intellectual Property. NEOGOV shall exclusively own all right, title and interest in and to all pre-existing and future intellectual property developed or delivered by NEOGOV including all Services, products, systems, software (including any source code or object code) or Service Specifications related thereto, Updates or Upgrades, trademarks, service marks, logos and other distinctive brand features of NEOGOV and all proprietary rights embodied therein (collectively, the “NEOGOV Intellectual Property”). This Agreement does not convey or transfer title or ownership of the NEOGOV Intellectual Property to Customer or any of its users. All rights not expressly granted herein are reserved by NEOGOV . Other than recommendation use or as required by law, all use of NEOGOV trademarks must be pre-approved by NEOGOV prior to use. Trademarks shall include any word, name, symbol, color, designation or device, or any combination thereof that functions as a source identifier, including any trademark, trade dress, service mark, trade name, logo, design mark, or domain name, whether or not registered.

10. Data Processing and Privacy.
a) Customer Data. “Customer Data” shall mean all data that is owned or developed by Customer, whether provided to NEOGOV by Customer or provided by a third party to NEOGOV in connection with NEOGOV’s provision of Services to Customer, including Personnel data collected, loaded into, or located in Customer data files maintained by NEOGOV . NEOGOV Intellectual Property, including but not limited to the Services and all derivative works thereof, NEOGOV Confidential Information, and Platform Data do not fall within the meaning of the term “Customer Data”.

Customer exclusively owns all right, title, and interest in and to all Customer Data. Customer grants NEOGOV a license to host, use, process, display, create non-personal derivative works of, and transmit Customer Data to provide the Services. NEOGOV reserves the right to delete or disable Customer Data stored, transmitted or published by Customer using the Services upon receipt of a bona fide notification that such content infringes upon the Intellectual Property Rights of others, or if NEOGOV otherwise reasonably believes any such content is in violation of this Agreement.
b) Platform Data. “Platform Data” shall mean any anonymized data reflecting the access or use of the Services by or on behalf of Customer or any user, including statistical or other analysis and performance information related to the provision and operation of the Services including any end user visit, session, impression, clickthrough or click stream data, as well as log, device, transaction data, or other analysis, information, or data based on or derived from any of the foregoing. NEOGOV shall exclusively own all right, title and interest in and to all Platform Data. Customer acknowledges NEOGOV may compile Platform Data based on Customer Data input into the Services. Customer agrees that NEOGOV may use Platform Data to the extent and in the manner permitted under applicable law. c) Data Processing Agreement. To the extent Customer uses the Services to target and collect personal information from users located in the European Union, European Economic Area, or Switzerland (the “EU”) or the United Kingdom (“UK”), or has Authorized Users accessing the Services from the EU or UK, the following NEOGOV Data Processing Addendum (“DPA”) is incorporated herein by reference:
https://www.neogov.com/hubfs/Legal%20Documents/Customer%20Data%20Processing%20Addendum-signed.pdf. d) Data Responsibilities.
i) NEOGOV will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Customer Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Customer Data by NEOGOV personnel except (a) to provide the Services and prevent or address service or technical problems, (b) as compelled by applicable law, or (c) as Customer expressly permits in writing. Customer acknowledges and agrees that it is commercially reasonable for NEOGOV to rely upon the security processes and measures utilized by NEOGOV’s cloud infrastructure providers.
ii) Customer is solely responsible for the development, content, operation, maintenance, and use of Customer Data.

NEOGOV will have no responsibility or liability for the accuracy of the Customer Data prior to receipt of such 4 Item 1W - 12

data into the Services. Customer shall be solely responsible for and shall comply with all applicable laws and regulations relating to (i) the accuracy and completeness of all information input, submitted, or uploaded to the Services, (ii) the privacy of users of the Services, including, without limitation, providing appropriate notices to and obtaining appropriate consents from any individuals to whom Customer Data relates; and (iii) the collection, use, modification, alteration, extraction, retention, copying, external storage, disclosure, transfer, disposal, and other processing of any Customer Data. NEOGOV is not responsible for lost data caused by the action or inaction of Customer or Authorized Users. Unless otherwise mutually agreed in writing, Customer shall not maintain any financial, health, payment card, or similarly sensitive data that imposes specific data security or data protection obligations within the Services.
e) Breach Notice. NEOGOV will notify Customer of unauthorized access to, or unauthorized use, loss or disclosure of Customer Data within its custody and control (a “Security Breach”) within 72 hours of NEOGOV’s confirmation of the nature and extent of the same or when required by applicable law, whichever is earlier. Each party will reasonably cooperate with the other with respect to the investigation and resolution of any Security Breach. If applicable law or Customer’s policies require notification of its Authorized Users or others of the Security Breach, Customer shall be responsible for such notification.
f) Data Export, Retention and Destruction. Customer may export or delete Customer Data from the Services at any time during a Subscription Term, using the existing features and functionality of the Services. Customer is solely responsible for its data retention obligations with respect to Customer Data. If and to the extent Customer cannot export or delete Customer Data stored on NEOGOV’s systems using the then existing features and functionality of the Services, NEOGOV will, upon Customer's written request, make the Customer Data available for export by Customer or destroy the Customer Data. If Customer requires the Customer Data to be exported in a different format than provided by NEOGOV , such additional services will be subject to a separate agreement on a time and materials basis. Except as otherwise required by applicable law, NEOGOV will have no obligation to maintain or provide any Customer Data more than ninety (90) days after the expiration or termination of this Agreement.

11. Third Party Services. The Services may permit Customer and its Authorized Users to access services or content provided by third parties through the Services (“Third Party Services”). Customer agrees that NEOGOV is not the original source and shall not be liable for any inaccuracies contained in any content provided in any of the Third Party Services. NEOGOV makes no representations, warranties or guarantees with respect to the Third Party Services or any content contained therein.

NEOGOV may discontinue access to any Third Party Services through the Services if the relevant agreement with the applicable third party no longer permits NEOGOV to provide such access. If loss of access to any Third Party Services (to which Customer has a subscription under this Agreement) occurs during a Subscription Term, NEOGOV will refund to Customer any prepaid fees for such Third Party Services covering the remainder of the Subscription Term.

12. Nondisclosure.
a) Definition of Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer's Confidential Information includes its Customer Data. NEOGOV Confidential Information includes the NEOGOV Intellectual Property and the Services. The Confidential Information of each party includes the terms and conditions of this Agreement and all Order Forms (including pricing), as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (c) is received from a third party without breach of any obligation owed to the Disclosing Party, or (d) was independently developed by the Receiving Party.
b) Obligations. The Receiving Party will: (i) use the same degree of care it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care); (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (iii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not less protective of the Confidential Information than those herein.

5 Item 1W - 13
c) Exceptions. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
d) Equitable Relief. The parties recognize and agree there is no adequate remedy at law for breach of the provisions of the confidentiality obligations set forth in this Section 12, that such a breach would irreparably harm the Disclosing Party and the Disclosing Party is entitled to seek equitable relief (including, without limitation, an injunction) with respect to any such breach or potential breach in addition to any other remedies available to it at law or in equity.

13. Representations, Warranties, and Disclaimers.
a) Mutual Representations. Each party represents and warrants to the other party that (i) it has full power and authority under all relevant laws and regulations and is duly authorized to enter into this Agreement; and (ii) to its knowledge, the execution, delivery and performance of this Agreement by such party does not conflict with any agreement, instrument or understanding, oral or written, to which it is a party or by which it may be bound, nor violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over it. b) Service Performance Warranty. NEOGOV warrants that it provides the Services using a commercially reasonable level of care and skill. THE FOREGOING WARRANTY DOES NOT APPLY , AND NEOGOV STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD PARTY SERVICES. c) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS WARRANTY SECTION, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND CUSTOMER’S USE OF THE SERVICES IS AT ITS OWN RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS

AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF

MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV

DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY ERROR WILL BE CORRECTED. d) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT

CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL

ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND A VOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY , NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

14. Indemnification.
a) Customer Indemnity. To the extent permitted by applicable law, Customer will defend and indemnify NEOGOV from and against claim, demand, suit or proceeding made or brought against NEOGOV (a) by a third party alleging that any Customer Data infringes or misappropriates such third party's intellectual property rights, (b) in connection with Customer’s violation of any applicable laws, or (c) any claim or allegation by any third party resulting from or related to Customer’s or any of its Authorized User’s breach of Section 3 of this Agreement, in each case provided that Customer is promptly notified of any and all such claims, demands, suits or proceedings and given reasonable assistance and the opportunity to assume sole control over defense and settlement. b) NEOGOV Indemnity. Subject to subsections 14(b)(i) through 14(b)(iii) of this Section, if a third party makes a claim against Customer that any NEOGOV intellectual property furnished by NEOGOV and used by Customer infringes a third party’s intellectual property rights, NEOGOV will defend the Customer against the claim and indemnify the Customer from the damages and liabilities awarded by the court to the third-party claiming infringement or the settlement agreed to by NEOGOV , provided that NEOGOV is promptly notified of any and all such claims, demands, suits or proceedings and given reasonable assistance and the opportunity to assume sole control over defense and settlement.
6 Item 1W - 14
i) Alternative Resolution. If NEOGOV believes or it is determined that any of the Services may have violated a third party’s intellectual property rights, NEOGOV may choose to either modify the Services to be non-infringing or obtain a license to allow for continued use. If these alternatives are not commercially reasonable, NEOGOV may end the subscription or license for the Services and refund a pro-rata portion of any fees covering the whole months that would have remained, absent such early termination, following the effective date of such early termination.
ii) No Duty to Indemnify. NEOGOV will not indemnify Customer if Customer alters the Service or Service Specifications, or uses it outside the scope of use or if Customer uses a version of the Service or Service Specifications which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Services or Service Specifications which was provided to Customer, or if the Customer continues to use the infringing material after the subscription expires. NEOGOV will not indemnify the Customer to the extent that an infringement claim is based upon any information, design, specification, instruction, software, data, or material not furnished by NEOGOV . NEOGOV will not indemnify Customer for any portion of an infringement claim that is based upon the combination of Service or Service Specifications with any products or services not provided by NEOGOV . NEOGOV will not indemnify Customer for infringement caused by Customer’s actions against any third party if the Services as delivered to Customer and used in accordance with the terms of the Agreement would not otherwise infringe any third-party intellectual property rights.
iii) Exclusive Remedy. This Section provides the exclusive remedy for any intellectual property infringement claims or damages against NEOGOV .

15. Limitations of Liability.
a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO

EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS

SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY , INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY , AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN V ALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, OR LOSS OF REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY ,

SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE

ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE

OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
a) CAP ON MONETARY LIABILITY. EXCEPT FOR DAMAGES ARISING OUT OF LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED, CUSTOMER’S OBLIGATIONS TO MAKE PAYMENT

UNDER THIS AGREEMENT, OR LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF NEOGOV

INTELLECTUAL PROPERTY RIGHTS, THE TOTAL LIABILITY OF EITHER PARTY FOR ANY AND ALL

CLAIMS AGAINST THE OTHER PARTY UNDER THIS AGREEMENT, WHETHER ARISING UNDER OR

RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY , OR ANY

OTHER LEGAL OR EQUITABLE THEORY , SHALL NOT EXCEED THE AMOUNT OF ALL PAYMENTS

ACTUALLY RECEIVED BY NEOGOV FROM CUSTOMER IN CONNECTION WITH THIS AGREEMENT IN THE 12 MONTH PERIOD PRECEDING THE DATE OF THE EVENT INITIALLY GIVING RISE TO SUCH LIABILITY . THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL PAYMENTS FOR

CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF

LIABILITY IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES

AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY .

16. Text Message Communications. NEOGOV may offer Personnel the opportunity to receive text messages regarding job application or hiring process reminders, applicant status updates, or other human resource related notices. Since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those 7 Item 1W - 15
providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. NEOGOV cannot vouch for the technical capabilities of any third parties to receive such text messages. To the extent you utilize text messaging features, NEOGOV shall not be responsible for your use of such features, and you shall indemnify NEOGOV with respect to any damages resulting from your use including but not limited any violations of applicable law. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY , OR IMPLIED AS TO: (i) THE A V AILABILITY OF TELECOMMUNICATION SERVICES; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.

17. Publicity. Unless otherwise provided in the applicable Order Form, NEOGOV may identify Customer as one of its customers and use Customer’s logo for such purposes, subject to any trademark usage requirements specified by Customer.

18. Force Majeure. Except for Customer’s payment obligations to NEOGOV , neither party shall be liable for any damages, costs, expenses or other consequences incurred by the other party or by any other person or entity for anyact, circumstance, event, impediment or occurrencebeyond such party’s reasonable control, including, without limitation: (a) acts of God; (b) changes in or in the interpretation of any law, rule, regulation or ordinance; (c) strikes, lockouts or other labor problems; (d) transportation delays; (e) unavailability of supplies or materials; (f) fire or explosion; (g) riot, pandemic, military action or usurped power; (h) actions or failures to act on the part of a governmental authority; (i) internet service interruptions or slowdowns, vandalism or cyber-attacks, or (j) any other cause beyond the reasonable control of such party.

19. Independent Contractor; No Third Party Beneficiary; Fulfillment Partners. The relationship of the parties shall be deemed to be that of an independent contractor and nothing contained herein shall be deemed to constitute a partnership between or a joint venture by the parties hereto or constitute either party the employee or agent of the other. Customer acknowledges that nothing in this Agreement gives Customer the right to bind or commit NEOGOV to any agreements with any third parties.

This Agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party whether referred to herein or not. NEOGOV may designate any third-party affiliate, or other agent or subcontractor (each a “Fulfillment Partner”), without notice to, or the consent of, Customer, to perform such tasks and functions to complete any Services.

20. Entire Agreement; Amendment. This Services Agreement, the Exhibits hereto and documents incorporated herein, the applicable Order Form, and Special Conditions (if any) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral and written statements of any kind whatsoever made by the parties with respect to such subject matter. Any Customer proposal for additional or different terms, or Customer attempt to vary in any degree any of the terms of this Agreement is hereby objected to and rejected but such proposal shall not operate as a rejection of this Service Agreement and Order Form unless such variances are in the terms of the description, quantity, or price but shall be deemed a material alteration thereof, and this Service Agreement and the applicable Order Form shall be deemed accepted by the Customer without said additional or different terms. It is expressly agreed that the terms of this Agreement and any NEOGOV Order Form shall supersede the terms in any non-NEOGOV purchase order or other ordering document. Notwithstanding the foregoing, any conflict of terms shall be resolved by giving priority in accordance with the following order: 1) Special Conditions (if any), 2) NEOGOV Order Form, 3) the NEOGOV Services Agreement, and 4) incorporated documents. This Agreement supersedes the terms and conditions of any clickthrough agreement associated with the Services. This Agreement may not be modified or amended (and no rights hereunder may be waived) except through a written instrument signed by the parties to be bound.

21. General. This Agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to conflict of law rules. Any legal action or proceeding relating to this Agreement shall be instituted only in any state or federal court in Los Angeles, California. If any provision of this Agreement is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement will continue in full force and effect. Provisions that survive termination or expiration are those relating to, without limitation, accrued rights to payment, acknowledgements and reservations of proprietary rights, confidentiality obligations, warranty disclaimers, and limitations of liability, and others which by their nature are intended to survive. All notices or other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given either when personally delivered, one (1) business day following delivery by recognized overnight courier or electronic mail, or three (3) business days following deposit in the U.S. mail, registered or certified, postage prepaid, return receipt requested. All such communications shall be sent to (i) Customer at the address set forth in the Order Form and (ii) NEOGOV at the address specified in the applicable Order Form. The waiver, express or implied, by either party of any 8 Item 1W - 16
breach of this Agreement by the other party will not waive any subsequent breach by such party of the same or a different kind. Delivery of a copy of this Agreement or an Order Form bearing an original signature by facsimile transmission, by electronic mail or by any other electronic means will have the same effect as physical delivery of the paper document bearing the original signature. Customer may not assign this Agreement without the express written approval of NEOGOV and any attempt at assignment in violation of this Section shall be null and void. The parties intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, schedules, attachments, and appendices referred to herein are an integral part of this Agreement to the same extent as if they were set forth verbatim herein. 9 Item 1W - 17
Exhibit A
Government Customer Addendum
If Customer is a Government Customer, the following Government Customer Addendum (“Government Addendum”) forms part of the Services Agreement, and in the case of any conflict or inconsistency between the terms and provisions of this Addendum and any other provision of the Services Agreement, the terms of this Government Addendum shall control. For purposes hereof, a “Government Customer” means a Customer which is a (a) U.S. Federal agency, (b) state government, agency, department, or

political subdivision (including a city, county or municipal corporation), or (c) instrumentality of any of the foregoing (including a municipal hospital or municipal hospital district, police or fire department, public library, park district, state college or university, Indian tribal economic development organization, or port authority).

1. Applicability. The provisions of this Addendum shall apply only if Customer is a Government Customer under the Services Agreement.

2. Termination for Non-Appropriation of Funds. If Customer is subject to federal, state or local law which makes Customer’s financial obligations under this Services Agreement contingent upon sufficient appropriation of funds by the applicable legislature (or other appropriate governmental body), and if such funds are not forthcoming or are insufficient due to failure of such appropriation, then Customer will have the right to terminate the Services Agreement at no additional cost and with no penalty by giving prior written notice documenting the lack of funding. Customer will provide at least thirty (30) days advance written notice of such termination. Customer will use reasonable efforts to ensure appropriated funds are available. If Customer terminates the Services Agreement under this Section 2, Customer agrees not to replace the Services with functionally similar products or services for a period of one year after the termination of the Services Agreement.

3. Indemnification. If Customer is prohibited by federal, state or local law from agreeing to hold harmless or indemnify third parties, Section 14(a) of the Services Agreement shall not apply to Customer, to the extent disallowed by applicable law.

4. Open Records. If the Customer is subject to federal or state public records laws, including laws styled as open records, freedom of information, or sunshine laws (“Open Records Laws”) the confidentiality requirements of Section 12 of the Services Agreement apply only to the extent permitted by Open Records Laws applicable to the Customer. This Section is not intended to be a waiver of any of the provisions of the applicable Open Records Laws, including, without limitation, the requirement for the Customer to provide notice and opportunity for NEOGOV to assert an exception to disclosure requirements in accordance with the applicable Open Records laws.

5. Cooperative Purchasing.

If Customer is a Government Customer, but is not a U.S. Federal Agency or subdivision thereof, NEOGOV agrees to allow any other state agency, department, political subdivision or instrumentality of the state but in all cases located in the same state as the Customer (“Related Agency”) to purchase Services under the terms of the Services Agreement, at the Related Agency’s discretion with the following requirements, exceptions and limitations: (a) a
ny purchases made by a Related Agency shall be transactions between the Related Agency and NEOGOV; for clarity, Customer shall not be responsible for any transactions between the Related Agency and NEOGOV , (b) the terms (including pricing) specified in the Order Forms entered into between NEOGOV and Customer shall not be incorporated into the transactions between the Related Agency and NEOGOV , and (c) the Related Agency will confirm in writing it has the authority to use the Services Agreement for the purchase and that the use of the Services Agreement for the purchase is not prohibited by law or procurement regulations or standards applicable to the Related Agency.
10 Item 1W - 18
Exhibit B
PowerEngage Platform Addendum
If Customer is purchasing the PowerEngage Platform pursuant to an Order Form, the following terms are hereby incorporated into the Services Agreement (“PowerEngage Addendum”). This PowerEngage Platform Addendum forms part of the Services Agreement, and in the case of any conflict or inconsistency between the terms and provisions of this PowerEngage Addendum and any other provision of the Services Agreement, the terms of this PowerEngage Addendum shall control.

1. Applicability. The provisions of this PowerEngage Addendum shall apply only if Customer has purchased the PowerEngage Platform pursuant to an Order Form.

2. CAD/RMS Assumptions. The parties agree that the fees specified with respect to the PowerEngage Platform on the applicable Order Form do not include any additional fees that the Customer’s CAD or RMS vendor may charge, if any. The Services Agreement and this Exhibit B is entered into with the mutual assumption that the PowerEngage Platform will be able to make a connection to Customer’s CAD or RMS replicated or reporting database directly or will be able to read from a file produced for such a purpose.

3. CAD/RMS Provisions. The definition of Confidential Information in Section 12 of the Services Agreement shall also include any Customer CAD and/or RMS data made available to NEOGOV in connection with the provision of the PowerEngage Platform.

4. SOW. NEOGOV agrees to provide the training, configuration and support services with respect to the PowerEngage Platform, and Customer acknowledges that its cooperation is required for efficient and timely implementation of the PowerEngage Platform, in accordance with the following:

PowerEngage Software
NEOGOV will be used to survey citizens that have interacted with Customer, send messages to citizens or other stakeholders and gather and report on data. Customer will be able to configure the surveys and rules based on data received from the Computer Aided Dispatch System. The results of the surveys will be stored within PowerEngage and available for display in a Feedback Board and within the analytics component called Measure. Other rules and messages can be built to be triggered to send on certain events as driven by the rules engine.

NEOGOV and Customer Responsibilities
The bullet points below outline when NEOGOV , Customer, or both NEOGOV and Customer have responsibility with respect to a particular deliverable.

1. NEOGOV will configure a tenant and telephone number group for the Customer

2. NEOGOV will schedule a 90-minute kickoff call with the Customer to review the objectives, timeline and mutual deliverables ● Configure Customer administrator account - NEOGOV
● Walk Customer through the survey builder - NEOGOV
● Walk Customer through the rules builder - NEOGOV
● Walk Customer through the Feedback Board- NEOGOV
● Walk Customer through Activity /Survey tools- NEOGOV
● Walk Customer through the CueHit CAD Data Agent and what is needed for the connection to CAD - NEOGOV

3. Customer will gather information needed for Surveys, Rules, Tasks and CAD/RMS Data – Customer

4. NEOGOV will coordinate a CAD/RMS Connection Workshop with Customer ● Configure PowerEngage CAD/RMS agent- NEOGOV and Customer ● Connect to Customer CAD/RMS Data – Customer
● Test data – NEOGOV and Customer

5. NEOGOV will coordinate a 2-hour Survey Workshop with Customer ● Consult on the questions to ask in a satisfaction survey (maximum of 3 to 5 questions) = NEOGOV and Customer ● Configure the questions in the survey tool = NEOGOV and Customer 11 Item 1W - 19
● Configure the acceptable responses in the survey tool = NEOGOV and Customer ● Configure additional criteria (Follow Up question only) = NEOGOV and Customer ● Send sample survey to Customer on text message = NEOGOV and Customer ● Review in Feedback Board and Activity Screens= NEOGOV and Customer

6. NEOGOV will coordinate a 2- 4 hour Rules Workshop with Customer to jointly ● Consult on the rules for surveys and automatic text notifications = NEOGOV and Customer

● Configure the rules and texts = NEOGOV and Customer
● Send example encounters to test rules = NEOGOV and Customer ● Review in Activity= NEOGOV and Customer

7. NEOGOV will coordinate a 2 Hour Task Creation and Notification Workshop with Customer to jointly:
● Configure Tasks and Task Assignments
● Identify Personnel information needed for notifications and digest emails ● Import Personnel information for receiving messages and emails from Customer provided .xls or .csv

8. NEOGOV will schedule a 2-hour Analytics Workshop with the Customer to review the ideas for the Dashboards to reflect the results of the surveys.
● NEOGOV will review standard visualizations and data in the dashboard ● NEOGOV will request from the Customer, input on the data and visualization to be presented in the Measure Tool ● Once agreed, a maximum of 1 custom visualizations will be created by NEOGOV and deployed to the Customer’s environment

9. NEOGOV will train the Customer Administrators on the use of the PowerEngage configuration tools, Measure tools and Activity logs.

Support Services
Telephone Assistance.

Customer will be given the telephone number for a support line and will be entitled to contact the support line during normal operating hours, (between 7:30am and 5:30pm Central Time) on regular business days, excluding NEOGOV holidays, to consult with NEOGOV technical support staff concerning problem resolution, bug reporting, documentation clarification, and general technical guidance. Assistance may include remote connectivity, modem, or electronic bulletin board.

Software Problem Reporting. Customer may submit requests to NEOGOV identifying potential problems in the PowerEngage software. Requests should be in writing and directed to NEOGOV by e-mail, or through the NEOGOV support website.

NEOGOV retains the right to determine in the final disposition of all requests and will inform Customer of the disposition of each request. If NEOGOV acts upon a request, it will do so by providing a bug fix.

Scheduled Maintenance.

Software may be unavailable periodically for system maintenance. Regular system maintenance includes installation of the software updates, operating system updates/patches and updates to other third-party applications as needed. Customers are notified of maintenance periods via an email message or via a banner on the main page of the PowerEngage Platform.

Exclusions from Technical Support Services:

NEOGOV shall have no support obligations with respect to any third-party hardware or software product. 12 Item 1W - 20
Exhibit C
HRIS Addendum
The following terms govern the use of the HRIS Services (the “HRIS Addendum”) as they relate to specific HRIS Services ordered by Customer in an Order Form. “HRIS Services” refers to the following SaaS Applications or any Add-Ons (defined below) or Professional Services related to such SaaS Applications: NEOGOV Core HR, NEOGOV Payroll, and NEOGOV Time and Attendance. If any provision within the HRIS Addendum directly conflicts with any other provision of the Services Agreement, the terms of this Addendum shall control.

Implementation; Add-Ons; and Configuration Limitation. Implementation of HRIS Services as detailed in the standard statement of work (“SOW”) and the mutually agreed-upon scope document (“Scope”) will proceed in accordance with the estimated implementation schedule provided by NEOGOV and as further detailed in the SOW and Scope. Implementation services not included in the SOW and Scope may be subject to additional fees. Customer acknowledges that the timeline for the implementation schedule is an estimate only and dependent on a number of variables, including but not limited to Customer’s responsiveness to NEOGOV’s requests during the implementation process and Customer’s obligation to fill out the “Implementation Workbook” to facilitate the implementation process. In the event that Customer does not order the full suite of HRIS services offered, NEOGOV may be required to generate custom feeds for Customer for an additional fee. During implementation, Customer may elect optional add-on services that supplement the SaaS Applications (the “Add-Ons”). After completion of implementation, any subsequent changes Customer requests to the configuration of the HRIS Services will be at cost.

NEOGOV
will
have no responsibility fornor any duty to review,verify, correct or otherwise perform
any
investigation
as to
the
completeness,
accuracy
or
sufficiency
of any data or information input into the HRIS system
by or on behalf of
the
Customer. Customer
is solely responsible for ensuring that all data entered into and stored in the HRIS system is accurate and complete, and for correcting any errors or discrepancies in such data.

CORE HR and Benefits – Additional Terms
The following terms shall apply to the extent that Customer orders the NEOGOV Core HR, and HRIS Services involving benefits administration (the “Benefits Module”):

1. Benefits Module Representative. Customer shall designate one or more persons who shall serve as NEOGOV’s designated contact for the Benefits Module (the “Benefits Representative”). Customer represents and warrants to NEOGOV that the Benefits Representative has, and shall at all times have, the requisite authority to transmit information, directions and instructions on behalf of Customer, each “plan administrator” defined in Section 3(16)(A) of the ERISA and Section 414(g) of the Code and, if applicable, each “fiduciary” (as defined in Section 3(21) of ERISA) of each separate employee benefit plan covered by the Benefits Module (each, a “Benefit Plan”). The Benefits Representative also shall be deemed to have authority to issue, execute, grant, or provide any approvals, requests, notices, or other communications required or permitted under the Services Agreement or requested by NEOGOV in connection with the Benefits Module.

2. Use of the Benefits Module.
a) HR Users. Customer shall authorize an administrator to input information and access certain information relating to (i) the benefits offered by Customer and (ii) Customer’s employees/plan participants and their benefit options and elections as well as view certain personal and company information regarding company employees. The Benefits Module permits Customer’s employees/plan participants to make various benefits elections and to view and update certain personal and company information. It is Customer’s responsibility to submit instructions and information relating to the Benefits Module and to verify the accuracy and completeness of all such instructions and information submitted by Customer, employees, and plan participants. b) NEOGOV Not Fiduciary Advisor. Customer acknowledges and agrees that, in making the Benefits Module available, NEOGOV is not acting as an investment advisor, broker-dealer, insurance agent, tax advisor, attorney or intermediary or a financial or benefit planner. NEOGOV is not providing any benefits, tax advice, or any information related thereto; Customer is responsible for making available all benefits and information related thereto referenced or included in the Benefits Module.
13 Item 1W - 21

c) NEOGOV’s Health Care Clearinghouse Status. Customer expressly acknowledges and agrees that NEOGOV is not a “Health Care Clearinghouse”, a “Covered Entity” or a “Business Associate” within the meaning of HIPAA, and Customer shall not request or otherwise require NEOGOV to act as such. To the extent that NEOGOV is required to enter into any additional agreement as a result of Customer’s use of the Benefits module, Customer shall be responsible for any liability incurred by NEOGOV thereunder.

3. Additional Termination Rights. NEOGOV may terminate Core HR, the Benefits Module, or this Services Agreement immediately upon written notice to the Customer upon (a) the failure of Customer to maintain its Benefit Plan(s) in compliance with ERISA or other applicable laws or regulations or (b) NEOGOV’s determination that the exercise of any of the rights granted hereunder or the continued performance by NEOGOV of its obligations under this Services Agreement would cause NEOGOV to violate any applicable international, federal, state or local law(s) and/or regulation(s).

4. ERISA. The terms of this Section only shall apply to the extent Customer uses services governed, in whole or in part, by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) a) NEOGOV’s Non-Fiduciary Status. Customer expressly acknowledges and agrees that NEOGOV is not an “Administrator”, “Plan Sponsor,” or a “Plan Administrator” as defined in Section 3(16)(A) of ERISA, and Section 414(g) of the Internal Revenue Code of 1986, as amended (the “Code”), respectively, nor is NEOGOV a “fiduciary” within the meaning of ERISA Section 3(21), and Customer shall not request or otherwise require NEOGOV to act as such. NEOGOV shall not exercise any discretionary authority or control respecting management of any of Customer’s benefit or welfare plans (“Plan” or “Plans”) or management or disposition of any of Customer’s benefit or welfare Plan assets. NEOGOV shall not render investment advice for a fee or other compensation, direct or indirect, with respect to any monies or other property of any Plan, nor does NEOGOV have any authority or responsibility to do so. NEOGOV has no discretionary authority or discretionary responsibility in the administration of the Plan(s).
b) Use of NEOGOV’S Name. Customer or the Plan Administrator must obtain the prior written consent of NEOGOV to insert any references to NEOGOV or its affiliates, or to NEOGOV Services, with respect to any communication or document pertaining to a Plan prepared by Customer, or on behalf of Customer (other than documents prepared by NEOGOV), unless the reference only identifies NEOGOV as a service provider or the reference is required in a filing or document required by ERISA or any other applicable law. Without limiting the foregoing, in no event may Customer or the Plan Administrator identify or refer to NEOGOV as “administrator”, “plan administrator”, “third-party administrator”, “plan sponsor”, “fiduciary”, “plan fiduciary” or similar title.

5. Direct to Carrier Services. Customer may elect direct to insurance carrier services (each a “Carrier Link”) at its option, each for an additional cost. Reconfiguration of existing Carrier Links, establishing new Carrier Links, and additional elections are available for an additional fee and may be completed by NEOGOV at NEOGOV’s then current rates.

Customer may access and use the NEOGOV HRIS Services to electronically transmit employee data, including employee benefits enrollment data, to Customer’s carriers or other third parties authorized by Customer. NEOGOV’s ability to transmit data is subject to the provision of a current functional interface between HRIS Services and the carriers’ systems. NEOGOV will not be obligated to transmit Customer’s data to carriers if at any time Customer’s carriers fail to provide the proper interface as solely determined by NEOGOV . If Customer requires development of any special or customized interfaces to transmit such data, all work performed by NEOGOV to create such interfaces will be at NEOGOV’s then current fees for such services. NEOGOV makes no warranty that each carrier’s specifications will conform with NEOGOV’s current functional interfaces. In the event a carrier provides formats or specifications not supported by the NEOGOV HRIS Services, Customer will be solely responsible for transmitting the data to such carrier using an alternative system to be determined solely by Customer. Customer shall be responsible for promptly reviewing all records of transmissions to carriers and other reports prepared by NEOGOV for validity and accuracy according to Customer’s records, and Customer will notify NEOGOV of any discrepancies promptly after receipt thereof.

Payroll Services – Additional Terms
The following terms shall apply to the extent that Customer orders the NEOGOV Payroll Services module:

1. Payroll Processing and Tax Filing. NEOGOV will deliver (i) payroll administrative services to Customer through NEOGOV’s payroll software as a service (the “Payroll Module”), (ii) at Customer’s election, direct deposit administration to those employees electing such service via ACH processing (collectively referred to as the “Payroll Services”), remit payroll taxes on Customer’s behalf to those federal, state, and local taxing jurisdictions designated by 14 Item 1W - 22
Customer, and file related tax returns (such remitting of payroll taxes and filing of related tax returns, the “Tax Services”). At NEOGOV’s then current fees, NEOGOV may also process calendar year-end W-2 forms for Customer’s employees and Forms 1099-MISC. NEOGOV will, and Customer hereby authorizes NEOGOV and Fulfillment Partners to, initiate debits or reverse wire transfers prior to each paydate for Customer’s payroll (“Paydate”) and credit the bank accounts of Customer’s employees and others to be paid by Customer by direct deposit payment on Paydate (a “Payee”), all in compliance with the operating rules of the National Automated Clearing House Association and the terms and conditions hereof. For purpose of clarity, the parties understand and agree that NEOGOV does not print and/or send paychecks for or on behalf of Customer.

2. Documentation and Required Information.
a) Authorization Forms; Proof of Name. Customer will be required to complete and submit the following documents in order to use the payroll processing components of Payroll Module: (i) power of attorney forms for each jurisdiction in which Customer will use the HRIS Services (the “POA”), (ii) Authorization to Debit/Credit Bank Account(s)/Obtain Bank Account Information (the “Authorization Form”), (iii) an IRS proof of legal name/FEIN and (iv) any authorization form for Fulfillment Partner authorizing debiting and crediting Customer’s bank account. b) Proof of Existence. Customer will provide NEOGOV , and authorize NEOGOV to provide to Fulfillment Partner, Customer’s (i) legal name, and “doing business as” name if applicable, (ii) physical street address (not a PO Box or PMB), (iii) phone number, (iv) Primary Business Activity (Nature of Business), (v) Duns Number (if one exists), (vi) Tax ID Number, (vii) estimated transaction count and dollar volume, (viii) number of employees, and (ix) supporting evidence via (A) either certified Articles of Incorporation, IRS EIN Letter, unexpired government issued business license, trust instrument or other government-issued evidence showing legal existence, and (B) either a voided business check, copy of utility bill, other evidence of legal name, physical address, DBA Name, or Tax ID. c) Permitted Disclosure Authorization. Customer hereby authorizes NEOGOV to (i) provide Customer’s data to Fulfillment Partner for the purposes of performing the Payroll and Tax Services, and (ii) take such action as is necessary to perform the Payroll and Tax Services.
d) Time and Attendance Information. Prior to commencement of Time and Attendance Services, Customer shall provide to NEOGOV all necessary information and guidance relating to its time and attendance policies and guidelines and coordinate with NEOGOV to establish standards for NEOGOV in its execution of the Time and Attendance Services. Customer agrees to promptly comply with NEOGOV’s request for such additional documentation and understands that Payroll or Tax Services may be impaired or delayed if Customer does not comply with such request.

3. Customer Obligations, Representations, and Warranties. Customer acknowledges that NEOGOV's obligation to perform the HRIS Services is subject to Customer’s obligations, representations, and warranties. Customer represents and warrants the following:
a) Processing Authorization. Customer authorizes NEOGOV to process payroll entries on behalf of Customer.

Customer acknowledges that NEOGOV is acting solely in the capacity of data processing agent and is not a source of funds for Customer. Customer shall be liable for each payroll related transaction initiated by NEOGOV on behalf of Customer, whether by electronic entry or wire transfer. NEOGOV , or its Fulfillment Partners, electronically transmit employee data, including employee payroll data, to designated third parties, and Customer authorizes NEOGOV and its Fulfillment Partners, to provide such transmission on Customer’s behalf. Customer agrees that NEOGOV maintains specific Fulfillment Partner(s) for NEOGOV Payroll and Tax Services fulfillment during the term of and in accordance with this Services Agreement and that Customer shall not, directly or indirectly, supplement, substitute, or otherwise modify the provision of such Payroll and Tax Services without terminating this Services Agreement.
b) Information Accuracy; Reliance; Change Notice. Customer shall input, maintain, and verify the accuracy of any and all information, including payroll and tax information, and Customer shall continually ensure that such information is kept complete, accurate, delivered on time, and up to date at all times. Customer acknowledges that NEOGOV and NEOGOV Fulfillment Partners will rely on the accuracy of this information as it performs its requested functions. NEOGOV shall not be responsible for any delays or inaccuracies in Customer’s delivery of data to NEOGOV . Customer will notify NEOGOV immediately of any change in the processing information, including the Authorization Form. Customer will also obtain a voluntary written authorization from any Payee prior to the initiation of the first credit to the account of such Payee and shall provide upon demand a copy of such written authorization to NEOGOV .
15 Item 1W - 23
c) Processing Deadlines. Unless otherwise agreed to by the Parties, Customer will: (a) complete and execute all required documentation so that NEOGOV or Fulfillment Partner may withdraw funds from Customer’s account to process direct deposit payrolls, (b) input or report all relevant payroll data for ACH transmissions to NEOGOV no later than 2:00 p.m. Pacific Standard Time (PST) three (3) banking days prior to each Paydate, (c) input or report all other relevant payroll data to NEOGOV no later than 2:00 p.m. Pacific Standard Time (PST) two banking days prior to each Paydate, (d) have available in Customer’s bank account good, collectable funds in a sufficient amount to cover funding disbursements, checks, direct deposits, tax payments, or recurring payments to third parties no later than the opening of business (i) two banking days prior to each Paydate for debits by electronic entry, and (ii) two banking days prior to each Paydate for funding by wire transfer, and (e) compare all reports on credits or debits initiated by Customer to NEOGOV’s records and promptly notify NEOGOV of any discrepancies. In the event Customer does not meet the deadlines specified herein, NEOGOV shall make reasonable efforts to complete processing prior to the Paydate; however, NEOGOV makes no representation or warranty that payroll will process by the Paydate where Customer fails to provide all required documentation by the deadline. Additional Fees may apply for expedited processing.
d) Customer Review. Within seven (7) business days after receipt from NEOGOV , Customer will promptly conduct a detailed review of all payroll and tax registers produced by NEOGOV or Fulfillment Partners for accuracy, validity and conformity with Customer’s records. Customer will promptly notify NEOGOV of any error or omission discovered by Customer in any payroll registers, disbursement records, payroll or tax reports and documents produced by NEOGOV or Fulfillment Partners, or any discrepancy between the information provided by NEOGOV or Fulfillment Partners, and Customer’s records. Customer will not rely on any record, report or document containing any discovered error, omission or discrepancy until such error, omission or discrepancy, has been corrected. Customer will be responsible for any consequences resulting from instructions Customer may give to NEOGOV or Fulfillment Partners with regard to HRIS Services or any payroll registers, disbursement records, reports and documents prepared by NEOGOV based on information provided by Customer. e) Document Retention. Customer will retain copies of all information entered into or generated by the HRIS Services and Customer shall be solely responsible for maintaining such data, and all tax records, in accordance with any legal obligations.
f) Special Processing. Customer understands and acknowledges that administering processing dates beyond standard payroll dates, and correcting, amending, or cancelling payroll entries or mistaken reversals (collectively “Special Processing”), are complicated, highly manual, and may result in additional expenses, tax consequences, and penalties. Therefore, Special Processing may be subject to additional NEOGOV Fees. g) Recovery Cooperation. Customer agrees to undertake reasonable efforts to cooperate with NEOGOV and any other parties involved in processing any transactions hereunder to recover funds credited to any employee as a result of an error made by Customer, NEOGOV , or Fulfillment Partners, or any other loss recovery efforts and in connection with any actions that the relevant party NEOGOV may be obligated to defend or elects to pursue against any third-party.
h) Compliance with Laws. Customer acknowledges that, in order to put into effect the Payroll Services which include ACH transactions, Customer will be the Originator of the ACH transactions and will follow and be bound by the rules for ACH Originators as adopted from time to time by the NACHA. Customer agrees that it has assumed the responsibilities of an Originator under the ACH Rules and acknowledges that entries may not be initiated in violation of the laws of the United States. Customer agrees to be compliant with laws. Customer will comply with all laws including, but not limited to, the U.S. Patriot Act, the Unlawful Internet Gambling Enforcement Act, the Bank Secrecy Act, and Anti Money Laundering laws.

4. Effect of Failed Funds. If Customer fails to pay the taxes, direct deposits, employee payments or other charges, including fees, then Customer agrees to pay NEOGOV for all costs of collection, including reasonable attorney fees, which may be associated with collection of the amounts due. NEOGOV also may, at its sole option, terminate this Services Agreement and withhold or suspend any work in progress. This is in addition to any other rights NEOGOV may have under this contract or under law. NEOGOV also reserves the rights to reverse employee transactions and /or tax payments for which funds have not been received from Customer.

5. Rejection of Entries. NEOGOV shall reject any file or entry that does not comply with the requirements of this Services Agreement, the NACHA Rules, or uses an improper SEC Code, or if NEOGOV suspects fraud or illegal or improper activity. NEOGOV shall have no liability.
16 Item 1W - 24

6. Resolution of Error Exceptions. For the purposes of this Section, the term “error exception(s)” shall mean any data requirements within the HRIS Services that, based on Customer’s configuration, have been assigned a severity level designation of “error”; such designation shall create a requirement for an operational task to be completed by Customer in order to proceed with Customer’s processing, including processing of Customer payroll for the designated period.

Failure to resolve an error exception will prevent Customer’s payroll from being processed as scheduled. NEOGOV is not obligated to clear any such error on behalf of Customer.

7. NEOGOV Errors and Omissions Warranty. NEOGOV warrants it will use commercially reasonable efforts to properly transmit the appropriate reports, data, or filings based on the information provided in Customer’s HRIS Services. In addition, NEOGOV will use commercially reasonable efforts to rectify any Customer report, data, or filing error, including any deposit, corrected or reversal debit or credit entry, for which NEOGOV is solely responsible; provided that, in each case Customer advises NEOGOV no later than ten (10) business days after the occurrence of such errors or omissions. This is Customer’s sole remedy in the event of a breach of the foregoing warranty. Notwithstanding the foregoing, Customer will be solely responsible for payment of all tax penalties, interest, and additional NEOGOV fees if: (i) the penalty is the result of incorrect, inaccurate, or incomplete information Customer provides to NEOGOV , (ii) Customer has insufficient funds in Customer’s designated bank account to process HRIS Services, or (iii) a party other than NEOGOV , or a NEOGOV Fulfillment Partner, fails to perform services in a timely manner.

8. Additional Liability and Warranty Limitations. NEOGOV , ITS PROVIDERS, AND FULFILLMENT PARTNERS, AND

THE OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS OF EACH WILL NOT BE LIABLE UNDER ANY

CIRCUMSTANCES OR UNDER ANY THEORY OF RECOVERY (WHETHER IN CONTRACT OR TORT OR OTHERWISE) FOR (i) ANY FEES, COSTS, CHARGES, OR ANY DAMAGES CAUSED BY LOST SHIPMENT OR

TRANSMISSION OF CHECKS OR ANY FORM OF DISBURSEMENT INCLUDING, BUT NOT LIMITED TO,

STOP PAYMENT FEES, REPRINTING OR RETRANSMISSION COSTS, SHIPPING CHARGES, OR CONSEQUENTIAL EXPENSES AND DAMAGE, (ii) ANY CHARGES, FEES, OR EXPENSES INCURRED BY CUSTOMER, CUSTOMER’S AGENTS, OR EMPLOYEES WHICH ARE DUE TO LATE PAYCHECKS,

REGARDLESS OF WHETHER SUCH PAYCHECKS ARE TO BE PREPARED AND DELIVERED BY NEOGOV , FULFILLMENT PARTNERS, OR BY CUSTOMER, (iii) NON‐PERFORMANCE OF HRIS SERVICES WHICH

HA VE BEEN SUSPENDED DUE TO FAILURE OR DELAY IN PAYMENT OF FEES OWED UNDER THIS

SERVICES AGREEMENT, AND (IV) FOR ANY DAMAGES TO CUSTOMER ARISING FROM OR IN

CONNECTION WITH A DECISION BY NEOGOV TO SUBMIT FILES FOR PROCESSING AFTER CUSTOMER HAS FAILED TO CLEAR OUTSTANDING ERROR EXCEPTIONS WITHIN THE SPECIFIED DEADLINE.

9. Additional Termination Rights.
a) Termination for Default. Customer’s breach of the NACHA Rules, violation of any applicable federal or state regulation, or failure to maintain account funding as required by this Services Agreement (and as a result any debit to Customer’s account is returned), shall each constitute a default. Upon default, NEOGOV may suspend the HRIS Services or terminate this Services Agreement in a manner that permits NEOGOV to comply with the NACHA Rules. Termination is effective immediately upon written notice of such termination to Customer. The right to suspend the HRIS Services and/or terminate this Services Agreement is in addition to any other rights and remedies provided under this Services Agreement or otherwise under law. b) Effect of Termination. No termination of this Services Agreement shall release Customer from any obligation to pay NEOGOV any amount that has accrued or becomes payable at or prior to the date of termination. No suspension of HRIS Services shall release Customer from any obligation to pay NEOGOV any amounts due under this Services Agreement. Customer shall not be entitled to any refund of any amounts paid to NEOGOV as a result of a termination based on Customer’s default. Notwithstanding the termination of this Services Agreement, the parties shall continue to comply with the NACHA Rules with respect to transmissions pursuant to this Services Agreement.
17 Item 1W - 25
Exhibit D
Integration Terms Addendum
NEOGOV offers integrations and platform APIs for integrations to third party systems (“Integration Services”). Customer may use only those Integration Services purchased or subscribed to as listed within the NEOGOV Order Form. The following terms (the “Integration Terms Addendum”) shall apply to the extent that Customer utilizes a system integration between the Services and either: (a) an affiliated integrated service, including those found at https://api.neogov.com/connect/marketplace.html and/or https://apidocs.powerdms.com (“Affiliated API”) or to the extent that Customer utilizes a system integration between the Services and an unaffiliated third-party service (“Customer Application”) integrated using NEOGOV’s open API (“Open API”). Integration Services are not available for HRIS Services and this Exhibit D shall not apply to HRIS Services.

1. Provision of Integrations. Subject to and conditioned on compliance with all terms and conditions set forth in this Agreement, NEOGOV hereby grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the applicable Term to use and/or access the Affiliated API as described in this Agreement, or the Open API for communication between Customer’s human resource related third application(s) that will interoperate with NEOGOV Services (collectively these uses shall be referred to as the “API” or “Integration”).

Customer acknowledges there are no implied licenses granted under this Agreement. NEOGOV reserves all rights that are not expressly granted. Customer may not use the API for any other purpose without our prior written consent.

Customer may not share the API with any third party, must keep the API and all log-in information secure, and must use the API key as Customer sole means of accessing the API.

2. Integration Intellectual Property. All right, title, and interest in the API and any and all information, data, documents, materials, inventions, technologies, know-how, descriptions, requirements, plans, reports, works, intellectual property, software, hardware, systems, methods, processes, and inventions, customizations, enhancements, improvements and other modifications based on or derived from the API are and will remain, as appropriate, with NEOGOV . All right, title, and interest in and to the third-party materials, including all intellectual property rights therein, are and will remain with their respective third-party rights holders subject to the terms and conditions of the applicable third-party license agreements. Customer has no right or license with respect to any third-party materials except as expressly licensed under such third-party license agreements.

3. Integration Terms of Use. Except as expressly authorized under this Agreement, you may not remove any proprietary notices from the API; use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; combine or integrate the API with any software, technology, services, or materials not authorized by NEOGOV; design or permit Customer Application(s) to disable, override, or otherwise interfere with any NEOGOV-implemented communications to end users, consent screens, user settings, alerts, warning, or the like; use the API in any of Customer Application(s) to replicate or attempt to replace the user experience of the Services; or attempt to cloak or conceal Customer identity or the identity of Customer Application(s) when requesting authorization to use the API.

4. Customer Integration Responsibilities. Customer, Customer developed web or other software services or applications, and Customer third-party vendors that integrate with the API (collectively the “Customer Applications”), shall comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted on https://api.neogov.com/connect/index.html and/or https://apidocs.powerdms.com from time to time. In addition, Customer will not use the API in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email (“spam”), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities.

5. Cooperation. If applicable, Customer shall timely provide such cooperation, assistance, and information as NEOGOV reasonably requests to enable the API. NEOGOV is not responsible or liable for any late delivery or delay or failure of performance caused in whole or in part by Customer’s delay in performing, or failure to perform, any of its obligations under this Agreement. NEOGOV will provide Customer maintenance and support services for API issues arising from the information technology designed, developed, and under then current control of NEOGOV . NEOGOV shall have no obligation to provide maintenance or support for issues arising from the inaction or action of Customer or third parties of which are outside NEOGOV control.

6. Provision of Open API. In the event license fees or other payments are not due in exchange for the right to use and 18 Item 1W - 26

access the Open API, you acknowledge and agree that this arrangement is made in consideration of the mutual covenants set forth in this Agreement, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein. Notwithstanding the foregoing, NEOGOV reserves the right to change for access with effect from the start of each Renewal Term by giving Customer at least ninety (90) day notice prior to commencement of a Renewal Term.

7. API Key. In order to use and access the Open API, you must obtain an Open API key through the registration process.

Customer agrees to monitor Customer Applications for any activity that violates applicable laws, rules and regulation, or any terms and conditions of this Agreement, including any fraudulent, inappropriate, or potentially harmful behavior. This Agreement does not entitle Customer to any support for the Open API. You acknowledge that NEOGOV may update or modify the Open API from time to time and at our sole discretion and may require you to obtain and use the most recent version(s). You are required to make any such changes to Customer Applications that are required for integration as a result of such Update at Customer sole cost and expense. Updates may adversely affect how Customer Applications communicate with the Services.

8. Efficient Processing. You must use efficient programming, which will not cause an overwhelming number of requests to be made in too short a period of time, as-determined solely by NEOGOV . If this occurs, NEOGOV reserves the right to throttle your API connections, or suspend or terminate your access to the Open API. NEOGOV shall use reasonable efforts to provide Customer notice and reasonable time to cure prior to taking such actions.

9. Open API Limitations. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT

WILL NEOGOV BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT,

NEGLIGENCE, STRICT LIABILITY , OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, LOST

PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF

BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE OPEN API; OR ANY DAMAGES, IN THE

AGGREGATE, IN EXCESS OF FIFTY DOLLARS, EVEN IF NEOGOV HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR NEOGOV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM

YOU MAY HA VE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM.

10. Open API Termination. Notwithstanding the additional Termination rights herein, NEOGOV may immediately terminate or suspend Customer access to Open APIs in our sole discretion at any time and for any reason, with or without notice or cause. In addition, your Open API subscription will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. 19 Item 1W - 27

NEOGOV ORDER FORM
NEOGOV:

Governmentjobs.com, Inc. (dba “NEOGOV”)
300 Continental Blvd., Suite 565
El Segundo, CA 90245
[email protected]
Customer Name & Address:

Palm Springs, City of (CA)
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
USA
Quote Creation Date: 07/08/2022 Contact
Name:

Larry Klingaman
Quote Expiration Date: 30 days from Quote Creation Contact Email: Larry.Klingaman@palmspringsca. gov
Payment Terms Annual. Net 30 from NEOGOV invoice. FTE:

Fee Summary
Service Description Term Term Fees
eForms Subscription 07/01/2022 - 06/30/2023 $9,770.20
Perform Subscription (PE) 07/01/2022 - 06/30/2023 $15,840.00 Onboard Subscription (ON) 07/01/2022 - 06/30/2023 $8,295.10 HRIS Suite Subscription 07/01/2022 - 06/30/2023 $51,135.00 Insight Subscription (IN) 07/01/2022 - 06/30/2023 $9,230.76 Learn Subscription (LE) 07/01/2022 - 06/30/2023 $6,600.00 Governmentjobs.com Subscription 07/01/2022 - 06/30/2023 $1,692.60 Total: $102,563.66
A. Terms and Conditions

1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed hereto or the version most recently published prior to execution of this Ordering Form available athttps://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement.

2. Effectiveness & Modification. Neither Customer nor NEOGOV will be bound by this Ordering Document until it has been signed by its authorized representative (the “Effective Date”). Unless otherwise stated, all SaaS Subscriptions shall commence on the Effective Date. This Order Form may not be modified or amended except through a written instrument signed by the parties.

3. Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order shall be non-cancelable and the sums paid nonrefundable, except as provided in the Agreement.

4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications.

B. Special Conditions (if any).
1 Item 1W - 28

IN WITNESS WHEREOF, the parties have caused this Order to be executed by their respective duly authorized officers as of the date set forth below, and consent to the Agreement.

Customer Governmentjobs.com, Inc. (DBA “NEOGOV”)
Entity Name:

Signature: Signature:

Print Name: Print Name:

Date: Date:
2 Alex Chun
CFO
Item 1W - 29

CITY COUNCIL STAFF REPORT
07/28/2022 3. A.

City Clerk -

SUBJECT

PALM SPRINGS NAVIGATION CENTER UPDATE
RECOMMENDATION:

Receive and file update.

Attachments
Item 3A

CITY COUNCIL STAFF REPORT

DATE: JULY 28, 2022 BUSINESS & LEGISLATIVE

SUBJECT: PALM SPRINGS NAVIGATION CENTER UPDATE

FROM: Justin Clifton, City Manager

BY: Community & Economic Development Department

SUMMARY:

This report provides an update on development of the Palm Springs Navigation Center.

RECOMMENDATION:

Receive and file update.

BACKGROUND:

The City has been addressing homelessness for more than a decade. Programs sponsored by the City include: 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 the Coachella Valley Association of Governments Housing First program.

In January 2020, the City worked with Barbara Poppe and Associates to prepare goals regarding homelessness and for the use of the $10 million Homeless Housing Assistance and Prevention (HHAP) grant. The report by Barbara Poppe and Associates emphasized creating more housing with the top goal being “New permanent supportive housing, bridge housing, crisis stabilization housing, innovative low -cost models that can be deployed quickly – to provide individuals with a place of their own, an address to provide when seeking employment, and a sense of dignity.”
While these programs have had many successes in helping individuals exit homelessness and has set the stage for several new affordable housing projects in the City such as Vista Sunrise II, Monarch Apartments, and Aloe Palm Canyon, there is still an urgent need to establish services where individuals can receive immediate shelter, interim housing, and supportive services. The Navigation Center would meet that need Item 3A - 1
City Council Staff Report
July 28, 2022 -- Page 2
Navigation Center Update

by providing immediate interim housing and services that connect s individuals to permanent housing. Navigation Center staff will focus on achieving the permanent housing goal while simultaneously addressing immediate needs – like housing, employment, healthcare, or 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.

In January 2022, the City approved an Acquisition and Funding Agreement with the County of Riverside to acquire 3589 McCarthy Road. Under this Agreement, the County will provide $7.0 Million from the County’s American Rescue Plan Act (ARPA) funding.

Of that amount, $5.74 Million has already been used for the acquisition of the property, and $1.26 Million is to be used for capital. The City will contribute $5.3 Million of the City’s Housing Homelessness Assistance Program (HHAP) funding from the State of California.

This funding will be used to provide supportive services, operation, and maintenance at the McCarthy Road site.

The City approved a Contract Services Agreement with Martha’s Village and Kitchen to assist with the Navigation Center planning, design, and development. Martha’s will also operate and manage the Navigation Center and provide wrap-around services. Martha’s has utilized a “Housing First” approach in providing the Coachella Valley with homeless housing and wrap-around services since its inception in 2001 and will continue to use this model in Palm Springs. Martha’s also has over two decades of experience operating a commercial kitchen in accordance with the United States Department of Agriculture (USDA).

STAFF ANALYSIS:

The City applied for Project HomeKey2 funding, requesting approximately $19 Million, which should cover the costs for property acquisition, new construction/installation, rehabilitation work, architecture and engineering costs, and a portion of the operating subsidy.

Scope of Work

Project Architect John Friedman Alice Kim (JF-AK) was approved by City Council on June 16, 2022. JF-AK is currently reviewing the design criteria from the State; has participated in planning meetings with the City, Martha’s Village and Kitchen, and LeSar Development Consultants; has reviewed concerns and issues raised at the community meetings (safety and security, amenities, potentially disruptive individuals, trash and waste, and loitering); and they have toured the site.

A request for proposal will be issued to hire a Construction Manager at Risk (CMAR Contractor) to have them start by September. The CMAR will be responsible for build out of the project with a guaranteed maximum price. If the project exceeds the limit, the Item 3A - 2
City Council Staff Report
July 28, 2022 -- Page 3
Navigation Center Update

construction manager will be financially liable for any additional costs. The CMAR will provide input on costs of the proposed building design, solicit bids from subcontractors, and manage subcontractors. The advantage of the CMAR approach is that the construction manager is involved with estimating the cost of constructing a project, and making changes, in coordination with the architect and City, which will help expedite the design and construction process.

The preliminary scope of work for the project is as follows:

• Building A

o Development of flexible office spaces for social services, behavioral health, and workforce development services, including individual meeting rooms and a lobby area.
o Development of group meeting and conference room space. o Development of workforce development/training rooms, including a computer room.
o Development of designated staff space and storage.

• Building B

o Development of flexible office spaces for potential use as medical/dental clinic.
o Reconfiguration of building to include a commercial kitchen w ith dry and cold storage.
o Creation of dining space for interim housing clients. o Development of kitchen administration space.
o Development of security space.
o Development of mail room and other residential space.

• Site Work

o Development of 80 interim housin g units utilizing modular structures to include kitchenettes and restroom facilities.
o The above 80 units will include at least 5 family units and dedication of 10 units to TAY (transitional age youth).
o Child Play Area
o General Parking
o Green Space
o Hardscape and Landscape

JF-AK will also be asked to provide conceptual design for Building C. However, as HomeKey2 funds cannot be used for Building C, this work will have to be funded with other City or County funds (such as General Funds and ARPA funds). Given the schedule and budget constraints, work on Building C may not begin until after the design for Item 3A - 3
City Council Staff Report
July 28, 2022 -- Page 4
Navigation Center Update

Building A, Building B, and Site Work are complete and there are assurances that all costs, including potential cost overruns, are sufficiently funded by the HomeKey2 funds, plus any necessary City and County funds.

An aerial view of the facility is provided in Attachment A.

Project Schedule

It is important to note the State’s requirements for expenditure of the HomeKey2 funds and completion of Navigation Center. According to Section 204, Program Deadlines, of the HomeKey2 Notice of Funding Availability (NOFA):

• Capital funds must be expended within eight months of the date of award.

• Grantees shall complete all applicable construction and/or Rehabilitation within 12 months of the date of award.

• All Projects shall achieve a full occupancy (fully occupied with consideration for an average of 10% vacancy rate at any given time) within 90 days of construction and/or Rehabilitation completion.

These requirements dictate that the City be extremely efficient with time management developing this project. It also means that the City will need to be thoughtful about balancing the desire to be thorough and participatory with the need to make continuous progress without delay. This schedule is ambitious even if there are no check-points that delay progress. It is essential that no phases of this project are delayed waiting for scheduled meetings or approvals. This will require mostly receiving input ear ly, getting design right the first time and avoiding design changes, delegating the vast majority to decisions to the staff and consultant team and planning check points with Council carefully. It may also require scheduling special meetings to ensure progress is not delayed because of the infrequent scheduling of regular Council meetings.

The draft schedule below as submitted by RF-AK is exactly 52 weeks. The first schematic design is anticipated within three weeks after receiving notice of funding award.

Item 3A - 4
City Council Staff Report
July 28, 2022 -- Page 5
Navigation Center Update

Item 3A - 5
Propo,sed Schedule
Phas:e Duration in Weeks - Total: 5::i: Weeks plus aclclition 4 weeki5! for Proj-t Closeout Schematic 0-ign
o-ign o- opment
Con&tructio Documents
P11rmitting
Biel n-g
Construct" on
Moclul Buildings
F riccition and Install
Schematic
Desi ,
Phase(3wks:)
•· Manage project
and coordinate
w ith City and
su bc:onsu Ito nt
team
•· Provide schedule
•· Provide
to pog ra ph ic:
surv ey
•· U tili ty reseorc h
•· Lead o n-site kick
off meeting w ith
su bco nsu Ito nt
team and City
•· Pre pa re schemati c
d esign ixick age
•· Coo rdin ate a ll
sub- consu ltan ts
•· Att end meetings
a s necessary
De veral:il11s
•· Schematic Des ig n
Packa ge
•· Cost Estimate
Design
Development
Pha .It CS wk:s)
•· Pre ixi re design
deve lo pme nt
ixi cka g es
Coo rdinat e a ll
sub- c onsultants
•· A ttend meetings
as necessary
Deliverables
•· Design
De.relo pment
Package
•· Cost Estimate
Construction
Documents (12 wb)
/ Permitting PhaH
(tow uks)
•· Prepare 50%
and1O0%CO
packa ges
S ubmit 50% CO
packa ge for initi a l
bui ld ing permi t
intake
•· Make c.o rrecti o ns
and rev is io ns
based on perm it
co mments
•· S ubmit 100% CD
packa ge for final
perm it app rova I
•· Pre par·e draft
tee hni ca I specs at
SO%
•· Prepar e final
tee hni ca I specs at
100%. Re.1iew CD
packa ge and c ost
estim ate w ith City
DelNl!Nll:il-
., Constru c tio n
Documents Set
•· Pe rmit Su bmi tta I
Schttdul& Not&
•· Overlaps w ith
permitting a nd
Bid Phase
Biel ng
Phase (4 wk:s)
in :, I !cit
•· Provide bid
ad denda and
clarifi catio ns in
res ponse to bidder
quest ion s
., Atte nd pre-b id
conferen ce
•· Supp o rt City- w ith
bid eva lua tions as
necessa ry
•· Make des ig n
modifi c at ion s
to redu c e
cons tru ctio n cost
D.eliverablM
•· Sup po rt City
bidding process
., Help Select
Contra ctor
Sc:hecfule Now
•· °'1e rlaps w ith
pe rmitting
11 It HI
Construction
Observation
Phase(::i:8wh)
•· Manage p roj ect;
c oo rdi note w ith
C ity and team
•· Rell'iew submittals
and mock- ups
• Resp ond to RFls
•· Review p roposed
substitutio ns.
a ltern ates and
change o rders
• Attend pre-c o n
c onferenc e
• Attend bi-wee kly
c onstructio n mtgs
• Obs erve
c onstructi on ( bi
wee kly v isits ) for
c onsis ten cy w ith
des ign intent per
C Ds
• Attend substantial
c om pletio n w alk
th rough
•· Rell'iew co ntra cto r
pun ch list
• Attend final
compl etio n w alk
th rough
•· Review
c ontra c.to r's as-
built d raw ing s
• Prepare rec ord
d oc s based o n
c ontra c.to r a s- bui It
draw ings
City Council Staff Report
July 28, 2022 -- Page 6
Navigation Center Update

Services

In addition to the development of 80 residential units and rehabilitation of Buildings A and B, the project services will include:

• Case Management
• Behavioral Health Services
• Physical Health Services
• Assistance obtaining benefits and essential documentation • Education and Employment Services
o Computer Training
o Job Training
• Housing Retention Skills
• Clothing Vouchers
• Legal Assistance
• Family Connection Services
• Recuperative Care
• Transportation
• 24-hour security

These services were incorporated in the Homekey 2 application and will be included either onsite or on a referral basis for Navigation Center clients. Staff will continue working with the community to identify services for the broader community at the Navi gation Center along with the requisite funding for those services.

Community Outreach

Several community meetings have already been held. This includes in-person meetings on March 3, 2022, and March 17, 2022; and virtually on April 11, 2022. Meetings wer e also held with neighborhood and business groups such as Upper West Side, Mountain Gate, Local Businesses , Hospitality, Non-profit Organizations , Healthcare, and Community Leaders.

Information from residents has also been collected using a community survey, and a lived experience survey from those who’ve experienced homelessness. The City’s website also provides Frequently Asked Questions, an overview of the Navigation Center, and an on- line presentation.

Furthermore, the Resident Advisory Working Group (RAWG) has been established to provide ongoing feedback and concerns regarding the operation of the Navigation Center and is scheduled to have its first meeting on August 16, 2022.

Item 3A - 6
City Council Staff Report
July 28, 2022 -- Page 7
Navigation Center Update

ALIGNMENT WITH STRATEGIC PLANNING:

The first major task in the Strategic Plan for Quality of Life (1A) with the key objective to improve homelessness is to build a 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 ac hieving the permanent housing goal while simultaneously addressing immediate needs like shelter, short-term housing, employment, healthcare, or 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:

There is no fiscal impact associated with receiving this update.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Teresa Gallavan
City Manager: Justin Clifton

ATTACHMENT:

A. Aerial Map of Project Site
Item 3A - 7

ATTACHMENT A

Aerial Map of Project Site

Item 3A - 8
3589 McCarthy Road
Lot Size: 3.64 Acres
Zone: PD
General Plan: MU
C
25,800
W. San Rafael Rd.

W. Las Vegas Rd.

McCarthy Road
N. Eastgate Rd.

W. Gateway Dr.

Location
A
12,980
B
7,980
W. Radio Rd.

W. Avenida Cerca
Item 3A - 9

CITY COUNCIL STAFF REPORT
07/28/2022 3. B.

City Clerk -

SUBJECT

REQUEST FOR FUNDING SUPPORT FOR GUARANTEED INCOME PILOT

PROGRAM
RECOMMENDATION:

Direct Staff as appropriate.

Attachments
Item 3B

CITY COUNCIL STAFF REPORT

DATE: JULY 28, 2022 BUSINESS & LEGISLATIVE

SUBJECT: REQUEST FOR FUNDING SUPPORT FOR GUARANTEED INCOME

PILOT PROGRAM

FROM: Justin Clifton, City Manager

SUMMARY:

This agenda item is to advance a request to City Council from Queer Works and DAP Health to fund a Guaranteed Income Pilot Program (also referred to as a Universal Basic Income Pilot Program).

RECOMMENDATION:

Direct Staff as appropriate.

BACKGROUND:

City Council, at its March 24, 2022, meeting, approved a $200,000 contribution to Queer Works and DAP Health for the application and design phase of a Guaranteed Income Pilot Program. The funds were designated, among other things, to help Queer Works and DAP Health prepare a request for State funding as part of a $35,000,000 State budget allocation to support such pilot programs. This follow up request for $500,000 would provide matching funds for a state grant; or, in the event grant funds are not awarded, would be used to help fund a smaller program without State funding assistance.

DAP Health and Queer Works have made numerous program changes as they have evaluated program design and anticipated State funding criteria. The original program design contemplated a $1,000,000 request from the City as a 50% match to S tate funds to serve 40 participants. Of the 40 participants, 20 would receive monthly income stipends of between $600-$900 and support services while the remainder would comprise a control group that might receive services but no stipend. The original program design contemplated eligibility criteria focused on trans and non- binary residents of very low income.

Item 3B - 1
City Council Staff Report
July 28, 2022 -- Page 2
Request for Funding Support for Guaranteed Income Pilot Program The program design has been revised to include a $500,000 request in City funds, which would be matched with $500,000 in local philanthropy. The combined $1,000,000 in local funds would then be pledged as match to a grant request for $2,000,000 in state funding.

The program is now targeting 180 participants to receive monthly stipends of $800 for a period of 18 months. The program continues to target individuals with very low incomes, ranging from $0 – approximately $16,600 per year. The program will also continue to target trans and non -binary residents but will not be exclusive to those groups.

Participants of the program will receive additional support services including medical care, mental healthcare, wellness, and transportation.

The proposal includes a $3,000,000 budget whereby $2,592,000 (86%) is pledged directly to income payments. The budget also includes $318,000 for staffing costs, $86,000 for research and evaluation services , and $4,000 for participant engagement related services. Lastly, the proposal includes $1,618,049 in pro bono services beyond the scope of the $3,000,000 budget. Additional details of the program design and budget can be found in the DAP Health and Queer Works Proposal included as Attachment A.

In addition to the progress made revising the program design and budget, DAP Health and Queer Works have also identified partners that will help administer the program.

Program management and health and social services will be provided by DAP Health and Queer Works. Income verification and fund distribution will be provided by Steady, a financial technology organization with experience with guaranteed income programs.

Research and evaluation of the program will be provided by Center for Guaranteed Income out of the University of Pennsylvania. Mayors for a Guaranteed Income will assist as subject matter experts. The proposal also identifies a number of state and local supporters. A more detailed outline is provided on the Project Support provided as Attachment B.

Lastly, Queer Works and DAP Health have provided additional details outlining information on universal basic incomes and expected outcomes, included as Attachment C.

For reference, the staff report for the March 24, 2022, meeting where approval of $200,000 for the application and design phase of the Guaranteed Income Pilot Program can be found on the City’s website, a shortcut for which is provided here . The
Memorandum of Understanding (MOU) between the City and Queer Works/ DAP Health is provided as Attachment D.

AL
IGNMENT WITH STRATEGIC PLANNING:

Thi
s item is consistent with the principle of social justice and equity that underpins Council’s strategic priorities and is potentially consistent with goals related to economic Item 3B - 2
City Council Staff Report
July 28, 2022 -- Page 3
Request for Funding Support for Guaranteed Income Pilot Program development. This item was not included in original strategic priorities or workplans.

FISCAL IMPACT:

Thi
s item was considered during the Fiscal Year 2022-23 budget process but was not included as a line- item allocation in the final approved budget. If Council is inclined to approve this funding request, S taff recommends using funds allocated to the $2 million set aside of economic development or $2.4 million of ARPA funds the City will receive this year that is planned for new expenses.

REVIEWED BY:

City Manager: Justin Clifton
ATTACHMENTS:

A. DA
P Health and Queer Works Proposal on Guaranteed Income Pilot Program B. Outline of Project Support
C. Background Information on Guaranteed Income Programs D. MOU between the City and Queer Works/ DAP Health
Item 3B - 3
ATT

ACHMENT A
Item 3B - 4

With the City of Palm Springs’ support, we’ll double the number of individuals served.

With State funding, we’ll quadruple it!

THE ASK
DAP Health and Queer Works respectfully request $500,000 from the City of Palm Springs to provide Universal Basic Income targeted at extremely low income people.

PROJECT ABSTRACT
DAP Health and Queer Works, two Palm Springs-based nonprofit organizations, propose to partner in the implementation of a universal basic income pilot program serving extremely low- income clients of either agency. Based on best practices of successful guaranteed income initiatives nationwide, this program will provide extremely low-income individuals with short- term financial support which they can spend to improve their current life circumstances and long-term economic self-sufficiency.

Participants in the pilot program will be provided with this basic level of income for a period of 18 months. They will also be provided with benefits counseling to ensure that this financial stipend complements, but does not supplant, any other government safety net support they may be receiving.

The uses and impacts of the basic income will be tracked, evaluated, and reported on. The fact that pilot participants will be established clients of DAP Health and/or Queer Works (rather than people with no prior connection to the agencies) will be helpful to data analysis and reporting.

DAP Health and Queer Works will already have detailed information about each participant’s health history, service usage history, and current safety net benefits; a relationship of mutual trust will already be established; and reliable, ongoing communications channels with participants will already be in place.

In addition to assisting our low-income clients in the short-term, our hope is that this pilot will demonstrate proof of concept for the efficacy of the basic income strategy. The City’s support will help other nonprofits offer similar programs in the future. It is important to note that this program will be open to anyone who fits the eligibility criteria:

 Living, working or spending the majority of their time in Palm Springs  Between 0-30% of Area Median Income
 Enrolled in either Queer Works or DAP Health services

OUR TARGETED POPULATION
While we are targeting several subgroups within the DAP Health and Queer Works (Hispanic/Latino, Black, and Transgender/Nonbinary (TGNB) individuals), for the purposes of this summary, we will focus on individuals who are income verified at 0-30% of Area Median Income, i.e., Acutely to Extremely Low Income as per HUD guidelines. In Riverside County, CA, this equates to less than $16,600 per year for a single person household.

Item 3B - 5
~!fith QUEER._W. ORKS
PRO

GRAM DESCRIPTION
Basic income initiatives around the country have already provided promising evidence that short- term relief from the daily struggles of financial survival helps low-income people to identify and implement strategies that improve their life circumstances and financial self-sufficiency.

Each participant will receive one direct monthly cash payment of $800 for a period of 18 months. This $800 figure was arrived at by combining the USDA Thrifty Food Plan’s estimated average monthly cost for food, plus roughly half the average monthly rent for an inexpensive one-bedroom apartment in Riverside County, as calculated by sources including Rentcafe and Zumper. Participants will also receive benefits counseling to help ensure they continue to receive all existing safety net benefits for which they are enrolled.

Beyond the guaranteed income and benefits counseling, this pilot program will deliver additional services for program participants valued at $1,598,049.

Queer Works’ services include:

Mental Health Care
(individual, group, family)
Case Management
DAP Health’s services include:

Medical Primary Care Addiction Services
Wellness Program Food
Transportation Medical Case Management
Our project team is comprised of the following partner organizations:
 Program Management: Queer Works & DAP Health
 Income Verification & Funding Distribution: Steady
 Research & Evaluation: Center for Guaranteed Income Research  Subject Matter Expert Consultants: Mayors for a Guaranteed Income  Healthcare and Social Services: Queer Works & DAP Health

BUDGET OVERVIEW
Our first goal is to raise $1 million from the City of Palm Springs and donors. Achieving our $1 million fundraising goal will satisfy the State’s 50% funding match requirement. Our second goal is to secure $2 million from the State of California Department of Social Services for a total budget of $3 million. With the City of Palm Springs’ support, we’ll double the number of individuals served. With State funding, we’ll quadruple it! Item 3B - 6
~!fith QUEER._W. ORKS
As illustrated below, with a $3 million budget, this pilot will provide 180 participants with $800 of basic income per month for a period of 18 months:
86% of funds go directly to clients. 14% goes toward program staff

ITEM DESCRIPTION TOTAL
Guaranteed Income Payments: 180 participants @ $800/month x 18 months $ 2,592,000
Project Director @ $59,000/year x 2 years 118,000
Benefits Counselors (2) @ $50,000/year x 2 years 200,000 Research & Evaluation Services 86,000
Income Verification & Distribution Services (Value: $20,000) Pro Bono $20,000 Participant Engagement, Recruitment & Application Review 4,000 In-Kind Medical and Social Services (Value: $1,598,049) Pro Bono $1,598,049 TOTAL $ 3,000,000
FUND
ING
 The California Department of Social Services (CDSS), set aside $35 million for guaranteed income initiatives in its current budget. To be eligible for CDSS funding, applicants must demonstrate 50% in matching funds.
 The City’s $500,000 will be matched through fundraising. Given the success of similar basic income programs, both foundations and individuals have identified themselves.  It
’s important to note if the State of California’s declines our application DAP Health and Queer works will produce this pilot progam on a smaller scale using the project budget available. “I am a s
ingle mother with two sons in college. I was born in Jalisco, Mexico and have been living in South Central Los Angeles for 20 years. I applied to BIG:LEAP because I was facing economic struggles. I used to work in a sewing factory that closed down at the start of the COVID-19 pandemic. I felt that I was drowning but with the funds from BIG:LEAP, I feel that I am now able to breathe. I have been able to use the funds for rent, food, and bills. I shop at the dollar store and go to food banks to be able to stretch out the money as much as possible. Thanks to BIG:LEAP, I was able to use some of the money to buy my son his college graduation cap and gown and shoes. Without the help from the program, I would not be able to survive in the face of this inflation.” https://static1.squarespace.com/static/60ae8e339f75051fd95f792e/t/62bc9048ca808c62602369fc/1656524873311/MGI_Year+In+Review+2022_ Final.pdf
In
gratitude for your consideration,
David Brinkman and Jacob Rostovsky
Item 3B - 7
~!fith QUEER._W. ORKS
ATT

ACHMENT B
Item 3B - 8

PROJECT SUPPORT
Program Design & Implementation
Steady is a financial technology organization that is highly experienced with guaranteed income programs. The organization’s “income intelligence platform” helps part-time workers increase their earnings, is used to distribute state and local public benefits, and is also employed by many guaranteed income initiatives nationwide
Center for Guaranteed Income Research Social Policy & Practice (CGIR) at the University of Pennsylvania, is an applied research center specializing in cash-transfer research, evaluation, pilot design, and narrative change
Mayors for a Guaranteed Income (MGI) is a nonprofit organization that advocates for direct, recurring cash payment programs that help to lift all communities and build a more resilient and just nation
Local and County Support
The Center CV
Diversity Committee, University of California, Riverside Community Advocates & Application Enrollment
Trans Community Project
Transgender Community Leader Coalition
Political and State Support
Congressman Takano
Senator Weiner
California LGBTQ Health and Human Services Network
California LGBTQ Legislative Caucus
Item 3B - 9
QUEER._WORKS DAP
Health

ATTACHMENT C

Item 3B - 10
What is Universal Basic Income?
Universal basic income (UBI) is an unrestricted monthly, cash payment given directly to individuals to help supplement their income (or lack thereof) and a UBI pilot is designed to test the impact of these payments.

Pilots are often designed to help financially stabilize the most marginalizes community members and learn information to help create future, evidence-based policies, and programs. A guaranteed income is meant to supplement, rather than replace, the existing social safety net and can be a tool for racial and gender equity.

While existing U.S. safety net benefits programs are valuable, they typically come with multiple conditions to apply, such as employment, no drug-related offense convictions, or the presence of minors in the household. Programs such as EITC, Medicaid, and SNAP provide conditional, means-tested, and often in-kind benefits (like food or housing). Additionally, these programs typically have restrictions on use of funds, which can make it difficult for recipients to use the funds to address their needs. For example, a housing voucher cannot pay for education or clothes. By contrast, guaranteed income provides unconditional cash support, giving each person the ability to make choices about how to best use the funds, empowering them to invest in their present lives and future.

The Role of Municipality
According to the Mayor’s for a Guaranteed Income coalition, City Council are closest to the communities they serve, observing everyday effects of economic violity. This makes the elected representatives of a community the best equipped to advocate for their residents. Furthermore, unrestricted cash helps to keep constituents financially secure and stimulate the local economy.

The SEED Program
Our program will be developed around The Stockton Economic Empowerment Demonstration (SEED), the nation’s first mayor-led guaranteed income initiative. Led by Mayor Michael D.

Tubbs, SEED’s 24-month program gave $500 monthly unconditional cash stipends to 125 individuals. SEED is thought to be huge success is often use as the model to current UBI programs.

SEED’s key findings and outcomes:
 UB
I reduced income volatility, or the month-to-month income fluctuations that households face.
 UBI enabled recipients to find full-time employment. Recipients of guaranteed income were healthier, showing less depression and anxiety and enhanced wellbeing.  The guaranteed income alleviated financial scarcity creating new opportunities for self- determination, choice, goal-setting, and risk-taking
Item 3B - 11
ATT

ACHMENT D
Item 3B - 12
Item 3B - 13

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF PALM SPRINGS, DESERT AIDS PROJECT,
AND

QUEER WORKS
This Memorandum of Understanding ("MOU"), by and between the City of Palm Springs ("City"), Desert AIDS Project, a California non-profit corporation ("OAP"), and Queer Works, a California public benefit non-profit corporation ("Queer Works"), and together known as the "Parties". This MOU shall be effective on the date ("Effective Date") that it is last signed below.

RECITALS
WHEREAS, the City is a charter city and California municipal corporation; and WHEREAS, the City Council at its March 24, 2022 regular meeting considered a request by DAP and Queer Works to provide $200,000 in financial support for the purpose of conducting due diligence (the "Project") in pursuing a State grant for a possible guaranteed income pilot program; and
WHEREAS, the State grant involves providing $35 million in funding for guaranteed income pilot programs over the next five years, pursuant to authority of California Welfare & Institutions Code sections 18997 through 18997.2; and
WHEREAS, the State agency responsible for administering the grant, the California Department of Social Services (COSS), has stated that the COSS believes that guaranteed income can be a tool to advance equity for communities that have been disproportionately impacted by poverty and wealth disparities; and
WHEREAS, the COSS has further stated that it will work in partnership with participants in terms of race, ethnicity, gender, lesbian, gay, bisexual, transgender, queer, intersex, asexual (LGBTQIA) identity, age, disability, housing status, language, immigration status, justice involvement, rural or urban location, and other factors; and WHEREAS, the Parties believe that transgender and nonbinary individuals are particularly vulnerable to unemployment, homelessness, assault, and discrimination, and as a result have been disproportionately impacted by poverty and wealth disparities; and WHEREAS, the request would target transgender and/or nonbinary individuals as the participants in the pilot program, and would take into account income disparities as well; and WHEREAS, this MOU establishes a framework for a sustainable partnership between the Parties in order for mutual support to continue and prosper. 55575.18185\40094662.1
Item 3B - 14

AGREEMENT
Now,
therefore,
in
consideration
of
the
above
Recitals
and
the
mutual
covenants
and
obligations
contained
in
this
MOU,
the
Parties
agree
as
follows:

OBLIGATIONS
OF
BOTH

PARTIES
Both
Parties
agree
to:
•
Foster
a
strong
and
cooperative
relationship
through
regular
coordination
of
Queer
Works',
DAP's,
and
the
City's
plans,
budgets,
resources,
events,
and
programs
and
make
timely
decisions
on
said
matters.
•
Meet
regularly
in
order
to
coordinate
Project
needs
and
deliverables.
•
Publicize
the
community
benefits
associated
with
the
Project.
•
Conduct
all
financial
affairs
with
transparency.
•
Document
and
coordinate
mutually
agreed-upon
items
and
share
helpful
or
pertinent
information.
•
Comply
with
all
federal,
state,
and
local
laws
and
regulations.

II.

OBLIGATIONS
OF
THE
CITY
City
agrees
to:
a.

Governance/
Administration

1. Grant
the
Queer
Works
and
OAP
permission
to
use
the
name,
likeness
and
logo
of
the
City
for
uses
that
support
the
Project.

11. Draft
any
required
City
Council
resolution.
b.

Finances 1.

Provide,
on
a reimbursement
basis,
up
to
Two
Hundred
Thousand
Dollars
($200,000)
for
operational
costs
that
are
necessary
for
the
Project.

City
shall
make
such
reimbursement
payment
within
forty
five
( 45)
days
following
the
submittal
of
complete
reimbursement
requests,
as
discussed
below.

III.

OBLIGATIONS
OF
QUEER
WORKS
AND
DAP
Queer
Works
and
OAP
agree
to:
a.

Performance
of
Project

1. Perform
those
activities
identified
in
Exhibit
"A",
attached
hereto
and
incorporated
by
reference
herein
for
purposes
of
pursuing
the
Project.
2 55575.18185\40094662.
l
Item 3B - 15
ii.

Exercise
good
faith
efforts
to
remain
within
the
estimated
budget
attached
hereto
as
Exhibit
"B",
which
is
incorporated
by
reference
herein.
m.

Keep
the
City
apprised
of
changes
made
to
the
program,
state
grant
opportunities,
fundraising
and
other
information
pertinent
to
execution
of
the
scope
of
work.
1v.

Provide
to
the
City
Manager
a
periodic
progress
report
(monthly,
unless
indicated
otherwise
by
the
City
Manager,
in
writing)
that
would
outline
activities
and
progress.

Without
limiting
the
generality
of
the
foregoing,
such periodic
reports
shall
include
basic
quantifiable
and
qualitative
information,
such
as
number
of
individuals
participating
in
focus
groups,
grants
or
donations
sought
and/or
received,
information
gleaned
from
due
diligence
etc.
·
b.

Finances 1.

Comply
with
all
IRS,
FTB
and
(as
applicable)
California
Attorney
General
non-profit
requirements
to
remain
in
good
standing.
ii.

Submit
reasonably
detailed,
written,
reimbursement
requests,
including
back-up
information
(such
as
invoices,
cancelled
checks,
payroll
information)
to
the
City,
for
purposes
of
the
City's
reimbursement
of
such
operational
expenses.

Such
requests
shall
be
provided
to
the
on
the
5th
day
of
each
month
following
the
Effective
Date.

IV.

RECORDS
AND
AUDITS.

Queer
Works
and
OAP
shall
maintain
accounts
and
records,
including
personnel,
property,
and
financial
records,
adequate
to
identify
and
account
for
all
costs
pertaining
to
this
MOU
and
such
other
records
as
may
be
deemed
necessary
by
the
City
or
any
authorized
representative.

All
records
shall
be
made
available
at
the
request
of
the
City,
with
reasonable
notice,
during
regular
business
hours,
and
shall
be
retained
by
Queer
Works
and
OAP
for
a period
of
three
years
after
the
expiration
of
this
Agreement.

AMENDMENT,

RENEWAL
AND

TERMINATION
a.

The
term
of
this
MOU
shall
commence
on
the
Effective
Date
and,
unless
sooner
terminated
by
written
agreement
of
the
Parties,
shall
end
on
the
expiration
of
one
(1)
year
following
the
Effective
Date
("the
Expiration
Date").

Either
party
may
renew
this
MOU
for
an
additional
period
of
one
(1)
year
to
commence
upon
the
Expiration
Date.

To
exercise
this
option
to
renew,
a party
must
deliver
to
the
other
party
a written
notice
of
its
exercise
of
the
option
to
renew
at
least
sixty
( 60)
days
prior
to
the
Expiration
Date.
b.

Any
modifications,
assignments,
alterations,
or
extensions
must
be
in
writing,
signed,
and
approved
by
both
Parties.
3 55575.
18185\40094662.
l
Item 3B - 16
c.

This
MOU
may
be
terminated,
with
or
without
cause,
by
either
Party
upon
thirty
(30)
days'
written
notice;
provided,
however,
that
the
City
shall
reimburse
to
Queer
Works
and
OAP
any
allowable
operation
expenses
that
were
reasonably
incurred
prior
to
the
date
of
the
termination.

VI.

INDEMNITY a.

Each
Party
agrees
to
indemnify,
defend,
and
hold
harmless
the
other
Party,
its
officials,
directors,
officers,
agents
and
employees
from
any
and
all
liabilities,
claims,
or
losses
of
any
nature,
including
reasonable
attorneys'
fees
and
costs
of
suit,
to
the
extent
caused
by,
arising
out
of,
or
in
connection
with,
the
indemnifying
Party's
negligent
or
wrongful
acts
or
omissions
arising
from
its
respective
activities
pursuant
to
this
MOU.

VII.

DISPUTE

RESOLUTION
a.

The
Parties
agree
to
work
together
in
good
faith
to
resolve
disagreements
that
may
arise
under
this
MOU.

Should
such
a
disagreement
arise,
the
Parties
having
authority
to
resolve
the
dispute
will
meet
and
negotiate
in
good
faith
toward
a
mutually
satisfactory
solution.

Ifany
disagreement
cannot
be
resolved
through such
negotiations,
the
Parties
will
consider
other
alternative
dispute
resolution
processes
upon
which
they
may
later
agree.

However,
if
at
any
time
a Party
determines
that
circumstances
so
warrant,
such
Party
may
seek
any
available
remedy
without
waiting
to
complete
the
informal
meet
and
confer
process.

VIII.

GENERAL

PROVISIONS
a.

Assignment.

Neither
Party
may
assign
or
transfer
all
or
any
portion
of
its
rights
or
obligations
under
this
MOU
to
any
third
party,
without
obtaining
the
prior
written
consent
of
the
other
Party,
which
consent
shall
not
be
unreasonably
withheld.

Any
purported
assignment,
without
the
other
Party's
prior
written
consent,
shall
be
void.
b.

Binding
Effect.

This
MOU
shall
be
binding
on
all
heirs,
successors
and
assigns
of
the
Parties.
c.

Entire
Agreement.

This
MOU
contains
the
entire
agreement
and
understanding
of
the
Parties
on
this
subject.

The
Parties
understand,
acknowledge
and
agree
that
no
Party,
or
any
agent
or
attorney
for
any
Party,
has
made
any
promise,
representation
or
warranty
of
any
kind
whatsoever,
express
or
implied,
not
contained
herein
to
induce
the
execution
of
this
MOU.

The
Parties
understand,
acknowledge
and
agree that
this
MOU
has
not
been
executed
in
reliance
upon
any
promise,
representation,
or
warranty
not
contained
herein.
d.

Applicable
Law.

This
MOU
and
all
rights
and
obligations
arising
out
of
it
shall
be
construed
in
accordance
with
the
laws
of
the
State
of
California.

Any
legal
or
administrative
action
arising
out
of
this
MOU
shall
be
conducted
in
Riverside
County,
California.
4 55575.
18 I 85\40094662.1
Item 3B - 17
e.

Warranty
of
Authority.

The persons
executing
this
MOU
on
behalf
of
the
Parties
represent
and
warrant
that
they
are
duly
authorized
to
execute
this
MOU
and
to
bind
their
respective
Party
to
all
terms
and
conditions
of
this
MOU.
d.

Severability.

If
any
section, subsection,
sentence,
clause
or
phrase
of
this
MOU,
or
the
application
thereof
to
any
of
the
Parties,
is
for any
reason
held
invalid
or
unenforceable,
the
validity
of
the
remainder
of
the
MOU
shall
not
be
affected
thereby
and
may
be
enforced
by
the
Parties
to
this
MOU.
e.

Notices.

All
notices,
demands
and
communications
between
the
Parties
shall
be
in
writing
and
shall
be
given
by
personal
delivery,
registered
mail
(return
receipt
requested,
with
postage
prepaid),
Federal
Express,
electronic mail,
or
any
other
reliable
private
express
delivery
service
to
the
following
addresses:

City
of
Palm
Springs
3200
E.

Tahquitz
Canyon
Way
Palm
Springs,
CA
92262
Attn:

Justin
Clifton
[email protected] Desert
AIDS
Project
1695
N.

Sunrise
Way
Palm
Springs,
CA
92262
Queer
Works
2510
N.

Whitewater
Club
Dr.,
Unit
B
Palm
Springs,
California
92262
Attn:

Jacob
Rostovsky
[email protected]
Attn:

Carl
Baker,
Director
of
Legal
&
Legislative
Affairs
[email protected]
The
foregoing
names,
addresses
may
be
changed
at
any
time
by
written
notice,
as
provided
above.
f.

Interpretation.

This
MOU
has
been
prepared
jointly
by
the
Parties,
with
full
access
to
legal
counsel
of
their
own.

No
ambiguity
shall
be
resolved
against
any
Party
on
the
premise
that
it
or
its
attorneys
were
solely
responsible
for
drafting
this
MOU
or
any
provision
thereof.
g.

Counterparts.

This
MOU
may
be
executed
electronically,
and
in
one
or
more
counterparts,
each
of
which
shall
constitute
an
original.

WITNESS,

WHEREOF,
the
Parties
enter
into
this
Understanding
as
of
the
Effective
Date.
[SIGNATURES
ON
THE

FOLLOWING
PAGE]
5 55575.
l 8185\40094662.1
Item 3B - 18

SIGNATURE
PAGE
TO

MEMORANDUM
OF

UNDERSTANDING

BETWEEN
THE
CITY
OF
PALM

SPRINGS,
DESERT
AIDS

PROJECT,
AND
QUEER
WORKS
QUEE~S By:-----------Name:

Jacob
Rostovsky,
CEO
Date:
05/23/2022
--------
By:~ Name:
faGno,
CFO
Date:
5/23/2022
DESERT
AIDS

PROJECT
By:
~.LA
V\(:°_d
__
\_~f\...~~
+-_
Dav
~
~Chief
Executive
Officer
Date:
--------
By:
_s~·~
.... ~-l
_
\.0--
C0,o~pc1.r+
Name:
-::,---------------
Date:
--------
55575
.18185\40094662
. I
6 ~
('e_,O'Y)-et"l+-
no.

A~
I 3
~
CITY
OF
PALM

SPRINGS
By:
-
\__
.
tA
.-~
J ust
~fil:
, Cit
';
rGl:;
er
Date:

S-}a:Zf
}-a:2:

ATTEST: By:

J,t.m.
~
~Ii,
Interim
City
Clerk

APPROVED
AS
TO
FORM:

By:
~
,#
73-_;;-.

Jef~
S.

Ballinger
City
Attorney
Item 3B - 19

SIGNATURE
PAGE
TO

MEMORANDUM
OF

UNDERSTANDING

BETWEEN
THE
CITY
OF
PALM

SPRINGS,
DESERT
AIDS

PROJECT,
AND
QUEER
WORKS
QUEER
WORKS
BY:

S,
P\h<r1
, o
C,u
.o±:c:.t:pa.c
+
Name:

J
----------
Date:
-------
By:
~V\Ncl
in
Cw,okv:~
Name:
(.) ----------
Date:
--
--
---
DESERT
AIDS

PROJECT
By:
__
_ ~.-r-7~";--:-;--~-----.r-'~~~
Name:+.1:u.1:~~--==.).l.l~!lljfLr~ SSS7S.
l 8 I
8S\40094662.

I
CITY
OF
PALM

SPRINGS
By:

Si.
~~
,n
C<A.Lt'\~
:e=-:,
r -t-
Justin
lifton,
City
Manager
Date:
-------
ATTEST:
6 APPROVED
AS
TO
FORM:

By:
~4j
i3~
Jef~
S.

Ballinger
City
Attorney
Item 3B - 20

EXHIBIT
A

GUARANTEED
INCOME

APPLICATION/DESIGN
PHASE
Guaranteed
Income
Phasing
Summary
Application/Design
Phase
(April
-
October
2022)
Draft
and
submit
proposal
to
MGI
•
Decide
on
sample
size
and
monthly
allocation
•
Decide
on
program
duration
•
Strate~;JY
for
protecting
benefits
(i.e.,
securing
waivers,
establishing
benefits
counseling
process,
estabUsh1ng
hold
harmless
fund)
•
Staffing
ne~ds
and
training
•
Initial
desigh
of
application
process
Fundraising
City
Funds
-decide
on
match
•
Rai~e
additional
funds
-
seek
private
donors,
foundations,
grants
•
Apply
to
funding
sources
Community
engagement,
Phase
1 •
Seek
out
promQtion
sources
•
Meet
with
community
le.aders
and
community
programs
•
Brief
community
survey
on
fundin~
needs
and
Utilization
of
funding
•
Review
curre11t
Queer
Works
data
for
proposal
•
Creation
of
promotional
materials
•
Creation
of
applicatioh
process
(website,
flyers,
etc.)
Get
proposal
feedback
from
MGI
•
Finalize
program
and
submit
Design
Needs
•
Program
name
•
Number
of
participants
•
Income
amount
•
Et'igibility
criteria
•
County
partners
•
Storytelling
components
(if
there
are
any)
•
Staff
requirements
•
Staff
~alaries
City
Tasks •
Draft
city
resolution
Staff
•
Create
job
descriptions
7 55575.

I 8185\40094662.1
Item 3B - 21

EXHIBITB BUDGET
Project
'Development
Consultant•
Rads
Into
Project
Director
Application
Consul~ni
Benef
its
Consultant
Community
Forum
• Stipends
eomn\urilt
Forum
• O
ratiohal
Costs
Total
8 55575.

I 8185\40094662.1
Project
Development
t!onsuitant
salary
dunnc
project
proposal
phase.

Unused
funds
will-be
$137,000
rolled
•lnto
Project Director
roll.

Contract
Fee
for
application
development
(to
state)
and
consultal'lt.

Rolls
Into
application
(for
$30,000
submissions
to
program)
design
phase,
Benefits
Consultant
salary
during
project
design
phase
. Unused
funds
wlll
be
rolled
Into
Benents
$15,000
Counselo
.r durl
ro
ect
launch
phase.

Stipends
for
community
participants
for
development
phase
focus
groups.
$100
per
$3,000
rt[cf
ant
@
30 partlci
ants.
2 roups
of
15 .

Operationa
l costs
for
focus
groups,
commurilty
events
(Zoom
hosting,
Hyers,
travel/transporfatlon
to
commun
ity
events).

Funds
not
used
will
be
$5
000
ro
lled
Into
a
licatlon
recruitment
hase.

Business
expenses
for
6 months
of
development
(Internet,
research
tools,
website
hosting,
travel
expenses,
office
supplies,
meal
stipends).

Funds
$10,000
not
use
wfll
be
relied
into
launch
hase.
$200,000

CITY COUNCIL STAFF REPORT
07/28/2022 3. C.

City Clerk -

SUBJECT

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS PROHIBITING ANNUAL RESIDENTIAL REAL PROPERTY RENTAL RATE INCREASES THAT EXCEED TEN PERCENT (10%) OR FIVE PERCENT (5%)

PLUS THE LOCAL CONSUMER PRICE INDEX, WHICHEVER IS LOWER RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only.1.

Adopt an Ordinance entitled, “AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROHIBITING ANNUAL RESIDENTIAL REAL PROPERTY RENTAL RATE INCREASES THAT EXCEED TEN PERCENT (10%), OR FIVE PERCENT (5%) PLUS LOCAL CONSUMER PRICE INDEX, WHICHEVER IS LOWER.”

2. Attachments
Item 3C
55575.18100\40409305.1

CITY COUNCIL STAFF REPORT

DATE: July 28, 2022 BUSINESS & LEGISLATIVE

SUBJECT: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS PROHIBITING ANNUAL RESIDENTIAL REAL

PROPERTY RENTAL RATE INCREASES THAT EXCEED TEN PERCENT
(10%), OR FIVE PERCENT (5%) PLUS LOCAL CONSUMER PRICE

INDEX, WHICHEVER IS LOWER

FROM: Justin Clifton, City Manager

BY: Jeffrey S. Ballinger, City Attorney

RECOMMENDATION:

1. Waive the reading of the ordinance text in its entirety and read by title only; and

2. Adopt Ordinance No. ____, “AN URGENCY ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROHIBITING ANNUAL

RESIDENTIAL REAL PROPERTY RENTAL RATE INCREASES THAT EXCEED TEN PERCENT (10%), OR FIVE PER CENT (5%) PLUS LOCAL CONSUMER PRICE INDEX, WHICHEVER IS LOWER.”

SUMMARY:

The City of Palm Springs’ residents have expressed serious concern over significant rent increases and have demanded “rent control”. Rent Control already exists statewide per 2020’s Assembly Bill 1482 Tenant Protection Act (discussed below). The first problem with it is that people are not aware of it. Second, there is no clear, easy way to enforce it.

Staff believes there is value in seeking to enforce the Tenant Protection Act because it offers opportunities to address substandard housing, wrongful evictions, and illegal rent increases. However, an additional rent control policy will most likely be ineffective to close the affordability gap, which is the primary problem with housing costs for many of Palm Springs’ residents. Rent control slows the rate of rent increases , but it will not decrease the cost of housing.

This report discusses the various causes that have led to the reality that the average resident cannot afford the cost of housing. Essentially, wages and income have remained relatively stagnant in Palm Springs when compared with housing prices, including rent, Item 3C - 1
55575.18100\40409305.1

City Council Staff Report
July 28, 2022 -- Page 2
Urgency Ordinance – Annual Residential Real Property Rental Rate Increases

which has increased exponentially. 1 The median home price in Palm Springs (approximately $400,000 by the U.S. Census Bureau’s estimate) is almost double the national average of $229,800.2 And in fact, the U.S. Census Bureau data likely does not reflect the most r ecent housing surges; one mortgage broker report estimates that the median price of all homes sold in Palm Springs over the last 12 months has been just over $600,000.
3 This disconnect between median income and median home price/rental rates has led to a variety of social ills including substandard housing, overcrowding, unaffordable rents and, in some cases, homelessness.4 Landlords who illegally increase rents exacerbate the problem.

The report also discusses the history of rent control and its effectiveness to cure some of these social ills. Staff also reviews the current state of legislation in California, including the Costa Hawkins Act and the Ellis Act, which significantly preempt new rent control policy beyond the existing Tenant Protection Act enacted by the State of California in 2020.

A rent stablization ordinance will help address rising residential rent prices in Palm Springs.

DESCRIBING THE PROBLEM:

The housing affordability gap in Palm Springs is significant, where residents earning the median income cannot afford the prevailing rents or to acquire a home at the median home price. Such a condition leads to overcrowding, substandard living conditions, and some cases, homelessness. The contributing factors to the housing affordability gap include income, housing prices, total housing units available , owner vs rental rates, age of units, and vacancy r ates. As a result, the growing gap between increasing housing costs and stagnant wages means that there are many residents in Palm Springs who cannot afford the housing costs. To address this problem, Staff turned to existing laws affecting rent control.

1 For instance, a U.S. Census Bureau report on Palm Springs provides that the median household income from 2016 - 2020 (in 2020 dollars) was $57,916, and that 16.4% of the population in Palm Springs lives at or below the poverty line, but the median value of an owner-occupied housing unit during that same time was nearly $400,000, and the median gross rent is $1,199. See:
https://www.census.gov/quickfacts/fact/table/palmspringscitycalifornia/INC110220 .
2 See: https://www.census.gov/quickfacts/fact/table/US/PST045221. 3 See: https://www.rockethomes.com/real-estate-trends/ca/palm-springs. 4 Riverside County completed a “point in time” homelessness survey on February 23, 2022, which (although not a perfect metric for accounting for all homeless individuals) demonstrated that at least 222 people were homeless in Palm Springs on that date, a 20% increase from 2022 and the highest in Riverside County after the City of Riverside. See:
https://countyofriverside.maps.arcgis.com/sharing/rest/content/items/3a90f8d95b5a4cf9a2d87c81cd8484e1/data .

Item 3C - 2

55575.18100\40409305.1

City Council Staff Report
July 28, 2022 -- Page 3
Urgency Ordinance – Annual Residential Real Property Rental Rate Increases

FRAMEWORK AND EXISTING LAWS AFFECTING TENANT PROTECTION STRATEGIES AND RENT CONTROL:

In summary , there are three existing laws that greatly impact rent control and tenant protection measures in California that will be described further in this report:

• 1985 Ellis Act
• 1995 Costa Hawkins Rental Housing Act
• 2019 Tenant Protection Act

What is Rent Control?

Rent control is part of a system of rent regulation, administered by a court or a public authority, which limits the changes that can be made in the price of renting a house or other real property. Modern rent controls are intended to protect tenants in privately owned residential properties from excessive rent increases by mandating gradual rent increases, while at the same time ensuring that landlords receive a return on their investment that is deemed fair by the controlling authority, which might, or might not be a legislature. Rent control slows the rate of rent increases, but it will not decrease the cost of housing. Rent control laws are used in approximately forty countries, although they often vary from one country to another, and may vary from one jurisdiction to another within some countries.

The Ellis Act; 1985

The Ellis Act was enacted by the State Legislature in 1985. T he Ellis Act prohibits any public entity from requiring apartment owners to continue offering their dwellings for rent or lease. The Ellis Act also defines the criteria under which the owners of apartments that are subject to rent control ordinances can remove the dwellings from the rental inventory.

Local entities are permitted to place various restrictions on the landlord's process of going out of business. For instance, cities may require landlords to file a "notice of intent to withdraw," provide the city with information about the tenancy (such as names of tenants, dates of commencement, and rental rates). Cities may require the payment of relocation assistance "to mitigate any adverse impact on persons displaced" or an extension of the termination date of tenancies from the standard 120 days to a full year from the commencement of the withdrawal process if tenants claim to be at least 62 or disabled.

The Costa Hawkins Rental Housing Act; 1995

In 1995, California approved and enacted the Costa Hawkins Rental Housing Act, which sought to protect the rights of landlords and their continued ability to develop housing.

The Costa Hawkins Rental Housing Act preempted rent control for multi-family units built after February 1995. The Costa Hawkins Rental Housing Act also prohibits vacancy control. However, the Costa Hawkins Rental Housing Act does not fully bar local rent Item 3C - 3
55575.18100\40409305.1

City Council Staff Report
July 28, 2022 -- Page 4
Urgency Ordinance – Annual Residential Real Property Rental Rate Increases

control and allows local jurisdictions to set annual limits on rent increases on multifamily apartment units built before 1995 while an existing tenant continues to live in the unit.

Several attempts to overhaul or repeal the Costa Hawkins Rental Housing Act have failed including the recently proposed Proposition 21, the Rental Affordability Act, which would have re-empowered local jurisdictions to adopt new rental control ordinances. Proposition 21, the Rental Affordable Act, was not authorized by the California electorate.

The Tenant Protection Act (AB 1482); 2020 – 2030

California adopted a new statewide rent control policy known as the Tenant Protection Act or Assembly Bill 1482. The Tenant Protection Act became effective in January 2020 and expires in January 2030.

The Tenant Protect Act applies to rental units that were built more than fifteen years ago and are not a hotel, owned by a nonprofit, student dormitories, a duplex where the landlord lives in one of the units, deed restricted, or a single-family home not owned by a corporation.

The Tenant Protection Act affects tenants in two main ways. First, AB 1482 limits rent increase and second imposes “Just Cause” protection to existing tenants. Rent increases are limits as follows:

1. Rent cannot be increased more than 5% plus local consumer price index or 10% maximum.

2. Rent can only be increased two times within any given twelve-month period.

3. A master tenant cannot sublease at a higher rental rate.

4. In order to raise rent, landlords must provide written notice.

5. There is no vacancy control.

The Tenant Protection Act also requires Just Cause eviction protection to tenants if all the tenants of a rental unit have lived there for twelve months or longer. The Tenant Protection Act does not contain an explicit grant of authority to local governments to enforce its provisions.

DISCUSSION

The City Attorney’s office researched and reviewed different California local government rent stabilization and tenant protection programs along with the Ellis Act, Costa Hawkins Rental Act, and the California Tenant Protection Act (AB 1482) to develop an ordinance.

The p roposed rent stabilization ordinance closely align s w ith state law and prevents extraordinary increases in rent that can be devastating to certain portions of the population.

Item 3C - 4
55575.18100\40409305.1

City Council Staff Report
July 28, 2022 -- Page 5
Urgency Ordinance – Annual Residential Real Property Rental Rate Increases

Rent Stabilization Ordinance

The draft Rent Stabilization Ordinance (“RSO”) does the following:

1) Prohibits increases in rent on certain residential real property in the city in excess of ten percent (10%) or five percent (5%) plus local consumer price index, whichever is lower.

a. This is consistent with the Tenant Protection Act , which allows for annual rent increases of no more than 5% plus the percentage change in the cost of living for the region in which the property is located, or 10% whichever is lower.

2) Prohibits more than one rent increase in any twelve (12) month period, unless expressly exempt by state law.

a. This is more protective than the Tenant Protection Act in that the rent increase can only be done once per year.

3) Requires written notice of rent increase consistent with the Tenant Protection Act.

4) Allows a landlord to appeal the rental increase limitation based on a claim for fair rate of return to the Rent Review Commission, which provides more protection than the Tenant Protection Act.

5) Establishes that rent increase restrictions do not apply to certain dormitories, certain residential real property that is owner occupied, units regulated by the City’s current rent control measures, transient occupancies, and institutional facilities.

6) Makes clear that rent increases shall not be effective where a landlord:

a. Fails to substantially comply with all provisions of the RSO, including but not limited to the failure to provide notices as required; or

b. Fails to maintain the residential real property in compliance with safety and habitability requirements (California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.10); or

c. Fails to make repairs ordered by the City or court of competent jurisdiction.

7) Establishes that violations of any provision of the RSO shall first be punished through the use of a civil citation, prior to prosecution as a misdemeanor, infraction, or civil injunction.

8) E stablishes a fee for those residential units that are subject to the RSO.

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City Council Staff Report
July 28, 2022 -- Page 6
Urgency Ordinance – Annual Residential Real Property Rental Rate Increases

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. This proposed ordinance, concerning certain obligations of public officials and applicants is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

This action aligns with the Strategic Plan 1C – Expand Housing Affordability, by expanding housing policies, namely a rent control ordinance.

FISCAL IMPACT:

This proposed ordinance is not expected to have any significant financial impacts.

REVIEWED BY:

City Attorney: Jeffrey S. Ballinger
City Manager: Justin Clifton

ATTACHMENTS:

A. Proposed Ordinance.

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URGENCY ORDINANCE NO. ____

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS , CALIFORNIA,

PROHIBITING ANNUAL RESIDENTIAL REAL PROPERTY

RENTAL RATE INCREASES THAT EXCEED TEN
PERCENT (10%), OR FIVE PERCENT (5%) PLUS LOCAL

CONSUMER PRICE INDEX, WHICHEVER IS LOWER
City Attorney’s Summary
This ordinance establishes a residential rental increase cap of ten percent (10%), or 5% plus local consumer price index , whichever is lower, subject to some exceptions contained in this ordinance.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:

Section 1
. The City Council of Palm Springs hereby finds, determines and declares as follows:

A. Ther
e is a shortage of and an increasing demand for all types of housing in the City of Palm Springs (“Palm Springs” or “City”). This circumstance, coupled with the rising cost of developing new housing, the unavailability of land, and other factors, has put substantial upward pressure on residential rents.

B. The increasing housing rent burden and poverty faced by many residents in the City threatens the health, safety, and welfare of its residents by forcing them to choose between paying rent and providing food, clothing, and medical care for themselves and their families, which may result in eviction and displacement.

C. Studies have shown that evictions play an impactful role in the lives of low income renter households and can also contribute to poverty through disruptive effects such as job loss, adverse health effects, and negative consequences for children.

Moreover, an eviction can remain on a renter’s credit history for at least seven years, impacting one’s ability to rent and find employment opportunities.

D. The Costa-Hawkins Rental Housing Act, California Civil Code section 1954.50, et seq., limits the applicability of local rent stabilization policies, including prohibiting local jurisdictions from applying rent stabilization to certain residential rental properties. This Ordinance intends to comply with the Cost a-Hawkins Rental Housing Act, and all other applicable state and federal laws.

E. Increasing the number of homeless residents in Palm Springs, particularly elderly residents who may be in need of medical or other care, could create a public health and safety risk.

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F. The economic conditions and recognized housing shortage in Southern California have the potential to detrimentally impact a substantial number of residents in Palm Springs, and impose a particular hardship on senior citizens, persons living on fixed incomes, and other vulnerable persons living in Palm Springs.

G. The City finds it necessary to implement this Ordinance to facilitate the establishment of fair and reasonable rents within the City, to maintain the character and quality within the City, to prevent excessive and unreasonable rent increases, and for residential real property owners to receive a fair and reasonable return on their investment.

H. The Mobilehome Residency Law (“MRL”), California Civil Code sections 798, et seq., expressly authorizes cities to regulate the setting and/or increasing of rents for the use and occupancy of a mobile home space, subject to certain exceptions.

I. Through Palm Springs Municipal Code (“ City Code ”) Chapter 4.08, the City previously established a rent stabilization system for mobile home parks, and the City Council desires to leave that system intact.

J. The City previously regulated the setting and increasing of rents for residential real property. Given the concerns discussed herein, the City Council desires to amend the rent stabilization policies to protect residents from unreasonable rent increases, while ensuring that the owners of residential real property may earn a fair and reasonable return on their property.

K. Pursuant to the City’s police power, as granted broadly under Article XI, section 7 of the California Constitution, as well as the City’s charter c ity authority under Article XI, section 5, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents.

L. California Government Code Section 36937 authorizes the City Council to adopt, by a four -fifths vote, an urgency ordinance that is necessary for the immediate preservation of the public peace, health or safety.

M. It is necessary that this Ordinance shall go into effect as an emergency measure immediately upon its passage in order to alleviate the economic hardship imposed upon tenants in residential real property caused by increasing rents. The immediate implementation of the provisions of this Ordinance is in the interest of public health, safety and general welfare because without this rent stabilization measure, residential tenants, many who live on fixed or limited incomes, may be forced to vacate their residences and seek alternative forms of housing. Further, the imposition of rent stabilization regulations contained herein are necessary in order to avoid the potentially excessive and unreasonable rent increases that may otherwise occur in the absence of the immediate effectiveness of this Ordinance.

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N. Based on the foregoing facts, and the facts presented to the City Council at the meeting at which this Ordinance is introduced and adopted, the City Council finds that allowing owners of residential real property to have unfettered discretion to increase rents would pose a threat to the public health, safety, an d welfare, and that a prohibition of rent increases, except as allowed herein, is therefore necessary.

O. The City Council hereby adopts these regulations in order to address the threats set forth below.

1. Absent the adoption of this Ordinance, as a result of the economic conditions and recognized housing shortage in Southern California, significant rent increases will impact a substantial number of residents in Palm Springs and constitute a threat to public health, safety, and welfare, and a particular hardship for senior citizens, persons living on fixed incomes, and other vulnerable persons living in the City;

2. For the preservation of the public peace, health, and safety, the City Council finds that it is necessary to adopt an urgency ordinance stabilizing rents for all of the reasons set forth in the recitals above, which are hereby incorporated by reference; and

3. Certain aspects of public health, safety, and welfare are not adequately protected by the City’s existing rent stabilization ordinance because of that ordinance’s limited scope, and it is in the interest of the City, owners, residents, and the community as a whole that the City adopt regulations to protect affordable housing within the City, including, but not limited to, rent stabilization regulations applicable to residential real property generally.

P. A ny amendments or supplements, and oral testimony, shall constitute t he necessary findings for this Ordinance.

Q. The City Council finds, determines and declares that the threat to the public health, safety, and welfare of the City and its residents necessitates the enactment of this Ordinance.

Section 2
. The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constit ute a substantive part of this Ordinance, and are incorporated herein by this reference.

Section 3. Chapter 4.10, is hereby added in its entirety to the Palm Springs Municipal Code to read as follows:

“Chapter 4.10: RENT STABILIZATION
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4.10.010. Citation.

This chapter shall be known as the “ 2022 Rent Stabilization Ordinance.”

4.10.020. Application.

This chapter shall supplement the C ity’s current rent control measures in place at Chapter 4.08 by enforcement, interpretation, and further regulation pursuant to 4.08.140. Chapter 4.08 shall continue to apply for those residential rental units covered by Chapter 4.08. For those residential rental units exempt or otherwise excluded under Chapter 4.08, this chapter shall apply unless such res idential rental units are exempt as provided by this chapter.

4.10.030. Prohibited Increases.

Increases in rent on residential real property in the C ity of Palm Springs in excess of ten percent ( 10%), or five percent (5%) plus local consumer price index, whichever is lower, and more than one rent increase in any twelve (12) month period, are prohibited, unless expressly exempt under the Costa- Hawkins Rental Housing Act codified in California Civil Code section 1954.50, et seq.

4.10.040. Reasonable Rate of Return.

This ordinance allows for an annual adjustment of residential real property rent of up to ten percent (10%) , or five percent (5%) plus local consumer price index, whichever is lower . Such an increase is found and determined to provide a just and reasonable return on an owner’s property, and has been adopted to encourage good management, reward efficiency, and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive rents and rental increases. Notwithstanding the foregoing, however, any owner of residential real property who contends that the limit on rental increases set forth in 4.10.030 above will prevent the owner from receiving a fair and reasonable return on their property may petition for relief from the cap set forth in section 4.10.0 30 pursuant to the procedures set forth in section 4.10.050.

4.10.050. Fair Return Petition for Rent Increase.

(A) An owner of residential real property may petition for a rent increase in excess of that provided in section 4.10.03 0 in order to obtain a fair and reasonable return on their property (“Fair Return Petition”). Such Item 3C - 10
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Fair Return Petition shall be on an application form prescribed by the City and shall be decided by the Rent Review Commission. Owner shall provide a copy of any Fair Return Petition submitted to the City to the applicable tenant(s), and provide City with proof of completing such service to the applicable tenant(s). The tenant(s) will then have thirty (30) days from the date of receiving the Fair Return Petition to reply or provide additional materials to the City in response to the Fair Return Petition. The applicant shall bear the burden of establishing that a rate increase in excess of that provided in section 4.10.030 is necessary to provide the applicant with a fair and reasonable return on their property, including by providing an independent financial report and verified financial data demonstrating that without such an increase, they will not realize a fair and reasonable return on their property.
(B) Applicant shall be responsible for all costs associated with the City’s review of the Fair Return Petition. Upon receipt of a Fair Return Petition, the Rent Review Commission shall determine the anticipated costs of review and if the employment of expert(s) will be necessary or appropriate for a proper analysis of the applicant’s request. If the Rent Review Commission so determines, the Rent Review Commission shall also determine the anticipated costs of employing such expert(s). The resulting figure shall be communicated to the applicant, and the Fair Return Petition shall not be processed until the applicant has paid to the city the estimated cost of the complete analysis. City will provide applicant with an invoice of all costs incurred after the review of the Fair Return Petition. Any unused portion of the advance payment for analysis shall be refunded to the applicant. If additional funds are required, payment will be required before applicant receives the determination on the Fair Return Petition from the City.
(C) The factors the Rent Review Commission may consider in deciding a Fair Return Petition may include, but not be limited to:
(1) Changes in the most local Consumer Price Index
published by the Bureau of Labor Statistics.
(2) The rent lawfully charged for comparable residential real property or mobile home spaces in the city.
(3) The length of time since the last determination by the Rent Review Commission on a rent increase
application, or the last rent increase if no previous rent increase application has been made.

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(4) The completion of any capital improvements or
rehabilitation work related to the residential real
property or mobile home space or spaces specified in
the Fair Return Petition, and the cost thereof, including materials, labor, construction interest, permit fees, and other items the Rent Review Commission deems
appropriate.

(5) Changes in property taxes or other taxes related to the subject residential real property or mobile home park.

(6) Changes in the rent paid by the applicant for the lease of the residential real property or land on which the
subject mobile home park is located.

(7) Changes in the utility charges for the subject residential real property or mobile home park paid by the
applicant, and the extent, if any, of reimbursement from the tenants.

(8) Changes in reasonable operating and maintenance
expenses.

(9) The need for repairs caused by circumstances other
than ordinary wear and tear.

(10) The amount and quality of services provided by the applicant to the affected tenant(s).

(11) Any existing written lease lawfully entered into between the applicant and the affected tenant(s).

(D) A Fair Return Petition shall be decided by the Rent Review Commission within ten (10) days following the close of evidence, including proof of service of the Fair Return Petition on the applicable tenant(s). The decision shall be emailed and sent by mail, with proof of mailing to the subject property owner, the owner's designated representative(s) for the Fair Return Petition, and a designated representative of the tenant(s). The decision of the Rent Review Commission shall be final and not appealable.

(E) If the Rent Review Commission is unavailable for any reason, the Fair Return Petition shall be decided by a hearing officer, selected by the City Manager, which hearing officer shall conduct its review pursuant to the procedures set forth in this section.

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(F) Notwithstanding any provision contained in this Code, the decision of the Rent Review Commission or hearing officer shall be the final administrative decision of the City, with no right of review by the City Council.

4.10.060. Exemptions.
(A) Pursuant to the Costa- Hawkins Rental Housing Act, the provisions of this ordinance regulating the amount of rent that a residential real property owner may charge shall not apply to the following: any residential real property that has a certificate of occupancy issued after February 1, 1995 (California Civil Code section 1954.52(a)(1)); and, any other provisions of the Costa- Hawkins Rental Housing Act addressing exemptions, as applicable.
(B) Pursuant to the Tenant Protection Act of 2019, California Civil Code section 1947.12(d), the provisions of this ordinance regulating the amount of rent that a residential real property owner may charge shall not apply to the following:

(1) D
ormitories owned and operated by an institution of
higher education or a kindergarten and grades 1 to 12,
inclusive, school.
(C) The provisions of this ordinance regulating the amount of rent that a residential real property owner may charge shall not apply to the following:
(1) A unit subject to City Code Chapter 4.08.
(2) A unit in a hotel, motel, inn, tourist home, or rooming and boarding house which is rented primarily to
transient guests for a period of less than 30 days; and other transient occupancies as defined in California
Civil Code section 1940, subdivision (b).
(3) A unit in an institutional facility, including a hospital, medical care facility, residential care facility, asylum, group home for seniors or the disabled; a rental unit in a transitional housing program that assists homeless
persons as defined in California Civil Code section
1954.12; a convent or monastery owned and operated
by a religious organization; and a fraternity or sorority house affiliated with a college or university.

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(4) Housing accommodations which a government agency
or authority owns, operates, or manages, or that state
or federal law or administrative regulation specifically preempt from municipal rent regulation.

(5) A unit that the owner or the owner’s immediate family occupied as their principal place of residence at the
beginning of the tenancy so long as the owner or the
owner’s immediate family continues in oc cupancy.

Immediate family is limited to the owner’s spouse,
parents, children, grandparents, gr andchildren,
brothers, sisters, aunts, uncles, nieces, and nephews.

4.10.070. Rent Increase Ineffective.

No rent increase shall be effective if the owner:

(A) Fails to substantially comply with all provisions of this chapter, including but not limited to the failure to provide notices as required by this chapter; or

(B) Fails to maintain the residential real property in compliance with California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.10 as determined as determined by the City or court of competent jurisdiction; or

4.10.080. Notice Requirements.

(A) An owner of any residential real property subject to this chapter shall, on or before the date of commencement of a tenancy, give the tenant a written notice which must include the following information:

(1) The existence and scope of this Chapter 4.10 of the City Code; and

(2) The tenant’s right to respond to any Fair Return Petition filed with the City by the owner pursuant to section 4.10.050.

(B) As part of any notice to increase rent, an owner must include:

(1) Notice of the existence of this Chapter 4.10 of the City Code; and

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(2) The tenant’s right to respond to any Fair Return Petition filed with the City by the owner pursuant to section 4.10.050 , unless such rent increase is pursuant to an approved Fair Return Petition.

(3) No rent increase shall take effect until the requirements of this chapter have been met.

(C) The owner must give notices to the tenant in the language that the owner and tenant used to negotiate the terms of the tenancy.

4.10.090. Definition of Rent.

For the purposes of this chapter, “Rent” means all periodic payments and all nonmonetary consideration, including, but not limited to, the fair market value of goods or services rendered to or for the benefit of the owner under an agreement concerning the use or occupancy of residential real property, including all payment and consideration demanded or paid for parking, pets, furniture, and subletting.

4.10.100. Violations.

(a) It shall be unlawful for any person to violate or fail to comply with any provision of this chapter . The violation of any provision of this chapter shall first be punished through the use of a civil citation, prior to prosecution as a misdemeanor, infraction, or civil injunction as provided in City Code Chapter 1.10.

(b) Any owner who intentionally demands, accepts or retains any payment in violation of the provisions of this chapter shall be liable in a civil action to the tenant from whom such payment is demanded, accepted, or retained for damages in the sum of three times the amount by which the payment demanded, accepted, or retained exceeds the maximum amount which could be lawfully demanded, accepted, or retained together with reasonable attorneys' fees and costs as determined by the court.

4.10.110. Fee Established.

Those subject to this Ordinance shall pay the rent stabilization fee as established by City Council resolution. The rent stabilization program fee is to fund the City’s cost to implement and enforce the provisions of this Ordinance.

4.10.120. Administrative Regulations.

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The City Manager and their designee is hereby authorized to promulgate and enforce administrative regulations in the implementation and enforcement of this chapter.”
Section 4. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a s ignificant effect on the environment, and it is not a "project", as defined in section 15378 of the State CEQA Guidelines.

Sec
tion 5. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more s ections, subsections, phrases, or clauses be declared invalid or unconstitutional.

Sec
tion 6. The City Council hereby declares that this Ordinance is necessary as an urgency measure in order to provide for the immediate preservation of the public peace, health and safety based upon the findings of fact hereinbefore made. Therefore, this Ordinance is hereby declared to be an urgency measure and shall become effective immediately upon its adoption in accordance with Government Code Section 36937(b).

Prior to the expiration of fifteen (15) days from the passage of this Ordinance, the Ordinance, or a summary of the Ordinance, shall be published at least once in a newspaper of general circulation within the City.

Sec
tion 7. The foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Palm Springs, State of California, held on the 28th day of July, 2022, by the following vote:

AYES:

NO
ES:

ABSENT:

ABSTAIN:

Lis a Middleton, Mayor
ATTEST:

Monique Lomeli, City Clerk
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APPROVED AS TO LEGAL FORM:

Jeffrey S. Ballinger
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CITY COUNCIL STAFF REPORT
07/28/2022 3. D.

City Clerk -

SUBJECT

REVIEW OF THE PALM SPRINGS INTERNATIONAL AIRPORT MASTER PLAN

SCOPE OF WORK
RECOMMENDATION:

Approve the Palm Springs International Airport Master Plan scope of work and authorize Staff to proceed with the issuance of a Request for Qualifications and Proposal.

Attachments
Item 3D

CITY COUNCIL STAFF REPORT

DATE: JULY 28, 2022 BUSINESS & LEGISLATIVE

SUBJECT: REVIEW OF THE PALM SPRINGS INTERNATIONAL AIRPORT MASTER

PLAN SCOPE OF WORK

FROM: Justin Clifton, City Manager

BY: Department of Aviation

SUMMARY:

This agenda item provides a scope of work for the development of the Airport Master Plan. The A irport is proposing to move forward with a comprehensive Master Plan process beginning in September 2022.

RECOMMENDATION:

Approve the Palm Springs International Airport Master Plan scope of work and authorize Staff to proceed with the issuance of a Request for Qualifications and Proposal.

BUSINESS PRINCIPAL DISCLOSURE:

N/A.

BACKGROUND:

The previous comprehensive Airport Master Plan was approved in 2001. Since that time, the Airport has only undertaken a terminal area study update, which was completed in 2010. Although the study identified the need for future expansion of the current main terminal fo r passenger processing and identified areas for additional ground transportation and a consolidated rental car facilit y, the study resulted in zero capacity related projects to address landside access, realignment of aeronautical functions, or capacity improvements such as concourse hold room capacity or expansion of concessions areas. The Airport has pursued no other formalized planning initiative since that time.

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City Council Staff Report
July 28, 2022-- Page 2
Approval of Airport Master Plan Scope of Work

STAFF ANALYSIS:

The goal of the Master Plan process is to produce an Airport Layout Plan, which must be submitted to the FAA for their approval. There are two fundamental reasons for the Airport to pursue a master plan:

1. Under Federal Aviation Administration (FAA) regulations, airports are required to keep their Airport Layout Plan updated in order to continue receiving FAA grant funding. Projects that are not identified on an FAA approved Airport Layout Plan cannot be funded through federal grants . There are also implications for projects that are self-funded but not included on an FAA-approved airport layout plan.

2. A master plan is essential to guarantee that the A irport has balanced growth campus-wide. Given current operational and capacity shortfalls, A irport Staff has determined that the current approved Airport Layout Plan is no longer compatible with the current forecasted and observed aeronautical activity, and the Airport Layout Plan needs to be updated to ensur e sustainable and measured growth of the Airport over the next 10 years or more.

There are a number of safety and service development initiatives that the A irport hopes to formalize thr ough the Master Plan process, which includes feasibility analysis and planning for increased public parking, introduction of new infrastructure such as solar and electric charging for vehicles and for aircraft ground equipment, cargo processing facilities for airline below -the-wing cargo, and a Federal Inspection Station (FIS) which is necessary for international air service.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Strategic Priority 3, Community Infrastructure, specifically 3A - “Improve City Facilities” and Strategic Priority 4, Good Governance, specifically 4A - “Enhance Service Levels.”

FISCAL IMPACT:

There is no fiscal impact at this time.

REVIEWED BY:

Department Director: Harry Barrett, Jr.

City Manager: Justin Clifton

ATTACHMENTS:

A. Scope of Work

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ATTACHMENT A

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SCOPE OF WORK
FOR
PROFESSIONAL CONSULTING SERVICES
COMPREHENSIVE AIRPORT MASTER PLAN
Palm Springs International Airport
3400 E. Tahquitz Canyon Way, Suite 1
Palm Springs, CA 92262
(760)318‐3800
www.palmspringsairport.com
July 14, 2022
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PROJECT BACKGROUND AND DESCRIPTION
PSP is a Commercial Service Airport consisting of 970 acres and is the regional commercial airport for nine Coachella Valley Cities and surrounding areas.

Palm Springs and the Coachella Valley region are showing indications of regional change, which have already had an impact on the Palm Springs International Airport (PSP). Lo cal resorts have observed increasing occupancy and have indicated considerable growth; PSP has experienced a corresponding increase along the typical indicators which include annual enplanements, annual operations, and parking and rental car transactions. These changing dynamics are resulting in challenges requiring a comprehensive approach to planning for future airside and landside development scenarios and operat
ional changes.

There is a community concern regarding aircraft noise and annoyance. Due to these factors the PSP proposes a review to reassess services, airport facility needs, and annoyance mitigation measures looking ahead for the next 10 years and beyond. PSP also proposes discussion on current an d future trends surrounding noise reduction on newer generation aircraft. Emphasis will be given to the Alternatives Analysis section of the Master Plan and the update of the Airport Layout Plan. A review of the Facility Requirements may be considered and the Inventory may need additional work. This planning effort will offer a fo
cused emphasis on outreach, community awareness, and a defined public involvement campaign.

Examples of growth at PSP include the introduction of three new air carriers to PSP in 2021, including Southwest Airlines, Swoop and Flair. Additionally in early 2022, Air Hotel Adventure (Aha!) Air launched service to PSP. Travel to and from Pre‐Clea red cities in Canada has grown and is expected to continue to grow in operations and destinations. The business community has also indicated that hotel occupancy at the major resorts is trending higher and is becoming less seasonal in nature. General Aviation activity is also increasing.

Ground tran
sportation operations and facilities need to adapt to accommodate the capacity and to address logistical issues; this includes Transportation Network Company (TNC) staging, public parking, employee parking and rental car activity growth. Terminal capacity recommendations are required to address the up‐gauging of aircraft, security screening, facility capacity, and location.

As PSP looks toward becoming more sustainable, the Master Plan Study provides an opportunity to incorp
orate renewable energy and plan for emerging technologies.

Major projects recently completed or in process include:
• Passenger boarding bridge replacement, Bono Concourse (2022) • Ticketing lobby expansion with introduction of semi‐inline Baggage Handling System (2021) • Air Operations Area Pavement Man
agement Plan update (2020)
• TSA Checkpoint Screening Area Expansion (2020)

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The study will proceed in a phased approach whereby items identified in the inventory and subsequent gap analysis may or may not lead to further study depending on the feasibility (practical and/or economical) of identified issues. The Master Plan will address short‐, medium‐ and long‐range facility requirements. All solutions will require phasing alternatives with clearly defined triggers and should be comprehensive, efficient, flexible, and supported by a financial plan demonstrating cost‐efficiency. The long‐range development of PSP should also be completed in coordination with local and regional planning efforts and studies, including but not limited to The City of Palm Springs General Plan and the Riverside County Land Use Plan.

SCOPE OF SERVICES
PSP intends to complete a high‐quality, cost‐eff
ective Master Plan in 30 months. The selected consultant is encouraged to utilize existing PSP studies and data, which will be made available during final scoping and negotiations.

The anticipated services for the Master Plan would include those typically performed during an airport master planning process, as outlined in
FAA Advisory Circular 150/5070‐6B (Airport Master Plans). Where possible, information and data gathered as part of the PSP Electronic Airport Layout Plan (eALP) project, pavement management program and other previously completed airport and local/regional studies shall be utilized in order to reduce the scope of work and time required to complete the Project. The scope of work would include, but not be limited to, the following:

1. Inventory of existing conditions:
● Airport Facilities (airside and landside)
● Aviation Act ivity
● Environmental Issues
● Land Use, Zoning, and Other Local & Regional Planning Studies ● Roads and Ground Traffic
● Utilities
● Sustainabilit y Initiatives

2. Aviation Forecasts – Up date forecasts for:
● General Aviation Activity
● Air Carrier Activity
● Cargo Activity

3. Facility Requirements: Assess the ability of the existing airport, both airside and landside, to support the forecasted demand. Identify the demand levels that will trigger the need for facility additions or improvements and estimate the extent of new facilities that may be required to meet that demand including but not limited to:
● (Phase I) Terminal
Area & Landside improvements, including recommendations for:
i. Handling current and future passenger and baggage capacity, and for expansion of existing facilities or siting of new terminal facilities ii. Feasibility and siting of a future Federal Inspection Station (FIS) with the ability to accommodate two Group V aircraft simultaneously
iii. Siting of future Cargo facilities
to accommodate airline below the wing cargo
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iv. An analysis of public parking and opportunities for increasing non‐aeronautical revenue, including future expansion of public parking and employee parking areas. v. Siting of a new Consolidated Rental Car Facility
vi. Siting of an inter‐modal/multi‐modal transportation facility and discussion on impacts to local and regional plans
vii. Siting for revenue generating environmental sustainability and energy ef ficient infrastructure
viii. Roadway improvements to create efficiency and assist with capacity ix. Preserving historically significant resources of the terminal building

● (Phase II) Airside improvements, including recommendations for:
i. Alignment of aeronautical activities with regional plans ii. Handling of current and future aircra ft capacity and reconfiguration, development and expansion of existing aprons and ramps
iii. Discuss the length of runways and how that distance is tied to the “design aircraft” and the longest nonstop distance to be flown by the design aircraft from the airport iv. Potential improvements associated with future aircraft te chnologies that could operate at the airport such as electric aircraft and their associated service and charging needs, sustainable aviation fuels, urban air mobility and vertiports, etc. v. Methods of increasing safety and efficiency of aircraft operations. vi. A discussion of existing General Aviation and recommendations for future development

4. Alternatives Development and Evaluation – Identify option s to meet projected facility
requirements and alternative configurations for each major component. Assess the expected performance of each alternative against a wide range of evaluation criteria, including its operational, environmental, and financial impacts. Based on this assessment provide recommended development alternatives and triggers for their i mplementation. Some alternatives will focus on enhancing/maximizing revenue producing opportunities. Alternatives will address short (5 year), medium (10 year) and long range (20 year) facility requirements.

5. Environmental Considerations – Determine the environmental requirements needed to move forward with each project in the recommended development program.

6. Airport Layout Plan – Prov ide full electronic and hardcopy Airport Layout Plans and a Narrative Report depicting the phased development plan in the near‐term, medium‐term and long‐term development of PSP. This will include updating the eALP to reflect proposed development identified in the study and reconciling PSP’s “Exhibit A” property map. “Exhibit A” reconciliation will likely require surv
ey work.

7. Facilities Implementation Plan – Provide a description of the recommended improvements, estimated implementation triggers and costs to be used in the development of a capital improvement plan.

8. Financial Feasibility Analysis – Identify the financial plan for PSP, and the means by whi ch PSP can finance the projects recommended in the master plan. Demonstrate the financial feasibility of each project or program element. Include discussion for rate‐making methodology considerations, Item 3D - 7
airport debt service and 10‐year outlook for revenue.

9. Sustainability – The sustainability component of the Master Plan should focus on the environmental aspects of capital improvement projects, including their financing, design, construction, and operations, from a holistic policy level. Sustainability recommendations should be useful tools to guide, not constrain, decision‐making.

10. Community Outreach/Stakeholder Input Facilitation – Since the long‐range development of PSP will have an impact on the surrounding commun
ity, opportunities for public involvement
throughout the process will be critical to the success of this Project.

A Master Plan Stakeholder Advisory Committee with broad representation will likely be formed to provide Mast
er Plan input, facilitated by PSP staff in coordination with the Master Plan consultant.

Typical input will be on a quarterly basis or other appropriate intervals/milestones in the process.

PSP also anticipates conducting public outreach workshops periodically to communicate progress and gather feedback from a broader audience. Finally, the consultant will utilize innovative, digital tools, in addi
tion to the palmspringsairport.com website, during the Master Plan study. PSP encourages teams to submit creative ideas and solutions in order to garner robust and effective public participation.

11. CEQA Analysis – Prepare and complete necessary studies and reports to comply with the California Environmental Quality Act (CE
QA).

Firms interested in being considered for the project must submit their qualifications and proposal by 5:00 PM (Pacific), August 22, 2022. RFPs must include the following information:

1. Name, size, description, and history of firm.

2. Location of main office and location of the office where work will be accomplishe d.

3. Qualifications and previous experience, including a list of former airport clients on similar projects within the past five years; and on‐time/within budget performance of the similar projects.

Information regarding work performed in communities with population less than 500,000 and in resort areas are welcomed.

4. Provide a listing of all sub‐consultants to be used, including responsibilities and qualifications for
each sub‐consultant.

5. List experience and methodology regarding civic engagement and community outreach in the airport master planning process. As part of experience, list participation levels of citizens, stakeholders, residents, etc. which you were abl e to successfully engage in the Master Plan process.

6. List experience integrating guiding documents into Master Plans. (See Guidance and Reference Documents list in Scope of Work)

7. Provide an organization chart with all identified firms and resumes of key personnel who will be assigned to complete the propos ed project, listing their roles and responsibilities and project approach.

8. List current workload by identifying other projects key personnel will be working on simultaneously with this project and how much time is projected to be dedicated to this project.

Item 3D - 8

9. Proposed methodology to achieve Disadvantaged Business Enterprise (DBE) participation in accordance with project funding requirements.

10. Time is of the essence on this Project; it is the intent of the Palm Springs International Airport to hold the 3 community master plan workshops starting in October of 2022 with delivery of draft Master Plan Elements/ch
apters to the City of Palm Springs by August 30th, 2023. Schedule of project timeline including kickoff Meeting, key milestones, outreach meeting schedule, and final delivery of Product.

11. Cost to complete the Study. Include current hourly rate schedules for firm personnel and sub‐ consultants working on this project and overall expected budgets for all associated tasks. PSP will be seeking fede
ral reimbursement for this cost.

12. Delineate the time and cost for each chapter/section of the Master Plan to be updated per proposed scope of work. Certain sections may be removed by PSP if the timing associated with those sections would cause the timing to be extended.

13. Provide any additional comments, which you may believ e to be relevant.

The selection process shall generally follow the process outlined in Chapter 2 of the FAA Advisory Circular 150/5100‐14D. The process for the evaluation of the responses to this request may also include an interview of candidates selected from the list of all respondents. Candidates of this pre‐selection list may be asked to make an oral presentation of 20 to 30 minutes regarding their services and then respond to questions by a review panel.

Partnering or teaming with local businesses and firms which provide public relation, outreach, engineering, planning or other products and skills pertinent to the Master Plan update, and where appropriate, will be considered fa
vorably but is not required.

Disadvantaged Business Enterprises (DBE’s) are encouraged to respond to this solicitation.

Community Outreach, Coordination, and Documentation
Civic Engagement and collaboration is a priority in the Master Plan Update effort. Adapting the guidelines of the International Association of Public Participation, the City commits itself to these standards for each of these approaches:
● Inform – “We will provide the public with balanced and objective information to assist them in understanding a problem, alternatives, opportunities an d/or solutions.”
● Consult – “We will collect public feedback on analysis, alternatives and/or decisions from our community.”
● Involve – “We will work directly with the public throughout the process to ensure that public concerns and aspirations are consistently understood and considered.” ● Collaborate – “We will par tner with the public in each aspect of the decision including the development of alternatives and identification of the preferred solution.” The Master Plan public outreach efforts should include significant citizen engagement activities where opportunities are provided for interchange and learning between staff, consultants and City of Palm Item 3D - 9
Springs constituents. Methods should be devised to reach out and engage unrepresented segments of our community. PSP’s ultimate aim is to have citizens and stakeholders connected to the process with a sense of investment in the results of the Plan. Of paramount importance will be that citizens feel the PSP listened and took acti on based on their comments and that the Master Plan process was worth their time and energy. A focus of this effort will be to understand the community’s current and future desires of what services the airport should provide and what it should become over the next 10 to 20 yea rs. An equally important question to ask as part of this process is what the community does not want the airport to become.

Prior to commencing project work, the selected consultant will conduct two half‐day strategy sessions with the Airport Commission to clarify and solidify goals and outcomes. With assistance from Airport staff and Airport Commissi
on, selected consultant will be expected to conduct3 in person workshops/open houses for the public early in the process. The staff may also require a virtual workshop format in addition to the in‐person workshops. Consultant will also be required to provide a website/microsite to in form, consult, involve, and collaborate with the public.

Item 3D - 10
Guidance and Reference Documents

1. FAA AC 150/5070 – Airport Master Plans

2. FAA AC 150/5300 – Airport Design

3. FAA AC 150/5060 – Airport Capacity & Delay

4. FAA AC 150/5325‐ Runway Length Requirements

5. 14 CFR Part 77 – Safe, Efficient Use, and Preservation of Navigable Airspace

6. FAA Order 5100 AIP Handbook

7. FAA Order 1050 Environmental Impacts

8. FAA Order 5050
Item 3D - 11

Palm Springs City CouncilJuly 28, 2022

Palm Springs City Council
July 28, 2022