Palm Springs City Council
September 1, 2022

Item 1I - 49

3. Order of Precedence
Participating Addendum No. 7-15-70-34-003
Dell Marketing, L.P.

In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply:

A. California Participating Addendum 7-15-70-34-003
B. Minnesota WSCA-NASPO Master Agreement MNWNC-108

4. Terms and Conditions
The California General Provisions - Information Technology (GSPD401 IT), revised and effective 09/5/14, is hereby incorporated by reference and made a part of this Participating Addendum. The 12 page document is available at:
http://www.documents.dgs.ca.gov/pd/poliproc/GSPD4011T14_0905.pdf.

5. Price List
Contractor shall maintain a website dedicated to this Participating Addendum which contains the Product and Service Schedule (PSS) and designated base line price list for participating entities to verify product/service pricing and applicable discounts offered under the Master Agreement.

6. Partner Utilization
A. Contractor may use Partners under this Participating Addendum for sales and service functions as defined herein. Each Purchasing Entity will determine whether use of Partners is consistent with its procurement policies and regulations.

B. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Partners. ·
C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements.

D. Partners are classified as follows:
1) "Authorized Reseller"
a. Authorized Resellers may provide quotes, accept purchase orders, fulfill purchase orders, perform maintenance/warranty services and accept payment from ordering agencies for products and associated services offered under this Participating Addendum.
b. Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements.
c. All purchase documents to Authorized Resellers shall reference the Participating Addendum Number.
d. If applicable, Authorized Reseller(s) under this Participating Addendum will be listed on the Contractor's dedicated website.

Item 1I - 50
2) "Agent"
Participating Addendum No. 7-15-70-34-003
Dell Marketing, L.P.
a. Agents are only authorized to provide quotes, sales assistance, configuration guidance and ordering support for products and associated services offered under this Participating Addendum.
· b. Agents are not authorized to accept orders or payments. c. If applicable, Agent(s) under this Participating Addendum will be listed on the Contractor's dedicated website.

7. Invoicing
The Participating Addendum Number arid Ordering Agency Purchase Order Number shall appear on each purchase order and invoice for all purchases placed under this Participating Addendum.

8. Usage Reporting
A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the WSCA-NASPO Detailed Sales report template.

B. The report is due even when there is no activity.

C. The report shall be an Excel spreadsheet transmitted electronically to the DGS mailbox at [email protected].

D. Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting corrected reports within five business days of the date of written notification from the State ..

E. Tax must not be included in the report, even if it is on the purchase order.

F. Reports are due for each quarter as follows:

Reporting Period Due Date
JUL 1 to SEP30 OCT31
OCT 1 to DEC 31 JAN 31
JAN 1 to MAR31 APR30
APR 1 to JUN 30 JUL 31
G. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this contract.

Item 1I - 51

9. Administrative Fee
Participating Addendum No. 7-15-70-34-003
Dell Marketing, L.P.

A. Contractor shall submit a check, payable to the State of California, remitted to the Department of General Services, Procurement Division for the calculated amount equal to one percent (0.01) of the sales for the quarterly period.

B. Contractor must include the Participating Addendum Number on the check. Those checks submitted to the State without the Participating Addendum Number will be returned to Contractor for additional identifying information.

C. Administrative fee checks shall be submitted to:

State of California
Department of General Services, Procurement Division
Attention: Multiple Awards Program
707 3rd Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
D. The administrative fee shall not be included as an adjustment to Contractor's Master Agreement pricing.

E. The administrative fee shall not be invoiced or charged to the ordering agency.

F. Payment of the administrative fee is due irrespective of payment status on orders or service contracts from a Purchasing Entity.

G. Administrative fee checks are due for each quarter as follows:

Reporting P~riod DueDate ·
JUL 1 to SEP30 OCT31
OCT1 to DEC31 JAN 31
JAN 1 to MAR31 APR30
APR 1 to JUN 30 JUL 31
H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this contract.

10. Contract Management
A. The primary contact individuals this Participating Addendum shall be as follows:

Contractor
Name: Amanda Hudson
Phone: (512) 723-6806
Fax: (512) 283-2691
E-Mail: Amanda [email protected]
Address: One Dell Way, Mailstop RR1-33 Legal
Round Rock, Texas 78682
Page4 of6
Item 1I - 52
,,, Participating Addendum No. 7-15-70-34-003
Dell Marketing, L.P.

State Contract Administrator
Name: Julie Matthews
Phone: (916) 375-4612
Fax: (916) 375-4663
E-Mail: [email protected]
Address: Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
B. Should the contact information for either party change, the party will provide written notice with updated information no later than ten business days after the change.

11. Termination of Agreement
The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible and intangible, as may facilitate the orderly, nondisrupted business continuation of each party. This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective.

12. Agreement
A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms.

B. By signing below Contractor agrees to offer the same products/and or services as on the Master Agreement, at prices equal to or lower than the prices on that contract.

C. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.

Item 1I - 53
,:- t,
Participating State:

STATE OF CALIFORNIA
By: C ~ 6✓ c:r~
Name: Jim Butler
Title: Deputy Director
Date: \() (( J\:S:
/
Participating Addendum No. 7-15-70-34-003
Dell Marketing, L.P.

Contractor:

DELL MARKETING, L.P.

By:

Name:

Title:

Date:

CITY COUNCIL STAFF REPORT
09/01/2022   1. J.

City Clerk -

SUBJECT

APPROVE A THREE-YEAR SERVICES AGREEMENT WITH EVERBRIDGE TO

PROVIDE EMERGENCY ALERTING SOFTWARE AND SERVICES
RECOMMENDATION:

Approve a three-year service agreement with Everbridge, Inc. to provide emergency alerting software and services for an amount not to exceed $50,715.

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

Attachments
Item 1J

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 1, 2022 CONSENT CALENDAR

SUBJECT: APPROVE A THREE- YEAR SERVICES AGREEMENT WITH

EVERBRIDGE TO PROVIDE EMERGENCY ALERTING SOFTWARE AND

SERVICES

FROM: Justin Clifton, City Manager

BY: Information Technology Department

SUMMARY:

This action will approve a service agreement with Everbridge, Inc. to provide emergency alerting software and services.

RECOMMENDATION:

1) Approve a three- year service agreement with Everbridge, Inc. to provide emergency alerting software and services for an amount not to exceed $50,715.

2) Authorize the City Manager to execute all documents.

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure Form for Everbridge Incorporated is included as Attachment A.

BACKGROUND:

The City utilizes the Everbridge software emergency notification system to provide timely and lifesaving information to residents, businesses, and visitors that register as users.

The emergency notifications alert this group regardless of their location and at no cost to them. Some examples of these alerts include fires and subsequent evacuations, shelter information following a major disaster, and several other public safety messages. The alerts can be set up to notify people by text, automated phone call, or e-mail. Everbridge is also used by the Engineering Department to notify registered users of road closures.

Item 1J - 1
City Council Staff Report
September 1, 2022-- Page 2
Approve Services Agreement – Everbridge, Inc.

STAFF ANALYSIS:

Ma
ss notification of residents is a critical and complex function. Since 2015 , Everbridge has provided these services and staff has spent considerable time and effort configuring the system, training staff, and communicating with the public on the operation of the system. The Everbridge system is also used internally by City staff for communication during emergencies and large events.

Two of the key reasons the City has remained with Everbridge are cost and familiarity of the community with the software. Everbridge costs the City approximately $17,000 per year, and similar software systems range between $30,000 and $50,000 per year for no measurable benefit in service. Residents and businesses in Palm Springs are familiar with Everbridge and considerable effort has been expended in communicating and training on the use of the system.

This purchase requires City Council approval in accordance with Municipal Code Title 7 adopted by Ordinance in July of 2021, which predicates approval levels based upon the cumulative value of contracts and continuous purchases of the same goods or services .

Since 2015 , the City has spent approximately $79,500 maintaining services with Everbridge. At this time, S taff is recommending approval of a three- year services agreement with Everbridge, Inc. (Attachment B) to provide emergency alerting software and services for an amount not to exceed $50,715 , resulting in a cumulative total of $130,215. During the contract term, the City will continue to explore options that are best suited to the needs of the City.

ENVIRONMENTAL ASSESSMENT
:

The r
equested 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:

Suf
ficient funds are budgeted and available in the current fiscal year in Information Technology Department Account 1001025 40105 and will be budgeted in future fiscal years.

Item 1J - 2
City Council Staff Report
September 1, 2022-- Page 3
Approve Services Agreement – Everbridge, Inc.

REVIEWED BY:

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

ATTACHMENTS:

A. Business Disclosure Form
B. Amendment to Service Agreement
C. Three-Year Renewal Quote
Item 1J - 3

ATTACHMENT A

Item 1J - 4
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any re sponse is not a natural person, please iden tify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner
F Other
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner
F Other
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner
F Other
Everbridge, Inc.
155 North Lake Ave, Ste 900 Pasadena, CA 91101-1849
CA C3100009
multiple state SOS filings
see attached
Item 1J - 5
I 7
-
D
l l
~
-
-
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

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

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [p e rcentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [p e rcentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [p e rcentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [p e rcentage 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

10.27%, The Vanguard Group

9.37% Select Equity Group, L.P.

5.50% BlackRock, Inc.

5.05% Sylebra Capital Limited
Item 1J - 6
155 North Lake Avenue, Suite 900
Pasadena, CA 91101
Phone: +1-818-230-9700
Fax: +1-818-230-9505

WWW.EVERBRIDGE.COM | © Everbridge, Inc. Confidential & Proprietary

Everbridge Board of Directors as of April 22, 2022
https://ir.everbridge.com/board-directors
Jaime Ellertson – Chairman
David Henshall – Vice Chairman
Richard D’Amore- Director
Alison Dean – Director
Bruns Grayson- Director
Kent Mathy- Director
Simon Paris – Director
Sharon Rowlands – Director

Item 1J - 7
~ everbridge·

ATTACHMENT B

Item 1J - 8
Amendment to
Service Agreement
This Amendment (“Amendment”) to the Everbridge, Inc. – Nixle Solutions Core Platform Service Agreement dated August 25, 2015 by and between Everbridge, Inc., a Delaware corporation (“Everbridge”), and The City of Palm Springs, successor-in- interest to Palm Springs Police De partment CA (“Client”) is effective as of the date of the Client’s signature below. All capitalized terms used herein without definition shall have their respective meanings set forth in the Agreement (as defined below).

WH
EREAS, Everbridge and Client previously entered into a service agreement for the provision of mass notification services (such agreement including any previous amendments, referred to as the “Agreement”); WHE
REAS, the Parties desire to amend the Agreement on and subject to the terms of this Amendment; NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, and other good and valuable consideration, the Parties agree to amend the Agreement as follows:

1. Term: The Term provision of the Agreement shall be deleted and replaced in its entirety as follows:

4. TERM. This Agreement shall begin on the Effective Date and shall continue in effect until all underlying Quotes with Client have expired in accordance with the terms of such Quote(s), or if this Agreement is terminated earlier as provided herein.

Services under an applicable Quote will begin as set forth in such Quote and shall continue for the initial term specified therein (“Initial Service Term”). If a Quote contains Services added to an existing subscription, such added Services shall be billed on a pro-rated basis and will be coterminous with the Initial Service Term or applicable renewal Service term (“ Renewal Term”), unless otherwise agreed to by the parties.

2. Governing Law: The Governing Law provision in Section 11.5 of the Agreement shall be amended to replace “State of Delaware” with “State of California”.

3. Remaining Terms. All other terms and conditions of the Agreement remain in full force and effect as amended by this Amendment.

IN W
ITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized representatives.

EVERBRIDGE, INC.

By ____________________________
Title ___________________________
Date ___________________________

THE CITY OF PALM SPRINGS
By
________________________________
Title ______________________________
Date ______________________________
Item 1J - 9

Nixle Core Platform Service Agreement- v1 lkd 2.25.15 1

Everbridge, Inc. –Nixle Solutions
Core Platform Service Agreement

This Core Platform Service Agreement ( “Agreement”) is
entered into by and between Everbridge, Inc. (“Everbridge”) and the client identified on the Quote (“Client”), effective on the date of Client’s signature on the Quote (“Effective Date”). Everbridge and Client are each hereinafter sometimes referred to as a “Party” and collectively, the “Parties”.

1. SERVICE. Everbridge shall provide Client access to its proprietary interactive communication service (s) (the
“Service(s)”) subject to the terms and conditions set forth in this Agreement and the description of services and pricing provided in the applicable quote (the “Quote”). If applicable, Everbridge shall provide the training and profess ional services set forth in the Quote. Everbridge shall provide Client with login and password information for each User (as defined below) and will configure the Service to contact the maximum number of persons or
households, applicable (each, a “Contact”).

2. PAYMENT TERMS. Client shall pay the fees set forth in the Quote (“Pricing”). If Client exceeds the usage levels specified in the Quote (if applicable), then Everbridge may invoice Client for any overages at the rates set forth in the applicable Quote .

Everbridge shall invoice Client annually in advance . All payments shall be made within thirty (30) days from date of invoice , after which interest shall accrue at a rate of one and one- half percent (1.5%) per month or the highest rate allowed by applicable law, whichever is lower . Such interest shall be in addition to any other rights and remedies of Everbridge. Unless otherwise provided, Pricing does not include any local, state, federal or foreign taxes, levies or duties of any nature , all of which Client is responsible for paying, except for those relating to Everbridge’s net income or property. If Everbridge is legally obligated to collect or pay taxes for which Client is responsible, the appropriate amount shall be invoiced to and paid by Client, unless Client provides a valid tax exemption certificate.

3. RESPONSIBILITIES.

3.1 Users. If Client has purchased Mass Notification or Incident Communications, Client shall in its discretion authorize certain of its employees and contractors to access that Service. If Client has purchased any other Service , Client shall authorize the number of users set forth on the Quote as applicable to that Service. Collectively, Client’s employees and contractor s who access any Service as provided above are referred to as “User(s)”. Client shall undergo the initial setup and training as set forth in with the Quote. If Client fails to complete the onboarding process within sixty (60) days of the Effective Date , unless such delay is the fault of Everbridge, Client must purchase any additional onboarding services.

3.2 Client Data. “Client Data” is all electronic data Client transmits to Everbridge in connection with the use of the Service.

Client shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Client Data.

By purchasing the Service, Client represents that it has the right to authorize and hereby does authorize Everbridge and its Service Providers to collect, store and process Client Data subject to the terms of this Agreement. “Service Providers” shall mean communications carriers, data centers, collocatio n and hosting services providers, short messaging services ( “SMS”) providers and content and data management providers that Everbridge uses in providing the Service. Client shall maintain a copy of all Client Contact data that it provides to Everbridge. Cl ient acknowledges that the Service is a passive conduit for the transmission of Client Data and any data submitted by Contacts, and Everbridge shall have no liability for any errors or omissions or for any defamatory, libelous, offensive or otherwise objec tionable or unlawful content in any Client Data or data submitted by Contacts, or for any losses, damages, claims, suits or other actions arising out of or in connection with any data sent, accessed, posted or otherwise transmitted via the Service by Client or Contacts.

3.3 Limitations on Use. Client is responsible for all
activity occurring under Client’s account(s) and shall comply with all applicable Privacy Laws (as defined below) and all other applicable U.S. laws and regulations in connection with Client’s use of the Services , including its provision of Client Data to Everbridge. Client shall use the Service in accordance with Everbridge’s then applicable Acceptable Use Policy posted on www.everbridge.com. Client shall promptly notify Everbridge of any unauthorized use of any password or account or any other act or omission that would constitute a breach or violation of this Agreement.

3.4 Security of Services . Everbridge’s IT security and compliance program includes the following industry standards generally adopted by U.S. based SaaS providers: (i) reasonable and appropriate technical, organizational and security measures against the destruction, loss, unavailability, unau thorized access or alteration of Client Data in the possession or under the control of Everbridge, including to ensure the availability of information following interruption to, or failure of, critical business processes; and (iii) a third party audit of its security controls as provided in the “Privacy and Security Compliance” link on www.everbridge.com. “Privacy Laws” means all state and federal laws and regulations regarding data protection and privacy.

4. TERM. This Agreement shall begin on the Effective Date and shall continue in effect until all underlying Quotes with Client have expired in accordance with the terms of such Quote(s), or if this Agreement is terminated earlier as provided herein. Services under a n applicable Qu ote will begin as set forth in such Quote and shall continue for the init ial term specified therein (“Initial Service Term”). If a Quote contains Services added to an existing subscription, such added Services shall be billed on a pro -rated basis and will be coterminous wi th the Initial Service Term or applicable r enewal Service term (“Renewal Term ”), unless otherwise agreed to by the parties. Except as set forth in an applicable Quote, or unless this Agreement is termi nated as provided herein , upon expiration of the term of any Quote, such Quote shall renew automat ically for successive subsequent periods of twelve (12) months unless either party notifies the other party of its intent to terminate at least thirty (30) days prior to the end of the then current term. Everbridge reserves the right to increase its fees in any Renewal Term by three percent (3%).

5. TERMINATION; SUSPENSION.

5.1 Termination by Either Party . Either Party may
terminate this Agreement upon the other Party's material breach of this Agreement, provided that (i) the non-breaching Party sends written notice to the breaching Party describing the breach in reasonable detail; (ii) the breaching Party does not cure the breach within thirty (30) days following its receipt of such notice (the "Notice Pe riod"); and (iii) following the expiration of the Notice Period, the non -breaching Party sends a second written notice to Item 1J - 10
~ everbridge c§::)nixle

AN EVERBRIDGE SOLUTION

2 the breaching Party indicating its election to terminate this Agreement.

5.2 Termination by Everbridge. If Client fails to pay any amounts due within thirty (30) days of their due date, Everbridge may terminate this A greement or suspend the Service in Everbridge’s sole discretion pursuant to the notice provisions above. Termination for non -payment shall not relieve Client of its outstanding obligations (including payment) under this Agreement.

If Everbridge suspends the Service, Client’s account shall not be reactivated until Client is in compliance with this Agreement and has paid all past due amounts plus a reconnection fee of up to $1,000.

5.3 Suspension. Everbridge may suspend the Service
or any portion thereof for (i) emergency network repairs, threats to, or actual breach of network security; (ii) any substantive violation by Client of Section 3 or 6.2; or (iii) any legal, regulatory, or governmental prohibition affecting the Service. In the event of a suspension under (i) or (iii), Everbridge shall use its best efforts to notify Client through its Client Portal and/or via email prior to such suspension and shall reactivate any affected portion of the Service as soon as possible.

6. PROPRIETARY RIGHTS.

6.1 Grant of License . Subject to the terms and
conditions of this Agreement, Everbridge hereby grants to Client, during the term of this Agreement, a non -exclusive, non - transferable, non-sublicensable right to use the Service .

6.2 Restrictions. Client shall use the Service solely for its internal business purposes and shall not make the Service available to , or use the Service for the benefit of, any third party except as expressly set forth in this Agreement. Client shall not (i) sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services except as expressly set forth herein; (ii) modify or make derivative works based upon the Services; (iii) reverse engineer the Services; (iv) create internet “links” to or from the Service, or “frame” or “mirror” any content forming part of the Service, other than on Client’s own intranets or social media sites for its own internal business purposes; (v) remove, obscure or alter any proprietary notices or labels on the Software or any portion of the Service; (vi) use, post, transmit or introduce any device, software or routine (including viruses, worms or other harmful code) which interferes or attempts to interfere with the operation of the Service ; or (vii) access the Service for purposes of monitoring Service availability, performance or functionality, or for any other benchmarking or competitive purposes. Client shall not attempt to access the Everbridge systems programmatically except using the
appropriate username and password, and using application programming interface (API) calls permitted by Everbridge from time to time.

6.3 Reservation of Rights . Other than as expressly set forth in this Agreement, Everbridge grants to Client no license or other rights in or to the Service, software or any other proprietary technology, material or information made available to Client through the Service or otherwis e in connection with this Agreement, including key words through the Nixle branded products (collectively, the “Everbridge Technology” ), and all such rights are hereby expressly reserved. Everbridge (or its licensors where applicable) owns all rights, title and interest in and to the Service, and any Everbridge Technology, and all patent, copyright, trade secret and other intellectual property rights ( “IP Rights”) therein, as well as (i) all feedback and other information provided to Everbridge by Users, Client and Contacts, and (ii) all transactional, performance , derivative data and metadata generated in connection with the S ervices.

7. CONFIDENTIAL INFORMATION.

7.1 Definition; Protection . As used herein,
“Confidential Information” means all information of a Party (“Disclosing Party” ) disclosed to the other Party (“Receiving Party”), whether orally, electronically, in writing, or by inspection of tangible objects (including, without limitation, documents or prototypes), that is desi gnated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure . Confidential Information includes without limitation, all Everbridge Technology , and either Party’s business and marketing plans, technology and technical information, product designs, reports and business processes. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obli gation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breac h of any obligation owed to the Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for a ny purpose other than performance or enforcement of this Agreement with out the Disclosing Party’s prior written consent. Receiving Party shall protect the confidentiality of Disclosing Party's Confidential Information in the same manner that it protects th e confidentiality of its own confidential information of like kind (but in no event using less than reasonable care). Receiving Party shall promptly notify Disclosing Par ty if it becomes aware of any breach of
confidentiality of Disclosing Party's Confiden tial Information. If Receiving Party is compelled by law to disclose Confidential Information of Disclosing Party, it shall provide Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party's cost, if Disclosing Party wishes to contest the disclosure.

7.2 Upon Termination. Upon any termination of this
Agreement, the Receiving Party shall continue to maintain the confidentiality of the Disclosing Party's Confidential Informat ion and, upon reques t and to the extent practicable, destroy all materials containing such Confidential Information.

Notwithstanding the foregoing, either Party may retain a copy of any Confidential Information if required by applicable law or regulation, in accordance with internal compliance policy, or pursuant to automatic computer archiving and back -up
procedures, subject at all times to the continuing applicability of the provisions of this Agreement.

8. WARRANTIES; DISCLAIMER.

8.1 Everbridge Warranty . Everbridge shall provide t he Services in material compliance with the functionality and specifications s et forth on the relevant product/system inclusion sheet. To the extent professional services are provided , Everbridge shall perform them in a professional manner consistent with industry standards . THE FOREGOING REPRESENT THE

ONLY WARRANTIES MADE BY EVERBRIDGE HEREUNDER

AND EVERBRIDGE EXPRESSLY DISCLAIM S ALL OTHER

WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,

STATUTORY, OR OTHERWISE, WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR
Item 1J - 11

3 PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.

8.2 Disclaimer. NEITHER EVERBRIDGE NOR ITS

LICENSORS OR SERVICE PROVIDERS WARRANT THAT THE

SERVICE WILL OPERATE ERROR FREE OR WITHOUT
INTERRUPTION. WITHOUT LIMITING THE FOREGOING, IN NO

EVENT SHALL EVERBRIDGE HAVE ANY LIABILITY FOR

PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY

DAMAGE ARISING FROM FAILURE OF THE SERVICE TO

DELIVER AN ELECTRONIC COMMUNICATION, HOWEVER

CAUSED AND UNDER ANY THEORY OF LIABILI TY, EVEN IF

EVERBRIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGE

8.3 SMS Transmission. CLIENT ACKNOWLEDGES

AND AGREES THAT THE U SE OF SMS SERVICES, ALSO

KNOWN AS SMS MESSAGING OR TEXT MESSAGING, AS A

MEANS OF SENDING MESSAGES INVOLVES A REASONABLY

LIKELY POSSIBILITY FROM TIME TO TIME OF DELAYED,

UNDELIVERED, OR INCOMPLETE MESSAGES AND THAT THE

PROCESS OF TRANSMITTING SMS MESSAGES CAN BE

UNRELIABLE AND INCLUDE MULTIPLE THIRD PARTIES THAT

PARTICIPATE IN THE TRANSMISSION PROCESS, INCLUDING

MOBILE NETWORK OPERATORS AND INTERMEDIARY
TRANSMISSION COMPANIES. CLIENT FURTHER

UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT IT

ASSUMES ALL RISK ASSOCIATED WITH ANY SUCH DELAY,
LACK OF DELIVERY OR INCOMPLETENESS.

9. INDEMNIFICATION.

9.1 By Client. Client shall defend, indemnify and hold
Everbridge harmless against any loss or damage (including reasonable attorneys’ fees) incurred in connection with any third party claim, suit or proceeding (“Claim”) arising out of any data sent, posted or otherwise transm itted via the Service by Client or Contacts, or Client’s breach of the tax provisions in Section 2 or any breach by Client of Sections 3 or 6.

9.2 By Everbridge . Everbridge shall defend, indemnify
and hold Client harmless from and aga inst any Claim against Client alleging that the Service as contemplated hereunder infringes an issued patent or other IP Right in a country in which the Service is provided to Client.

9.3 Indemnification Process . The indemnifying party’s obligations under this Section 9 are contingent upon the indemnified party (a) promptly giving notice of the Claim to t he indemnifying party once the C laim is known; (b) giving the indemnifying party sole control of the defense and settlement of the Claim (provided that the indemnifying party may not settle such Claim unless such settlement unconditionally release s the indemnified party of all liability and does not adversely affect the indemnified party’s business or service); and (c) providing the indemnifying party all available information and reasonable assistance. With respect to Everbridge’s indemnification obligations, if (x) any aspect of the Service is found or, in Everbridge’s reasonable opinion is likely to be found, to infringe upon the IP Right of a third party as specified abov e, or (y) the continued use of the Service is enjoined, then Everbridge will promptly and at its own cost and expense at Everbridge’s option:
(i) obtain for Client the right to continue using the Service; (ii) modify such aspect of the Service so that it is non-infringing; or (iii) replace such aspect of the Service with a non-infringing functional equivalent. If, after all commercially reasonable efforts, Everbridge determines in good faith that options (i ) - (iii) are not feasible, Everbridge will remove the infringing items from the Service and refund to Client on a pro- rata basis any prepaid unused fees paid for such infringing element. Everbridge shall have no obligation or liability for any claim pursuant to this Section to the extent arising from: (i) the combinations, operation, or use of the Service supplied under this Agreement with any product, device, or software not supplied by Everbridge to the extent the combination creates the infringement; ( ii) the unauthorized alteration or modification by Client of the Serv ice; or (iii) Everbridge’s compliance with Client's designs, specifications, requests, or instructions pursuant to an engagement with Everbridge’s Professional Services organization relat ing to the Service to the extent the claim of infringement is based on the foregoing. The indemnification obligations by Everbridge set forth herein shall be the exclusive remedy for infringement of any IP Right.

10. LIABILITY LIMITS. To the maximum extent permitted by law, neither Party shall have any liability to the other Party f or any loss of use, interruption of business, costs of substitute services, or any other indirect, special, incidental, punitive, or consequentia l damages, however caused, under any theory of liability, and whether or not the Party has been advised of the possibility of such damage. Except for its indemnification obligations under Section

9.2, notwithstanding anything in this Agreement to the contrary, in no event shall E verbridge’s aggregate liability , r egardless of whether any action or claim is based on warranty, contract, tort, indemnification or otherwise , exceed amounts paid or due by Client to Everbridge hereunder during the 12 month period prior to the event giving rise to such liability. The foregoing limitations shall apply even if the non -breaching party’s remedies under this Agreement fail their essential purpose.

11. MISCELLANEOUS.

11.1 Non-Solicitation. As additional protection for
Everbridge’s proprietary information, for so long as this Agreement remains in effect, and for one year thereafter, Client agrees that it shall not, directly or indirectly, solicit, hire or attempt to solicit any employees of Everbridge ; provided, that a general solicitation to the public for employment is no t prohibited under this section .

11.2 Force Majeure; Limitations. Everbridge shall not be responsible for performance under this Agreement to the extent precluded b y circumstances beyond Everbridge’s reasonable control, including without limitation acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, labor problems, computer, telecommunications, Internet service provider or hosting facility failures , or delays involving hardware, software or power systems, and network intrusio ns or denial of service attacks . The Service delivers information for supported Contact paths to public and private networks and carriers, but cannot guarantee delivery of the information to the recipients.

Final delivery of information to recipients is dependent on and is the responsibility of the designated public and private networks or carriers. Client acknowledges and agrees that territories outside the U.S. and Canada may have territorial restrictions resulting from applicable law, telecommunications or internet infrastructure limitations, telecommunications or internet service provider policies, or communication device customizations that may inhibit or prevent the delivery of certain SMS, text or other notifications, or restrict the ability to place or receive certain calls such as outbound toll free calls. Everbridge shall have no liability to the extent such restrictions impede the Service.

11.3 Waiver; Sev erability. The failure of either Party hereto to enforce at any time any of the provisions or terms of this Agreement shall in no way be considered to be a waiver of such provisions. If any provision of this Agreement is found by any court or other authori ty of competent jurisdiction to be invalid, illegal or Item 1J - 12

4 unenforceable, that provision shall, to the extent required, be deemed deleted or revised, and the remaining provisions shall continue in full force and effect to the maximum extent possible so as to give effect to the intent of the parties.

11.4 Assignment. Neither party may assign this
Agreement to any third party except upon the o ther Party’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, that no such consent shall be required in the event of an assignment a subsidiary or affiliate, or to a successor- in-interest to the business of the assigning P arty resulting from a merger, reorganization, or sale of all or substantially all assets .

Notwithstanding the above, Client shall not assign this Agreement to any third party which is a competitor of Everbridge .

11.5 Governing Law; Attorney’s Fees . This Agreement
shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of laws rules .

The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The prevailing party in any action arising out of this Agreement shall be entitled to its reasonable attorneys’ fees and costs.

11.6 Notices. Legal notices (i.e., claimed breach or
termination) to be provided under this Agreement shall be delivered in writing (a) in person , (b) by nationally recognized overnight delivery service, or (c) by US certified or first class mail to the other party at the address set forth on the Quote. All legal notices shall be deemed to have been given upon receipt or, if under (c) two (2) business days after being deposited in the mail.

Either party may change its address by giving notice of the new address to the other party pursuant to this Section and identifying the effective date of such change. Everbridge may provide all other notices to Client’s billing contact on the Client Registration Form or, with respect to availability, upgrades or maintenance of the Services, to the Client Portal.

11.7 Marketing. Client consents to Everbridge referencing Client’s name and logo as an Everbridge Client in Everbridge publications, its website, and other marketing materials.

11.8 Export Compliant. Neither Party shall export,
directly or indirectly, any technical data acquired from the other pursuant to this Agreement or any product utilizing any such data to any country for which the U.S. Government or any agency thereof at the time of export requ ires an export license or other governmental approval without first obtaining such license or approval.

11.9 Equal Employment Opportunity. Everbridge, Inc. is
a government contractor and is subject to the requirements of Executive Order 11246, the Rehabilitation Assistance Act and VEVRAA. Pursuant to these requirements, the Equal Opportunity Clauses found at 41 Code of Federal Regulations sections 60 -

1.4(a) (1-7), sections 60-250.4(a-m), sections 60-300.5 (1-11) and sections 60 -741.5 (a) (1 -6) are incorporated herein by reference as though set forth at length, and made an express part of this Agreement.

11.10 General. This Agreement, including its Exhibits and any Quote, constitutes the entire agreement between the Parties and supersede s all other agreements and understandings between the Parties , oral or written, with respect to the subject matter hereof , including any confidentiality agreements . This Agreement shall not be modified or amended except by a writing signed by both Parties. ANY NEW TERMS OR CHANGES

INTRODUCED IN A PURCHASE ORDER OR OTHER
DOCUMENT ARE VOID AND OF NO FORCE OR EFFECT.

EVERBRIDGE’S ACKNOWLEDGEMENT OF RECEIPT OF

SUCH DOCUMENT OR ACCEPTANCE OF PAYMENT SHALL

NOT CONS TITUTE AGREEMENT TO ANY TERMS OTHER
THAN THOSE SET FORTH IN THIS AGREEMENT. There are no
third party beneficiaries to this Agreement. Any right, obligation or condition th at, by its express terms or nature and context is intended to survive the termination or expiration of this Agreement, shall survive any such termination or expiration hereof. This Agreement may be executed in one or more counterparts, all of which together shall constitute one original document. A facsimile transmission or copy of the original shall be as effective and enforceable as the original.

Item 1J - 13

5 EXHIBIT A
Additional Business Terms
The following additional business terms are incorporated by reference into the Agreement as applicable based on the particular products and services described o n the Quote.

Nixle Branded Products:

1. Client grants to Everbridge a non-exclusive, royalty free, worldwide and perpetual right and license (including sublicense) to (a) use, copy, display, disseminate, publish, translate, reformat and create derivative works from communications Client sends through the Service or www.nixle.com for public facing communications to citizens and other public groups (collectively, “ Communications”), (b) use and displa y Client’s trademarks , service marks and logo s, solely as part of Communications to Contacts o r to and on other websites w here Everbridge displays your Communications , and for marketing the Services , and (c) place a widget on Client’s website in order to d rive Contact registrations. Client further acknowledges and agrees that all personal information from public users registering through the Nixle branded websites is owned expressly by Everbridge and such information will be governed by the Privacy Policy.

Everbridge Branded Products:
“Data Feed” means data content licensed or provided by third parties to Everbridge and supplied to Client in connection with the Service (e.g., real tim e weather system information and warnings , 911 data, third party maps , and situational intelligence).
“Incident Administrator” means an individual who is authorized by Client as an organizational administrator for the Incident Management or IT Alerting Service.
“Incident Operator” means an individual who is authorized by Client as an operator of the Incident Management or IT Alerting Service.
“Premium Features” means the products and services listed on the Premium Feature List attached to the Quote.

1. Data Feeds . Notwithstanding anything to the contrary in this Agreement, to the extent that Client has purchased or accesses Data Feeds, such feeds are provided solely on an “AS IS” and “AS AVAILABLE” basis and Everbridge disclaims any and all liability of any kind o r nature resulting from any inaccuracies or failures with respect to such Data Feeds. The sole and exclusive remedy for any failure, defect, or inability to access the content of such Data Feed shall be to terminate the Data Feed with no further payments due.

2. Incident Management /IT Alerting . For Clients purchasing t he Incident Management or IT Alerting Service, unless designated as unlimited : (a) Clients may only designate the number of Users set forth on the Quote, and such individuals shall only have the access rights pursuant to such designation and role; (b) Incident Administrators shall have the ability to build incident templates, report on incidents, and launch incident notifications; (c) Incident Operators shall only have the ability to launch or manage incidents; (d) IT Alerting Users shall have the ability to build, launch or manage incidents as well as participate in an on-call schedule to receive IT outage notifications, and (e) Client shall be provided the number of incident templates purchased pursuant to the Quote. If Client exceeds the number of Users or incident templates purchased, Client shall be charged the applicable fees then in effect for addi tional Users or incident t emplates, as applicable.

3. Peer to Peer Messaging . For Clients purchasing any secure peer to peer messaging solutions (“P2P Solutions”), Everbridge’s compliance with Privacy Laws includes compliance with the Health Insurance Portability and Accountabilit y Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”). Any Business Associate Agreement executed in connection with this Agreement shall be incorporated and made a part of this Agreement. Client a cknowledges and agrees that the P2P Solutions are intended to deliver non -critical, non-emergency messages between users as a convenience to facilitate communications and are not intended for or suitable for use in situations where a failure or time delay of, or errors or inaccuracies in, the content, data or information provided through the services could lead to death, personal injury or property damage. The P2P Solutions are provided on an “AS IS” and “AS AVAILABLE” basis. Technical difficulties or fail ures may occur at any time, and the solutions are used at your sole risk. The sole remedy for a failure of the P2P Solution is to terminate such services with no further payments due.

Item 1J - 14

6 EXHIBIT B
IPAWS- CMAS/WEA Addendum
This addendum is incorporated by reference into the Agreement as applicable based on the purchase of IPAWS - CMAS/WEA services on the Quote.

1. IPAWS Authorization: Client represents and warrants to Everbridge that any employee, agents, or representatives of Client who access IPAWS-OPEN using Client’s credentials provided by FEMA (each, an “IPAWS User”), are authorized by FEMA to use IPAWS-OPEN, have completed all required training, and Client has executed an IPAWS Memorandum of Agreement (“MOA”) with FEMA. Client shall cont act Everbridge immediately upon any change in Client or any IPAWS User’s right to access IPAWS -OPEN. Client shall only access IPAWS -OPEN using its designated credentials and FEMA issued digital certificate (“Digital Certificate”). Client acknowledges and agrees that Everbridge shall not have access to its credentials and that Client assumes full responsibility for maintaining the confidentiality of any credentials issued to it. Client shall be solely responsible for any and all claims, damages, expenses ( including attorneys’ fees and costs) that arise from any unauthorized use or access to IPAWS -OPEN.

2. Credentials: Client shall load and maintain within its Everbridge account Organization, its Digital Certificate, COG ID, and Common Name. Client authorizes and requests Everbridge to use the foregoing stored information to connect Client to IPAWS-OPEN.

3. Messaging: Client acknowledges and agrees that: (i) upon submission of messages to IPAWS-OPEN, Everbridge shall have no further liability for the distributio n of such message, and that the distribution through IPAWS -OPEN, including, but not limited to, delivery through the Emergency Alert System or the Commercial Mobile Alert System, is in no way guaranteed or controlled by Everbridge; (ii) Everbridge shall no t be liable as a result of any failure to receive messages distributed through IPAWS-OPEN; (iii) IPAWS may include additional features not supported through the Everbridge system, and Everbridge shall not be required to provide such additional features to Client; and (iv) Client shall be solely responsible and liable for the content of any and all messages sent through IPAWS -OPEN utilizing its access codes.

4. Term: Client acknowledges and agrees that access to IPAWS-OPEN shall be available once Client has provided Everbridge with the Digital Certificate and any other reasonably requested information to verify access to the system. Upon termination of the Agreement access to IPAWS -OPEN shall immediately terminate. In addition, Everbridge may immediately ter minate, without liability, access to IPAWS -OPEN, if Client breaches this Addendum, the MOA, or FEMA changes the IPAWS -OPEN system so that it materially change the business terms and/or feasibility for Everbridge to provide such access.

Item 1J - 15

ATTACHMENT C
Item 1J - 16

Prepared for:

Larry Klingaman
The City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs CA 92262
United States
Ph: (760) 904-5015
Fax: (760) 904-5018
Email: [email protected]

Quotation
Quote #: Q-112905
Date: 8/18/2022
Expires On: 9/2/2022
Confidential

Salesperson: Brendan Cahill
Phone:

Email: [email protected]

Contract Summary Information:

Contract Period: 36 Months
Contract Start Date: 7/1/2022
Contract End Date: 6/30/2025
Contact Summary:

Household Count: 18,500
Employee Count: 500

Item 1J - 17
~ everbridge®
155 North L.lke Avenue, Suite 900
Pas.aclena. CA 91101 USA
lei: + 1-818-23().9700
lax: +1·818,230-9505
vtww.e\lerbridge.com
Year 1

QTY DESCRIPTION PRICE
1 Mass Notification Base USD 12,992.38
1 Everbridge Community Engagement USD 0.00
1 Incident Management - Incident Communications USD 3,912.56 Year 1 TOTAL: USD 16,904.94
Year 2

QTY DESCRIPTION PRICE
1 Mass Notification Base USD 12,992.38
1 Everbridge Community Engagement USD 0.00
1 Incident Management - Incident Communications USD 3,912.56 Year 2 TOTAL: USD 16,904.94
Year 3

QTY DESCRIPTION PRICE
1 Mass Notification Base USD 12,992.38
1 Everbridge Community Engagement USD 0.00
1 Incident Management - Incident Communications USD 3,912.56 Year 3 TOTAL: USD 16,904.94
Setup

QTY DESCRIPTION PRICE
1 Calculated Set Up Fee USD 0.00
Setup TOTAL: USD 0.00
Pricing Summary:

Year One Fees: USD 16,904.94
One-time Implementation and Setup Fees: USD 0.00
Professional Services: USD 0.00
Total Year One Fees Due: USD 16,904.94

Ongoing Fees:

Year Two Fees: USD 16,904.94
Year Three Fees: USD 16,904.94

Item 1J - 18
Messaging Credits Summary:

Initial Credits Allowance Additional Credits Purchased Total Credits Year 1 2,000,000 0 2,000,000
Year 2 2,000,000 0 2,000,000
Year 3 2,000,000 0 2,000,000

1. Quote subject to the terms and conditions of the Master Services Agreement, including any amendments, executed between Everbridge, Inc. and the customer listed above.

2. Messaging Credits listed above can be used for Notifications and expire at the end of each year. Consumption of Messaging Credits in excess of these amounts in any year will incur additional charges

3. Subject to sales taxes where applicable.

4. Except for currency designation, the supplemental notes below, if any, supplied in this Quote are for informational purposes and not intended to be legally binding or override negotiated language of the Everbridge Inc. Master Service Agreement.

Page
3 of 4
Item 1J - 19

\AID1\
Please, Sign, Date and Return:

Signature:

\s2\

/s2_sign/

Date:

\d2\
/s2_signdate/

Name (Print):

\n2\
/s2_fullname/

Title:

\t2\
/s2_title/

Please, Sign, Date and Return:

Signature:

\s1\
/s1_sign/

Date:

\d1\
/s1_signdate/

Name (Print):

\n1\

/s1_fullname/

Title:

\t1\
/s1_title/

155 North Lake Avenue, Suite 900
Pasadena, CA 91101 USA
Tel: +1-818-230-9700
Fax: +1-818-230-9505

THANK YOU FOR YOUR BUSINESS!

Item 1J - 20

CITY COUNCIL STAFF REPORT
09/01/2022   1. K.

City Clerk -

SUBJECT

APPROVE A TWO-YEAR AGREEMENT WITH KRONOS INCORPORATED, A UKG

COMPANY, TO PROVIDE TIMEKEEPING SOFTWARE AND SERVICES FOR THE

PALM SPRINGS FIRE DEPARTMENT
RECOMMENDATION:

Approve a two-year service agreement with Kronos Incorporated, a UKG company, to provide Telestaff timekeeping software and services for Fire Department personnel for an amount not to exceed $92,189, subject to amendments and allowable inflation adjustments.

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

Attachments
Item 1K

CITY COUNCIL STAFF REPORT
DATE: SEPT
EMBER 1, 2022 CONSENT CALENDAR
SUBJECT: APPROVE A TWO-YEAR AGREEMENT WITH KRONOS

INCORPORATED, A UKG COMPANY, TO PROVIDE TIMEKEEPING

SOFTWARE AND SERVICES FOR THE PALM SPRINGS FIRE

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

This
action will approve a service agreement with Kronos Incorporated, a UKG company, to provide Telestaff timekeeping software for the Fire Department.

RECOMMENDATION:
1) Approv
e a two -year service agreement with Kronos Incorporated, a UKG company, to provide Telestaff timekeeping software and services for Fire Department personnel for an amount not to exceed $92,189 subject to amendments and allowable inflation adjustments.
2) Authorize the City Manager to execute all documents.

BUSINESS PRINCIPAL DISCLOSURE:

A cop
y of the Public Integrity Disclosure Form for Kronos Incorporated is included as Attachment A.

BACKGROUND:

The
City began utilizing Telestaff timekeeping software through Kronos for all Fire Department personnel in 2011. Kronos was eventually acquired by Ultimate Software Services and has the new name of UKG. Telestaff, the software provided through UKG, ensures minimum staffing levels are kept, provides the ability for staff to enter their time and leave requests, and track approvals.

Item 1K - 1
STAFF ANALYSIS:

The
City continues to utilize UKG Kronos timekeeping software for all Fire Department personnel. Staff has invested considerable time and training to use the system for Fire Department Personnel, and t he usage of the software is currently a requirement with in the Fire Safety and Fire Management MOU.

This purchase requires City Council approval in accordance with Municipal Code Title 7 adopted by Ordinance in July of 2021, which predicates approval levels based upon the cumulative value of contracts and continuous purchases of the same goods or services.

From inception to date, the City has spent approximately $175,000 maintaining Telestaff service with UKG. Staff is recommending approval of a two-year service agreement with UKG to provide Telestaff timekeeping software and services for an amount not to exceed $92,189 (Attachment B), resulting in a cumulative total of approximately $267,189.

ENVIRONMENTAL ASSESSMENT
:

The req
uested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. 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 r
equested action aligns with the City Council Priority 4D, Good Governance.

FISCAL IMPACT:

Suff
icient funds are budgeted and available in the current fiscal year in Information Technology Department Account 1001025 40105 and will be budgeted in future fiscal years.

REVIEWED BY:

Department Director: Larry Klingaman
Deputy City Manager: Jeremy Hammond
City Manager: Justin Clifton
ATTACHMENTS:

A. Busi
ness Disclosure Form
B. Two-Year Renewal Quote and Contract
Item 1K - 2

ATTACHMENT A

Item 1K - 3
900 Chelmsford Street
Lowell, MA 01851
Kronos Incorporated, dba in California as: Kronos Data Systems Incorporated Massachusetts
*Please see attached list of the Officers and Directors of Kronos Incorporated Item 1K - 4

1. 2.

3. 4.
5 .

Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Address of Entity (Principle Place of Business)
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? F Yes F No Type of Entity
.;;y Corporation Himited Liability Company F Partnership F Trust F 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 F Officer F Director F Member Hv'lanager
[name]
F General Partner F Limited Partner
F Other
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner
F Other
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner
F Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)
Kronos Acquisition Corporation
100% owned by Kronos Acquisition Corporation
to the best of my knowledge:

Brian A. Coopman
Director of Contracts & Procurement - Public Sector
8/12/2022
Item 1K - 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.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date 8~A-~~
(Revised 09 13 18)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

The Officers and Directors of Kronos Incorporated:

Title Individual Name Address
PRESIDENT Chris Todd 900 Chelmsford Street, Lowell, MA 01851 TREASURER John Butler 900 Chelmsford Street, Lowell, MA 01851 SECRETARY Chris Todd 900 Chelmsford Street, Lowell, MA 01851 VICE PRESIDENT Elizabeth McCarron 900 Chelmsford Street, Lowell, MA 01851 DIRECTOR Mark Julien 900 Chelmsford Street, Lowell, MA 01851 DIRECTOR John Butler 900 Chelmsford Street, Lowell, MA 01851

Item 1K - 6

ATTACHMENT B

Item 1K - 7

Support Services Quote

Quote Type: Subscription
Customer: PALM SPRINGS FIRE
Solution ID: 6105620
Payment Terms: Net 30 Days Contract #: 1189121 S25-MAR-22 Currency: USD Date: 12-AUG-2022
Customer PO Number: Prepared by: Karen Succi-siebrecht / US Hosting Bill To: PALM SPRINGS FIRE
300 NORTH EL CIELO RD
PALM SPRINGS CA 92262

UNITED STATES
Ship To: PALM SPRINGS FIRE
300 NORTH EL CIELO RD
PALM SPRINGS CA 92262

UNITED STATES
Contact: STACI KOLBECK
Email: [email protected]

CONTRACT SUMMARY
Contract Period: 24-JUL-2022 - 23-JUL-2024
Description Support Services Estimated Tax Subtotal
Software Support Services 37,665.54 0.00 37,665.54
Total 37,665.54 0.00 37,665.54
Annualized Contract Value: 19,175.26
The Annualized Contract Value is the value of the contract if all services are priced for 365 days. The Annualized Contract Value does not include estimated tax. Please note that this quote may include services priced for prorated periods.

IMPORTANT NOTES
Support Services are subject to applicable taxes. The tax amount shown on this quote is only an estimate. The actual tax due will be reflected on the invoice.

PALM SPRINGS FIRE KRONOS INCORPORATED
Signature:_______________________________________________ Signature:_______________________________________________ Name:___________________________________________________ Name:__________________________________________________

Title:_____________________________________________________ Title:____________________________________________________ Date:____________________________________________________ Date:____________________________________________________ Item 1K - 8
Ul<G
----
UKG Kronos Incorporated, A UKG Company 900 Chelmsford Street Lowell, MA 01851 +1800 225 1561 Support Services Quote

Quote Type: Subscription
Customer: PALM SPRINGS FIRE
Solution ID: 6105620
Payment Terms: Net 30 Days Contract #: 1189121 S25-MAR-22 Currency: USD Date:

Customer PO Number: Prepared by: Karen Succi-siebrecht / US Hosting Bill To: PALM SPRINGS FIRE
300 NORTH EL CIELO RD
PALM SPRINGS CA 92262

UNITED STATES
Ship To: PALM SPRINGS FIRE
300 NORTH EL CIELO RD
PALM SPRINGS CA 92262

UNITED STATES
Contact: STACI KOLBECK
Email: [email protected]

SOFTWARE SUPPORT SERVICES
Line Support Service
Level Covered Product License
Count Start Date End Date Duration (days)
1 Cloud Hosting UKG
TELESTAFF Per
Employee Per
Month
UKG TELESTAFF CONTACT MANAGER V7.1+ 75 24-JUL-2022 23-JUL-2023 365 2 Cloud Hosting UKG
TELESTAFF Per
Employee Per
Month
UKG TELESTAFF ENTERPRISE V7.1+ 75 24-JUL-2022 23-JUL-2023 365 3 Cloud Hosting UKG
TELESTAFF Per
Employee Per
Month
UKG TELESTAFF GATEWAY MANAGER V7.1+ 24-JUL-2022 23-JUL-2023 365 4 Cloud Hosting UKG
TELESTAFF Per
Employee Per
Month
UKG TELESTAFF GLOBAL ACCESS V7.1+ 75 24-JUL-2022 23-JUL-2023 365 5 Cloud Hosting UKG
TELESTAFF Per
Employee Per
Month
UKG TELESTAFF SMS MANAGER V7.1+ 75 24-JUL-2022 23-JUL-2023 365 6 Cloud Hosting UKG
TELESTAFF Per
Employee Per
Month
UKG TELESTAFF CONTACT MANAGER V7.1+ 75 24-JUL-2023 23-JUL-2024 366 7 Cloud Hosting UKG
TELESTAFF Per
Employee Per
Month
UKG TELESTAFF ENTERPRISE V7.1+ 75 24-JUL-2023 23-JUL-2024 366 8 Cloud Hosting UKG
TELESTAFF Per
Employee Per
Month
UKG TELESTAFF GATEWAY MANAGER V7.1+ 24-JUL-2023 23-JUL-2024 366 9 Cloud Hosting UKG
TELESTAFF Per
Employee Per
Month
UKG TELESTAFF GLOBAL ACCESS V7.1+ 75 24-JUL-2023 23-JUL-2024 366 10 Cloud Hosting UKG
TELESTAFF Per
Employee Per
Month
UKG TELESTAFF SMS MANAGER V7.1+ 75 24-JUL-2023 23-JUL-2024 366 Item 1K - 9
Ul<G
UKG Kronos Incorporated, A UKG Company 900 Chelmsford Street Lowell, MA 01851 +1800 225 1561 Support Services Quote

Line Support Service
Level Covered Product License
Count Start Date End Date Duration (days)
11 Cloud Hosting UKG
TeleStaff Base Fee
Per Month
UKG TELESTAFF CONTACT MANAGER V7.1+ 75 24-JUL-2022 23-JUL-2023 365 12 Cloud Hosting UKG
TeleStaff Base Fee
Per Month
UKG TELESTAFF ENTERPRISE V7.1+ 75 24-JUL-2022 23-JUL-2023 365 13 Cloud Hosting UKG
TeleStaff Base Fee
Per Month
UKG TELESTAFF GATEWAY MANAGER V7.1+ 24-JUL-2022 23-JUL-2023 365 14 Cloud Hosting UKG
TeleStaff Base Fee
Per Month
UKG TELESTAFF GLOBAL ACCESS V7.1+ 75 24-JUL-2022 23-JUL-2023 365 15 Cloud Hosting UKG
TeleStaff Base Fee
Per Month
UKG TELESTAFF SMS MANAGER V7.1+ 75 24-JUL-2022 23-JUL-2023 365 16 Cloud Hosting UKG
TeleStaff Base Fee
Per Month
UKG TELESTAFF CONTACT MANAGER V7.1+ 75 24-JUL-2023 23-JUL-2024 366 17 Cloud Hosting UKG
TeleStaff Base Fee
Per Month
UKG TELESTAFF ENTERPRISE V7.1+ 75 24-JUL-2023 23-JUL-2024 366 18 Cloud Hosting UKG
TeleStaff Base Fee
Per Month
UKG TELESTAFF GATEWAY MANAGER V7.1+ 24-JUL-2023 23-JUL-2024 366 19 Cloud Hosting UKG
TeleStaff Base Fee
Per Month
UKG TELESTAFF GLOBAL ACCESS V7.1+ 75 24-JUL-2023 23-JUL-2024 366 20 Cloud Hosting UKG
TeleStaff Base Fee
Per Month
UKG TELESTAFF SMS MANAGER V7.1+ 75 24-JUL-2023 23-JUL-2024 366 Support
Services Estimated Tax Subtotal
Software Support Services 37,665.54 0.00 37,665.54
Item 1K - 10
Ul<G
UKG Kronos Incorporated, A UKG Company 900 Chelmsford Street Lowell, MA 01851 +1800 225 1561

CITY COUNCIL STAFF REPORT
09/01/2022   1. L.

City Clerk -

SUBJECT

PURCHASE ARCTIC WOLF SECURITY OPERATIONS CLOUD AND CONCIERGE

SECURITY OPERATIONS CENTER
RECOMMENDATION:

In accordance with Section 7.09.010 of the Palm Springs Municipal Code, “Cooperative Purchasing Programs,” authorize the purchase of Arctic Wolf, a Security Operations Cloud and Concierge Security Operations Center from Savant Solutions of Sacramento, CA, pursuant to the Carahsoft NASPO ValuePoint Cooperative Purchasing Contract AR2472 (Savant Solutions, Inc is an authorized Carahsoft reseller) for an initial amount of $104,390 with an allowance of up to 10% additional cost (not to exceed $10,439); $101,707 for year two; and $107,809 for year three, for a total not to exceed $324,345.

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

Attachments
Item 1L

CITY COUNCIL STAFF REPORT
DAT
E: SEPTEMBER 1, 2022 CONSENT CALENDAR
SUBJECT: PURCHASE ARCTIC WOLF SECURITY OPERATIONS CLOUD AND

CONCIERGE SECURITY OPRATIONS CENTER
FROM: Justin Clifton, City Manager
BY: Information Technology Department
SUMMARY:

Thi
s action will authorize the purchase of Arctic Wolf Security Operations Cloud and Concierge Security Operations Center (AWS) from Savant Solutions. The proposed Arctic Wolf cybersecurity services will strengthen the Cit y’s cybersecurity posture and protect the City’s infrastructure and users from cyber threats.

RECOMMENDATION:
1) In
accordance with Section 7.09.010 of the Palm Springs Municipal Code , “Cooperative Purchasing Programs,” authorize the purc hase of Arctic Wolf, a Security Operations Cloud and Concierge Security Operations Center from Savant Solutions of Sacramento, CA, pursuant to the Carahsoft NASPO ValuePoint Cooperative Purchasing Contract AR2472 (Savant Solutions, Inc is and authorized Carahsoft reseller) for an initial amount of $104,390 with an allowance of up to 10% additional cost (not to exceed $10,439); $101,707 for year two; and $107,809 for year three, for a total not to exceed $324,345.
2) Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Sav
ant Solutions, Inc., is a California Corporation whose corporate officer is Caleb Kwong as CEO and President. The Public Integrity Disclosure Form is included as Attachment A.

BACKGROUND:

A cr
itical responsibility of the IT Department is to manage the City’s cybersecurity posture by reducing or preventing risks to the network, computer devices, and the City’s data. This Item 1L - 1
City Council Staff Report
September 1, 2022 – Page 2
Arctic Wolf Security Operations Cloud and Concierge Security Operations Center

work entails utilizing standard IT industry tools such as anti -malware software, firewalls, email spam filtering, identity management, and multifactor authentication. It also requires adherence to procedural and administrative best practices such as maintaining robust physical and logical security of network infrastructure, maintenance of backup systems, and patching operating systems on servers and personal computers with security updates, among other responsibilities.

While the City has not experienced a significant cybersecurity incident to date, due diligence is required to reduce the risks or impacts of future incidents. It is no longer a matter of “if” a breach, malware attack, or phishing incident will occur, but more about having tools in place for alerting staff when events do occur and having a remediation plan in place to return to an operational state within a reasonable timeframe. In addition, Cyber liability premiums have risen significantly recently and will continue to rise and adding a cyber security operations platform will help in raising the City’s cyber liability grade which could help in keeping premiums down.

STAFF ANALYSIS:

Recently, several cloud-based cybersecurity service providers have emerged. Each have their own unique ways of dealing with cyber threats, but the foundation of their service usually begins with continuously ingesting system logs and other cyber events. These events are analyzed and correlated to proactively respond to suspected incidents or anomalous events. Generally, agencies similar in size to the City of Palm Springs use methods of dealing with cybersecurity issues that range from ‘hoping nothing ever happens’ to having either on-premises or cloud-based managed security. In most cases, only large agencies with highly specialized IT departments have dedicated cybersecurity staff, and even those agencies utilize services similar to what is being recommended in this report.

Staff has researched several cloud-based cybersecurity services providers, which included demos and discussions with other agencies, and has concluded that AWS offers the most complete suite of cybersecurity tools with 24/7 monitoring and response, proactive response (5-minute average response time), and the ability to automatically block compr omised devices as soon as anomalies are detected. Even though a cooperative contract was used, staff contacted two additional vendors for quotes using the same NASPO ValuePoint Cooperative Purchasing Contract to ensure the lowest price. After receiving the additional quotes, staff has confirmed that Savant Solutions Inc. has provided the lowest cost for these needed 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 Item 1L - 2
City Council Staff Report
September 1, 2022 – Page 3
Arctic Wolf Security Operations Cloud and Concierge Security Operations Center

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 Account 1001025 - 40105 and will be budgeted in future fiscal years.

REVIEWED BY:

Procurement Manager: Kim Baker
Department Director: Larry Klingaman
Deputy City Manager: Jeremy Hammond
City Manager: Justin Clifton

ATTACHMENTS:

A. Business Disclosure Form
B. Quote

Item 1L - 3

ATTACHMENT A

Item 1L - 4

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

(Revised 09 13 18)

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)

Who Must File?

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

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 int erest. 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 applic ant 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.

Item 1L - 5

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

(Revised 09 13 18)

What Must I Disclose?

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

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

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

PENALTIES

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

Item 1L - 6

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered with Secretary of State

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

5. Type of Entity

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

6. Officers, Directors, Members, Managers , Trustees, Other Fiduc iaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity

_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other ____________________________________

_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other ____________________________________

_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other ____________________________________

Savant Solutions, Inc.
1030 G St., Sacramento, CA 95814
California
Caleb Kwong
Item 1L - 7
...,,
...,, ...,, ...,, ...,,

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

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

Signature of Disclosing Party, Printed Name, Title

Date

Caleb Kwong, CEO
7/14/22
Caleb Kwong
100%, Savant Solutions, Inc.

Item 1L - 8

ATTACHMENT B

Item 1L - 9
Quote#JU-081622-1
Date: 8/16/22
Terms: NET30
FOB: Destination
1030 G St. Valid for: 45 days
Sacramento, CA 95814 Shipping: Ground
(916) 836-8182
[email protected]
Bill To Ship To
City of Palm Springs City of Palm Springs
Attn: Accounts Payable Attn: Jason Underwood
3200 E Tahquitz Canyon Way 3200 E Tahquitz Canyon Way
Palm Springs, CA 92262-6959 Palm Springs, CA 92262-6959 Phone: Phone:

Line # Part No. Description Qty Unit Price Ext. Price NASPO Rate 1 AW-MDR-USER Arctic Wolf MDR user license 415 $122.00 $50,630.00 $190.00 2 AW-MDR-SE Arctic Wolf MDR server license 100 $122.00 $12,200.00 $190.00 3 AW-MDR-1YR Arctic Wolf MDR Log Retention - 1 year 515 $12.00 $6,180.00 $14.11 4 AW-MDR-O365 Arctic Wolf MDR Office 365 user license 500 $13.50 $6,750.00 $22.05 5 AW-MDR-2XX-S Arctic Wolf 200 Series Sensor 8 $1,900.00 $15,200.00 $2,940.00 6 AW-PLATFORM Arctic Wolf Platform Access 515 $9.00 $4,635.00 $14.70 7 AW-PLATFORM-BASE Arctic Wolf Base Platform 1 $355.00 $355.00 $14,250.00 8 AW-MDR-OB Arctic Wolf MDR Onboarding (One time fee) 50000 $0.15 $7,500.00 $0.15 9 AW-SHP Arctic Wolf Sensor Shipping (One time fee) 8 $117.50 $940.00 $117.60 Year 2 - $101,707
Year 3 - $107,809
Total 3 year - $313,906
Subtotal: $104,390.00
Notes: 6% increase on all line items on a 3 year contract Tax: $0.00 NASPO Contract# AR2472 Expires 9/15/26 Credit: $0.00
Shipping: $0.00
Total: $104,390.00
Thank you for giving Savant Solutions the opportunity to support you! Each order helps supports a non-profit in need.
www.SavantSolutions.net
Item 1L - 10

SAVANT SOLUTIONS
Your Trusted IT Advisor

CITY COUNCIL STAFF REPORT
09/01/2022   1. M.

City Clerk -

SUBJECT

APPROVE A ONE-YEAR SUBSCRIPTION AGREEMENT WITH LNRS DATA SERVICES, INC. IN THE AMOUNT OF $21,157 TO ACCESS CIRIUM DIIO MI, AN

INTERNET-BASED AIRLINE MARKETING AND OPERATIONS DATABASE, FOR

THE PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve a one-year subscription agreement with LNRS Data Services, Inc. in the amount of $21,157 to access CIRIUM DIIO Mi, an internet-based airline marketing and operations database, commencing on July 1, 2022, and ending on June 30, 2023.

Attachments
Item 1M

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 1, 2022 CONSENT CALENDAR

SUBJECT: A PPROVE A ONE-YEAR SUBSCRIPTION AGREEMENT WITH LNRS DATA SERVICES, INC. IN THE AMOUNT OF $21,157 TO ACCESS

CIRIUM DIIO MI, AN INTERNET -BASED AIRLINE MARKETING AND

OPERATIONS DATABASE, FOR THE PALM SPRINGS INTERNATIONAL

AIRPORT

FROM: Justin Clifton, City Manager

BY: Department of Aviation

SUMMARY:

This item will approve a one-year subscription agreement with LNRS Data Services, Inc., which allows Airport Staff to access an internet-based database providing domestic and international airline operational and marketing information for analysis and forecasting purposes (CIRIUM DIIO Mi).

RECOMMENDATION:

1) Approve a one-year subscription agreement with LNRS Data Services, Inc. in the amount of $21,157 to access CIRIUM DIIO Mi, an internet-based airline marketing and operations database, commencing on July 1, 2022 and ending on June 30, 2023 (Attachment A).

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure ( Attachment B) LNRS Data Services Inc. , trading as Cirium, is a Texas Corporation with a principal place of business at 3355 West Alabama, Suite 700, Houston, Texas 77098. The persons serving presently as directors of the corporation are Mark V. Kelsey, Kenneth E. Fogarty and Kenneth R. Thompson, II.

Ruben Kempeneer and Mike Malik are authorized contract signatories.

BACKGROUND:

The Airport has been subscribing to the DIIO Mi database for over a dozen years on an annual basis. This database gives the Airport crucial airline information of an operational nature such as schedule forecasting, aircraft equipment types, aircraft seat capacity, as Item 1M - 1
City Council Staff Report
September 1, 2022 – Page 2
Subscription to Cirium DIIO Mi database with LNRS Data Services, Inc.

well as marketing information including airline fares, market shares, load factors, etc. The data allows the Airport to generate countless reports and statistics and is used by the Airport Staff in Administration, Operations, Maintenance and Marketing, by Airport consultants and by Airport tenants.

STAFF ANALYSIS:

Cirium DIIO Mi is used by airlines and alliances, airports, and airport -city markets worldwide. It is the preferred tool of the top 18 airlines in North America and airlines comprising 77% of the world’s capacity. Cirium DIIO Mi is unique in the comprehensiveness of the data provided, and by selecting this product Staff is abiding by Section 7.05.030 of the City of Palm Springs Municipal Code as it pertains to special expertise procurement. The features and benefits exclusive to DIIO Mi are detailed under Attachment C and include:

• Dynamic tables in each dataset to allow users to design their own customi zed reports
• Information twenty years in the past and eleven months in the future • Weekly updates and notifications of changes in upcoming airline schedules • Straightforward and flexible reports on data from the U.S. Department of Transportation – (Origin & Destination, T-100 on board data) • Tools allowing the A irport to gauge air service market pair performance and understand best opportunities
• Reports and formats provided in a familiar format to current airline planners facilitating dialogue
• Demographic mapping and catchment areas mapper to tap potential markets

This purchase requires City Council approval in accordance with Municipal Code Title 7 adopted by Ordinance in July of 2021, which predicates approval levels based upon the cumulative value of contracts and continuous purchases of the same goods and services.

The agreement with LNRS Data Services has been renewed each year under the City Manager’s authority . Airport Staff is recommending City Council approval of the agreement for fiscal year 2022-23 in the amount of $21,157 and for a cumulative amount of $246,568.

ALIGNMENT WITH STRATEGIC PLANNING:

N/A.

FISCAL IMPACT:

Funds have been budgeted and are available for Fiscal Year 2022-23 in Airport Account 4157020.40105.

Item 1M - 2
City Council Staff Report
September 1, 2022 – Page 3
Subscription to Cirium DIIO Mi database with LNRS Data Services, Inc.

REVIEWED BY:

Procurement & Contracting Manager: Kim Baker
Department Director: Harry Barrett, Jr.

City Attorney: Jeffrey Ballinger
City Manager: Justin Clifton

ATTACHMENTS:

A. Subscription 2022-23 Amendment No.1 to Master Services Agreement B. Public Integrity Disclosure Form
C. Letter of Expertise
Item 1M - 3
ATTACHMENT 
^h^Z/Wd/KEϮϬϮϮͲϮϯD
ED
EdEK͘ϭ
dKD^d
Z^
Zs/
'Z

D
Ed
Item 1M - 4
DocuSign Envelope ID: 36DA7CA5-0A26-43C0-A105-4BDBA2417304 Cl�IUM
AMENDMENT NO. 1 TO MASTER SERVICES AGREEMENT
This Amendment No. 1 ("Amendment") is made effective as of 1 July 2022 ("Amendment Effective Date") by and between LNRS Data Services Inc, a Texas corporation (company number 151537) trading as Cirium ("Cirium"), and City of Palm Springs, California ("Customer''), and is made part of the Master Services Agreement entered into by and between Cirium and Customer on 1 July 2021 (together the "Agreement").

WHEREAS, the Customer wishes and Cirium agrees to extend the license for Services under the Agreement for an additional year, and hence the purpose of this Amendment is to amend Exhibit B to the Agreement, as set forth below.

WHEREAS, all capitalized terms not defined within this Amendment shall have the meanings set forth in the Agreement.

IN ACCORDANCE, with the terms and conditions of the Agreement, this Amendment shall be governed by the Agreement, and shall be made a part thereof.

NOW THEREFORE, in consideration of the mutual covenants set forth herein and the consideration set forth in the Agreement, from the Amendment Effective Date above, Cirium and Customer hereby agree as follows:

1. Exhibit B to the Agreement is deleted and replaced in its entirety, as attached below.

2. All other terms and conditions remain unchanged.

Any terms of the Agreement that are inconsistent with this Amendment shall be superseded by the applicable terms and conditions of this Amendment. Except as otherwise expressly amended hereby, the Agreement shall remain in full force and effect and is hereby confirmed and ratified in all respects.

IN WITNESS WHEREOF, the parties, by their duly authorized representatives, hereto have executed this Amendment No. 1 as of the day and year noted below:

AGREED:

City of Palm Springs
Signature
Harry Barrett, Jr.

Print or Type Name
Airport Executive Director
Title
6/30/2022
Date
,aa- LexisNexis·
� RISK SOLUTIONS GROUP
LNRS Data Services Inc
-�K
Signature
Ruben Kempeneer
Print or Type Name
Head of sales
Title
28-Jun-2022
Date

LNRS DATA SERVICES INC CONFIDENTIAL
Item 1M - 5
DocuSign Envelope ID: 36DA7CA5-0A26-43C0-A105-4BDBA2417304 Cl�IUM
Service Effective Date: July 1, 2022
Diio Service: Diio Mi

EXHIBIT B (AMENDED)

AUTHORIZED USER FEES
Diio Mi™ is an online look up tool for route and schedule analysis and forecasting. UI based data/analytics tool fulfilled through Diio internal tool.

Term: One (1) year from the Service Effective Date
Authorized Users and Fees for Term:

Number of permitted Authorized Users
Four (4) Users
Total Authorized User Fee for Term
(USD)
$21,157.00
Monthly Authorized User Payable Fees
(USD)
$1,763.08 per month
Payment Terms: Diio shall issue invoices for the Authorized User Fees Monthly, in advance. All fees shall be due within thirty (30) days from the invoice date. Payments made by wire transfer should include the wire transfer fee of the outgoing bank, in addition to the Authorized User Fee.

Invoicing Information: As detailed on invoice.

Invoices shall be addressed to Customer's primary contact, as follows:

Company: City of Palm Springs
Address: 3400 E. Tahquitz Canyon Way Ste 1, Palm Springs, CA, 92262 United States Contact: Caren Nelson
Email: [email protected]
Phone: 760-318-3807
� LexisNexis·
� RISK SOWTIONS GROUP LNRS DATA SERVICES INC CONFIDENTIAL Item 1M - 6

ATTACHMENT B

PUBLIC INTEGRITY DISCLOSURE FORM
Item 1M - 7
Item 1M - 8
DocuSign
Envelope
ID:

E7D0A5BA-0E29-48F9-8F93-9DA943C7F8C0

1. 2. 3. 4. 5.

Name
of
Entity
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
LNRS
Data
Services
Inc
Address
of
Entity
(Principle
Place
of
Business)
3355
West
Alabama,
Suite
700,
Houston,
Texas
77098,
USA
Local
or
California
Address
(if
different
than
#2)
State
where
Entity
is
Registered
with
Secretary
of
State
Texas
If
other
than
California,
is
the
Entity
also
registered
in
California?
i;::;i
Yes
n
No
Type
of
Entity
f2I
Corporation
D
Limited
Liability
Company
D
Partnership
D
Trust
D
Other
(please
specify)

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

If
any
response
is
not
a
natural
person,
please
identify
all
officers,
directors,
members,
managers
and
other
fiduciaries
for
the
member,
manager,
trust
or
other
entity
_R_u_b_e_n_K_e_m---=p'--e_n_e_e_r
___________
f21
Officer
D
Director
D
Member
D
Manager
[name]
D
General
Partner
D
Limited
Partner

Other
___________
_
_ M_i_k_e_M_a_l_ik
______________
f21
Officer
D
Director
D
Member
D
Manager
[na
D
General
Partner
D
Limited
Partner

Other
___________
_
__________________
D
Officer
D
Director
D
Member
D
Manager
[name]
(Revised
09 13
18)
D
General
Partner
D
Limited
Partner

Other
____________
_
CITY
OF
PALM

SPRINGS-
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Page
1 of
2 Item 1M - 9
DocuSign
Envelope
ID:

E7D0A5BA-0E29-48F9-8F93-9DA943C7F8C0

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

EXAMPLE JANEDOE
50%,
ABC

COMPANY,
Inc.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
A. RELX
100%
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
B.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
C.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
D.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entitv]
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
17-Aug-2022
~~s
Ruben
Kempeneer,
Head
of
Sales
Americas
(Revised
09 13
18)
CITY
OF
PALM

SPRINGS-
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Page
2 of
2 ATTACHMENT C

LETTER OF EXPERTISE
Item 1M - 10
Item 1M - 11
ClrtlUM
522 SW 5th Ave, Portland, OR 97209
Office: 503-821-8549
Features and Benefits Exclusive to Diio Mi

1. General Features
Diio Mi is the most user-friendly aviation data tool on the market, allowing novice data users to access meaningful aviation data quickly and effortlessly.
• Available 24/7 with a usemame and password, wherever there is access to the internet. • Diio Mi subscription fees are set by number of users; it's an all-you-can-eat buffet from there-the users can choose as much or as little of each report as they like, including data on their airport or any other airports they would like to analyze.
• Automatic graphing and charting capabilities available with many important reports display the data in charts for immediate placement into presentations, with users transferring data with a simple copy and paste between applications.
• Dynamic Tables in each dataset allow users to design their own customized reports. • Product support by route planning consultants who are actual product users. • Continual product improvements and new features, available to users at no additional charge. • The former airline planners at Diio designed Diio Mi to provide data and reports in formats just like current airline planners are used to seeing them.
• The Top 18 airlines in North America use Diio products, as do airlines comprising 77% of the world's capacity.

2. Schedule Data
Diio Mi schedules are updated every week, not monthly or even quarterly like some aviation data products. Access to timely information is critical in this unstable aviation environment. • Diio Mi provides historical worldwide schedule data back to January 2002. • Diio Mi provides future worldwide schedule data out eleven months. • Recent Changes report, highlighting changes in future schedules weekly as carriers load them. • Flight Connection reports allows users to check connectivity in carriers' hubs airports. • Worldwide schedule mapping utilities allow users to build presentations with colorful maps.

3. United States Department of Transportation (U.S. DOT) Data Diio Mi provides data from the U.S. DOT also found in other data sources, but its straightforward reports make analysis of complex data sources much easier for both expert and novice users, cutting straight to the pertinent data more directly than other data sources. • The raw data is filed by operating carrier-Diio reassigns the data from each operating carrier to the mainline carriers for whom they're flying.
• Origin and Destination (O&D) (DBIB) survey reports allow analysis of the data from differing views, such as at the itinerary level, by flight segment, by region, by point-of-origin, or by market share.

Item 1M - 12
• T-100 data and reports provide accurate and timely on board data for every sector served in and out of the U . S, providing important capacity, onboard, load factor, and cargo data. • Form 41 data and reports provide access to analyze U.S. carrier cost and performance data. • On-Time Performance data and reports are available to assess operational performance. • Diio estimates net O&D fares, as opposed to the gross fares reported in the raw data. • Airport report allows users to quickly check rankings of airports and markets, to understand next best opportunities. • Fare Bands report allows users to analyze the fares sold in a market at each point in the pricing spectrum, from the most expensive first-class tickets to free frequent flyer seats. • The Monthly Traffic report, which breaks quarterly data into months to make seasonality analyses easier.

4. Other Tools found only in Diio Mi
• Airline Performance report combines data from Schedule, U.S. DOT T-100 to estimate fare allocations for every segment in an airline's network, allowing users to assess an airline's relative health and profitability by route, compare the performance of various routes within an airline's network, or analyze the performance of competitors on the same route. • Demographic mapping utility allows users to show off their catchment area by displaying population density and average income within a user-defined range from any commercial airport in the U.S. or Canada. • The Demographics report also allows downloading of demographic data. • The Catchment Mapper allows demographics data to be displayed by drive time to the airport. • RouteGrader tool allows you to quickly gauge air service market pair performance in your market, to make informed decisions on the profitability of a route. Airports use the tool to look up level of competition on existing routes as well as understanding how you compare to other markets within your stage length.

S. FM Traffic, Scenario Planner, and Fleets found only in Diio Mi (may be available at an added cost) • Diio Mi FM international fare and market size data allows users to get estimates of traffic on non-U.S. carriers that aren't in DOT data.
• Diio Mi Fleet provides basics on the composition and orders of the airline fleet worldwide, based on data from Ascend. • Diio Mi Scenario Planner tool allows airport users to forecast the traffic of a single route to enable pitches to airlines. Diio Mi Scenario Planner is based on the APGNet QSI forecasting tool, which is used by most airlines in the Untied States.

CITY COUNCIL STAFF REPORT
09/01/2022   1. N.

City Clerk -

SUBJECT

ACCEPTANCE OF AIRPORT PASSENGER BOARDING BRIDGES, CITY PROJECT 19-34
RECOMMENDATION:

Accept the new passenger boarding bridges and associated improvements identified as Airport Passenger Boarding Bridges, City Project 19-34, as completed.

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Airport Passenger Boarding Bridges, City Project No. 19-34.

2. Attachments
Item 1N

CITY COUNCIL STAFF REPORT
DAT
E: SEPTEMBER 1, 2022 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF AIRPORT PASSENGER BOARDING BRIDGES, CITY PROJECT 19-34
FROM: Justin Clifton, City Manager
BY: Engineering Services Department
SUMMARY:

For
mal City Council acceptance of the construction of passenger boarding bridges at the Palm Springs International Airport, known as Airport Passenger Boarding Bridges, City Project 19-34, is required to document the completion of the public works improvem ents and to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.

RECOMMENDATION:

1. Ac
cept the new passenger boarding bridges and associated improvements identified as Airport Passenger Boarding Bridges , City Project 19 -34, as completed; and

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Airport Passenger Boarding Bridges, City Project No. 19-34 (“Project”).

BACKGROUND:

On O
ctober 22, 2020, the City Council awarded a construction contract to John Bean Technologies Corporation (“Contractor”) in the amount of $7,042,945 for the Passenger Boarding Bridges Project.

STAFF ANALYSIS:

The n
otice to proceed with c onstruction of the Project was issued to the C ontractor on January 19, 2021, with the manufacturing of the passenger boarding bridges having very long lead times . The passenger boarding bridges were installed and put into service at different times, with the last remaining punch-list items substantially completed in July of 2022.

Item 1N - 1
City Council Staff Report
September 1, 2022 -- Page 2
Acceptance of Airport Passenger Boarding Bridges, CP 19-34 During the Project, seven contract change orders were issued totaling $459,967.72. The change orders included items such as spare parts, preparing and painting the fixed walkways to match the new bridges, upgraded feeder cabling to P assenger Boarding Bridges 7 and 10, and installation of fiber optic cables.

Copies of the seven change orders are included as Attachment A.

The final construction cost of the P roject increased by $ 459,967.72 from the original awarded contract amount of $7, 042,945, for a total final contract amount of $7,502,912.72. This represents a 6. 13% net increase to the contract price. Funding for the increased costs were budgeted and available from the Airport Fund 416.

Staff recommends the City Council accept the Project as required by Section 9200 of the C
alifornia Civil Code, and authorize the City Engineer to file and record a Notice of Completion to be submitted to the County, included as Attachment B.

ENVIRONMENTAL ASSESSMENT:

In ac
cordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Airport Passenger Boarding Bridges Project, City Project 19- 34, is considered categorically exempt from CEQA. A Notice of Exemption was filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

Thi
s item aligns with City Council Priority “Community Infrastructure”, specifically 3A, Improve City Facilities.

FISCAL IMPACT:

The C
ity is holding retention funds in the amount of $375,145.63 for the Contractor, pending acceptance of improvements and filing of the Notice of Completion with the County Recorder’s Office.

REVIEWED BY:

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

A. Change Orders
B. Notice of Completion
Item 1N - 2
Attachment A
Item 1N - 3
Item 1N - 4
• •

CITY OF PALM SPRINGS CHANGE ORDER
City Project No. 19-34 Passenger Boarding Bridges
Bid Schedules A and Additive Bid Schedule A
Change Order Number:

Date:

One (1)
04/27/2021
Contractor: John Bean Technologies Corporation

CHANGE ORDER SUMMARY
John Bean included value engineering options in their bid proposal for the City and airport to consider. City and airport staff evaluated the value engineering options and agreed to proceed with Cutler Hammer operators in lieu of the Allen Bradley operators as the Cutler Hammer operators will provide the same functionality with no loss in equipment quality.

City and airport staff also agreed to utilize HMI screens in lieu of a hard button bridge operating system as the HMI screens will provide a user-friendly experience and will be much more effective during operation and maintenance of the passenger boarding bridges.

The project specifications did not include provisions to modify existing walkway interior panels to match the new passenger boarding bridges. The change to install new interior wallboards will address the aesthetic deficiency in transitioning from the walkways to the new passenger boarding bridges. Spare parts were requested as part of the bid submission for the airport to evaluate as part of the project. City Council approved a funding allocation to acquire spare parts as part of the project through a change order.

CHANGE ORDER COST BREAKDOWN

QTY DESCRIPTION UNIT UNIT PRICE AMOUNT
Value engineering option-Replace Allen Bradley
1 operators with Cutler Hammer operators for all 8 LS -$44,000.00 -$44,000.00 bridoes.

Value engineering option -Replace passenger
1 boarding bridge hard button operating layout with LS -$14,400.00 -$14,400.00 new HMI touchscreens for all 8 bridaes.
1 Install new interior wallboards to the walkways for
Gates 6, 7, 8, and 1 0 to match new passenger LS $34,717.00 $34,717.00 boarding bridoe interiors.
1 Passenger boarding bridges spare parts. LS $65,691.72 $65,961.72 Total: $42,278.72

Item 1N - 5
CP 19-34 Passenger Boa g Bridges
Contractor Change Order No. 01
April 27, 2021
CHANGES TO CONTRACT TIME:

There will be zero (0) changes to contract time.

SOURCE OF FUNDS:

Funds are available through Account #416-6601-56211.

Summary of Costs:

Revised Contract Amount:

Contractor
Approved By:
•
5/11/21
John Be n Technologies Corporation, Inc. Date
City of Palm Springs Jeff Wheeler, Site Controller
Recommended By: __ 1 ___ ,Ad~~~'f&~~:;....r;....&.------------------:f..:.../i=---t 'f..:...h..:.. •• 1_ UlisesAguJrref'Executive Director PSP Date
%-✓~ oel Montalvo, City Engineer
r-J'f-'L(
Date
Approved By: ,, .,./---11~1+---'-L~_f:_,_,Afl.i£..........,...,. _____ ..,..0,_,_/_14/....;.;...._of......_ W Ju t~n, C~er Date
Attest By:

Distribution:

Original Conformed Copy:

Contractor (1}
Engineering Pay File (1)
Date
Conformed Electronic File Copy:

Project Correspondence File
Sr. Inspector

APPROVED AS TO FORM

APPROVED BY Cm' COUNCIL
/tV-;,~/4~ /78nS8 A f/6/8
Item 1N - 6
.. DUPLICAl-E

ORIGINAL

CITY OF PALM SPRINGS CHANGE ORDER
City Project No. 19-34 Passenger Boarding Bridges
Bid Schedules A and Additive Bid Schedule A
Change Order Number:

Date:

Two (2)
06/16/2021
Contractor: John Bean Technologies Corporation

CHANGE ORDER SUMMARY
The project specifications did not include provisions to modify existing exterior walkways to match the new passenger boarding bridges. This change is to pressure wash the fixed walkways at Gates 6, 7, 8 and 10, and paint the walkways the same color as the new passenger boarding bridges. This scope includes mechanical grinding and a rust inhibitive sealer to address rusted areas on the walkways. All metals on the fixed walkways are to receive a prime coat or 2-part epoxy and two finish coats of a two-part aliphatic urethane in the color to match the passenger boarding bridges.

CHANGE ORDER COST BREAKDOWN

QTY DESCRIPTION
Repaint existing fixed walkways at Gates 6, 7, 8
1 and 1 O to match the new passenger boarding
bridges.

CP 19-34 Passenger Boarding Bridges
Contractor Change Order No. 02
June 16, 2021

UNIT UNIT PRICE AMOUNT
LS $59,474.00 $59,474.00
Total: S59.474.00
Item 1N - 7
CHANGES TO CONTRACT TIME:

There will be zero (0) changes to contract time.

SOURCE OF FUNDS:

Funds are available through Account #416-6601-56211.

Summary of Costs:

Oriainal Contract Amount: $7,042 945.00 Original Completion:

This Chanae Order: $59,474.00 Days Added:

Previous Chanae Orders: $42,278.72 Previous Days Added:

Revised Contract Amount: $7 144,697.72 Revised Completion:

Contractor
Approved By: ·~~✓ 'jeeanecnologiesCorporation, Inc.

City of Palm Springs
Recommended By:

Approved By:

Attest By:

Distribution:

Brian DeRoche, President -Jetway Systems
Ul~ve Director PSP
290 Work Davs
0 Work Davs
0Work Davs
290 Work Davs
6/17/2021
Date
Date
Date
Date
Date
Original Conformed Copy: Conformed Electronic File Copy:

Contractor ( 1 )
Engineering Pay File (1)

Project Correspondence File
Sr. Inspector
Item 1N - 8

CITY OF PALM SPRINGS CHANGE ORDER
City Project No. 19-34 Passenger Boarding Bridges
Bid Schedules A and Additive Bid Schedule A
Change Order Number:

Date:

Contractor:

CHANGE ORDER SUMMARY
Three (3)
08/25/2021
John Bean Technologies Corporation
This is an airport requested change to convert the keyed 3-position switch (auto-off­ autolevel) to a knob switch on each passenger boarding bridge console. This includes the installation of contactors to enable the operator to use the HMI to log in with a code to operate the passenger boarding bridge. This change is to be implemented on all 8 new passenger boarding bridge operator consoles.

CHANGE ORDER COST BREAKDOWN

QTY DESCRIPTION UNIT UNIT PRICE AMOUNT
Remove key selector switch and install a new knob
switch and contractors on all 8 passenger boarding
1 bridges. Includes all materials and labor required to enable the operator to use the HMI to log in with a
code to ooerate each 0assenaer boardina bridae.

CHANGES TO CONTRACT TIME:

There will be zero (0) changes to contract time.

SOURCE OF FUNDS:

Funds are available through Account ##416-6601-56211.

Summary of Costs:

LS
Oriainal Contract Amount: $7 042,945.00 Oriainal Comoletion:

This Chanae Order: $8,587.00 Davs Added:
$8,587.00 $8,587.00
Total: $8,587.00
290 Work Davs
O Work Davs
Previous Chanae Orders: $101 752.72 Previous Davs Added: OWork Davs Revised Contract Amount: $7 153,284.72 Revised Comoletion:

CP 19-34 Passenger Boarding Bridges
Contractor Change Order No. 03
August 25, 2021

290 Work Days
Item 1N - 9
Contractor
Approved By:

City of Palm Springs
Recommended By:

Ulises Aguirre,E utive Date
?-7-z.,f
Approved By:

I Montalvo, City Engineer
Ju tin ~ cl:tlt:ger
Date
Date
Attest By:

Distribution:

Original Conformed Copy:

Contractor (1)
Engineering Pay File (1)
CP 19-34 Passenger Boarding Bridges
Contractor Change Order No. 03
August25,2021

Conformed Electronic File Copy:

Project Correspondence File
Sr. Inspector

APPROVED BY CITY COUNCIL
ftJ/22/tt?tR 5/2, ,t?tf///J'
V ;:

Item 1N - 10

CITY OF PALM SPRINGS CHANGE ORDER
City Project No. 19-34 Passenger Boarding Bridges
Bid Schedules A and Additive Bid Schedule A
Change Order Number:

Date:

Four (4)
09/20/2021
Contractor: John Bean Technologies Corporation

CHANGE ORDER SUMMARY
This is an airport requested change for additional training for maintenance and operations staff on the passenger boarding bridges and associated equipment.

CHANGE ORDER COST BREAKDOWN

QTY DESCRIPTION
1 All inclusive additional training for the passenger
boardino bridaes and associated eQuipment.

CHANGES TO CONTRACT TIME:

There will be zero (0) changes to contract time.

SOURCE OF FUNDS:

Funds are available through Account #416-6601-56211.

Summary of Costs:

UNIT
LS
Oriainal Contract Amount: $7,042,945.00 Oriainal Completion:

This Chanae Order: $4,274.00 Davs Added:

UNIT PRICE AMOUNT
$4,274.00 $4,274.00
Total: $4,274.00
290 Work Davs
O Work Davs
Previous Chanae Orders: $110,339.72 Previous Davs Added: 0 Work Davs Revised Contract Amount: $7,157,558.72 Revised Comoletion:

CP 19-34 Passenger Boarding Bridges
Contractor Change Order No. 03
September 20, 2021

290 Work Davs
Item 1N - 11
Contractor
Approved By:

Jo~Corporation, Inc.
'ffz,)zJ
Date
City of Palm Springs
Recommended By:

Approved By:

Attest By:

Distribution:

Original Conformed Copy:

Contractor ( 1 )
Engineering Pay File (1)
CP 19-34 Passenger Boarding Bridges
Contractor Change Order No. 03
September 20, 2021

10/1 P/2-1
Date
Jo-J'{-'2... (
Date
Date
Date
Conformed Electronic File Copy:

Project Correspondence File
Sr. Inspector
Item 1N - 12

CITY OF PALM SPRINGS CHANGE ORDER
City Project No. 19-34 Passenger Boarding Bridges
Bid Schedules A and Additive Bid Schedule A
Change Order Number:

Date:

Five (5)
09/23/2021
Contractor: John Bean Technologies Corporation

CHANGE ORDER SUMMARY
This is a City requested change for the removal of existing walkway floors and the installation of new walkway floors at the fixed walkways at Gates 6, 7, 8, and 10. The existing walkway floors in their current condition are unsuitable to receive the new walkway flooring.

CHANGE ORDER COST BREAKDOWN

QTY DESCRIPTION
Walkway subfloor replacement at the fixed
walkways at Gates 6, 7, 8, and 10. This includes all
1 labor, materials, equipment, tools, supplies,
services, supervision, and other necessary
incidentals to complete the scooe of work.

CHANGES TO CONTRACT TIME:

There will be zero (0) changes to contract time.

SOURCE OF FUNDS:

Funds are available through Account #416-6601-56211.

Summary of Costs:

UNIT
LS
Oriainal Contract Amount: $7,042,945.00 Oriainal Completion:

This Chanoe Order: $18,816.00 Days Added:

UNIT PRICE AMOUNT
$18,816.00 $18,816.00
Total: $18,816.00
290 Work Davs
0 Work Days
Previous Chanae Orders: $114,613.72 Previous Days Added: 0 Work Davs Revised Contract Amount: $7,176,374.72 Revised Completion:

CP 19-34 Passenger Boarding Bridges
Contractor Change Order No. 03
September 20, 2021

290 Work Davs
Item 1N - 13
r
Contractor
Approved By:

City of Palm Springs
Recommended By:

Approved By:

Attest By:

Distribution:

Original Conformed Copy:

Contractor (1)
Engineering Pay File (1)
~~ Corporation, Inc.

Ulises Aguirre,xecutive Director PSP
I Montalvo, City Engineer
in)lafci~r
Date
Date
\..'-/ a 1 ,Jt
Date
Conformed Electronic File Copy:

Project Correspondence File
Sr. Inspector
CP 19-34 Passenger Boarding Bridges
Contractor Change Order No. 05
September 20, 2021

Item 1N - 14

CITY OF PALM SPRINGS CHANGE ORDER
City Project No. 19-34 Passenger Boarding Bridges
Bid Schedules A and Additive Bid Schedule A
Change Order Number:

Date:

Six (6)
12/09/2021
Contractor: John Bean Technologies Corporation

CHANGE ORDER SUMMARY
This is a City requested change to upgrade the feeder cabling to the passenger boarding bridges at Gates 7 and 10. The project specifications indicated that Gates 7 and 10 had 600A capacity and electrical upgrades were not required at these gates. While the existing breakers at the panel are 600A, the existing feeder cables were found to be inadequate to support 600A. The second component of this change order is to compensate for the difference not accounted for in Change Order #5 as the quotation included in Change Order #5 only included the subcontractor's cost and not the prime contractor's cost for the additional work.

CHANGE ORDER COST BREAKDOWN

QTY DESCRIPTION
Upgrade feeder cabling to the passenger boarding
bridges at Gates 7 and 10. This includes all
1 labor, materials, equipment, tools, supplies,
services, supervision, and other necessary
incidentals to comolete the scope of work.

Compensation for the difference not remunerated
2 between the prime contractor's proposal and the
subcontractor's proposal on Change Order #5.

CHANGES TO CONTRACT TIME:

There will be zero (0) changes to contract time.

SOURCE OF FUNDS:

Funds are available through Account #416-6601-56211.

CP 19.34 Passenger Boarding Bridges
Contractor Change Order No. 06
December 09, 2021

UNIT UNIT PRICE AMOUNT
LS $269,201.00 $269,201.00
LS $4,896.00 $4,896.00
Total: $274,097.00
Item 1N - 15
Summary of Costs:

Original Contract Amount:

This Change Order:

Previous Chanae Orders:

Revised Contract Amount:

Contractor
Approved By:
$7,042,945.00 Oriainal Comoletion: 290 Work Davs
$274,097.00 DavsAdded: 0 Work Days
$133,429.72 Previous Davs Added: O Work Davs
$7,450,471.72 Revised Comoletion: 290 Work Days
~es Corporation, Inc. Oat~
City of Palm Springs
Recommended By: AG9:a i;-' l,JT\IWLlff' ~ itU. 1>,ISo.-rotZ, a• a,.~} o"1 "J. Ulises Aguirre, Executive Director PSP Date
1>•"' o t v"_.,;:;a;...~!.....a: ,.____,:;,:?:;...::.;;...;:;. 7"'-__ /'1-------...L.......::..-;;;____ -~~ /-J-ZL.

Approved By:

Attest By:

Distribution:

Original Conformed Copy:

Contractor (1)
Engineering Pay File (1)
el Montalvo, City Engineer Date

SIGNED IN COUNTERPART
Justin Clifton, City Manager

SIGNED IN COUNTERPART
Anthony J. Mejia, City Clerk
Date
Date
Conformed Electronic File Copy:

Project Correspondence File
Sr. Inspector

APPROVED AS TO FORM

SIGNED IN COUNTERPART

CITY ATTORNEY
CP 19-34 Passenger Boarding Bridges
Contractor Change Order No. 06
December 09, 2021

Item 1N - 16
Summary of Costs:

Oriainal Contract Amount:

This Chanae Order:

Previous Chanae Orders:

Revised Contract Amount:

Contractor
Approved By:

City of Palm Springs
Recommended By:

Approved By:

Attest By:

Distribution:

Original Conformed Copy:

Contractor ( 1)
Engineering Pay File (1)
$7 .042 945.00 Oriainal Completion:
$274 097.00 OavsAdded:
$133429.72 Previous Davs Added:
$7.450 471.72 Revised Comoletion:
~les Corporation, Inc.

Ulises Aguirre, Executive Director PSP
290 Work Davs
OWorkDavs
OWorkDavs
290 Work Davs
J:J. .~-, • .).,
Date
1-J -~z....

Date
Date
te
Conformed Electronic File Copy:

Project Correspondence File
Sr. Inspector

APPROVED AS TO FORM
9a,#D~ OTYATTORNE
CP 19-34 Passenger Boarding Bridges
Contractor Change Order No. 06
December 09, 2021
Page2of2
Item 1N - 17

CITY OF PALM SPRINGS CHANGE ORDER
City Project No. 19-34 Passenger Boarding Bridges
Bid Schedules A and Additive Bid Schedule A
Change Order Number:

Date:

Seven (7)
04/04/2022
Contractor: John Bean Technolog ies Corporation

CHANGE ORDER SUMMARY
The project specifications indicated that John Bean Technologies Corporation (JBT) scope of work ended at the building face. Each boarding gate requires fiber optic cable to be routed all the way to the IDF room in the Bono Concourse. The proposed change order will complete the routing of the fiber optic cables from the boarding gate camaras and terminate them at the IDF room.

CHANGE ORDER COST BREAKDOWN

QTY DESCRIPT ION UNIT UNIT PRICE AMOUNT
Provide and install Fiber optic cable from the R1
box at each bridge to the IDF room. The scope
included is listed on ITI Quote #02F4982-R 1 dated
3/14/2022 (attached) . Kenny Harbridge from ITI
1 walk the site with Mike Deca stro, to confirm the LS $52,441 .00 $52,441.00 scope for this change. This work is in addition to
the work already completed as the bridge spec
states the JBT scope ends at the face of the
buildina.

Total: $52,441 .00
CHANGES TO CONTRACT TIME:

The project is substantia lly complete. The additional time required to perform this work is part of the punch-list time and will not be added to the contract.

SOURCE OF FUNDS :

Funds are available through Account 4167070-80000-A IP58-2020-AIRPORTCAP-FAA­ BOARDING BRIDGE.

CP 19-34 Passenge r Board ing Bridges
Contractor Cha nge Order No. 07
April 4, 2022

Item 1N - 18
Summary of Costs :

Original Contract Amount: $7,042,945.00 Original Comoletion : 290 Work Days This Chanae Order: $52,441 .00 Davs Added : 0 Work Days Previous Chanae Orders: $407,526.72 Previous Davs Added: 0 Work Days Revised Contract Amount: $7,502,912.72 Revised Comole tion: 290 Work Davs Contractor
Approved By: ~ ~ ~ VJ& John eanTechnologies Corporation , Inc. Date City of Palm Springs
Recommended By:

Approved By:

Attest By:

Distribution :

Original Conformed Copy:

Contractor (1)
Engineering Pay File (1)
Date
c.r~11-2.

Date
Conformed Electronic File Copy:

Project Correspondence File

APPROVED AS TO FORM
~~ I ORNEV '--
CP 19-34 Passenger Boarding Bridges
Contractor Change Order No. 07
April 4, 2022

Attachment B
Item 1N - 19

Name
Street
Address
City &
State

SPACE ABOVE THIS LINE FOR RECORDERS USE

NOTICE OF COMPLETION
(CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208)
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is:
_________________________________________________________________________________ (e.g. fee, leasehold, joint tenancy , etc.)

2. The full name and address of the undersigned owner or reputed owner and of all co -owners or reputed co -owners are:

Name Street and No. City State
__________________________________________________________________________________________________________

3. The name and address of the direct contractor for the work of improvement as a whole is:
__________________________________________________________________________________________________________

4. This notice is given for (check one):
 Completion of the work of improvement as a whole.
 Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186).

5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is:
___________________________________________________________________________________________________________

6. The name and address of the construction lender, if any, is:
___________________________________________________________________________________________________________

7. On the ____________ day of ___________, 20___, there was completed upon the herei n described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided:
___________________________________________________________________________________________________________

8. The real property herein referred to is situated in the City of __________________________, County of _______________________ _ State of California, and is described as follows:

___________________________________________________________________________________________________________

9. The street address of said property is:
___________________________________________________________________________________________________________

10. If this Notice of Completion is signed by the owner’s successor in interest, the name and address of the successor’s transferor is:

___________________________________________________________________________________________________________ I certify (or declare) under pe nalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: _______________________________________ By: ________________________________________________________ Signature of Owner or Owner’s Authorized Agent
City of Palm Springs

Recording Requested By:

When Recorded Mail To:

Item 1N - 20
City of Palm Springs
Monique M. Lomeli, Interim City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Fee
City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 John Bean Technologies Corporation - 1805 West 2550 South, Ogden, UT 84401-3396 ✔
Not Applicable
Not Applicable
1st
September
22 Airport Passenger Boarding Bridges, City Project (CP) 19-34 Palm Springs
Riverside
Passenger Boarding Bridges
3400 E. Tahquitz Canyon Way, Palm Springs CA, 92262
Not applicable
Joel Montalvo/City Engineer

VERIFICATION
I, _______________________________________________, state: I am the ________________________________ __ (“Owner”, “President”, “Authorized Agent”, “Partner”, etc.) of the O
wner identified
in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.

I declare und
er penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on _______________________, _______ (date), at ____ ___________________________________________ ______ (City), ________ (State). ______________________________________________________
Signature of Owner or Owner’s Authorized Agent
Joel Montalvo/City Engineer
City of Palm Springs

STATE OF CALIFORNIA
COUNTY OF ______________________________________
On _____________________________ ____________, ________ (date), before me, ________________________________ ____________, Notary Public (name and title of officer) personally appeared __________________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorize d capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.
_____________________________________________
Signature
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.

Item 1N - 21
Joel Montalvo
City Engineer
Palm Springs
CA

CITY COUNCIL STAFF REPORT
09/01/2022   1. O.

City Clerk -

SUBJECT

PALM SPRINGS INTERNATIONAL AIRPORT BRAND UPDATE
RECOMMENDATION:

Review and approve the Palm Springs International Airport branding work included as "Attachment A" and direct Staff to proceed with the selection of Design No. 3, Modern Palm, for the Airport logo and brand colors.

Attachments
Item 1O

CITY COUNCIL STAFF REPORT
DATE: SEPT
EMBER 1, 2022 CONSENT CALENDAR
SUBJECT: PALM SPRINGS INTERNATIONAL AIRPORT BRAND UPDATE FROM: Justin Clifton, City Manager
BY: D epart
ment of Aviation
SUMMARY:

This
item provides an update on the Airport’s brand development. The Airport is proposing to move forward with a recommendation on a logo and brand colors.

RECOMMENDATION:

Revi
ew and approve the Palm Springs International Airport branding work included as Attachment A and direct S taff to proceed with the selection of Design #3, Modern Palm, for the Airport logo and brand colors.

BACKGROUND:

Palm
Springs International Airport has never had a comprehensive brand developed.

The current Airport logo was originally designed for the Palm Springs Convention Center. In 2021, the Airport hired a consultant to research and develop a n Airport Marketing & Communications Plan. Their research included meetings with the A irport Commission, area Airport stakeholders including Visit Greater Palm Springs, Coachella Valley Economic Partnership, Palm Springs Chamber of Commerce, and market research surveys of residents within the Airport’s catchment area, that extends into the Inland Empire. The primary finding of their research was the need for the A irport to establish a vibrant, unique airport brand that best positions the A irport as the airport of the entire Coachella Valley and to address the perceptions that the Airport is too expensive, that there are not enough airlines or flights, and that it is a seasonal airport that shuts down in the summer.

With the development of a comprehensive brand, the Airport will be set up to appeal to a broader audience beyond the City of Palm Springs. The brand will empower the Airport to gain customer recognition, retain current passengers, gain additional passengers, and create a loyal following that views Palm Springs International Airport as their first airport of choice when they need to fly.

By developing this comprehensive brand to become the airport of choice for the Item 1O - 1
City Council Staff Report
September 1, 2022—Page 2
Palm Springs International Airport Brand Update
Coachella Valley and appealing to those beyond the valley to use PSP, the A irport will have greater success in retaining current airlines and nonstop routes. This will also give the Airport a greater opportunity to convert more seasonal route s to year -round, add additional routes to meet community needs, and contribute to the economic growth of the area. The target audience includes all nine cities in the Coachella Valley, the High Desert communities, San Gorgonio Pass communities, and Inland Empire residents that can easily choose between PSP or another area airport.

The Airport has been working with its consultant to develop a comprehensive brand and is providing an update on that progress.

STAFF ANALYSIS:

Ci
ty Council approved the A irport to move forward with the development of a comprehensive brand at the meeting of May 26, 2022. Since that time, Aviation Department Staff have worked with a consultant, Aviatrix Communications, LLC , in the development of a brand. Interviews were conducted with Airport management and front- line staff, A irport Commission M arketing and Business Development C ommittee, and Visit Greater Palm Springs to gather information about the A irport and community for the process of developing a logo and selecting official colors for the A irport’s brand.

Comprehensive research was also performed by the consultant about area architecture, history, and design.

The attached branding work included as Attach ment A outlines the three logo and color options . Airport Staff, the Airport Commission Marketing and Business Development Committee Chairman, and Visit Greater Palm Springs have agreed that Design #3, Modern Palm, is the best design option for the A irport, and at this time Airport Staff recommends moving forward with that design.

ALIGNMENT WITH STRATEGIC PLANNING:

N/A.

FISCAL IMPACT:

Ther
e is no fiscal impact.

REVIEWED BY:

Department Director: Harry Barrett, Jr.

City Manager: Justin Clifton
ATTACHMENT:

A. Av
iatrix Communications - PSP Brand Presentation
Item 1O - 2

ATTACHMENT A

AVIATRIX COMMUNICATIONS -

PSP BRAND UPDATE
Item 1O - 3
August 9, 2022
PSP Brand Presentation
Item 1O - 4
Design #1
“Window Seat”
Item 1O - 5
Item 1O - 6
-• · . - - ..

Item 1O - 7

INTERNATIONAL AIRPORT
Secondary Colors
Primary Colors
Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim
Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim
Item 1O - 8

INTERNATIONAL AIRPORT
P~£~

AIRPORT
Item 1O - 9
Palm~~

IN TERNATIONAL

AIRPORT
C
Item 1O - 10
Item 1O - 11
Item 1O - 12
Item 1O - 13

INTERNATIONAL AIRPORT
Item 1O - 14

IN TE RNAT IO NA L AIR PO RT

INTERNATIONAL AIRPORT
Design #2
“Palm to Plane”
Item 1O - 15
Item 1O - 16

INTERNATIONAL AIRPORT
Item 1O - 17

INTERNATIONAL AIRPORT

INTERNATIONAL AIRPORT INTERNATIONAL AIRPORT
Secondary Colors
Primary Colors
Palm Springs

INTERNATIONAL AIRPORT
Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim
Item 1O - 18
Item 1O - 19
•

INTERNATIONAL AIRPORT
Item 1O - 20
111'.iTERNATIOlflJAL AIRPORT
Item 1O - 21
IJ"ERNATIONAL AIRPORT
Item 1O - 22

INTERNATIONAL AIRPORT
Item 1O - 23
Item 1O - 24

IN TE RN A T IO N A L AI RP O R T

INTERNATIONAL AIRPORT
Design #3
“Modern Palm”
Item 1O - 25
Item 1O - 26
Item 1O - 27
PALM

SPRINGS

INTERNATIONAL AIRPORT
Primary Colors
Secondary Color (options)
Item 1O - 28
II

INTERNATIONAL INTERNATIONAL

AIRPORT AIRPORT

INTERNATIONAL AIRPORT
PALM

SPRINGS
Item 1O - 29
Item 1O - 30
. ~ .. ' . . . .
~ ... ~ .. .. . . ,.. . ""' ,.
~= ·~,.-«.. ' • • . ~, :,I'~.., • . . . ~ .. r~ .. ... ~.. .. . ._,.

Item 1O - 31
Item 1O - 32
Item 1O - 33
Item 1O - 34
PALM

SPRINGS

INT E R N A T ION AL AI RP ORT
PALM

SPRINGS

INTERNATIONAL AIRPORT
Brand Story
Brand Elements
The new Palm Springs International Airport brand nods to the region’s iconic past while propelling the airport effortlessly into the future
The new brand for the Palm Springs International Airport provides a world-class personality representative of the entire region and is no longer tied to the City of Palm Springs’s identity. Modern Palm draws deeply from the region’s architectural history, including Bauhaus and midcentury modern—two styles for which the desert cities are deservedly famous—as well as the area’s vibrant natural yet resort environment. The end result is a chic, cheery, modern feel that welcomes all travelers to California’s desert playground.

Characteristic of midcentury modern design, the airport’s stylized PSP graphic combines several geometric shapes to create the letters. The elongated “S” in the PSP logo serves as the trunk of a palm tree, supporting the quirky, atypical positioning of green palm leaves. It also introduces the community to “PSP” as the airport code, reflecting the airport’s understanding that it serves the entire Coachella Valley, beyond the city of Palm Springs.

The brand utilizes some of the region’s most emblematic colors: natural green, sand, and blue; vibrant pink and mango; and a crisp, deep navy to anchor it all. The complementary color palette offers the airport a diverse range of friendly, modern, and playful hues to use for everything from the website to the airport’s vehicle fleet.

The logo’s most distinctive font is Verlag. It was inspired by the Guggenheim Museum in New York, which was designed by Frank Lloyd Wright, one of the world’s premier midcentury modern architects. The secondary font is Gotham, a clean sans serif font that translates especially well for web and digital work.

When taken as a whole, the new Palm Springs International Airport brand nods to the region’s iconic past while propelling the airport effortlessly into the future.

Item 1O - 35

CITY COUNCIL STAFF REPORT
09/01/2022   1. P.

City Clerk -

SUBJECT
APPROVE AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO.

A9081 WITH WEST AVIATION SERVICES - SAN DIEGO, INC., DBA SIERRA

AVIATION GROUP
RECOMMENDATION:

Approve Amendment No. 1 to Agreement No. A9081 with Sierra Aviation Group in the amount of $709,965 for baggage relocation and directional staff services related to Palm Springs International Airport and extend the term by 12 months through May 31, 2023.

1. Approve the appropriation of $709.965 for FY 2022-23 from the Department of Aviation Fund 415 fund balance.

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

Attachments
Item 1P

CITY COUNCIL STAFF REPORT
DAT
E: SEPTEMBER 1, 2022 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 1 TO CONTRACT SERVICES
AGREEMENT N O. A9081 WITH WEST AVIATION SERVICES - SAN
DIEGO, INC., DBA SIERRA AVIATION GROUP
FROM: Justin Clifton, City Manager
BY: Department of Aviation
SUMMARY:

Thi
s action will approve Amendment No. 1 to Contract Services Agreement No. A9081 with Sierra Aviation Group for staff support of baggage relocation services and directional staff services at Palm Springs International Airport.

RECOMMENDATION:
1) Appr
ove Amendment No. 1 to Agreement A9081 with Sierra Aviation Group in the amount of $709,965 for baggage relocation and directional staff services related to Palm Springs International Airport and extend the term by 12 m onths through May 31, 2023 (Attachment A).
2) Approve the a ppropriation of $709.965 for FY 2022- 23 from the Department of Aviation Fund 415 fund balance.
3) Authorize the City Manager or his or her designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Acco
rding to the Statement of Information filed with the State of California, West Aviation Services – San Diego is a corporation in the State of California with its principal executive office located in Rancho Cucamonga. James Mog is list ed as the President and James Mo untcastle as C hief Financial Officer. According to the Public Integrity Disclosure Form (Attachment B), 80% of the beneficial interest is attributed to James Mog, and 20% to James Mountcastle.

Item 1P - 1
City Council Staff Report
September 1, 2022 – Page 2
Sierra Aviation Group Agreement No. A9081 - Amendment No. 1 BACKGROUND:

In A
ugust 2021 , t he Palm Sprin gs International Airport ticket win g expansion was completed which included a new b aggage handling system (BHS). The new b aggage handling system intended to optimize throughput capacity and efficiency as it now retrieves baggage from 60 new ticket counter positions, including curbside bag d rop-off, and conveys all luggage to a single consolidated screening center.

During Fiscal Year 2021- 2022, the Airport experienced a 112% increase in passenger traffic when compared to Fiscal Year 2018-2019, the highest passenger traffic year after the COVID-19 pandemic. Although growth had been factored into the design of the ne w BHS, it was not factored in that Southwest Airlines would be coming into the market with a significant increase of daily flight operations and that the existing airlines would also be increasing thei r routes from previous years. The significant increases caused t he BHS to experience major delays during peak hours which delayed passenger luggage from being loaded onto the aircraft and a pile up of luggage behind the a irline ticket counters.

In addition to the BHS delays, the baggage claim area gets overcrowded with passengers waiting in line at the rental car counter s and passengers waiting to cla im their luggage after deplaning during peak hours. To reduce passenger confusion, the Airport is coordinating with Sierra Aviation Group to staff an attendant during peak hours to provide directional services to instruct passengers to the baggage carous els to retrieve their luggage, to clear the walkways, and to guide them to the correct car rental counters. The Airport sees a benefit with directing passengers to increase the passenger experience and to eliminate congestion in the baggage claim area.

STAFF ANALYSIS:

The A
irport contracted wi th V- 1 Consulting to co mplete an analysis on the existi ng overall system performance of the BHS , and to develop design alternatives and improvement opportunities for the short-term and mid-term performance of the BHS . V- 1 Consulting concluded their analysis and found t hat the BHS was reaching saturation between 600- 700 bags per hour (bph); the Airport was seeing upwards of 766 bph during peak demand; and b ottlenecking was occurring at the screening system bag induction and the merge to the Transportation Security Administration (TSA) e xplosive detection system (EDS) machines.

Based on an analysis of the March 2022 flight schedule, the current baggage traffic is at or exceeding current system saturation points with baggage peaks occurring during the early morning and early to midafternoon time banks. As a result, the short-term solution is to extend the contract with Sierra Aviation Group to May 2023, and the Sierra Aviation Group staff will manually move baggage from an open conveyor belt to an open EDS machine. At the conclusion of the 12 -month extension, staff will determine if an additional one-year extension will be required. The mid-term solution is to design and Item 1P - 2
City Council Staff Report
September 1, 2022 – Page 3
Sierra Aviation Group Agreement No. A9081 - Amendment No. 1 install a new in -line BHS. Airport S taff is currently exploring options for the mid-t erm solution, to in clude a TSA grant application for the design of a check baggage inspection system (CBIS).

The existing BHS has baggage conveyor belts leading to five EDS distribution lanes and one out of gauge (OOG) lane located in the TSA screening area, hidden from public view. To implement an immediate solution to the current BHS system saturation and to increase throughput on a mar ginal basis, V -1 Consulting suggests an “inch and store” methodology where a person will carry bags from one EDS entrance conveyor t o another. The inch and store methodology will require manual luggage distribution by pulling bags from one conveyor belt an d manually moving it along gravity rollers to an open EDS entrance conveyors and carrying bags to another open EDS entrance conveyor. A total of six staff members would be required during peak hours, one person to support each EDS , one person supporting the out of gauge lane, and t hree staff members to operate tw o lanes during non- peak periods . Sierra Aviation Group has provided a proposal fo r staff time to assist during the peak and non-peak hours. The “inch and store” method is labor intensive, and it will need to be continued year -over- year. The manual moving of luggage to the EDS distribution lanes and OOG lane will increase the maximum baggage throughput to approximately 820 bph.

For nearly two decades, the firm of West Aviation Services -San Diego, dba Sierr a Aviation Group, has been under contract with the airlines at Palm Springs I nternational Airport, and they have leased an Airport office adjacent to the ticketing area inside the terminal to provide specialized service for skycap, wheelchair, and baggage delivery services to accommodate airline passengers. The Sierra Aviation Group personnel have been vetted through the A irport securi ty process that includes fingerprinting and background check s which allows the Sierra Aviation Group personnel to wor k in t he TSA screening area that is designated as a sterile area. Sierra Aviation Group has been a good tenant and the Airport and the airlines continue to utilize this company for their services.

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Thi
s item aligns with City Council Strategi c Priority 4, Good Governance, specifically 4A – Enhance Service Levels.”
Item 1P - 3
City Council Staff Report
September 1, 2022 – Page 4
Sierra Aviation Group Agreement No. A9081 - Amendment No. 1

FISCAL IMPACT:

The estimated cost for the additional services is $709,965, and the funds will be appropriated for FY 2022 – 2023 from the Depar tment of Aviation Fund 415 fund balance.

REVIEWED BY:

Procurement & Contracting Manager: Kim Baker
Department Director: Harry Barrett, Jr.

City Attorney: Geremy Holm
Director of Finance & Treasurer: Nancy Pauley
City Manager: Justin Clifton

ATTACHMENTS:

A. Amendment No. 1 to Contract Services Agreement No. A9081 B. Public Integrity Disclosure

Item 1P - 4

ATTACHMENT A
AMENDMENT NO. 1 TO
CONTRACT SERVICES AGREEMENT NO. A9081

WITH SIERRA AVIATION GROUP
Item 1P - 5
Revi
sed: 2.9.22
AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT
A9081 BAGGAGE RELOCATION SERVICES

BETWEEN THE CITY PALM SPRINGS AND WEST AVIATION
SERVICES – SAN DIEGO dba SIERRA AVIATON GROUP

1. P art
ies and Date.

This Amendment No. 1 to the CONTRACT SERVICES AGREE MENT A9081 BAGGAGE RELOCATION SERVICES is made and entered into as of this 1 st day of September 2022, by and between the City of Palm Springs (“City”) and West Aviation Services – San Diego dba Sierra Aviation Group a California Corporation, with its princ ipal place of business at 9247 Archibald Avenue, Rancho Cucamonga, CA 91730 “Contractor”. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. R ecit
als.

2.1 Agreement. T he City and Contractor have entered into an agreement entitled “CONTRACT SERVICES AGREEMENT A9081 BAGGAGE RELOCATION SERVICES” dated March 16, 2022 ( “Agreement”) for the purpose of retaining the services of Contractor to provide hourly services for baggage relocation and directional services.

2.2 Am
endment. T he City and Contractor desire to amend the A greement to revise the Scope of Services as depicted in Exhibit “A” and to extend the term.

2.3 Am
endment Authority. This Amendment No. 1 is authorized pursuant to Section 3.3 of the Agreement.

NOW
, THEREFORE, in consideration of the mutual covenants and promises in this Amendment, the parties hereto covenant, agree and bind themselves as follows:

3. T erms
.

3.1 Terms. Sections 1.1, 2, 3.1, 3.2, 4.2 and 4.4 of the Agreement is hereby amended in its entirety to read as follows:

1.1 Sco
pe of Services . In compliance with all terms and conditions of this Agr eement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A1” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A 1" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the S ervices shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

Item 1P - 6
Revi
sed: 2.9.22

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essent ial condi
tion of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A1.” Neither Party shall be accountable for delays in performance cause d by any condition beyond the reasonable control and without the fault or negligence of the non- performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3.1 Compensation of Contractor
. Contractor shall be compensated and reimbursed for
the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A1”. The total amount of Compensation shall not exceed $730,723.24.

3.2 Metho
d of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A1” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thi rty (30) days of receipt of Contractor’s invoice.

4.2 Sched
ule of Performance . All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A1”. Any time period extension must be approved in writing by the Contract Officer.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement , this Agreement shall commence on the date first written above and shall be extended in full force through May 31, 2023, unless extended by mutual written agreement of the Parties.

3.2 Conti
nuing Effect of Agreement . Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Am endment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.3 Adequa te Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.4 Sev erability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Ame ndment No. 1 may be executed in duplicate originals, each of which is deem ed to be an original, but when taken together shall constitute but one and the same instrument.

Item 1P - 7
Revi
sed: 2.9.22

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND WEST AVIATION SERVICES – SAN DIEGO dba SIERRA AVIATION GROUP IN WITNESS WHEREOF, the P arties have executed this Agreement as of the dates stated below.

CONTRACTOR: WEST AVIATION SERVICES – SAN DIEGO dba SIERRA

AVIATION GROUP
By: _____________________________________ By: _________________________________________ James Mog, James Mountcastle,
President Chief Financial Officer
Date: Date:

CITY OF PALM SPRINGS:

APPROVE
D BY CITY COUNCIL:

Date: _______ Item No.

APPROVE
D AS TO FORM: ATTEST:

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

By: _______________________________ Date:

Justin Clifton,
City Manager
Item 1P - 8
Estimate
Date
8/11/2022
Estimate #
1018
Name / Address

CITY OF PALM SPRINGS
ATTN: AIRPORT - VICTORIA CARPENTER
P.O. BOX 2743
PALM SPRINGS, CA 92263-2743
Sierra Aviation Group - PSP
9247 Archibald Ave.

Rancho Cucamonga, CA 91730
Project
62000 - AVIATION DEPARTMENT
PO #22001064 Total
Description Qty Rate Total
BAG RELOCATION SERVICES FROM SEPTEMBER 2022
THROUGH MAY 2023. CONTINUATION OF CONTRACT
SERVICE AGREEMENT DATED 3/16/2022.

APPROXAMATELY 82 DAILY HOURS AS CURRENTLY

DETERMINED
24,846 27.00 670,842.00
BAGGAGE CLAIM NAVAGATOR DECEMBER 2022
THROUGH MAY 2023
1,448 27.00 39,096.00

ADHOC LABOR AS NEEDED FOR UNFORSEEN

OPERATIONS TO SUPPORT THE PEAK SEASON

UNFORSEEN LUGGAGE MOVING DEMAND

27.00 27.00
$709,965.00
EXHIBIT "A1"
Item 1P - 9

ATTACHMENT B

PUBLIC INTEGRITY DISCLOSURE
Item 1P - 10
Item 1P - 11

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

WEST AVIATION SERVICES-SAN DIEGO
Address of Entity (Principle Place of Business)
3400 E. T AHQUITZ CANYON WAY
PALM SPRINGS , CA 92262
Local or California Address (if different than #2)
9247 ARCHIBALD AVE
RANCHO CUCAMONGA , CA 91730
State where Entity is Registered with Secretary of State

CALIFORN IA
If other than California , is the Entity also rer:;istered in California? M Yes n No Type of Entity
0 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 JAMES MOG 0 Officer O Director O Member O Manager
[name]
D General Partner O Limited Partner
Other
JAMES MOUNTCASTLE 0 Officer D Director D Member D Manager

ELIZABETH MOG
(Revised 09 13 18)
[name]
D General Partner D Limited Partner
Other
0 Officer D Director D Member D Manager
[name]
D General Partner D Lim ited Partner
Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 1P - 12

7. Owners/Investors with a 5% beneficial lntei-est 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.

JAMES MOUNTCASTLE 20% WEST AVIATION SERVICES
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.

JAMES MOG 80% WEST AVIATION SERVICES
[name of owner/i nvesto r] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial int erest 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 CALIFOR IA THAT THE FOREGOING IS TRUE AND CORRECT.
(Revised 09 13.18)
Date
6/28/2021

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE FORM

APPLICANT DISCLOSURE FORM

CITY COUNCIL STAFF REPORT
09/01/2022   1. Q.

City Clerk -

SUBJECT

APPROVAL OF PLANS, SPECIFICATIONS, ESTIMATE, AND AUTHORIZATION

TO BID THE RACQUET CLUB/VIA MIRALESTE HAWK SIGNAL, CITY PROJECT 21-12
RECOMMENDATION:

Approve the plans, specifications, estimate, and authorize Staff to advertise and solicit bids for the Racquet Club/Via Miraleste HAWK Signal, City Project 21-12.

Attachments
Item 1Q

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 1, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND

AUTHORIZE TO BID THE RACQUET CLUB/VIA MIRALESTE HAWK
SIGNAL, CITY PROJECT 21-12
FROM: Justin Clifton, City Manager
BY: Engineering Services Department
SUMMARY:

The c
onstruction documents (plans and specifications) for the installation of a High Intensity Activated Crosswalk (HAWK) Signal at Racquet Club and Via Miraleste have been completed. I n accordance with Section 7.03.040 of the Procurement and Contracting Code, the City Council is required to approve and adopt plans, specifications and working details, and authorize the bid request for all public projects in excess of $200,000. Approval of this action will allow Staff to proceed with bidding of this capital project, with an estimated construction cost of $300,000.

RECOMMENDATION:

Appr
ove the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Racquet Club/Via Miraleste HAWK Signal, City Project 21-12 (“Project”).

BACKGROUND:

On F
ebruary 1, 2021, a call for projects was published by the Riverside County Transportation Commission (RCTC) , who w as seeking applications for the SB 821 Bicycle and Pedestrian F acilities Program. T he program ’s maximum funding request is $432,500 per application and $865,00 0 per jurisdiction. The City submitted two projects for consideration – a Class III Bicycle Route along Tamarisk, and a HAWK beacon signal at Racquet Club/Via Miraleste.

On June 9, 2021, RCTC approved 15 projects for funding out of the 35 applications received. The Racquet Club/Via Miraleste HAWK Signal Project was selected as one of four in the Coachella Valley.

On July 22, 2021, City Council approved an agreement with RCTC, which would provide funding up to $168,500. The remaining costs above this amount would come from the capital project fund.

Item 1Q - 1
City Council Staff Report
September 1, 2022 – Page 2
RFB for CP 21-12, HAWK System at Racquet Club and Via Miraleste On July 27, 2022, the City requested proposals from our on- call traffic engineering consultants to provide plans, specifications, and an estimate (PS&E) for the installation of a HAWK Signal at Racquet Club and Via Miraleste.

On December 7, 2021, a purchase order was issued to Albert A. Webb Associates (Webb) to provide design services. Over the course of the next 8 months, Staff worked closely with Webb to produce the PS&E documents needed to bid and construct the subject project. Engineering and Webb also coordinated with the Fire Department so the HAWK system could be activated by Fire Station No.3 when they are leaving the bay during emergency calls. The documents were completed on August 11, 2022.

STAFF ANALYSIS:

The c
ontract documents for the Project prepared by our traffic engineering consultant Webb have been reviewed and approved by Staff. With City Council approval, Staff will advertise the Project in The Desert Sun and through PlanetBids™ to allow the submission of bids electronically. The contract documents will be provided free of charge to prospective bidders through the PlanetBids™ system. The following tentative schedule has been identified for the bid process:

Notice Inviting Bids to be posted: September 5, 2022
Deadline for receipt of bids: October 5, 2022
Contract awarded by City Council: October 27, 2022
Staff recommends that the City Council approve the contract documents and authorize Staff to formally solicit construction bids for these projects. The plan documents, specifications, and estimate are on file with the City Clerk.

ENVIRONMENTAL ASSESSMENT
:

In ac
cordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Racquet Club/Via Miraleste HAWK Signal, City Project No. 21-12, is considered categorically exempt from CEQA and Notice of Exemption will be filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

Thi
s item aligns with City Council Priority “Community Infrastructure”, specifically 3A, Improve City Facilities.

Item 1Q - 2
City Council Staff Report
September 1, 2022 – Page 3
RFB for CP 21-12, HAWK System at Racquet Club and Via Miraleste FISCAL IMPACT:

The t
otal cost of the project is expected to be approximately $420,000. The project is partially funded with $168,500 from SB 821, Bicycle and Pedestrian Facilities Program.

Staff anticipates using $251,500 from Capital Fund Balance to cover the remaining funding for the project.

REVIEWED BY:

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

None.

Item 1Q - 3

CITY COUNCIL STAFF REPORT
09/01/2022   1. R.

City Clerk -

SUBJECT

APPROVAL OF PLANS, SPECIFICATIONS, ESTIMATE, AND AUTHORIZATION

TO BID THE RECREATION FIELDS LED LIGHTING UPGRADES, CITY PROJECT 19-28
RECOMMENDATION:

Approve the plans, specifications, estimate, and authorize Staff to advertise and solicit bids for the Recreation Fields LED Lighting Upgrades, City Project No. 19-28.

Attachments
Item 1R

CITY COUNCIL STAFF REPORT
DAT
E: SEPTEMBER 1, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND

AUTHORIZE TO BID THE RECREATION FIELDS LED LIGHTING
UPGRADES, CITY PROJECT 19-28
FROM: Justin Clifton, City Manager
BY: Engineering Services Department
SUMMARY:

Ap
proval of this item will allow S taff to proceed with the Recreation Fields LED Lighting Upgrades, City Project No. 19-28, with an estimated cost of $3,650,000. The construction documents (Plans, 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:

Appr
ove the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Recreation Fields LED Lighting Upgrades, City Project No. 19- 28 (“The Project”).

BACKGROUND:

The l
ights at the various ballfields in the parks were installed in the 1950s and 1960s, utilizing outdated metal halide light fixtures that are no longer manufactured. The City has purchased all available metal halide light fixtures and does not expect to find any more replacements.

The wiring system is directly buried in the ground, instead of using conduits where wires can be pulled from each end to make repairs or replacements. In the past , if a wire was accidently cut, a small patch was done on the cut line, because the cost of digging up the entire line was too expensive.

The original project was originally to change out the light fixtures and reuse the existing poles to minimize project costs. However, the consultant did an evaluation of the pol es Item 1R - 1
City Council Staff Report
September 1, 2022 – Page 2
RFB for Recreation Fields LED Lights
and determined that they have come to their end of useful life. In addition, three poles were lost in separate heavy windstorms. It is recommended to replace the poles and design them to current wind loads. Also , a photometric study was done regarding t he lighting levels and the spacing of the poles will be modified to address dark areas on the existing fields.

STAFF ANALYSIS:

Thi
s project includes the replacement of the metal halide light fixtures with energy efficient LED light fixtures, in line with the City’s commitment to sustainability and the environment.

New conduits will be installed along the perimeters of the fields to avoid digging up the internal areas of the existing softball field. The existing poles will be removed, and new poles will be located to provide better lighting in the field of play. The controls that run the system will be consistent with the controls that run the field at Desert Highland Park.

Kimley-Horn and Associates, Inc. has completed the preparation of plans and specifications for the Project. The contract documents prepared by Kimley-Horn have been reviewed and approved by the City’s Engineering Services Department.

With City Council approval, Staff will advertise the Project in The Desert Sun and post the Project on the City’s on-line bid management system. Copies of the contract documents are on file with the Engineering Services D epartment. The following tentative schedule has been identified for the bid process:

Notice Inviting Bids to be posted: September 6, 2022
Deadline for receipt of bids: October 18, 2022
Contract awarded by City Council: November 10, 2022
Staff recommends that the City Council approve the contract documents and authorize Staff to formally solicit construction bids for the Project. The plan documents, specifications, and estimate are on file with the City Clerk.

ENVIRONMENTAL ASSESSMENT
:

In ac
cordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Recreation Fields LED Lighting Upgrades, City Project No. 19- 28, is considered categorically exempt from CEQA.

Item 1R - 2
City Council Staff Report
September 1, 2022 – Page 3
RFB for Recreation Fields LED Lights
ALIGNMENT WITH STRATEGIC PLANNING:

Th
is item aligns with City Council Priority 3A – Improve City Facilities – and will assist in implementing the following tasks: Focus on Parks and Community Facilities and Prioritize Deferred Maintenance.

FISCAL IMPACT:

Fundi
ng for this project was approved with the FY 2022/2023 budget using Measure “J” funds. The estimated project costs including construction management, staff time and contingency is $4.1 million ($3,650,000 for project costs and $450,000 in construction management and contingency costs).

REVIEWED BY:

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

None.

Item 1R - 3

CITY COUNCIL STAFF REPORT
09/01/2022   1. S.

City Clerk -

SUBJECT

APPROVAL OF ENVIRONMENTAL DOCUMENTS, PLANS, SPECIFICATIONS,

CONSTRUCTION SUPPORT, AND ESTIMATES (PS&E), AND AUTHORIZATION

TO BID FOR THE INDIAN CANYON DRIVE WIDENING, FEDERAL AID PROJECT NO. BRLO-5282(017), CITY PROJECT NO. 01-11
RECOMMENDATION:

Approve the plans, specifications, estimate, and authorize Staff to advertise and solicit bids for the Indian Canyon Drive Widening, City Project No. 01-11, Federal Aid Project No. BRLS-5282(017), and the Indian Canyon Sewer System Improvements as separate or combined projects.

1. Approve Amendment No. 8, in the amount of $573,850, to Professional Services Agreement No. A4461, for a new not-to-exceed amount of $2,328,100 with Dokken Engineering, for Construction Support on the Project.

2. Accept the Final Tiered Initial Study with Mitigated Negative Declaration, for the Indian Canyon Drive Sewer Main Extension Project, in accordance with the California Environmental Quality Act (CEQA).

3. Authorize the City Manager to execute all necessary documents.4.

Attachments
Item 1S

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 1, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF ENVIRONMENTAL DOCUMENT, PLANS,

SPECIFICATIONS, CONSTRUCTION SUPPORT, AND ESTIMATES
(PS&E), AND AUTHORIZATION TO BID FOR THE INDIAN CANYON
DRIVE WIDENING, FEDERAL AID PROJECT NO. BRLO-5282(017), CITY PROJECT NO. 01-11
FROM: Justin Clifton, City Manager
BY: Engineering Services Department
SUMMARY:

Ap
proval of this item will allow S taff to proceed with the Indian Canyon Drive Widening Project, City Project No. 01-11 (the “Project”), with an estimated cost of $28,166,000, and the Indian Canyon Sewer System Improvements at an estimated cost of $17,900,000.

The construction documents ( Plans, Specifications and Estimate) are complete and in accordance with Section 7.03.040 of the Procurement and Contracting Code, the City Council shall approve and adopt the plans and specifications and work details and authorize the bid request as required for all public projects in excess of $200,000.

RECOMMENDATION:

1. Appr
ove the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Indian Canyon Drive Widening, City Project No. 01-11, Federal Aid Project No. BRLS -5282(017), and the Indian Canyon Sewer System Improvements as separate or combined projects; and

2. Approve Amendment No. 8, in the amoun t of $ 573,850, to Professional Services Agreement No. 4461, for a new not -to-exceed amount of $ 2,328,100 with Dokken Engineering, for Construction Support on the Project; and

3. Accept the Final Tiered Initial Study with Mitigated Negative Declaration, for the Indian Canyon Drive Sewer Main Extension Project, in accordance with the California Environmental Quality Act (CEQA); and

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

Item 1S - 1
City Council Staff Report
September 1, 2022 -- Page 2
Indian Canyon Drive Widening Project
BUSINESS PRINCIPAL DISCLOSURE:

The P
ublic Integrity Disclosure Form from Dokken Engineering is included as Attachment A.

BACKGROUND:

Br
idge Replacement:

After the City initiated the Indian Canyon Drive/Interstate 10 Interchange Project in 2000, Engineering Staff turned their attention to widening Indian Canyon Drive through the Whitewater River, to correspond with the six -lane roadway that was a part of the I -10 Project. In pursuit of this goal, the City applied for and obtained federal grants for widening Indian Canyon Drive, from the Union Pacific Railroad (“UPRR”) bridge to Garnet Avenue.

The project consists of replacing the existing two-lane Indian Canyon Bridge over the UPRR/Amtrak tracks with a new bridge, install roadway approach es to match the six lanes on Indian Canyon to the north, construct a landscaped center median, and install a new traffic signal at the intersection of Palm Springs Station Road. The Indian Canyon roadway will transition back to the two lanes south of the signal, through the Whitewater River to Tramview Road. The location of the project is shown in Figure 1 below.

Figur
e 1. Location of Project
I-10 Freeway
N. Indian Canyon Drive
Palm Springs
Amtrak Station
Bridge
Item 1S - 2
City Council Staff Report
September 1, 2022 -- Page 3
Indian Canyon Drive Widening Project
In May 2001, the City obtained approval to proceed with the preliminary engineering phase of the project. The City was awarded a federal grant of $4,286,000 from the Highway Bridge Program (“HBP”) administered through Caltrans. Subsequent ly, it was determined that the bridge is structurally deficient because water is penetrating the deck through cracks and affecting the bridge reinforcements. The scope of the project increased from a bridge widening project to a full replacement of the bridge.

In 2019, the City was able t o increase the total federal budget for the project to $ 22.4 million, of which $19.9 million comes from federal funds. The current cost estimate is $28.2 million, of which $24.9 million will come from federal funds. The City will be requesting additional funds through HBP to cover the gap.

Amendment No. 8 t
o Dokken Engineering Agreement:

On March 20, 2002, the City Council awarded a contract with Dokken Engineering in the amount of $421,500 for professional environmental design services, engineering design services, and right-of-way acquisition services.

Agreement No. 4451 was previously amended s even times to incorporate additional services related to the project, as follows:
• Amendment No. 1 for additional technical studies to include a Biological Assessment and Section 7 Consultation in the amount of $28,300 was approved by City Council on May 21, 2003.
• Amendment No. 2 for additional environmental approval services in the amount of $50,100 was approved by City Council on March 21, 2007. • Amendment No. 3 for a scope change as a result of replacing the bridge in the amount of $713,800 was approved by City Council on July 6, 2011. • Amendment No. 4 for environmental monitoring services in the amount of $11,000 was approved by City Council on December 19, 2012.
• Amendment No. 5 for additional professional design services in the amount of $165,900 was approved by City Council on June 1, 2016.
• Amendment No. 6 for additional right -of-way acquisition support services in the amount of $190,250 was approved by City Council on May 22, 2019. • Amendment No. 7 for additional right -of-way support services, biological monitoring for endangered species, and utility support services related to the relocation of nine large SCE distribution power poles, in the amount of $173,400 was approved by City Council on September 9, 2021.

Moving into the construction phase of the project, Dokken Engineering has submitted a proposal for Amendment No. 8, included as Attachment B, for construction support. This will assist the City in addressing the design issues that arise during construction. The total cost for Amendment No. 8 is $573,850, which will bring the new not-to-exceed amount of their contract to $2,328,100.

Item 1S - 3
City Council Staff Report
September 1, 2022 -- Page 4
Indian Canyon Drive Widening Project
Sewer Service to Commercial Area near I-10 Freeway:

The commercial and industrial area of Palm Springs located along Indian Canyon Drive and Garnet Avenue are not connected to the City’s sewer system. T he construction of a new sewer line in Indian Canyon Drive is estimated to cost $17.9 million. Staff recommends that the City Council pursue this extension of sewer service at this time, given the need to coordinate its installation with the new bridge being built over the Union Pacific Railroad. If the sewer line i s not constructed as a part of the Project, it will be practically infeasible to construct later due to the coordination with the railroad.

Staff investigated options for financing the extension of sewers, including the potential for using existing Wastewater Fund revenues and accumulated Wastewater Fund reserves.

The City Attorney’s office evaluated this option and confirmed that t he City may, if it chooses, use existing revenues and accumulated reserves to pre- fund and advance the construction of new sewers as a means of extending service to areas lacking sewers.

On May 27, 2021, a Sewer Street Main Charge was established by the City Council to ensure the City’s Wastewater Fund can recover the funds advanced for construction of the sewer line. This Sewer Street Main Charge is calculated based on the length of the sewer line extension and the number of equivalent dwelling units (EDUs) in the benefit area. A detailed explanation of the calculation is found in the May 27, 2021 Staff Report.

The City will need to enter into long- term agreements with property owners for payment of these special Sewer Street Main Charges to the City. The City can include reasonable terms for repayment of the amortized fee, including requirements that it be fully repaid upon transfer of title or other specific events. The City and property owner can also agree to record the agreement as a cloud against title to ensure that any future property owners are put on notice of the obligation to repay the special Sewer Street Main Charges under the agreement.

STAFF ANALYSIS:

Wit
h City Council approval, Staff will advertise the Project in The Desert Sun and post the Project on the City’s on-line bid management system. Copies of the contract documents are on file with the Engineering Services Department. The following tentative schedule has been identified for the bid process:

Notice Inviting Bids to be posted: September 7, 2022
Deadline for receipt of bids: November 6, 2022
Contract awarded by City Council: December 1, 2022
Staff recommends the City Council approve the contract documents and authorize S taff to formally solicit construction bids for the Project.

Item 1S - 4
City Council Staff Report
September 1, 2022 -- Page 5
Indian Canyon Drive Widening Project

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). In accordance with the CEQA Guidelines, the City , acting as “Lead Agency” pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from construction of the Project. On November 4, 2009, the City Council adopted Resolution No. 22620, adopting and ordering the fil ing of a Mitigated Negative Declaration for the Project.

Subsequently, on November 5, 2009, S taff filed a Notice of Determination with the Riverside County Clerk and State Clearing House. A copy of the Notice of Determination is part of the project file.

The Project is funded, in part, by federal funds, requiring local oversight by the State of California, Department of Transportation (“Caltrans”). As a federally funded project, the Project is subject to environmental review pursuant to the National Environmental Policy Act (“NEPA”). On September 24, 2009, Caltrans, acting as “Lead Agency” pursuant to NEPA, made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment (“EA”) or Environmental Impact Statement (“EIS”), has considered unusual circumstances pursuant to 23 CFR 771.117(b), and that it qualifies for a Categorical Exclusion under Section 6005 of 23 U.S.C. 327. A copy of the NEPA Categorical Exclusion issued by Caltrans is part of the project file.

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of CEQA. Approval of the requested action will allow Staff to comply with CEQA. In accordance with the CEQA Guidelines, the City acting as “Lead Agency ,” will complete an environmental analysis of the potential impacts resulting fr om construction of the Sewer Line. An initial environmental review of the Sewer Line has determined that an Initial Study leading to a Mitigated Negative Declaration (“IS/MND”) is the appropriate environmental document, and that an Environmental Impact Report is not necessary.

The City circulated a Tiered IS/MND for the Sewer Line and made it available for comments between September 17, 2020 and October 29, 2020. The City received 4 comments, and responses were incorporated into the final Tiered IS/MND. T he final document was recirculated for comments between November 1, 2021 and December 1, 2021. Two comments were received and incorporated into the final document.

In accordance with the CEQA Guidelines, following public review of the IS/MND, the City Council can consider its adoption. A final copy of the IS/MND can be found at this link:

https://publicportal.palmspringsca.gov/WebLink/DocView.aspx?id=1317816&dbid=0&re po=CityHall-Primary

Item 1S - 5
City Council Staff Report
September 1, 2022 -- Page 6
Indian Canyon Drive Widening Project

Subsequently, the City will file a Notice of Determination. These actions will ensure the City Council can consider the option of including the Sewer Line as part of the Project.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “Community Infrastructure”, specifically 3B , 5- Year Capital Improvement Plan, and identifying high priority facilities.

FISCAL IMPACT:

The Project is funded through a combination of federal funds, Regional Measure A funds, and Local Measure A funds. The total cost of the construction of the Project is estimated to be $28,166,500. The federal Highway Bridge Program (HBP) will cover 88.53% of all eligible project costs. Measure A funds will pay for the remaining 11.47%, with three- fourths (¾) of it coming from Regional Measure “A” funds and one-fourth (¼) coming from Local Measure “A” funds.

The construction of a new sewer line in Indian Canyon Drive is estimated to cost $17.9 million to build. Accumulated Wastewater Fund reserves will pre-fund the construction of the new sewer lines, then the City will need to enter into long- term agreements with property owners for repayment of these special sewer street main charges to the City.

The City can include reasonable terms for repayment of the amortized fee, including requirements that it be fully repaid upon transfer of title or other specific events.

In March 2020, the City requested federal Advanced Construction (AC) authorization to move forward with building the Project. Advanced Construction will allow the City to move forward with the bidding and award of the contract , with the understanding that Caltrans will reimburse the City at a future date, based on available HBP funds. Caltrans, under HBP procedures, will not advance construction funds until such time as the Project is advertised and awarded (see Attachment C .) Therefore , the City agrees to advertise and award the construction of the Project using local funds prior to federal funds becoming available to reimburse the cost of work.

Sufficient funds for Dokken Engineering Amendment No. 8 in the amount of $573,850 is available in the Capital Projects Fund and Measure “A” Fund budgeted for this project.

Expenditures to encumber the contract amendment will be made as follows:

Capital Project Fund (261): $508,029.40 (88.53%)
Measure A (134) – Regional (134): $49,365.45 (8.60%)
Measure A (134) – Local: $16,455.15 (2.87%)

Item 1S - 6
City Council Staff Report
September 1, 2022 -- Page 7
Indian Canyon Drive Widening Project

REVIEWED BY:

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

ATTACHMENTS:

A. Public Integrity Disclosure Form – Dokken Engineering B. Amendment No. 8 to the Dokken Agreement
C. Caltrans email on funds for advance construction conversion Item 1S - 7

Attachment A
Item 1S - 8
Item 1S - 9

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Dokken Engineering

2. Address of Entity (Principle Place of Business)
110 Blue Ravine Road, Suite 200, Folsom, CA 95630

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 Entitv also reaistered in California? n Yes n No

5. Type of Entity
[Z] 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 Richard A. Dokken [l] Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other
Richard T. Liptak Ill Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other
Bradley B. Dokken [l] 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

(Revised 09 13 18)
Item 1S - 10

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Dokken Engineering ( ... Continuation)

2. Address of Entity (Principle Place of Business)
110 Blue Ravine Road, Suite 200, Folsom, CA 95630

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 Entitv also reqistered in California? n Yes n No

5. Type of Entity
[Z] 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 Cathy Chan [Z] Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
John A. Klemunes Ill Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other
Matthew N. Griggs [Z] 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

(Revised 09 13 18)
Item 1S - 11

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.

Richard A. Dokken 56%, Dokken Engineering
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
(Revised 09 13.18)
Date
May 10, 2019

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE FORM

APPLICANT DISCLOSURE FORM

Attachment B
Item 1S - 12

Amendment No. 8

AMENDMENT NO. 8
TO AGREEMENT NO. 4461

CONTRACT SERVICES AGREEMENT FOR

INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT
CITY PROJECT NO. 01-11, FEDERAL PROJECT NO. BRLO 5282(017)

THIS EIGHT AMENDMENT TO Agreement No. 4461 for professional engineering and consulting services, (herein “Amendment”) made and entered into on the _____ day of ____________, 2022, by and between the CITY OF PALM SPRINGS, a California charter City and municipal corporation, (herein “City”) and Dokken Engineering, (herein “Consultant”) is hereby amended as follows:

RECITALS

A. City and Consultant entered into that certain Contract Services Agreement No. 4461 to provide professional engineering and consulting services r elated to the Indian Canyon Drive Widening and Bridge Replacement, City Project No. 01- 11, Federal Project No. BRLO 5282(017), (the “Project”), in the City of Palm Springs , ( the “Agreement”), initially approved by the City Council on March 20, 2002.

B. The Agreement was previously amended seven times to expand the scope of services related to the Project.

C. T he parties wish to amend the Agreement for the eight time to provide design support during construction.

AGREEMENT

The following articles of Agreement No. 4461 are hereby amended to read as follows:

SECTION 1. The foregoing Recitals are true correct and incorporated by this reference herein as material terms relied upon by the Parties in agreeing to and executing this Amendment No. 8.

SECTION 2. Section 1.1, Scope of Services, is hereby amended by adding those services generally identified in the Consultant’s proposal dated August 8, 2022, attached hereto as Attachment 1. The additional services shall be incorporated herein by reference into Exhibit “A”, Scope of Services.

SECTION 3. Section 2.1, Contract Sum, is hereby revised to reflect the total amended contract amount as herein specified by this Amendment No. 8 . The Schedule of Compensation, Exhibit “C” is hereby amended and increased by $573,850 to add these additional services:

Item 1S - 13

Amendment No. 8

TASK NAME ESTIMATED
HOURS

ESTIMATED
COSTS
A. Construction Support 3302 $573,850
TOTALS 3302 $573,850

Total maximum contract amount: $2,328,100.

SECTION 4. Exhibit “A” is amended as follows: See the attached sheet.

SECTION 5. Exhibit “C” is amended as follows: See the attached sheet.

SECTION 6. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement (A4461), unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No.8 and any provisions of the Contract Services Agreement (A4461), the provisions of this Amendment No. 8 shall in all respects govern and control.

SECTION 7. Corporate Authority. The persons executing this Amendment No. 8 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 8 on behalf of said party, (iii) by so executing this Amendment No. 8, such party is formally bound to the provisions of this Amendment No. 8, and (iv) the entering into this Amendment No. 8 does not violate any provision of any other agreement to which said party is bound.

[SIGNATURES ON NEXT PAGE]

Item 1S - 14

Amendment No. 8

IN WITNESS WHEREOF, the parties have executed and entered into the Amendment as of the date first written below.

ATTEST: CITY OF PALM SPRINGS, a California
charter city and municipal corporation

By: _______________________ By: ________________________ Anthony J. Mejia, MMC
City Clerk City Manager

APPROVED AS TO FORM:

By: _______________________
Jeffrey S. Ballinger
City Attorney

DOKKEN ENGINEERING:

By: Dokken Engineering

Check one: Individual Partnership X Corporation

Corporations require two notarized signatures: One signature must be from the Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.

By: Notarized Signature of Chair the Chairman of Board, President, or any Vice President.

By: Notarized Signature of Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer

By: ______________________________
Signature (notarized)

By: ______________________________
Signature (notarized)
Name: Richard T. Liptak______________ Name: Cathy Chan _________________ Title: President_____________________ Title: Secretary_____________________

Item 1S - 15

EXHIBIT "A"

SCOPE OF SERVICES

The following Scope of Services for the Indian Canyon Widening and Bridge Project, City Project No. 01-11, shall be added:

Task A. Construction Support

Task 1.0 – Project Management
Task 2.0 – RE File and 4‐Scales
Task 3.0 – Construction Site Visits
Task 4.0 – Request For Information (RFI) Responses
Task 5.0 – Environmental Commitments
Task 6.0 – Contractor Submittal Reviews
Task 7.0 – Contract Change Order (CCO) Packages
Task 8.0 – Slope Staking Notes
Task 9.0 – As‐built plans
Other Direct Costs Items

END OF ADDITIONS TO EXHIBIT "A"
Item 1S - 16

REVISED EXHIBIT "C"

SCHEDULE OF COMPENSATION

Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Consultant shall be made no more frequently than monthly. Lump sum payments shall be made to Consultant based upon completion of tasks, or pro-rata portions thereof noted below.

This Task Total
Previous Increase Lump Sum

Roadway Scope of Services
Task 1.0, Project Management $125,625 $0 $125,625
Task 2.0, Survey and Right-of-Way $166,325 $0 $166,325
Task 3.0, Preliminary Engineering Studies $7,500 $0 $7,500 Task 4.0, Geotechnical Design $6,300 $0 $6,300
Task 5.0, Environmental Approval $50,900 $0 $50,900
Task 6.0, Roadway Plans, Specifications
& Estimate (PS&E) $216,200 $0 $216,000
Task 7.0, Design Support During Bidding
& Construction $2,000 $0 $2,000
Task 8.0, Environmental Mitigation and
Monitoring Services $10,000 $0 $10,000
Amendment No. 5 – Interim widening, landscaped
median north of bridge & access road $165,000 $0 $165,000 Amendment No. 7 – SCE/utility support and
TCE extension support $0 $0 $173,000
Other Direct Costs $5,000 $0 $5,000
Total of all Tasks of Roadway Scope of Services $755,750 $0 $929,150

Bridge Scope of Services
Task 1.0, Project Management $12,200 $0 $12,200
Task 2.0, Survey and Right-of-Way $144,000 $0 $144,000
Task 3.0, Structure Advance Planning Studies $35,000 $0 $35,000 Task 4.0, Geotechnical Design $110,000 $0 $ 110,000
Task 5.0, Traffic Studies $7,500 $0 $ 7,500
Task 6.0, Environmental Approval $110,000 $0 $110,000
Task 7.0, Bridge Structural Plans, Specifications
& Estimate (PS&E) $343,800 $0 $343,800
Task 8.0, Railroad Coordination $6,000 $0 $6,000
Total of all Task Bridge Scope of Services $825,100 $0 $825,100

Item 1S - 17

This Task Total
Previous Increase Lump Sum
Construction Support
Task 1.0 – Project Management $0 $83,980 $83,980
Task 2.0 – RE File and 4‐Scales $0 $60,040 $60,040
Task 3.0 – Construction Site Visits $0 $84,640 $84,640 Task 4.0 – Request For Information (RFI) Responses $0 $84,690 $84,690 Task 5.0 – Environmental Commitments $0 $42,500 $42,500 Task 6.0 – Contractor Submittal Reviews $0 $45,820 $45,820 Task 7.0 – Contract Change Order (CCO) Packages $0 $102,340 $102,340 Task 8.0 – Slope Staking Notes $0 $26,500 $26,500
Task 9.0 – As‐built plans $0 $34,440 $34,440
Other Direct Costs $0 $8,900 $8,900
Total of All Task Construction Support $0 $573,850 $573,850

Grand Total of Contract $1,754,250 $ 573,850 $ 2,328,100

END OF REVISED EXHIBIT “C”

Item 1S - 18

1450 Frazee Road, Suite 100, San Diego, CA 92108  Tele 858.514.8377  Fax 858.514.8608  www.dokkenengineering.com August 8, 2022

Mr. Joel Montalvo, PE
CITY OF PALM SPRINGS
3200 East Tahquitz Canyon Way
Palm Springs, CA  92263

RE:  Indian Canyon Drive Widening over UPRR with Sewer to Tramview (with Add Alt) Amendment 8 Proposal – Construction Support (Road/Bridge and Sewer)

Dear Mr. Montalvo:

The purpose of this letter is to re
quest funds for design support during construction, as agreed to by the Project  Development  Team  (PDT),  on  our  contract  for  the  Indian  Canyon  Drive  Widening  over  UPRR Project  as  well  as  the  Indian  Canyon  Drive  Sewer  Installation  (Garnet  to  Tramview).  As  discussed,  the plan is to bid the Sew er  Improvements within the limits of the Road/Bridge Project as part of the Base Bid, then include the remaining southerly limits to Tramview Road as part of the Additive Alternate Bid.

This  proposal  for  design  support  during  construction  was  assembled  with  that  separation  in  mind, understanding that there is potentially more ti me and effort to be spent on the project by our support team  if  the  Additive  Alternate  Bid  (to  build  the  Sewer  Project’s southerly  limits  to  Tramview  Road)  is ultimately accepted into the project to be built by the Contractor.

We have separated the Construction Support Task into nine (9) S ubtasks  to better define our approach and assumptions for each, providing a breakdown of the estimated hours and costs for each Subtask. As is  typical  of  our  design  support  during  construction  efforts,  our  team  will  be  billing  on  a  Time  and Materials  (T&M)  basis,  only  allowing  staff  to  bill  for  actual  ti me  spent  on  each  of  the  Construction Support Subtasks.

A. Construction Support
A  new  task  shall  be  added  to  the  contract  to  provide  design  support  services  during construction.  Dokken  Engineering  will  provide  Construction  Support  under  the  following Subtasks with the anticipated maximums and estimated efforts for each provided:

Task 1.0 – Project Management (104 weekly construction meetings @ 1.5 hrs for 1 person eac h) Task 2.0 – RE File and 4‐Scales (340 total hours to gather RE File and color‐code quantity files) Task 3.0 – Construction Site Visits (50 site visits @ 4 hrs for 1 person each) Task 4.0 – Request For Information (RFI) Responses (100 RFI’s @ 4 hrs for 1 person each) Task 5.0 – Environment
al Commitments (340 hours to monitor and report on ECR compliance) Task 6.0 – Contractor Submittal Reviews (20 Submittals @ 10 hrs for 1 person each) Task 7.0 – Contract Change Order (CCO) Packages (20 CCO packages @ 25 hrs by 1 person each) Task 8.0 – Slo
pe Staking Notes (180 total hours to develop slope staking notes from new surface) Task 9.0 – As‐built plans (180 total hours to incorporate RE and Contractor notes into as‐builts) Included  in  Attachment  A  is  a  breakdown  of  hours  and  costs  required  to  accomplish  each  the  above Subtasks. The costs incl
uded as an ODC for this Construction Support effort ($8,900) account for updates Item 1S - 19
Mr. Joel Montalvo
August 8,
2022

to Preliminary Title Reports as needed to update TCE’s during construction. TCE expiration dates vary, but generally expire three (3) years from agreement dates. Below is a summary of the effort and cost.

TASK NAME  ESTIMATED
HOURS

ESTIMATED
COSTS
A. CONSTRUCTION SUPPORT 3302  $573,850
Task 1.0  ‐ Project Management  412  $83,980
Task 2.0  ‐ RE File and 4‐Scales  380  $60,040
Task 3.0  ‐ Site Visits  440  $84,640
Task 4.0  ‐ RFI Responses  470  $84,690
Task 5.0  ‐ ECR Compliance  340  $42,500
Task 6.0  ‐ Submittal Reviews  220  $45,820
Task 7.0  ‐ CCO Package Preparation  620  $102,340
Task 8.0  ‐ Slope Staking Notes  180  $26,500
Task 9.0  ‐ As‐Built Plans  240  $34,440
*ODC for Preliminary Title Reports ‐ $8,900
AMENDMENT 8 ‐ TOTAL NOT  TO EXCEED  $573,850
Please let me know if you have any qu
estions or comments.

Sincerely,
DOKKEN ENGINEERING
Richard T. Liptak, PE
Project Manager
1309/RTL/MPG
Attach.

Item 1S - 20

DOKKEN ENGINEERING
Transportation Solutions from Concept to Construction
City of Palm Springs
Indian Canyon Drive Widening over UPRR
Amendment 8 - Construction Support

ATTACHMENT A
Richard Liptak, PE
Project Manager
Michael Greer, PE, TE
Project Roadway Engineer
Rob Burns, SE
Project Bridge Engineer
Senior Engineer
Associate Engineer
Assistant Engineer
Senior CAD Manager
CAD Technician
Senior Compliance Officer
Environmental Monitor
Right of Way Manager
Right of Way Agent

TOTAL HOURS

TOTAL COST
Vicki Estrada, PLS
Principal Land Surveyor
Joe Esposito
CAD Draftsperson/Designer

TOTAL HOURS

TOTAL COST

TOTAL PROJECT HOURS

TOTAL PROJECT COST
$295.00 $235.00 $235.00 $235.00 $165.00 $115.00 $200.00 $115.00 $165.00 $105.00 $195.00 $155.00 $185 $116 A. CONSTRUCTION SUPPORT 0 466 438 150 510 320 100 430 278 160 50 100 3002 $526,010 60 240 300 $38,940 3302 $564,950 Task 1.0 - Construction Support (Project Management - 104 weekly meetings @ 1.5 hrs each) 156 78 78 20 40 372 $77,960 20 20 40 $6,020 412 $83,980 Task 2.0 - Construction Support (RE File and 4-Scales) 40 40 100 100 20 40 340 $55,400 40 40 $4,640 380 $60,040 Task 3.0 - Construction Support (Site Visits - 50 visits @ 4 hrs each) 100 100 100 100 400 $80,000 40 40 $4,640 440 $84,640 Task 4.0 - Construction Support (RFI Responses - 100 RFI's @ 4 hrs each) 50 100 50 100 50 50 10 20 430 $80,050 40 40 $4,640 470 $84,690 Task 5.0 - Construction Support (Environmental Commitments; Site Visits & Report) 80 100 160 340 $42,500 0 $0 340 $42,500 Task 6.0 - Construction Support (Submittal Reviews - 20 submittals @ 10 hrs each) 50 50 50 50 200 $43,500 20 20 $2,320 220 $45,820 Task 7.0 - Construction Support (CCO Packages - 20 packages @ 25 hrs each) 50 50 50 100 50 40 160 20 40 560 $94,000 20 40 60 $8,340 620 $102,340 Task 8.0 - Construction Support (Staking Notes) 20 20 20 40 80 180 $26,500 0 $0 180 $26,500 Task 9.0 - Construction Support (As-Built Plans) 40 40 100 180 $26,100 20 40 60 $8,340 240 $34,440 TOTAL HOURS 0 466 438 150 510 320 100 430 278 160 50 100 3002 $526,010 60 240 300 $38,940 3302 $564,950 OTHER DIRECT COSTS (ODCs) $8,900 $8,900 $0 $8,900
TOTAL COST w/ ODCs $0 $118,410 $102,930 $35,250 $84,150 $36,800 $20,000 $49,450 $45,870 $16,800 $9,750 $15,500 TOTAL $534,910 $11,100 $27,840 TOTAL $38,940 TOTAL $573,850 TOTAL COST $0 $118,410 $102,930 $35,250 $84,150 $36,800 $20,000 $49,450 $45,870 $16,800 $9,750 $15,500 $534,910 $11,100 $27,840 $38,940 $573,850 TASKS
Estrada Land PlanningDokken Engineering
Dokken Engineering 8/8/2022
Item 1S - 21

Attachment C
Item 1S - 22
1 Joel Montalvo
From: Joshua Nickerson <[email protected]>
Sent: Monday, June 6, 2022 10:38 AM
To: Joel Montalvo
Cc: Joshua Nickerson-C
Subject: FW: Important: End of FFY Deadlines: De-Obligations, E-76s, and FTA Transfers NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Hi Joel,

FYI, see below regarding Indian Canyon. Caltrans just confirmed that the City won’t receive AC conversion until after awarding the project. As time goes on, more and more projects are getting ready for construction (the Palm Springs has three on hold now, soon to be four with Ramon) so the strain on the program is only increasing.

Caltrans official recommendation is to award the project prior to the September survey so they can keep the AC conversion programmed in FY22/23.

Josh Nickerson, PE
Senior Engineer
NAI Consulting
e: [email protected]
p: (760) 323-5344
d: (760) 318-0184
c: (760) 861-2727

From: Sapp, Matthew@DOT <[email protected]>
Sent: Monday, June 6, 2022 10:34 AM
To: Joshua Nickerson <[email protected]>
Cc: Vergel De Dios, Alberto C@DOT <[email protected]>; Moreno-Castaneda, Eduardo@DOT <[email protected]>
Subject: RE: Important: End of FFY Deadlines: De-Obligations, E-76s, and FTA Transfers

Hello Josh,

HBP managers discussed 56C0025 and they have some questions and recommendations. Can you please provide some background information as to the City’s budget situation? As you had mentioned, the CON phase was authorized with AC on 6/9/2020, so we want to understand what has occurred. HBP managers would like to know if the project was ever advertised after the authorization to proceed was received. If it was, were there competent bids and what was the low bid?

Under general HBP procedures and in consultation with the HBP Advisory Committee on advancing funds for projects, a construction contract must be awarded prior to CON AC being converted to federal funds. On top of that, the HBP has a handful of on-system projects already in construction that are requesting Post Programming advancements, so the chance of this project getting an advancement in FFY 21/22 is unlikely.

Item 1S - 23

2 However, the end of the federal fiscal year is quickly approaching and the HBP is also receiving an increase of programming capacity next FFY (October 2022). Our hope is that the programming for the AC conversion on this project will remain in FFY 22/23 after October’s financial constraint. That said, it may be in the City’s best interest to advertise the project such that when the federal funds are available in the new FFY, that the contract award is issued by then.

Best Regards,

MATTHEW SAPP
CALTRANS - DISTRICT 8

DIVISION OF PLANNING - LOCAL ASSISTANCE
C: 909-963-9029

From: Joshua Nickerson <[email protected]>
Sent: Monday, May 16, 2022 10:15 AM
To: Vergel De Dios, Alberto C@DOT <[email protected]> Cc: Sapp, Matthew@DOT <[email protected]>
Subject: FW: Important: End of FFY Deadlines: De-Obligations, E-76s, and FTA Transfers Importance: High

EXTERNAL EMAIL. Links/attachments may not be safe.

Hi Albert,

In Matthew’s absence can you let me know if our two EPSP requests will be processed with the available OA?

Indio: 5275(017)
Palm Springs: 5282(017)

Let me know.

Thanks!

Josh Nickerson, PE
Senior Engineer
NAI Consulting
e: [email protected]
p: (760) 323-5344
d: (760) 318-0184
c: (760) 861-2727

From: Joshua Nickerson
Sent: Monday, May 16, 2022 10:12 AM
To: Sapp, Matthew@DOT <[email protected]>
Subject: FW: Important: End of FFY Deadlines: De-Obligations, E-76s, and FTA Transfers

Does this help our two EPSP requests?

5275(017) and 5282(017)?

Josh Nickerson, PE
Senior Engineer
NAI Consulting
e: [email protected]
Item 1S - 24
3 p: (760) 323-5344
d: (760) 318-0184
c: (760) 861-2727
From: Avila, Leslie@DOT <[email protected]>
Sent: Monday, May 16, 2022 10:07 AM
Cc: Vergel De Dios, Alberto C@DOT <[email protected]>; Yeung, Sean@DOT <[email protected]>; Burton, Aaron P@DOT <[email protected]>; Garcia, Cresencio@DOT <[email protected]>; Premdas, Evita T@DOT <[email protected]>; Sapp, Matthew@DOT <[email protected]>; Majali, Mohammad@DOT <[email protected]>; Wells, Pamela@DOT <[email protected]>; Moreno- Castaneda, Eduardo@DOT <[email protected]>; Germono, Marko@DOT <[email protected]>; Gonzalez, Enrique M@DOT <[email protected]>; Nguyen, Karen@DOT <[email protected]> Subject: Important: End of FFY Deadlines: De-Obligations, E-76s, and FTA Transfers Good morning,
The end of the Federal Fiscal Year (FFY) is fast approaching and the Obligation Authority (OA) utilization rate is a little higher this year (54.3%) compared to last year (47.2%). As of 4/30/22 $661,702,125 of Formula OA was remaining and $786,858,577 was Obligated, 54.3% used). The total OA this year ($1.44 Bil) is also higher than last year’s OA ($1.2 Bil).

This email is to inform you that Division of Local Assistance will be processing any Request For Authorizations/Adjustments (E-76s) on hold and then obligate incoming E-76s on a first-come first- served basis until all local OA is used or through August 15th. Please ensure to submit De-Obligations, E-76s, and FTA Transfer request by the deadlines identified below. E-76s are subject to availability of funds, so the sooner your agency can get the E-76s in, the better. For this reason, we are requesting that agencies submit a list of projects that need to be submitted before the end of the FFY to their respective Area Coordinators (see attached assignment list). Please work with your respective Area Coordinator to establish project authorization/adjustment priorities.

Local Agency Deadline District Deadline HQ Deadline
De-Obligations 06/15/2022 06/30/2022 07/15/2022
E-76 Deadlines 06/15/2022 06/30/2022 08/2022
FTA Transfers 07/08/2022 07/21/2022 07/31/2022
If
you have any questions, please reach out to your Area Coordinator.

Best regards,
LESLIE AVILA | Associate Governmental Program Analyst
Caltrans, District 8
Division of Planning, Local Assistance
[email protected]
909.501.5732
Item 1S - 25CJ

CITY COUNCIL STAFF REPORT
09/01/2022   1. T.

City Clerk -

SUBJECT

REQUEST FOR APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ECONOMIC & PLANNING SYSTEMS, INC. TO PREPARE AN

INCLUSIONARY HOUSING FEASIBILITY STUDY AND COMMERCIAL NEXUS STUDY (RFP 19-22)
RECOMMENDATION:

Approve Agreement No. A9187 with Economic & Planning Systems, Inc., a California corporation, in an amount not to exceed $105,000 for professional services for an inclusionary housing feasibility study and commercial nexus study.

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

Attachments
Item 1T

CITY COUNCIL STAFF REPORT
DATE: SEPT
EMBER 1, 2022 CONSENT CALENDAR
SUBJECT: REQUEST FOR APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ECONOMIC & PLANNING SYSTEMS, INC. TO

PREPARE AN INCLUSIONARY HOUSING FEASABILITY STUDY AND
COMMERCIAL NEXUS STUDY (RFP 19-22)
FROM: Justin Clifton, City Manager
BY: F li
nn Fagg, Deputy City Manager
SUMMARY:

This
is a request to approve a Professional Services Agreement with Economic & Planning Systems, Inc. (EPS) to prepare two studies: An inclusionary housing feasibility study, and a commercial nexus study. The amount of the contract is $105,000 for the two studies.

RECOMMENDATION:

1. Approv
e Agreement No. A9187 with Economic & Planning Systems, Inc., a California corporation, in an amount not to exceed $105,000 for professional services for an inclusionary housing feasibility study and commercial nexus study.

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

BUSINESS PRINCIPAL DISCLOSURE:

EPS is a
California corporation, with Jason Moody, Darin Smith, and Jamie Gomes listed as officers. The signed Public Integrity Disclosure form is included as Attachment A to this staff report.

BACKGROUND:

An ini
tial report on inclusionary housing ordinances was provided to the City Council on April 8, 2021; a t that meeting, S taff was requested to provide additional research and recommendations regarding the development of an inclusionary ordinance. Based on that direction, an Inclusionary Housing Workgroup was assembled by City S taff to assist in the compilation of data and studies, to discuss options and alternatives, and to formulate recommendations. Workgroup members included representatives of the construction and Item 1T - 1
development industry, affordable housing providers, and a member of the Planning Commission. The City Attorney’s office provided legal support for the workgroup.

Meetings of the workgroup were open and accessible to the public; representatives of Inland Equity Partnership and Desert Highland Gateway Neighborhood Organization attended the workgroup meetings, provid ed comments, and offered studies and information to assist the workgroup in preparing their recommendations.

The recommendations of the Inclusionary Housing Workgroup were presented to the City Council at the meeting of September 9, 2021. Following a review of the recommendations and discussion by the Council , Staff was directed to pursue an inclusionary housing feasibility study and a commercial nexus study to serve as a basis for any future legislation regarding inclusionary zoning and a commercial/housing linkage impact fee.

STAFF ANALYSIS:

Work
ing with the Department of Procurement & Contracting, a R equest for Proposals (RFP) was prepared to solicit services for the inclusionary housing feasibility study and commercial nexus study . On June 6, 2022, RFP 22 -19 was posted to the Planetbids website and electronically noticed to 16 prospective firms. The RFP was advertised in The Desert Sun newspaper on June 5 and June 12. The deadline for submittals, originally scheduled for June 30, was extended an additional week to provide additional time for firms to submit proposals. The only firm to respond to the RFP by the extended deadline was Economic & Planning Systems, Inc. (EPS).

A selection committee, consisting of staff members from the Community & Economic Development Department, the Department of Planning Services, and the City Manager’s Office was formed to review the proposal. After careful review of the proposal and verifying the references for EPS provided by Culver City, San Clemente and San Luis Obispo, the selection committee recommended that EPS be awarded the contract for the studies.

EPS has been providing housing and real estate development analyses since 1983, and now has three offices in California and one office in Colorado. EPS has provided inclusionary housing studies for the cities of El Segundo, San Clemente, South Pasadena, and other cities. They have provided commercial nexus studies for Burbank, Culver City, Mountain View, and other California cities.

In terms of the project schedule, EPS estimates that preparation of the reports will take approximately eight months from the award of contract. EPS will consult with identified stakeholders in preparing the reports and will schedule up to three virtual workshops to take public input. In addition, an online survey will be made available to solicit input from community members. Draft reports will be presented to the Planning Commission and City Council for review and comment; following the Council presentation, EPS will finalize the reports.

Item 1T - 2
ALIGNMENT WITH STRATEGIC PLANNING:

While the studies are not specifically identified as current strategic priorities, they are included as an action item in the 2022 Draft Housing Element ( Implementation Goal HS1.7, “Inclusionary Housing”). Development of these studies will assist in implementing the City’s goals relative to the production of affordable housing and market rate entry - level housing.

FISCAL IMPACT:

There are sufficient funds available in the current fiscal year General Fund Budget to cover the cost of the studies.

REVIEWED BY:

Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton

ATTACHMENTS:

A. Business Integrity Disclosure Form
B. Contract Services Agreement
Item 1T - 3

ATTACHMENT A
Item 1T - 4

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

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

6. Officers, Directors, Membe rs, Managers, Tru stees, Other F iduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General Partner  L imited Partner
Other ____________________ _______
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other ____________ ______________
________________________________  Offic
er  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other ___ _______________________
Economic & Planning Systems Inc.
1330 Broadway, Suite 450, Oakland, CA 94612
California
X
Jason Moody X
Darin Smith X
Jamie Gomes X
800 Wilshire Blvd, Suite 410, Los Angeles, CA 90017
Item 1T - 5

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

EXAMPLE

JANE DOE
[name of owner/i nvestor]
50% , A BC CO
MPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of ow ner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/i nvestor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [ percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest i n entity and name of entity]

I DECL ARE UNDER PENALTY OF PERJU RY UNDER T HE LAWS OF T HE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Jason Moody 15.1%, Economic & Planning Systems Inc.

Darin Smith
Teifion Rice-Evans
Jamie Gomes
Andrew Knudtsen

15.1%, Economic & Planning Systems Inc.

15.1%, Economic & Planning Systems Inc.

15.1%, Economic & Planning Systems Inc.

15.1%, Economic & Planning Systems Inc.

Ashleigh Kanat 6/21/2022
David Zehnder 24.4%, Economic & Planning Systems Inc.

Item 1T - 6

ATTACHMENT B

Item 1T - 7

C
ONTRACT SERVICES AGREEMENT A9187

INCLUSIONARY HOUSING AND NEXUS STUDY

THIS AGREEMENT FO R CONTRACT S ERVICES (“Agreement”) is mad e and entered into on September 5, 2022, by and between the City of Palm Springs, a California charter city and municipal cor poration (“City”), and Economic & Planning Systems, Inc. , a California Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City r equires the services of a Housing Study Contractor to prepare a Inclusionary Housing and Nexus Study, (“Project”).

B. C ontractor has submitted to City a proposal to provide Inclusionary Housing and Nexus Studies, under the terms of this Agreement.

C. Based on its e xperience, educat ion, training, and r eputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. Cit y des ires to retain the services of Contractor for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditio ns contained herein , and ot her val uable consi deration, t he receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Ser vices. In compliance with all ter ms and conditions of this Agreement, Contractor shall prov ide se rvices to City a s described in the Scope of Services/Work attached to th is Agreement as Exhibit “A” and incorporated herein by reference (the “ Services” or “ Work”). Exhibit "A" in cludes the a greed upon schedule o f performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordin arily exercised by hig h quali ty, e xperienced, and well qualif ied members of t he profession c urrently practicing under si milar conditions. In the event of any inconsistency between the terms contai ned in the Scope of S ervices/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 C ompliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing t he Services . Con tractor shall be lia ble for all v iolations of suc h laws and regulations in connection with the Services and this Agreement.

1.3 Li censes and Permits. Contractor shall obtain at it s sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.

1.4 F amiliarity with Work. By executing this Agreement, Contractor warrants that it has carefully considere d h ow the Work should be performed and fully under stands the facilities, difficulties, and restrictions a ttending perf ormance of the Work under this Agreement.

Item 1T - 8

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Con tractor shall be compensated and reimbursed for th e s ervices re ndered under this Agreement in accordance wi th t he schedule of fees set forth in Ex hibit “A” . The total amount of Compensation shall not exceed $105,000.00.

3.2 Method of Payment. In any month in which Co ntractor wishes to r eceive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the inv oice, no later than the first working day of s uch month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and co nsistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in t he Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any add itional fees. An amendment m ay be entered into:

A. T o provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional service s n ot included in th is Agreement or not customarily furnished in accor dance with ge nerally a ccepted practice in C ontractor’s profession.

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

4. PERFORMANCE SCHEDULE

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

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement ma y b e extended because of any delays due to a F orce Majeu re Event if Contractor notifies the Contract Officer within ten (10) days of the comm encement of the Force Majeure Event. A Forc e Majeure Event shall mean an event t hat materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) order s o f g overnmental authorities (includ ing, wit hout limitation, unreasonabl e and unforeseeable delay in the issuance of permits or approvals by governmental authorities Item 1T - 9
that
are required for the Work); and (4) pandemics, epidemics or q uarantine restrictions.

For p urposes of thi s section, “order s of gov ernmental a uthorities,” in cludes ordinances, emergency proclam ations and orders, rules to protect the public health, welfa re and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay , and extend the ti me for performing the Services fo r the peri od of t he enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Of ficer’s determination shall be final and conclusiv e upon the Parties to this Agreement. The C ontractor will not receive an adjust ment to the contract price or any other compensatio n. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier termin ated in accordance with Section 4.5 o f this Agreement, this Agreement shall continue in full force and effect for a period of one year , commencing on September 5, 2022, and ending on September 4, 2023, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the per iod o f notice shall be such shorter t ime as may be determined by the City . Upon r eceipt of th e notice of te rmination, Contractor shall immediately ce ase a ll Services excep t such as may be specifically approved by t he Contract Officer. Contractor shall b e entitled to c ompensation for all S ervices rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for an y costs ot her than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall n ot be entit led to damages or compensation f or termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it dee ms n ecessary to correct Contractor's d eficiencies and charge the cost th ereof to Contractor, w ho sh all be l iable for the ful l cost of th e City's corr ective action. Contractor may not terminate this Agr eement except for cause, upon thir ty (30 ) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative o f Contractor. T he f ollowing princ ipal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions i n its behalf wit h respect to th e specified Services: Ashleigh Kanat , Principal. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing pri ncipal is a substantial inducement for City to enter i nto this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agree ment for dire cting all activities of Contractor and dev oting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Office r. The C ontract Officer shal l b e the City Manager or his /her designee ("Contract O fficer"). Contractor shall be responsible fo r keeping the Contract Officer fully informed of the progress of the performance of the S ervices. Contractor shall refer any decisions that must be made by C ity to the Contr act Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontract ing or Assignment . The exper ience, knowledge, educ ation, capability, and reputation of Contractor, its principals, and Item 1T - 10
em
ployees, were a substanti al inducement for C ity to enter into this Agreement .

Contractor sh all not contract with a ny other individual or entity to perf orm any S ervices required under t his Agreement without the City's express wr itten approval. I n ad dition, neither this Agreement nor any inte rest may be assigned or transferred, vo luntarily or by operation of law, witho ut the prior wr itten approval of City . Subcontracts, if a ny, shall contain a provisions maki ng them subject to al l p rovisions sti pulated in this Agreement including without limitation the insurance and indemnific ation requirements. If Contractor is permit ted to subcontract a ny part of this A greement by Cit y, Co ntractor shal l b e responsible to City for th e acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing conta ined in this A greement shall create any contractual relationships between any subcontractor and City.

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

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

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

N ame: T itle:

Ashleigh Kanat Principal/Principal in Charge
Julie Cooper Vice President/Project Manager
Chinmay Damle Associate/Project Analyst
Darin Smith Managing Principal/Senior Advisor

5.6 California Labor Code Requirements.

A. Contractor is aware of the require ments of California Labor Code Sections 1720 et s eq. and 1770 et seq. , wh ich require the payment of prevailing wa ge rates and the performance of other requirements on certain “public works” and “maintenanc e” projects (“Prevailing Wage La ws”). If the Services are being perfor med as part of an applicable “public works” or “maintenance” pro ject, as defined by the Prevailing Wage Laws, and if the total compensation is $15 ,000 or more for ma intenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, off icers, employees, and agents free and harmless fr om any claims, liabilitie s, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Item 1T - 11
Pr
evailing Wage Laws. It sha ll be mandatory upon the Contractor and all subcontractors to comply wi th all California Labor Code provi sions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), c ertified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. I f the Services a re bei ng performed as part of an applicable “ public w orks” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demol ition, installation, or repai r, then pursuant to Labor C ode Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such S ervices must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of t he Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance mon itoring and enf orcement by the Department of Indus trial Relations. It shall be Contractor’s sole r esponsibility to comply with al l a pplicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To t he fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, i ts elected off icials, officers, employees, agents, and volunteers (collect ively the “Indemnified Parties”), from and against any and all liabilities, actions, suit s, claims, demands, losses, costs, ju dgments, arbitration awards, settlements, damages , demands, orders, penalt ies, a nd expenses i ncluding legal costs and attorney fees ( collectively “Claims”), including but not limited to Cla ims arising from injuries to or death of persons (Contractor’s employees included), for d amage to property , including property owned by City, for any violation of any federal, state, or local law o r o rdinance or in an y manner arising out o f, pertaining to, or incident to a ny acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause exc ludes Claims arisin g f rom th e sole negligence or willful misconduct of the Indemnified Parties . Under no circum stances shall the insurance requirements and limits set f orth in this Agreeme nt be con strued t o limit C ontractor’s indemnification obligation or other liability under t his Agreement. Contractor ’s indemnification obligatio n shall survive the expirat ion or earlier termin ation of t his Agreement until all actions a gainst the Indemnifi ed Parties for su ch matters indemnified are fully and finally barred by t he applicable statute of limitations or, if an ac tion is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obl igation to defend, indemnify, a nd/or hold harmless arises o ut of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the C laims ar ise out of, pert ain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this A greement, and, upon Contractor obtaining a final adjudic ation by a court o f Item 1T - 12
co
mpetent jurisdiction, Contr actor’s liability for s uch claim, including the cost to d efend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and e xpenditures pertaining in any way to this Agreement.

Contractor shall keep such books and r ecords as sh all be necessary to proper ly perform the Services required by t his Agreement and enable the Cont ract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 O wnership of Documents. All d rawings, spec ifications, reports, records, documents, and other m aterials prepared by Contractor in the perf ormance of t his Agreement shall be the property of City. Contractor shall deliver a ll above -referenced documents to City u pon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further e mployment or additional compensation as a resul t o f the exercise by City of its f ull rights or owners hip of the documents a nd materials. Co ntractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right t o use th e c oncepts embodied in such documents.

8.4 Release of D ocuments. All dr awings, specificatio ns, repor ts, rec ords, documents, and ot her materials pre pared by Contractor in the performance of Services under this Agr eement shall not be released publi cly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provi de City, or othe r agents of City, such access to C ontractor’s books, record s, pay roll document s, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, docum ents, and activities directly relate d to Contractor’s performance under this Agreement. Cont ractor shall m aintain such books, rec ords, data, and documents in accordance with gene rally ac cepted ac counting principle s and shall clearly ide ntify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. T his Agreement shall be construed and interpr eted both as to validity and to perf ormance of the parties in accordance wit h the laws of t he State of California. L egal action s con cerning any dis pute, claim , or m atter arising out of or in relation to this Agreement shall b e instituted in t he Superior C ourt of the County of Riverside, Sta te of Californ ia, or any other appropriate court i n such coun ty, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole accordi ng to its fair language and common meaning to achieve the objectives and purposes of the Parties.

The term s of this Agreement ar e contractua l and the result of negotiation bet ween t he Item 1T - 13
Pa
rties. Accor dingly, any rule of c onstruction of contracts (including, without limit ation, California Civil Co de Section 1654) that ambiguities a re to be construed agai nst the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agr eement are for conveni ence and identification pur poses only and shall not be deemed to limit, ex pand, or define the contents of the respective sections or paragraphs.

9.3 W aiver. No delay or omission in t he exercise of any right or remedy of a non - defaulting Party on any default shall impair s uch right o r re medy or be constru ed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or a pproval of any s ubsequent act of Contractor. Any waiver by either Party of any default must be in writing . No such waiver shall be a waiv er of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cum ulative. Except with respect t o rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal actio n, in law or in equity, to cure, correct, or r emedy any d efault, to recover damages for any defau lt, to c ompel specific per formance of this Agreement, t o ob tain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to suc h other relief as m ay be granted, t o recover from the non - prevailing Party all reasonable costs and expenses. Thes e include but are not limited to reasonable attor ney fe es, ex pert contrac tor fee s, court cos ts a nd all fees , cos ts, and expenses incurred in a ny appeal or in co llection of a ny judgment entered in suc h proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Of ficers and Employees. No officer or employee of City shall be pers onally liable to the C ontractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due t o the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

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

10.3 Covenant Against Discrimination. In connection with its pe rformance under this A greement, Contractor shal l n ot discriminate agai nst any employee or applic ant for employment because of actual or perceived race, religion, color, sex, age, marital st atus, ancestry, national origin ( i.e., p lace of origin, immigration statu s, cultural or linguist ic characteristics, or ethnici ty), sexual orientation, gender ident ity, gender ex pression, physical or mental disabi lity, or medical condition (each a “prohibi ted basis”). Contractor shall ensure that applicants are employed, and tha t employees are treated during their Item 1T - 14
em
ployment, with out regard to any prohibited basis. As a condition precedent to City’s lawful capacity to ente r th is Agree ment, and in executing this A greement, Contractor certifies that its actions and omissions hereunder shall not incorporate any dis crimination arising from or related to any prohibited basis in any Contractor activity, includin g but not limited to t he follo wing: employment, upgrading , demotion or tr ansfer; recruitment o r recruitment advertising; layoff or termination; rates of pay or other f orms of compensation; and selection for training, including apprenticeship; and further, that Contr actor is in full compliance wit h the provis ions o f Palm Sp rings Municipal Code Secti on 7.09. 040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by p re-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mai led as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
A ttention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Economic & Planning Systems, Inc.

Attention: Ashleigh Kanat, Principal
949 South Hope Street, Suite 103
Los Angeles, CA 90015-1454

11.2 I ntegrated Agreemen t. This Agreement constitutes the entire under standing between the Parties and s upersedes and cancels all prior negotiations, a rrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

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

11.4 S everability. Whenever possible, each provision of this Agre ement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this A greement shall be declared invalid or unenforce able by valid judgment or decree of a court of competent jurisdic tion, such invalidity or unenforceability shall not affect any of the remaining phrases, sent ences, clauses, paragraphs, or sec tions of this Agreement, which shall be interpreted to carry out the intent of the Parties.

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

11.6 Third Part y Beneficiary. Ex cept as may be e xpressly provi ded for in this Agreement, no thing contained in this Agreement is i ntended to confer, nor shal l this Agreement be construed as c onferring, any rights, including, without limitation, any r ights as a third -party beneficiary or otherwise, upon any ent ity or p erson not a party to this Agreement.

Item 1T - 15

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

11.8 Authority. The person s executing this Agreement on behalf of the P arties warrant that t hey are duly authori zed to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

11.9 Counterparts. This A greement may be signed in counterpa rts, each of whi ch shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Item 1T - 16

S

IGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY A ND BETWEEN THE C ITY OF PALM SPRINGS AND ECONOMIC & PLANNING SYSTEMS, INC.

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

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature

(2nd signature required for Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________ Agreement No. _________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 1T - 17

EX
HIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance
Item 1T - 18

SCOPE OF WORK

1.1 Background:

Location and Population. The City of Palm Springs, California, inco rporated in 1938, is located at the base of the San Jacinto and Santa Rosa Mountains, and serves as the western gateway to the Coachella Valley. The city maintains the charm of a small town, while offering the amenities of an urban center. The city is 95 square miles in area and has 44,575 permanent residents and another 30 ,000 seasonal residents and receives approximately 5,000,000 visitors annually.

General Plan. The General Plan document was last comprehensively updated in 2007.

The City is currently in the process of updating the Land Use Element, Circulation Element, and Safety Element; these elements are scheduled for adoption by summer 2022. An updated Housing El ement was prepared earlier this year and is currently under review by the Department of Housing and Community Development. The remaining elements of the General Plan (Recreation Element, Air Quality Element, Community Design Element and associated appe ndices) will be updated at a later date.

The policies of the General Plan are greatly influenced by the desire of the community to preserve open space and protect natural resources, maintain and enhance community character.

The production of housing that is affordable to workers in the primary employment sectors (tourism, services, retail) is necessary for such industries to remain viable. As new employment -generating development occurs in the C ity, additional affordable housing will be required to house a portion of the new lower wage workforce. The cost to construct new housing units is higher than can be supported by the rents or home prices that many workers will be able to pay. An economic feasibility study for an inclusionary housing ordinance and a C ommercial / Housing Nexus study are desired by the City of Palm Springs to evaluate potential programs and policies to build more affordable housing.

1.2 Scope:

The objective of these two separate but related studies is to identify opportunities to fund and produce affordable housing in Palm Springs.

A. Inclusionary Housing Economic Feasibi lity Study . Complete an Inclusionary Housing Economic Feasibility Study and:

1. Review recent changes to relevant state laws pertaining to housing production and developmen t, i ncluding standards and guidance for “economic feasibility studies” established in Assembly Bill 1505 (2017) and as provided by the California Housing and Community Development Department.

2. Research recent development activity in the area and identify f our to six common residential development prototypes for use in the feasibility analys is.

These prototypes should include representative ownership and rental properties.

3. Establish a baseline for each residential prototype developed within the City.

4. Collect data related to revenues and costs for projects similar to the identified prototypes.

Item 1T - 19

5. Collect data from developers, lenders, and investors to document the profitability of residential real estate under current conditions.

6. In consultation with City st aff and local real estate industry stakeholders, identify the typical level of profitability of recent residential projects.

7. In consultation with City staff, identify three to five specific policy design alternatives that will be evaluated. Each alternat ive should include a specific set of affordable housing requirements and potential incentives or offsets to the cost of compliance.

8. Develop project proformas that illustrate the economics of development of each prototype under current conditions and requirements under each of the defined policy alternatives.

9. Compare the profitability of development for each prototype under each policy scenario with the threshold or minimum profitability established for the current market in order to evaluate the feasibility of each alternative.

10. Conduct a sensitivity analysis to identify the extent to which variations in key inputs such as market rents or construction costs would lead to different findings regarding feasibility.

11. Determine how incen tives such as density bonuses, parking requirement and fee waivers may impact profitability in each of the scenarios.

12. Collect impact fee data from adjacent municipalities and assess the impact that an inclusionary ordinance may have relative to other area jurisdictions and the regional context.

B. Commercial/Housing Nexus Study. Complete a Commercial/Housing Nexus Study and document the relationship between job creation and affordable employee housing needs of various types of development. Various types of development include, but are not limited to, hotels, retail, office, manufacturing, warehousing, and other commercial or industrial uses. The study shall include the following:

1. Baseline for each prototype developed within the City.

2. Description of the linkage between non-residential development and housing needs, specifically evaluating the nexus between commercial development and the housing needs of lower - and moderate-income employees whose jobs are created, directly or indirectly, by the development of such non-residential uses.

3. Collect data from developers, lenders, and investors to document the profitability of each prototype under current conditions.

4. Determine an appropriate contribution to the development of affordable housing from non -residential uses, based on the square footage and type of non- residential use (Linkage Fee).

5. Collect impact fee data from adjacent municipalities and assess the affect that the Linkage Fee may have relative to Palm Springs’ competitiveness as a location for new development.

C. Outreach and Citizen Participation. Provide outreach to stakeholders and interested citizens relative to the studies, and;

1. Prepare presentation and outreach materials.

Item 1T - 20

2. E
stablish a website to inform and educa te the public about Inclusionary Housing and the purpose of the Inclusionary Housing Economic Feasibility Study and Commercial/Housing Nexus Study and create an on- line survey to solicit feedback from community members.

3. Collect data and information from st akeholders, citizens, and other interested parties to assist in forming recommendations.

1.3 Deliverables:

At a minimum, the following deliverables shall be provided to the City by the selected consultant for the two related studies:

A. Report – Inclusionary Housing Economic Feasibility Study . Produce a final written report including:

1. A summary of the research process.

2. An accessible and understandable overview of the feasibility study methodology and its most significant findings.

3. A technical but concise descript ion of the specific methodology employed, the general attributes of any studied prototypes, the policy design options (requirements and incentives) evaluated and the findings regarding the economic feasibility of each prototype under each policy alternative.

4. Recommendations for the design of an inclusionary housing policy based on the results of the analysis, including:
o The share of affordable housing units that could be required in new residential housing projects without significant negative impacts on the rate of residential building (or a range of potential supportable requirements); o The income targets for required affordable rental and ownership units; o The mix of incentives, if any, which would be needed to make the recommended level of affordable housing requirements financially feasible; o The level (or range) of i n-lieu fees that would result in the fee option being approximately financially equivalent to the cost of onsite compliance for typical projects.

5. Recommendations of additional housing policy alternatives for consideration by the jurisdiction which might complement the proposed inclusionary housing policy or better address market conditions and needs identified in the course of study.

6. Recommendations regarding best practices for ongoing monitoring of the affordable housing units created under an inclusionary housing policy.

7. Neighboring jurisdiction entitlement and permit fees for residential, hotels, retail, office, manufacturing, warehousing, and other commercial or industrial uses.

8. One or more technical appendices which provide detailed disclosure of the specific inputs and other assumptions at a level of detail that would enable another qualified profession to reproduce the results presented in the study.

9. One or more technical appendices presenting the results of sensitivity analysis documenting the extent to which the study results would be different under differing assumptions for key inputs including rents, home prices, constructions costs and land costs.

Item 1T - 21
B. P
resentations. Provide a presentation to the City Council regarding the study results as follows:

1. L ead a presentation of findings and recommendations as part of a City Council meeting discussion item.

2. Lead a presentation of findings and recommendations as part of a Planning Commission meeting discussion item, if required.

C. Based on revisions from the Planning Commission and City Council, deliver final documents to staff in electronic format (pdf and Word documents).

1.4 Resource Documents:

The following documents are available on the City ’s website or in electronic format for reference.

A. 2007 General Plan.

B. Draft 2021 Housing Element.

C. Palm Springs Zoning Code.

D. Palm Springs Zoning Map.

E. Adopted Specific Plans (Canyon South Specific Plan, College Park Specific Plan, Desert Palisades Specific Plan, Downtown Palm Springs Specific Plan, Section 14 Specific Plan).

F. Map of Approved Projects.

1.5 Schedule:

The proposed project schedule is listed in the chart below:

Proposed Project Schedule
Notice to Proceed September 5, 2022
Submittal of First Draft to City February 1, 2023
Final Report Due to City March 15, 2023
Attend City Council Meeting April 2023

1.6 Compensation:

Work will be co mpensated on a lumpsum basis for each study. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope.

The Contractor may request monthly payments based on the percentage of work completed for the p revious month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless
the contract is modified for additional work requested by the City.

Item 1T - 22

Item 1T - 23
ITEM
1 2
Total
ATTACHMENT " F"

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 19-22)

INCLUSIONARY HOUSING AND NEXUS STUDY

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOT with Electronic File #1, Technical/Work Proposal")

DESCRIPTION QUANTITY UNIT OF SUBTOTAL

MEASURE
lnclusionary Housing 1 Lumpsum $52,500 Study as outlined in the Scope of Work
Nexus Study as 1
outlined in the Scope Lumpsum $52,500
of Work
$105,000
Certified by: _____________________ _
Fimi Name:. ___ E_c_o_no_n_li_c_&_P_la_n_n_in_g_S_ys_t_em_s_ ln_c. _______ _ Signature of Authorized Person: a{llt1 ~
Printed Name: __ As_ h_le_ig_h_K_a_na_t _____________ _ Title: _____ Pr_in_ci_pa_l _______________ _
Oate: _____ 81_812_ 0_22 ________________ _

EXHIBIT
“B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1T - 24

INSURANCE

1. P rocurement and Maintenance of Insurance. Contractor shall procure and maintain public liability an d pr operty damage insur ance against al l cla ims for i njuries against pers ons or damages to property resulting from Cont ractor’s per formance under this Agreement. Contractor shall procure and m aintain all insurance at its sole cost and expense, in a form and cont ent satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insuran ce shall be ke pt in full force and effect during the term of this Agr eement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insuran ce evidencing t he f oregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Sc ope of Insurance. The minimum amount of insu rance required under this Agreement shall be as follows:

1. Comprehensive gener al liability and personal i njury wit h limits of at least o ne million dolla rs ( $1,000,000.00) combined single lim it coverage pe r occurrence and t wo million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least o ne million d ollars ($1,000,000.00) per occurrence;

3. Professional liability ( errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;

4. Workers’ Compensation insurance in the st atutory amount as required by t he State of Cal ifornia and Em ployer’s Liability Insu rance with limits of at least one mil lion dollars $1 million per occurrence . If Contractor has no employees, Contractor shal l complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims relat ed to this Agreement, Contractor’s insurance coverage shall be primary with res pect to the City and it s respectiv e el ected officials, officers, empl oyees, agents, and v olunteers. Any insurance or self- insurance maintained by Ci ty a nd its respective electe d officials, officers, e mployees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Con tractor provides claim s made prof essional liability insur ance, Cont ractor shal l also agree in writing either (1) to purchase tail insura nce in the amount required by this Agreement to cov er cla ims made wit hin three years of t he compl etion of Contractor ’s Item 1T - 25
servi
ces under this Agreement, or (2) to maintain professional liability insurance coverage with the same carr ier in the amount r equired by this Agreement for a t least thr ee years after completion of Contractor ’s services under thi s Agreement. Contractor shall also be required to prov ide ev idence to City of the purchase of the required tail in surance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurer s in good standin g with the State of California. Coverage shall b e provided by insurers admitted in the State of California with an A. M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificat es of insurance and endorsements, including addit ional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person auth orized by that insurer to bind coverage on its behal f. All proof of insurance is to be r eceived and approved by the City before work co mmences. C ity reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance poli cies a t any ti me. A dditional insured endorsements a re no t required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General an d/or Auto Liability Endorsement Form for the C ity of Palm Sp rings or (2) an acceptable Certificate of L iability Insurance Cov erage w ith an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

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

B. " This insurance is pri mary and non -contributory over any i nsurance or self - insurance t he City may have..." (" as respects City of Palm S prings Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. " Should any of the above desc ribed policies be canceled before t he expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "bu t failure t o mail such notice shall impose no obligation or liabil ity o f a ny kind upon the company , its agents or representative" is not acceptable and must be crossed out.

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

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

Item 1T - 26
All ce r
tificates of insurance and endorsements are to be received and approved b y the City before work commences. All certificates of insurance must be authorized by a person with authority to bind cov erage, whether that is the authorized agent/broker or insura nce underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and S elf-Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, of ficers, employees, agents, and volunteers; or (2) C ontractor sh all procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance mus t include evidence of the amoun t of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severabil ity of I nterests (Separation o f Insureds) . This i nsurance applies separately to each in sured agains t whom claim is ma de or suit is br ought except with respect to the limits of the insurer’s liability.

Item 1T - 27

CITY COUNCIL STAFF REPORT
09/01/2022   1. U.

City Clerk -

SUBJECT

REQUEST BY THE TIM VONTZ TRUST, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1864 SOUTH

BARONA ROAD, A CONTRIBUTING STRUCTURE IN THE SANDCLIFF GARDEN APARTMENT HOMES HISTORIC DISTRICT (APN #510-040-018) (HSPB #93/HD-5) RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, The Tim Vontz Trust, and the Sandcliff 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 1U

CITY COUNCIL STAFF REPORT
DAT
E: S EPTEMBER 1, 2022 CONSENT CALENDAR
SUBJECT: REQUEST BY THE TIM VONTZ TRUST, OWNER, FOR APPROVAL OF A

MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR
1864 SOUTH BARONA ROAD, A CONTRIBUTING STRUCTURE IN THE

SANDCLIFF GARDEN APARTMENT HOMES HISTORIC DISTRICT (APN #510-040-018) (HSPB #93/HD-5)
FROM: Justin Clifton, City Manager
BY: Department of Planning Services
SUMMARY:

Th
is is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with t he Tim Vontz Trust (O wner) and the Sandcliff Garden Apartment Homes Homeowners Association. The intent of this contract is to require maintenance and preservation of 18 64 South Barona Road , a contributing structure in a C ity-designated historic district 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, The Tim Vontz Trust, and the Sandcliff 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 Febr
uary 3, 2016, the City Council designated Sandcliff Garden Apartment Homes, located at 1800 South Barona Road (HSPB #93 / HD-5), a historic district via Resolution No. 23963. The Council identified al l the residential buildings within Sandcliff as contributing resources in the historic district. The dwelling at 1864 South Barona Road is a contributing structure within the historic district.

Pursuant to California Government Code Sections 50280 – 50290, upon the application Item 1U - 1
City Council Staff Report
September 1, 2022 – Page 2
Mills Act Agreement – 1864 South Barona Road
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.

BE
LOW IS THE ENTRY VIEW OF 1864 SOUTH BARONA ROAD
Pur
suant 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 1864 South Barona Road meets this definition because it is a contributing structure within the Sandcliff Historic District and the Sandcliff Historic District is listed in the City of Palm Springs register of Historic Sites and Districts as site HSPB #93 / Historic District #HD-5.

FISCAL IMPACT:

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

Item 1U - 2
City Council Staff Report
September 1, 2022 – Page 3
Mills Act Agreement – 1864 South Barona Road
REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:

A. Vic
inity Map
B. Resolution 23963
C. Letter from Owners dated July 14, 2022
D. Letter from the Homeowners Association dated July 14, 2022 Item 1U - 3
Attachment A
Item 1U - 4

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
1864 South Barona Road
HSPB 93 HD-5

Item 1U - 5
L,eg-end
- site
- soo· Site Radius
ANIZA-T~l
•
.
.

W E . .
.
s
Attachment B
Item 1U - 6
Item 1U - 7
R ECORDING REQUESTED BY:

CITY OF PALM SPRINGS
ND WHEN RECORDED MAIL TO: A
C
p
ity of Palm Springs
. 0. Box 2743
p aim Springs, CA 92263
A ttn: Office of the City Clerk
4'-ilA
Page
8 SIZE
2016-0104541
03/17/2016 12 :52 PM ~ee · $ 0 .00

Recorded in Official Records
County of Riverside Peter Aldana
Assessor-County Clerk-Recorder
1111 ~~~ f61~(~~~~~~j·~~,c.:~,11111
R A Exam: "'\$' \
DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert cc
\
NCOR SMF ~ T: \"'(:)<:.."'O. c..c..

FIiing fee EXEMPT per Government Code 6103 ¢
RESOLUTION NO. 23963

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA,

DESIGNATING THE SANDCLIFF GARDEN

APARTMENT HOMES CONDOMINIUMS AS
HISTORIC DISTRICT NO. 5 AND ADOPTING A
CLASS 31 CATEGORICAL EXEMPTION UNDER
CEQA FOR PROPERTY LOCATED AT 1800
BARONA ROAD (CASE HSPB 93/HD 5).

Title of Document

THIS AREA FOR

RECORDER'S

USE ONLY

THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Acldltlonal Recording Fee Applies)
Item 1U - 8
RESOLUTION NO. 23963

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DESIGNATING THE

SANDCLIFF GARDEN APARTMENT HOMES
CONDOMINIUMS AS HISTORIC DISTRICT NO. 5 AND
ADOPTING A CLASS 31 CATEGORICAL EXEMPTION
UNDER CEQA FOR PROPERTY LOCATED AT 1800
BARONA ROAD (CASE HSPB 93/HD 5).

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts.

B. The Sandcliff Garden Apartment Homes Homeowners Association (SGAH) in conjunction with the Palm Springs Preservation Foundation (PSPF) filed an application with the City for historic district designation of the Sandcliff Garden Apartment Homes condominium complex pursuant to PSMC Chapter 8.05. The application included a historic resources report about the complex dated March 15, 2015.

C. In May 2015, members of the Historic Site Preservation Board (HSPB) conducted guided site inspections of the proposed historic district accompanied by City staff.

D. A significant number of unit owners within the Sandcliff Garden Apartment Homes (SGAH) condominium association have indicated their support of the proposed historic district designation.

E. A notice of a public hearing of the Historic Site Preservation Board of the City of Palm Springs to consider designation of the Sandcliff complex was issued in accordance with applicable law.

F. On May 12, 2015, the HSPB conducted a public hearing in accordance with applicable law to consider designation of the Sandcliff Garden Apartment Condominiums as a historic district and at said hearing voted to recommend that the City Council designate the Sandcliff Garden Apartment Condominiums (Case HSPB #93) as historic district #HD-5.

G. A notice of a public hearing of the City Council of the City of Palm Springs to consider historic district designation of the Sandcliff com lex was iss with applicable law. CERTIFIED COPY
I certify that this Is a true and correct copy of the document on file in the official records of the City of Palm Springs. 't-.~ ~ · \b. 'Qo\b
Chief Deputy City Clerk
This certification must appear In blue with an orlglnal signature.

Item 1U - 9
Resolution No. 23963

H. On February 3, 2016, the City Council conducted a public hearing in accordance with applicable law to consider historic district designation of the Sandcliff Garden Apartment Condominiums.

I. The proposed historic d:str!Gt designation is considered e projeci. pursuant to th~ terms of the California Environmental Quality Act (CEQA} and has been determined to be Categorically Exempt from further evaluation under CEQA as a Class 31 exemption (historic resources restoration / rehabilitation) pursuant to Section 15331 of the CEQA Guidelines.

J. Pursuant to Municipal Code Section 8.05.160, the City Council, in evaluating a historic district application, must find that the designation of the site or district supports or furthers the purpose of the historic preservation ordinance. As stated in Section

8.05.010, "Purpose and Authority" the Historic Preservation ordinance is " ... For the purpose of preserving areas and specific buildings of the city which reflect elements of its cultural, social, economic, political, architectural and archaeological history. This chapter is intended to stabilize and improve buildings, structures or areas which are considered to be of historical, architectural, archaeological or ecological value, to foster civic beauty, to strengthen the local economy and to promote the use of specific buildings for the education and welfare of the citizens." The Sandcliff Garden Apartment Condominium complex (SGAC) reflect elements of the City's cultural and architectural history as explained in the defining criteria outlined below including being representative of a particular period in local history and embodying distinctive characteristics of a building type and architectural style. The proposed designation of the Sandcliff complex as a historic district is supported because it imbues aspects of the cultural, social, economic and architectural history and development of the City. It possesses a high-degree of integrity in terms of its ability to convey its historic significance in the context of the social and physical development of Palm Springs and the modern period of architecture for which Palm Springs is well known. Therefore the proposed historic district designation conforms to the required finding.

K. Pursuant to Municipal Code Chapter 8.05.020 ('Definitions'), in order for an area within the City to be considered for possible historic district designation, it must contain a number of structures, natural features or sites that possess " ... historic, architectural, archaeological, cultural or aesthetic significance.".

The City Council finds that the Sandcliff Garden Apartment Condominiums Historic District possesses a number of structures and features that possess historic, Item 1U - 10
Resolution No. 23963
Page3
architectural, cultural and aesthetic significance as defined in the following criteria outlined in PSMC 8.05.020:

Criteria #3. That reflects or exemplifies a particular period of the national. ste!s c.-Joclil hi:;tory;
The buildings within the proposed Sandcliff Historic District reflect the Modern Period in local architectural history; specifically the period of significance proposed is from the early 1950's to the late 1960's. It was during this period that the City of Palm Springs, in response to rapid population growth following World War 11, studied the inventory of housing types that existed in the city and began establishing more multi-family zoning designations in many of the open, undeveloped parts of the city. This in turn encouraged a greater variety of housing types, including garden style apartments to be developed.

The development of the garden apartments at Sandcliff are a response to the significant increases in growth in population that Palm Springs was experiencing after World War II and the shortage of high quality, affordable housing stock. As noted on page 10 of the historic resource report, from 1950 to 1956, the population in Palm Springs grew by an astonishing 60%. The City responded to this dramatic increase in population by creating more medium and high-density residential zones and in turn, developers responded by producing literally hundreds of garden style homes and multi­ family apartment and condominium complexes. The FHA began to insure mortgages on condominium developments in 1961, making the financing of "apartment homes" affordable and attractive to a growing number of families and individuals.

Criteria 4. That embodies the distinctive characteristics of a type, period or method of construction;
The buildings in the proposed Sandcliff Historic District reflect a low-cost approach to home construction. Stripped of ornament, high quality finishes, expensive details or lavish materials, the developers of the homes at Sandcliff focused their resources on providing technological features that were advanced for their time, and amenities such as built-in sound systems, built in-kitchen gadgets, contemporary appliances, air conditioning and sunken tubs.

Buyers in the early 1960's in Palm Springs were comparing features and value of the post-and-beam construction common in the housing tracts that the Alexander Construction Company began in the mid-1950's with the conventional "stick-built" frame construction of the Sandcliff homes; which were typically better insulated, offered larger kitchens with more gadgets, appliances and storage. Not only does the construction typology of Sandcliff reflect the market demand at that time for convenience and "state- Item 1U - 11
Resolution No. 23963
Page4
of-the-art" gadgetry, it is also reflective of the fiercely competitive nature of producing affordable housing. That which wasn't essential for convenience or comfort within the proposed units was stripped away, leaving the physical architecture of the buildings simple, clean, and uncluttered. During the period in which Sandcliff was built, modern architecture, with its "les~ is m,:>rG" mcuitra \i"v·as er.1braced i.~•-bo~li Jev~bpei·~ ~9eki'.·,g to maximize profits and home-buyers seeking to minimize the time and effort required for maintenance and upkeep.

L. The boundaries of the proposed historic district are Barona Road on the west, Sandcliff Road on the north and east, and Morongo Trail on the south.

M. The Sandcliff Garden Home Apartment Condominiums Historic District's period of significance is roughly from the early 1950's to the mid-1960's.

N. The context within which the Sandcliff Garden Home Apartment Condominiums Historic District is identified with the post-World War II growth of Palm Springs as a worldwide vacation and resort destination. The period following World War II saw increasing seasonal and permanent population in Palm Springs and from a 1950's report on the housing stock of the City it was determined that a shortage of affordable homes existed. Many areas in the City were re-zoned from low-density to medium and high-density residential zones to encourage an increase in production of different housing stock options.

0. Contributing, Non-Contributing, and Defining Historic Characteristics or Elements The physical character-defining features of this site include the following:

1. The strong horizontal roof planes of all buildings and structures on the site, emphasized by the thin fascia of the roof structure and deep patio overhangs, interspersed with simple rectilinear volumes of the kitchens which protrude above the roof fascia to provide visual balance to the overall composition.

2. Narrow natural-anodized aluminum-frame windows and sliding glass doors.

3. The variety of concrete screen block privacy walls at patios and terraces.

4. The lightly raked stucco accent panels above and below the kitchen windows.

The contributing elements of the complex are recommended as follows:

1. All residential structures within the Sandcliff complex are recommended to be designated as Contributing Structures and individually treated as Item 1U - 12
Resolution No. 23963

Class 1 historic structures pursuant to Section 8.05.125 of the Palm Springs Municipal Code.

2. The swimming pool and pool cabana structure are recommended for designation as Contributing Structures and treated as Class 1 historic struct .. ies.

The non-contributing elements are recommended as follows:

1. The driveways, carports and service areas along Sandcliff road.

2. The common area landscape.

3. Any new or modified privacy walls, canopies, shade trellises, surface mounted conduit, antenna, satellite dishes, floor tile at patios, screen doors of varying designs, steel picket gates of varying designs, vinyl replacement windows and doors.

P. Integrity. The factor of integrity, while not a requirement of the Municipal Code Findings, is a factor that is considered in applications made to the National Trust for Historic Places and in certain state historic designations. The report concludes that the buildings within the proposed Sandcliff historic district have undergone limited alterations and that most of the character-defining features survive. Thus, the sites within the district retain a high degree of historic integrity.

Q. The specific parcels proposed for inclusion in the Sandcliff Historic District are as follows:

Assessor Parcel Numbers 510-040-001 to 040 and the common lot-041

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA HEREBY RESOLVES:

Based upon the foregoing, the City Council hereby designates the Sandcliff Garden Apartment Condominiums located at 1800 South Barona Road and as bounded by Barona Road, East Sandcliff Drive, South Sandcliff Drive and, Morongo Trail , Palm Springs, California, as "HSPB #93, Historic District #HD-5."

1. The property owner shall permit the City to place a historic marker of the City's choosing at the site. The marker shall be placed in a location visible from the public right-of-way. The owner shall maintain the marker in the location installed and pay for the replacement cost if the plaque is lost, stolen, or otherwise removed from the property.

Item 1U - 13
Resolution No. 23963
Page6

2. All future modifications of the existing structures, as well as, any new buildings proposed on the site shall require HSPB review pursuant Municipal Code Ordinance 8.05.180.

4. That the City Clerk submits the Council Resolution to the County recorder for recordation within 90 days of the effective date of this resolution.

5. Any alterations or modifications to the exterior approved prior to the designation of this site by the City Council shall be considered legal, non-conforming only as to Section 8.05 of the Palm Springs Municipal Code.

ADOPTED THIS 3RD DAY OF FEBRUARY, 2016.

ATTEST:

Item 1U - 14
Resolution No. 23963

CERTIFICATION

STATE OF CALIFORNIA )
Cl")• 'NTY oc RI' 'F:Rc:.-•or: , ')~~ '-"''-' ' ' .v - ,..,. L- , -

CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Resolution No. 23963 is a full, true, and correct copy , and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 3 rd
day of February, 2016 , by the following vote:

AYES:

NOES:

ABSENT :

ABSTAIN:

Councilmember Foat, Councilmember Kors, Councilmember Roberts , Mayor Pro Tern Mills, and Mayor Moon.

None.

None.

None.
es Thompson , City Clerk
ity of Palm Springs, Califor~J, 4-/ zo 1 ~

Attachment C

Item 1U - 15
Item 1U - 16
July 14, 2022
Ken Lyon
Principal City Planner
Historic Preservation Officer
Department of Planning Services
City of Palm Springs, California
3200 Tahquitz Canyon Way
Palm Springs, California 92263
Dear Mr. Lyon,

RECEIVED
JUL 1 9 2022
!PLANNING SERVICES

DEPARTMENT
My husband, Kevin Heaney, and I are the owners of 1864 S Barona Rd, Palm Springs, CA 92264 (APN 510-040-018), one of the contributing structures within the Sandcliff Garden Homes Historic District (HSPB #93/Historic District #5). I am writing to request the city initiate the Mills Act process with me and the Sandcliff Homeowners Association.

I am enclosing a check for $1,192 to cover the application fee to start the process. I am also enclosing several external photos of the property from different angles, a letter from the HOA supporting my application and expressing their intent to be co~signers on the Mills Act contract, and proof of ownership in a couple forms (the Grant Deed also has a legal description of the property). I will wait to hear back from you to see if any capital improvements will be required.

Sincerely,
Tim Vontz
617-777-5379
[email protected]
Palm Springs property address:
1864 S Barona Rd
Palm Springs, CA 92264
Best mailing address:
28 Dwight Street Apt 4
Boston, MA 02118
Attachment D
Item 1U - 17
Item 1U - 18
PEirsoNXi:izfo 

PROPERTY MANAGEMENT
17w
Ctiw
lwl/11
I r11l,·1
5 <:,11111111111111
\lm1t1/fr'l/ll'/II
<:01111111111
July 14,
2022
To:

City
of
Palm
Springs
Re
: Mills
Act
Sandcliff
Homeowners
Association
To
Whom
It
May
Concern,
68950
Adelina
Road
Cathedral
City,
CA
92234
Phone
: (760)
325-9500
Fax
: (760)
325-9300
Sandcliff
Owners
Association
supports
the
Mills
Act
Application
for
all
of
its
members
and
40 units,
specifically
1864
South
Barona
Road.

The
association
is
committed
to
the
preservation
of
the
association's
historic
design
and
architecture
. The
association
understands
that
they
will
need
to
co­
sign
the
contract
in
order
for
the
owner
to
receive
approval.

Sincerely, David
J.

Schuknecht
On
behalf
of
the
Sandcliff
Owners
Association
Board
of
Directors

CITY COUNCIL STAFF REPORT
09/01/2022   1. V.

City Clerk -

SUBJECT

APPROVE A CONTRACT SERVICES AGREEMENT WITH SAME DAY EXPRESS

LLC, DBA SIGNATURE SCULPTURE, FOR CLEANING AND MAINTENANCE OF THE CITY’S PUBLIC ART COLLECTION
RECOMMENDATION:

Authorize the City Manager to execute a Contract Service Agreement with Same Day Express LLC, dba Signature Sculpture, for a three-year term in an amount not to exceed $128,905 to provide cleaning and maintenance services for the City’s Public Art collection.

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

Attachments
Item 1V

CITY COUNCIL STAFF REPORT
DATE: SEPT
EMBER 1, 2022 CONSENT CALENDAR
SUBJECT: APPROVE A CONTRACT SERVICES AGREEMENT WITH SAME DAY

EXPRESS LLC, DBA SIGNATURE SCULPTURE, FOR CLEANING AND
MAINTENANCE OF THE CITY’S PUBLIC ART COLLECTION
FROM: Justin Clifton, City Manager
BY: C omm
unity & Economic Development
SUMMARY:

Approv
al of this recommendation will authorize the City Manager to execute a Contract Service Agreement with Same Day Express LLC , dba Signature Sculpture, to provide cleaning and maintenance services for the City’s Public Art collection.

RECOMMENDATION:
1) Auth
orize the City Manager to execute a Contract Service Agreement with Same Day Express LLC, dba Signature Sculpture, for a three-year term in an amount not to exceed $ 128,905 to provide cleaning and maintenance services for the City’s Public Art collection (Attachment A).
2) A uth
orize the City Manager or his designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Signat
ure Sculpture is a subsidiary of Same Day Express, a Limited Liability Company.

Their Public Integrity Disc losure Form is included as Attachment B. As disclosed in Signature Sculpture’s proposal, Brett Fiore is 100% owner of Same Day Express, LLC.

STAFF ANALYSIS:

There ar
e over 75 pieces in the City’s public art collection, ranging from outdoor sculptures, installations at the Palm Springs Airport, murals, and art that is on loan to the City. Some pieces are over 30 years old. A Request for Proposals (RFP) for the cleaning and maintenance of the public art collection was issued on May 23, 2022, and Addendum Number 1 to the RFP was issued on June 13, 2022 ( Attachment C). Cleaning includes dusting, washing, and waxing; and may involve removing graffiti, grime, water stains, bird Item 1V - 1
droppings, and gum. Maintenance includes removing corrosion, flaking paint, and reapplying protective coatings. Some of the art pieces have been identified as needing to be repaired and restored. This work may involve repairing breaks, creating replacement pieces for areas of loss, and filling cracks.

The RFP was posted to the PlanetBids website, sent to 17 prospective vendors, and advertised twice in The Desert Sun newspaper. A total of three vendors submitted proposals which were reviewed by an Evaluation Committee of City Staff from the City Manager’s Office, Community and Economic Development, and a member of the Public Arts Commission.

The Evaluation Committee reviewed each proposal, including the necessary qualifications of each proposer and their recommendations for cleaning and maintaining each artwork. Based on the evaluation and final rankings, Staff recommends award of the contract to Signature Sculpture, LLC, from Bermuda Dunes, CA.

Signature Sculpture has offered fine art expertise in the Coachella Valley for the past eighteen years. They have been the public art maintenance contractor for the City of Palm Desert the past consecutive 16 years. They are currently contracted with the PS Bureau of Tourism to perform all maintenance functions for the Marilyn statue and have contracted with the Palm Springs Art Museum to install the large red monumental Betty Gold sculpture. They have also provided art cleaning and maintenance services for the Annenberg Foundation Trust at Sunnylands, and California State University, San Bernardino.

The references from the cities of Palm Desert, La Quinta, and Cathedral City indicated they were very satisfied with their quality of work, professionalism, and quick response time when unforeseen repairs were needed. Each of the cities indicated they would hire them again.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

This
activity falls under Strategic Plan Objective 4D - Good Governance relating to asset maintenance.

Item 1V - 2
FISCAL IMPACT:

There
are sufficient funds budgeted in the Public Art Fund Arts Maintenance Account to cover the cost of the proposed Agreement.

REVIEWED BY:

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

A. Draf
t Contract Service Agreement
B. Public Integrity Disclosure
C. Request for Proposals
Item 1V - 3
ATTAC

HMENT A
Item 1V - 4