Palm Springs City Council
September 1, 2022

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov

REGULAR MEETING AGENDA
3:00 PM CLOSED SESSION
5:30 PM REGULAR SESSION
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.

Submit your public comment to the City Council electronically. Material may be emailed to [email protected]. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record.

You may provide telephonic comments by calling the City Clerk's Office at (760) 323-8204. You may be added to the queue at any time prior to the end of the public comment period for the subject hearing. At the appropriate time, a staff member will call you so that you may provide your public testimony to the City Council.

View the City Council meeting live at the City’s website www.palmspringsca.gov/pstv, YouTube, or Channel 17 (Spectrum).

SEPTEMBER 1, 2022

3:00 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Lisa Middleton, Mayor
Grace Elena Garner, Mayor Pro Tem
Christy Gilbert Holstege, Councilmember
Geoff Kors, Councilmember
Dennis Woods, Councilmember

City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

3:00 P.M. CLOSED SESSION

CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: The City Council welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist, please see the City Clerk for additional information.

RECESS TO CLOSED SESSION: See Closed Session Agenda.

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

A. PROCLAMATION FOR EMPLOYMENT MONTH

ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

1. CONSENT CALENDAR:

September 1, 2022 City Council Regular Meeting Agenda 2

1. CONSENT CALENDAR:

The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361.

B. CONSIDERATION OF RESOLUTIONS IN SUPPORT OF PROPOSITION 26 AND OPPOSITION TO PROPOSITION 27
RECOMMENDATION:

Adopt Resolutions supporting Proposition 26 and opposing Proposition 27.

C. TREASURER’S INVESTMENT REPORT AS OF MAY 31, 2022, AND JUNE 30, 2022
RECOMMENDATION:

Receive and File Treasurer’s Investment Report as of May 31, 2022, and June 30, 2022.

D. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 07-09-22 AND 07-23-22 TOTALING $4,743,841.10 AND ACCOUNTS PAYABLE WARRANTS DATED 07-07-22 AND 07-21-22 TOTALING $4,444,403.07, IN THE AGGREGATE AMOUNT OF $9,188,244.17, DRAWN ON BANK OF AMERICA."

E. INTERIM CITY MANAGER EMPLOYMENT AGREEMENT WITH TERESA

GALLAVAN
RECOMMENDATION:

Verbally Report a Summary of Compensation.1.

Approve Employment Agreement Appointing Teresa Gallavan as Interim City Manager, effective September 2, 2022, and Setting Compensation and Other Terms of Employment.

2. September 1, 2022 City Council Regular Meeting Agenda 3

F. ACCEPTANCE OF THE ANDERSON CHILDREN’S FUND GRANT IN THE AMOUNT OF $38,764.00 FOR THE PALM SPRINGS SWIM CENTER
RECOMMENDATION:

Authorize the acceptance of the Anderson Children’s Foundation Grant in the amount of $38,764.00 for the Palm Springs Swim Center.

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

G. CONSERVATION ALTERNATIVE PLAN FOR OVERSEEDING OF RYE-SEED

FOR CITY PARKS
RECOMMENDATION:

Receive and file.

H. ACCEPTANCE OF $55,405 IN GRANT FUNDING FROM THE CALIFORNIA

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) TO ADDRESS

THE SALES AND FURNISHING OF ALCOHOL TO MINORS AND TO FOCUS

ON ABC LICENSEE EDUCATION AND COMPLIANCE
RECOMMENDATION:

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

THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING A GRANT

FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL IN THE AMOUNT OF $55,405 FOR ALCOHOL
ENFORCEMENT.”

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

I. APPROVAL OF COOPERATIVE PURCHASE OF COMPUTER EQUIPMENT FROM DELL, INC.

RECOMMENDATION:

Authorize an agreement for the utilization of the WSCA/NASPO cooperative under Minnesota Master Agreement No. MNWNC-108 and the California Participating Addendum (California Participating Addendum No. 7-15-70-34-003) for the purchase of computer equipment from Dell, Inc., in an amount not to exceed $2,500,000 for the five-year period between September 1, 2022, and August 31, 2027.

J. 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.

September 1, 2022 City Council Regular Meeting Agenda 4

K. 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.

L. 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.

M. 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.

N. 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. September 1, 2022 City Council Regular Meeting Agenda 5

O. 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.

P. 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.

Q. 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.

R. 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.

September 1, 2022 City Council Regular Meeting Agenda 6

S. 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.

T. 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.

U. 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.

V. APPROVE A CONTRACT SERVICES AGREEMENT WITH SAME DAY EXPRESS September 1, 2022 City Council Regular Meeting Agenda 7 V. 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.

W. APPROVE A THREE-YEAR AGREEMENT WITH PACIFIC PRODUCTS & SERVICES, LLC, AGREEMENT NO. A9192, FOR TRAFFIC CONES,

BARRICADES, AND BARRICADE LIGHTS
RECOMMENDATION:

Approve Contract Service Agreement No. A9192 with Pacific Products & Services, LLC to provide traffic cones, barricades, and barricade lights for a three-year term in an amount not to exceed $300,000, beginning September 1, 2022, through August 31, 2025, with two one-year extension options at the City’s sole discretion.

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

X. APPROVE AN AGREEMENT WITH PACIFIC WEST INDUSTRIES, INC.

AGREEMENT NO. A9193 FOR CHILLER REPLACEMENT
RECOMMENDATION:

Approve Contract Service Agreement No. A9193 with Pacific West Industries, Inc. in an amount not to exceed $329,000 to provide chiller replacement at the Palm Springs Police Department.

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

EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

September 1, 2022 City Council Regular Meeting Agenda 8

2. PUBLIC HEARINGS:

A. AUTHORIZE ANNEXATION NO. 24 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
RECOMMENDATION:

Hold a Public Hearing on the matter.1.

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

THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
ANNEXATION NO. 24, TRACT MAP NO. 38049, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES),

AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS.”

2. Conduct the Special Annexation Landowner Election.3.

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

THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS

OF A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING

VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING

OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR
ANNEXATION NO. 24, Tract Map No. 38049, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).”

4. Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE

LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT,

INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS
ANNEXATION NO. 24, TRACT MAP NO. 38049 INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).”

5. September 1, 2022 City Council Regular Meeting Agenda 9

B. AUTHORIZE ANNEXATION NO. 25 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
RECOMMENDATION:

Hold a Public Hearing on the matter.1.

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 25, TRACT MAP NO. 38416, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), AUTHORIZING THE LEVY OF A

SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO
QUALIFIED ELECTORS.”

2. Conduct the Special Annexation Landowner Election.3.

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

CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A

SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY

OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 25, Tract Map No. 38416, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).”

4. Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF

SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 25, TRACT MAP NO. 38416 INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).”

5. C. PUBLIC HEARING REGARDING PROPOSED INCREASES TO SOLID WASTE

SERVICES RATES AND APPROVAL OF AN AMENDED AND RESTATED

FRANCHISE AGREEMENT FOR SOLID WASTE COLLECTION SERVICES

BETWEEN THE CITY OF PALM SPRINGS AND PALM SPRINGS DISPOSAL

SERVICE
RECOMMENDATION:

Open the Public Hearing to receive public comments on the proposed rate increases and the Amended and Restated Franchise Agreement.

1. Close the Public Hearing after all public comments have been heard, and determine if written protests have been received from the owners/tenants of a majority of parcels which are subject to the solid waste service rate increases, and if a majority protest is not received, discuss and approve the amount of the low-income discount program, and adopt a Resolution entitled, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

APPROVING AN AMENDED AND RESTATED FRANCHISE AGREEMENT

WITH PALM SPRINGS DISPOSAL SERVICES FOR SOLID WASTE

COLLECTION SERVICES AND ADOPTING THE SOLID WASTE SERVICE RATES,” as amended with the value of the low-income discount.

2. D. AN APPEAL BY NEW CHURCH II, LLC OF THE DECISION BY THE PLANNING September 1, 2022 City Council Regular Meeting Agenda 10 D. AN APPEAL BY NEW CHURCH II, LLC OF THE DECISION BY THE PLANNING

COMMISSION TO DENY A TIME EXTENSION OF THE ENTITLEMENTS

INVOLVING A MAJOR ARCHITECTURAL APPLICATION AND CONDITIONAL USE PERMIT TO (1) RENOVATE TWO HISTORIC PROPERTIES FOR ADAPTIVE RE-USE AND (2) DEMOLISH AND RECONSTRUCT ONE- AND TWO-STORY STRUCTURES ON A 3.65-ACRE SITE FOR THE OPERATION OF A HOTEL WITH ACCESSORY SPA, RESTAURANT AND MEETING SPACE LOCATED AT 222 S.

CAHUILLA ROAD, ZONE R-3 (CASE 5.1345 CUP 3.0678 MAJ)
RECOMMENDATION:

Open the appeal hearing and receive testimony.1.

Reject the appeal and accept the Planning Commission’s decision by adopting a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY NEW

CHURCH II, LLC AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A TIME EXTENSION REQUEST FOR CASE NOS.

5.1345 CUP AND 3.0678 MAJ; A CONDITIONAL USE PERMIT AND MAJOR ARCHITECTURAL APPLICATION TO RENOVATE CLASS 1 HISTORIC
PROPERTIES (226 WEST BARISTO ROAD AND 284 SOUTH CAHUILLA

ROAD), CONSTRUCT ONE- AND TWO-STORY BUILDINGS AND OPERATE

ACCESSORY COMMERCIAL, INCLUDING A RESTAURANT AND SPA
FACILITY, FOR A PROPOSED HOTEL PROJECT LOCATED AT 222 SOUTH CAHUILLA ROAD.”

2. Alternatively, accept the appeal, overturn the Planning Commission’s decision, and grant a one-year time extension by adopting a Resolution entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, ACCEPTING THE APPEAL BY NEW CHURCH II, LLC AND

OVERTURNING THE DECISION OF THE PLANNING COMMISSION TO DENY A TIME EXTENSION REQUEST FOR CASE NOS. 5.1345 CUP AND 3.0678 MAJ; A CONDITIONAL USE PERMIT AND MAJOR ARCHITECTURAL
APPLICATION TO RENOVATE CLASS 1 HISTORIC PROPERTIES (226 WEST BARISTO ROAD AND 284 SOUTH CAHUILLA ROAD), CONSTRUCT ONE-

AND TWO-STORY BUILDINGS, AND OPERATE ACCESSORY

COMMERCIAL, INCLUDING A RESTAURANT AND SPA FACILITY, FOR A PROPOSED HOTEL PROJECT LOCATED AT 222 SOUTH CAHUILLA ROAD."

3. September 1, 2022 City Council Regular Meeting Agenda 11

3. BUSINESS & LEGISLATIVE:

A. SELECTION OF ARTIST FOR ACRISURE ARENA MURAL PROJECT RECOMMENDATION:

Select an artist to paint the Palm Springs mural inside Acrisure Arena.1.

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

B. LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN PALM SPRINGS

UNIFIED SCHOOL DISTRICT AND CITY OF PALM SPRINGS, THROUGH ITS

POLICE DEPARTMENT, FOR SCHOOL RESOURCE OFFICER SERVICES RECOMMENDATION:

Approve an agreement between the Palm Springs Unified School District and the City of Palm Springs to provide a full-time police officer (School Resource Officer) on the campus of Palm Springs High School and Desert Learning Academy for two years, expiring at the end of the 2023/2024 school year.

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

C. CVRA WORKING GROUP RECOMMENDATION – REDUCING BARRIERS TO

RUNNING FOR CITY COUNCIL AND WORKING ON CITY COUNCIL
RECOMMENDATION:

Refine direction to Staff to prepare and present an ordinance to increase Council Member compensation and create a vehicle stipend. Staff recommends increasing Council Member salaries from $29,196 annually to $41,600 annually. The revised salary was derived by applying annual Consumer Price Indexes between 2007 (the last year Council Member salaries were adjusted) and 2022. Council could consider providing the Mayor a salary that is 15%-25% higher considering the higher demands that are often placed on the Mayor. This would provide a salary for the Mayor in the range of $47,840 - $52,000. Staff also recommends creating a vehicle stipend of $400 per month to be used in lieu of mileage reimbursement for all normal business-related travel.

PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.

September 1, 2022 City Council Regular Meeting Agenda 12 ADJOURNMENT:

AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.

City of Palm Springs )

I, Brent Rasi, Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on August 26, 2022, and posted on the City’s website as required by established policies and procedures.

____________________________
Brent Rasi,
Deputy City Clerk

P U B L I C N O T I C E S

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

September 1, 2022 City Council Regular Meeting Agenda 13

CITY COUNCIL STAFF REPORT
09/01/2022

City Clerk -

SUBJECT
3:00 P.M. CLOSED SESSION
Attachments
2022-09-01 Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS

CLOSED SESSION AGENDA
Thursday, September 1, 2022 – 3:00 p.m.

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.

PUBLIC COMMENT PERIOD FOR CLOSED SESSION ITEMS ONLY
(Time limit is two minutes per person) The City Council welcomes public input. Pursuant to State law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). Please contact the City Clerk at 760-323-8204 to be added to the queue.

CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.

MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION G C. § 54956.9(d)(2)

Four (4) matters that, in the opinion of the City council on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City.

Claim No. 22-0903, dated April 27, 2022, filed by Law Offices of Monrow Mabon and Barry J.

Bennett, on behalf of Pearl Devers, Survivors & Descendants of Section 14.

DISCUSSION TO CONSIDER INITIATION OF LITIGATION G. C.§ 54956.9(d)(4)

Under existing facts and circumstances, there are four (4) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. § 54956.8

Property Description: 2990 E. Tahquitz Canyon Way (APN: 502-143-004) Palm Springs, CA
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager & Teresa Gallavan, Asst. City Manager Negotiating Parties: Tahquitz Housing Associates, LP
Under Negotiation: Price and Terms of Payment for Real Property Covenants

Property Description: Approx. 9,976 square feet of undeveloped right of way (undeveloped portion of Zanero Road)
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager & Teresa Gallavan, Asst. City Manager Negotiating Parties: Gray1 Del Mar, LLC
Under Negotiation: Price and Terms of Payment

Closed Session Agenda
September 1, 2022

Property Description: APNs: 669-404-022, 056, 057, 058, 059, 061, 063 and 669-414-050 Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager & Teresa Gallavan, Asst. City Manager Negotiating Parties: Margaret and Harry Fritz
Under Negotiation: Price and Terms of Payment

PUBLIC EMPLOYEE APPOINTMENT Gov’t Code 54957

Title: City Manager

CITY COUNCIL STAFF REPORT
09/01/2022    A.

City Clerk -

SUBJECT

PROCLAMATION FOR EMPLOYMENT MONTH
Attachments
Proclamation Employment Month

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

City Clerk -

SUBJECT

FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361.

Attachments
Item 1A

CITY COUNCIL STAFF REPORT

DATE: September 1, 2022 CONSENT CALENDAR

SUBJECT: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISS ION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

FROM: Justin Clifton, City Manager

BY: Monique Lomeli, Interim City Clerk

RECOMMENDATION:

Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361.

BACKGROUND:

Governor Newsom’s Executive Orders N-29-20 and N-35-20, which relaxed some of the Brown Act’s teleconferencing provisions during the COVID -19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which amends sections of the Brown Act to allow legislative bodies to more easily hold teleconference meetings during a state of emergency.

In order to utilize these provisions of the Brown Act, the City Council must find that it has considered the circumstances of the state of emergency, and either:

(1) state or local officials have imposed or recommended m easures to promote social distancing as a result of the proclaimed state of emergency, or
(2) the state of emergency continues to directly impact the ability of the members to meet safely in person.

The City Council must make these findings every 30 days for as long as the City is conducting virtual meetings under AB 361.

City Staff and the City Attorney’s Office believe that these findings can be made. Although the Governor’s Executive Orders dealing with virtual meetings have expired, the original state of emergency for COVID -19 is still in effect. In addition, the California Department of Public Health (CDPH) and the County of Riverside continue to recommend social distancing as a result of the COVID-19 state of emergency.

Item 1A - 1
City Council Staff Report
September 1, 2022 -- Page 2
Virtual Meetings Under AB 361
As such, City S taff and the City Attorney recommend that the City Council make these findings, including at every Council meeting, in order to meet the “every 30 days ” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.

FISCAL IMPACT:

There i
s no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Monique M. Lomeli (Interim)
City Attorney: Jeffrey S. Ballinger
City Manager: Justin Clifton
Item 1A - 2

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

City Clerk -

SUBJECT
CONSIDERATION OF RESOLUTIONS IN SUPPORT OF PROPOSITION 26 AND OPPOSITION TO PROPOSITION 27
RECOMMENDATION:

Adopt Resolutions supporting Proposition 26 and opposing Proposition 27.

Attachments
Item 1B

CITY COUNCIL STAFF REPORT
DAT
E: SEPTEMBER 1, 2022 CONSENT CALENDAR
SUBJECT: CONSIDERATION OF RESOLUTIONS IN SUPPORT OF P ROPOSITION 26 AND OPPOSITION TO PROPOSITION 27
FROM: Justin Clifton, City Manager
SUMMARY:

Thi
s staff report is presented so Council can consider taking positions on Propositions 26 and 27. These propositions both have to do primarily with sports wagering. The City has been asked by representatives of the Agua Caliente Band of Cahuilla Indians to pass resolutions to support Proposition 26 and oppose Proposition 27.

RECOMMENDATION:

Adop
t Resolutions supporting Proposition 26 and opposing Proposition 27.

STAFF ANALYSIS:

Vot
ers will consider Propositions 26 and 27 during the November elections. Proposition 26 would allow sports wagering only at Tribal Casinos and four licensed horse tracks in California. It would also allow Indian Tribes to have roulette and craps at Tribal Casinos.

More information on Prop 26 can be found here:
• C alifornia Legislative Analyst’s Office:
https://lao.ca.gov/ballot/2022/Prop26-110822.pdf
Pr
oposition 27 is more expansive and allows online sports wagering within the S tate of California. This would allow anyone of legal age to place bets through their computer, tablet, or mobile device. More information on Prop 27 can be found here:
• C alifornia Legislative Analyst’s Office:
https://lao.ca.gov/ballot/2022/Prop27-110822.pdf
The Co
alition for Yes on 26 is included as Attachment A.

The Coalition for No on 27 is included as Attachment B.

Item 1B - 1
City Council Staff Report
September 1, 2022 – Page 2
Consideration of Resolutions on Propositions 26 and 27
Also enclosed with this staff report are two resolutions for Council’s consideration: one supporting Proposition 26 ( Attachment C ), and one opposing proposition 27 (Attachment D).

ALIGNMENT WITH STRATEGIC PLANNING:

N/
A.

FISCAL IMPACT:

None.

REVIEWED BY:

City Manager: Justin Clifton
ATTACHMENTS:

A. Coal
ition for Yes on 26
B. Coalition for No on 27
C. Resolution in support of Proposition 26
D. Resolution in opposition to Proposition 27
Item 1B - 2
Attachment A
Item 1B - 3
Organizations who Support the
In-Person, Tribal Sports Wagering Act
State & Community Partners
Social Justice
» California Hawaii State Conference NAACP
» AYPAL: Building API Community Power
» Baptist Ministers Conference of Los Angeles
and Southern California
» Greater Sacramento Urban League
» La Raza Roundtable of California
» Los Angeles Metropolitan Churches
» Los Angeles Urban League
» National Action Network - Los Angeles
» Racial Justice Allies of Sonoma County
» Rural SURJ of Northern California
» Santa Clarita Branch NAACP
» Showing Up for Racial Justice - San Francisco
» SURJ Mendocino Coast
» SURJ Sacramento
» SURJ Santa Barbara
» SURJ North San Diego County
» Urban League of San Diego County
Veterans
» Gold Coast Veterans Foundation
» Veterans Affiliated Council of Sacramento and Vicinity Political
» California Young Democrats
» Asian Americans for Good Government PAC
» Alpine County Democratic Central Committee
» Butte County Democratic Central Committee
» El Dorado County Democratic Central Committee
» Fresno County Democratic Central Committee
» Kennedy Club of the San Joaquin Valley
» Kern County Democratic Central Committee
» Kings County Democratic Central Committee
» Lassen County Democratic Central Committee
» Madera County Democratic Central Committee
» Napa County Democratic Central Committee
» San Joaquin Valley Democratic Club
» Santa Clara County Democratic Central Committee
Homelessness Advocates
» Operation Safe House
» Western Regional Advocacy Project
Public Safety
» California District Attorneys Association
» Citizens for a Safe Ventura County
» Deputy Sheriff’s Association of San Diego County
» Riverside Sheriffs’ Association
» San Diego Police Officers Association
» Yolo County Fire Chiefs Association
Labor
» Communications Workers of America (CWA)
» Dolores Huerta
» SEIU Local 280
Business
» American Indian Chamber of Commerce
» Asian Business Association of San Diego
» Beaumont Chamber of Commerce
» Crenshaw Chamber of Commerce
» El Dorado County Chamber of Commerce
» Fontana Chamber of Commerce
» Inland Empire Regional Chamber of Commerce
» La Mesa Chamber of Commerce
» Menifee Valley Chamber of Commerce
» Lompoc Valley Chamber of Commerce and Visitors
Bureau
» Murrieta-Temecula Group
» Murrieta/Wildomar Chamber of Commerce
» Otay Mesa Chamber of Commerce
» Pasadena Chamber of Commerce and Civic Association
» San Diego Regional Chamber of Commerce
» San Diego Regional East Chamber of Commerce
» Shingle Springs/Cameron Park Chamber of Commerce
» Solvang Chamber of Commerce
» Southwest California Legislative Council
» Temecula Valley Chamber of Commerce
» Universal City /North Hollywood Chamber of Commerce
» Visit Temecula Valley
Partial List - Updated 7/15/22
Item 1B - 4
=-\'IS 26=
Ad paid for by Coalition for Safe, Responsible Gaming,
Sponsored by California IndianTribes.

Committee major funding from:

Pechanga Band of Indians
Yocha Dehe Wintun Nation
Barona Band of Mission Indians
Funding Details at www.fppc.ca.gov
California Indian Tribes & Tribal Organizations
» Los Coyotes Band of Cahuilla and Cupeño Indians
» Manchester Point Arena of Pomo Indians
» Mechoopda Indian Tribe of Chico Rancheria
» Pala Band of Mission Indians
» Pechanga Band of Indians
» Redwood Valley Rancheria
» San Pasqual Band of Mission Indians
» Santa Ynez Band of Chumash Indians
» Shingle Springs Band of Miwok Indians
» Sycuan Band of the Kumeyaay Nation
» Torres Martinez Desert Cahuilla Indians
» Twenty-Nine Palms Band of Mission Indians
» Viejas Band of Kumeyaay Indians
» Wiyot Tribe
» Yocha Dehe Wintun Nation
» California Nations Indian Gaming Association
» Agua Caliente Band of Cahuilla Indians
» Barona Band of Mission Indians
» The Bear River Band of the Rohnerville
Rancheria
» Bishop Paiute Tribe
» Chemehuevi Indian Tribe
» Cloverdale Rancheria of Pomo Indians
» Colusa Indian Community Council
» Dry Creek Rancheria Band of Pomo Indians
» Elem Indian Colony
» Federated Indians of Graton Rancheria
» La Jolla Band of Luiseno Indians
» La Posta Band of Mission Indians
Elected Officials
» Lieutenant Governor Eleni Kounalakis
» State Treasurer Fiona Ma
» Board of Equalization Member Ted Gaines
» Congressman Juan Vargas
» State Assemblymember Randy Voepel
» State Assemblymember Marie Waldron
» State Senator Jim Nielsen
» District Attorney Matthew Beauchamp, Colusa County
» District Attorney Walter Wall, Mariposa County
» Supervisor Chuck Washington, Riverside County
» Supervisor Curt Hagman, San Bernardino County
» Supervisor Mitch Mashburn, Solano County
Elected Officials (Cont.)
» Mayor Jonathan Ingram, City of Murrieta
» Mayor Rhonda Shader, City of Placentia
» Councilmember Brian Raymond, City of
Atwater
» Councilmember Debra Porada, City of Ontario
» Councilmember Greg Gomez, City of
Farmersville
» Councilmember Katie Valenzuela, City of
Sacramento
» Councilmember Rafael Trujillo, City of Rialto
» Councilmember Raul Campillo, City of San
Diego
Political (Cont.)
» Sierra County Democratic Central Committee
» Sonoma County Democratic Party
» Trinity County Democratic Central Committee
» Tulare County Democratic Central Committee
» Tulare County Stonewall Democrats
» Yolo County Board of Supervisors
» Yolo County Democratic Central Committee
Item 1B - 5

Attachment B
Item 1B - 6
Organizations Opposed to the
Corporate Online Gambling Proposition
Partial List - Updated 7/15/22
Housing / Homelessness Advocates
» California Coalition for Rural Housing
» Coalition on Homelessness San Francisco
» Operation Safe House
» Western Regional Advocacy Project
Social Justice/Community
» California Hawaii State Conference NAACP
» California League of United Latin American
Citizens (CA LULAC)
» La Raza Roundtable of California
» Active San Gabriel Valley
» ASIAN, Inc
» AYPAL: Building API Community Power
» Baptist Ministers Conference of Los Angeles and
Southern California
» Boys & Girls Club of Southwest County
» Christian Life Assembly
» Concilio of Yolo County
» Greater Sacramento Urban League
» Los Angeles Metro Churches
» Los Angeles Urban League
» National Action Network – Los Angeles
» Racial Justice Allies of Sonoma County
» Rural SURJ of Northern California
» Sal Alvarez Institute for Nonviolence
» San Diego County Impact
» Santa Clarita Branch NAACP
» Showing Up for Racial Justice – San Francisco
» SURJ Mendocino Coast
» SURJ Sacramento
» SURJ Santa Barbara
» SURJ Santa Cruz
» SURJ North San Diego County
» Urban League of San Diego County
Education
» California Teachers Association (CTA)
Public Safety
» California District Attorneys Association
» Citizens for a Safe Ventura County
» Deputy Sheriff’s Association of San Diego County
» Riverside Sheriffs’ Association
» Yolo County Fire Chiefs Association
Veterans
» Gold Coast Veterans Foundation
» Veterans of Foreign Wars Department of CA
» Veterans Affiliated Council of Sacramento and
Vicinity
Labor
» Communications Workers of America (CWA)
» Dolores Huerta
Business
» American Indian Chamber of Commerce
» Asian Business Association of San Diego
» Beaumont Chamber of Commerce
» CalAsian Chamber of Commerce
» California Black Chamber of Commerce
» California Hispanic Chambers of Commerce
» Central California Hispanic Chamber
of Commerce
» Crenshaw Chamber of Commerce
» El Dorado County Chamber of Commerce
» Fontana Chamber of Commerce
» Inland Action
» Inland Empire Regional Chamber of Commerce
» La Mesa Chamber of Commerce
» Lake Elsinore Valley Chamber of Commerce
» Lompoc Valley Chamber of Commerce and
Visitors Bureau
State & Community Partners
Item 1B - 7
Business (Cont.)
» Menifee Valley Chamber of Commerce
» Murrieta/Wildomar Chamber of Commerce
» Otay Mesa Chamber of Commerce
» Pasadena Chamber of Commerce and Civic
Association
» Sacramento Asian Chamber of Commerce
» San Diego Regional Chamber of Commerce
» San Diego Regional East County Chamber
of Commerce
» Shingle Springs/Cameron Park Chamber
of Commerce
» Solvang Chamber of Commerce
» Southwest California Legislative Council
» Temecula Valley Chamber of Commerce
» Universal City /North Hollywood Chamber of
Commerce
» Visit Temecula Valley
Political
» California Democratic Party
» California Young Democrats
» Asian Americans for Good Government PAC
» Kennedy Club of the San Joaquin Valley
» Alpine County Democratic Central Committee
» Butte County Democratic Central Committee
» El Dorado County Democratic Central Committee
» Fresno County Democratic Central Committee
» Kern County Democratic Central Committee
» Kings County Democratic Central Committee
» Lassen Democratic Central Committee
» Madera County Democratic Central Committee
» Napa County Democratic Central Committee
» San Joaquin Valley Democratic Club
» Santa Clara County Democratic Central Committee
» Sierra County Democratic Central Committee
» Sonoma County Democratic Party
» Trinity County Democratic Central Committee
» Tulare County Democratic Central Committee
» Tulare County Stonewall Democrats
» Yolo County Board of Supervisors
» Yolo County Democratic Central Committee
Elected Officials
» Lieutenant Governor Eleni Kounalakis
» State Treasurer Fiona Ma
» Board of Equalization Member Ted Gaines
Elected Officials (Cont.)
» Congressman Juan Vargas
» State Assemblymember Thurston “Smitty” Smith
» State Assemblymember Randy Voepel
» State Assemblymember Marie Waldron
» State Senator Jim Nielsen
» District Attorney Matthew Beauchamp, Colusa
County
» District Attorney Walter Wall, Mariposa County
» Second District Supervisor Janice Rutherford, San
Bernardino County
» Supervisor Chuck Washingon, Riverside County
» Supervisor Curt Hagman, San Bernardino County
» Supervisor Luis Alejo, Monterey County
» Supervisor Mitch Mashburn, Solano County
» Mayor Alejandra Sotelo Solis, City of National
» Mayor Ardashes Kassakhian, City of Glendale
» Mayor Porsche Middleton, City of Citrus Heights
» Mayor Rhonda Shader, City of Placentia
» Mayor Steve Bird, City of Dixon
» Mayor Steve Tye, City of Diamond Bar
» Vice Mayor Lucas Frerichs, City of Davis
» Councilmember Barry Leonard, City of Poway
» Councilmember Brian Raymond, City of Atwater
» Councilmember David Sander, City of Rancho
Cordova
» Councilmember Debra Porada, City of Ontario
» Councilmember Greg Gomez, City of Farmersville
» Councilmember James Kyriaco, City of Goleta
» Councilmember Jeannie Bruins, City of Citrus
Heights
» Councilmember Jim Creighton, City of California
» Councilmember Jonathan Bowers, City of Compton
» Councilmember Katie Valenzuela, City of
Sacramento
» Councilmember Laura Koval, City of Santee
» Councilmember Merl Abel, Town of Yucca
» Councilmember Rafael Trujillo, City of Rialto
» Councilmember Raul Campillo, City of San Diego
» Councilmember Sally Lieber, City of Mountain View
» Councilmember Wes Speake, City of Corona
» Superintendent Patrick Kelley, Murrieta Valley
Unified School District
» President of Board of Trustees Micah Grant,
Natomas Unified School District
Item 1B - 8
Ad paid for by Coalition for Safe, Responsible Gaming,
Sponsored by California Indian Tribes.

Committee major funding from:

Pechanga Band of Indians
Yocha Dehe Wintun Nation
Agua Caliente Band of Cahuilla Indians
Funding Details at www.fppc.ca.gov
T o learn more and join our growing coalition, please visit NoProp27.com
» California Nations Indian Gaming Association
» Tribal Alliance of Sovereign Indian Nations
» American Indian Movement West
» Agua Caliente Band of Cahuilla Indians
» Augustine Band of Cahuilla Indians
» Barona Band of Mission Indians
» Bear River Band of the Rohnerville Rancheria
» Bishop Paiute Tribe
» Blue Lake Rancheria
» Cabazon Band of Mission Indians
» Cahto Tribe of the Laytonville Rancheria
» Cahuilla Band of Indians
» Chemehuevi Indian Tribe
» Chicken Ranch Rancheria
» Cloverdale Rancheria of Pomo Indians
» Colusa Indian Community Council
» Dry Creek Rancheria Band of Pomo Indians
» Elem Indian Colony
» Elk Valley Rancheria
» Enterprise Rancheria
» Federated Indians of Graton Rancheria
» Greenville Rancheria
» Ione Band of Miwok Indians
» Los Coyotes Band of Cahuilla and Cupeño Indians
» Manchester Point Arena Band of Pomo Indians
» Mooretown Rancheria
» North Fork Rancheria
» Pala Band of Mission Indians
» Pechanga Band of Indians
» Picayune Rancheria of Chukchansi Indians
» Pit River Tribe
» Redding Rancheria
» Redwood Valley Rancheria
» Resighini Rancheria
» San Pasqual Band of Mission Indians
» Santa Rosa Band of Cahuilla Indians
» Santa Ynez Band of Chumash Indians
» Sherwood Valley Rancheria
» Shingle Springs Band of Miwok Indians
» Soboba Band of Luiseño Indians
» Sycuan Band of the Kumeyaay Nation
» Table Mountain Rancheria
» Tejon Indian Tribe
» Tolowa Dee-Ni’ Nation
» Torres Martinez Desert Cahuilla Indians
» Tuolumne Band of Me-Wuk Indians
» Twenty-Nine Palms Band of Mission Indians
» Tyme Maidu Tribe – Berry Creek Reservation
» Viejas Band of Kumeyaay Indians
» Wiyot Tribe
» Yocha Dehe Wintun Nation
California Indian Tribes & Tribal Organizations
Item 1B - 9
Attachment C
Item 1B - 10
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, SUPPORTING
PROPOSITION 26 ON THE NOVEMBER 2022 BALLOT

WHEREAS, California’s Indian Tribes have been responsible stewards of gaming for the last two decades, operating highly regulated casinos on their tribal lands, helping promote Indian self-sufficiency; and

WHEREAS,
through formal state compacts and agreements with local governments, tribal governments partner with neighboring cities and counties to address issues important to their communities and to provide direct funding to cities and counties; and

WHEREAS, as an industry, tribal gaming creates and sustains nearly 150,000 jobs statewide and generates $26.9 billion for the California economy

WHEREAS, Proposition 26 on the November 2022 ballot would authorize in- person sports wagering at tribal casinos and 4 licensed horse racetracks and allow Indian tribes to offer craps and roulette at their casinos; and

WHEREAS, Prop 26 is the safest and most responsible way to legalize sports betting because it establishes safeguards to ensure safe, responsible sports wagering by limiting participation to adults over 21, prohibiting advertising to minors, and requiring individuals to be physically present to place bets, with ID and age verification checks to prevent underage gambling; and

WHEREAS, if passed, the legalized sports wagering under Prop 26 will generate new jobs and create additional economic opportunities that uplift tribal and nontribal communities alike—strengthening partnerships between tribes and municipalities.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. T hat the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. That the City of Palm Springs hereby supports Proposition 26 on the November 2022 ballot.

SECTION 3.

That the City of Palm Springs can be listed as a member of the Yes on Prop 26 coalition.

Item 1B - 11
Resolution No. _____

ADOPTED THIS 1ST DAY OF SEPTEMBER, 2022.

JUSTIN CLIFTON

CITY MANAGER

ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 1B - 12
Resolution No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, Monique M. Lomeli, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 1B - 13
Attachment D
Item 1B - 14
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, OPPOSING PROPOSITION
27 ON THE NOVEMBER 2022 BALLOT
WHEREAS, Proposition 27 on the November 2022 ballot would authorize a massive expansion of online gambling for the sole benefit of out of state corporations while masquerading as a “solution to homelessness”; and WHEREAS, the National Council on Problem Gambling found that online gambling is far more addictive than in-person gambling and leads to more problem gambling; and WHEREAS, the non-partisan Legislative Analyst warns that under Prop 27, local governments could incur increased costs associated with increases in individuals with gambling addictions that require additional government support; and

WHEREAS, Prop 27’s language only guarantees funding allocations for cities with populations over 300,000, excluding 97% of California’s cities, leaving the remaining cities to apply for grants with no guarantee of funding; and

WHEREAS, as an industry, tribal gaming creates and sustains nearly 150,000 jobs statewide and generates $26.9 billion for the California economy; and WHEREAS, Prop 27 competes directly with tribal casinos, threatening the nearly $1.2 billion in revenues tribal casinos provide to the state and $489 million to local governments and communities annually; and

WHEREAS, Prop 27 is opposed by the League of California Cities, more than 50 Indian tribes, and dozens of local elected officials, public safety leaders, social justice advocates, business groups, educators, labor unions and more.

THE CI

TY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:

SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECT
ION 2. That the City of Palm Springs hereby opposes Proposition 27 on the November 2022 ballot.

SECT
ION 3. That the City of Palm Springs can be listed as a member of the No on Proposition 27 coalition.

Item 1B - 15
Resolution No. _____

ADOPTED THIS 1ST DAY OF SEPTEMBER, 2022.

JUSTIN CLIFTON

CITY MANAGER

ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 1B - 16
Resolution No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, Monique M. Lomeli, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

MON IQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 1B - 17

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

City Clerk -

SUBJECT
TREASURER’S INVESTMENT REPORT AS OF MAY 31, 2022, AND JUNE 30, 2022 RECOMMENDATION:

Receive and File Treasurer’s Investment Report as of May 31, 2022, and June 30, 2022.

Attachments
Item 1C

CITY COUNCIL STAFF REPORT
DAT
E: SEPTEMBER 1, 2022 CONSENT CALENDAR
SUBJECT: TREASURER’S INVESTMENT REPORT AS OF MAY 31, 2022, AND JUNE 30, 2022
FROM: Justin Clifton, City Manager
BY: Department of Finance and Treasury
SUMMARY:

Attac
hed are the T reasurer's Investment Repor ts as o f May 31, 2022 and June 30, 2022. These reports include the face value and coupon rate (if applicable) of the investments and the source for the market value estimate. The City’s total invested cash and marketable securiti es is $3 72,747,401 and $ 393,096,753. T here is an additio nal $13,801,868 and $9, 520,082 held by a fiscal agent for bond issue reserves, debt service, and related funds . There are other miscellaneous cash accounts that hold $790,077 and $767,207.

RECOMMENDATION:

Recei
ve and File Treasurer’s Investment Report as of May 31, 2 022, and June 30 , 2022.

STAFF ANALYSIS:

The att
ached repo rts include the face value and coupon rate (if applicable) of the investments and the source for the market value estimate. Also included is information on the investments of bond issue reserve, debt service and related funds.

The investm ents, in ty pe, m aturity a nd as a percentage of the total portfolio are in compliance with the existing City Council approved investment policy.

The weighted average maturity (WAM) of the portfolio is 375 and 460 days. The maximum WAM allowed by the Investment Poli cy is 1,0 95 days. The current portfolio and expected revenue cash flow will be sufficient to meet budgeted expenditure requirements for the next six months and the foreseeable future thereafter.

FISCAL IMPACT:

None
.

Item 1C - 1
City Council Staff Report
September 1, 2022 – Page 2
Treasurer’s Investment Report as May 31, 2022 and June 30, 2022

REVIEWED BY:

Department Director: Nancy Pauley
City Manager: Justin Clifton

ATTACHMENTS:

A. Treasurer’s Investment Reports
Item 1C - 2

TREASURER'S MONTHLY REPORT

DETAIL OF INVESTMENTS
May 31, 2022
Coupon Moody's / S&P Purchase Maturity/Called Days Yield Category Market Value as of Market Value as of Rate Rating Date Date to Maturity to Maturity Total May 31, 2022 March 31, 2021 On Call Deposits
Checking - Bank of America 18,967,913 N/A N/A Demand 1 None 18,967,913 18,967,913 15,235,857 Wells Fargo Custody 46,217,563 variable N/A Demand 1 None 46,217,563 46,217,563 24,122,073 CalTrust ShortTerm 50,697,506 variable N/A Demand 1 0.03% 50,697,506 50,697,506 50,649,981 Local Agency Invest Fund (LAIF) 72,645,610 variable N/A Demand 1 0.04% 72,645,610 72,645,610 72,588,407 188,528,592 188,528,592 188,528,592 162,596,318
Short Term Investments (1 year or less)
US Agency Securities
Federal Home Loan Mortgage Corporation 3,000,000 2.50% Aaa / AAA 07/24/20 06/08/22 8 2.16% 3,001,500 2,999,781 2,997,666 US Treasury Notes 3,050,000 1.75% Aaa / AA+ 03/24/20 06/15/22 15 1.75% 3,147,100 3,051,171 3,057,625 US Treasury Notes 3,050,000 1.75% Aaa / AA+ 03/24/20 06/30/22 30 1.75% 3,147,814 3,052,071 3,059,055 US Treasury Notes 3,050,000 1.75% Aaa / AA+ 03/24/20 07/15/22 45 1.75% 3,146,504 3,052,760 3,059,531 Federal Home Loan Mortgage Corporation 2,675,000 1.25% Aaa / AA+ 07/24/20 07/25/22 55 2.21% 2,669,490 2,671,432 2,669,514 US Treasury Notes 3,050,000 1.50% Aaa / AA+ 03/24/20 08/15/22 76 1.50% 3,132,922 3,052,391 3,059,055 US Treasury Notes 3,050,000 1.63% Aaa / AA+ 03/24/20 08/15/22 76 1.63% 3,141,619 3,053,303 3,057,387 Federal National Mortgage Association 3,000,000 1.38% Aaa / AA+ 03/20/20 09/ 06/22 98 1.38% 3,054,180 3,000,657 3, 005,496 Federal National Mortgage Association 3,000,000 2.00% Aaa / AA+ 03/20/20 10/05/22 127 2.00% 3,092,160 3,006,075 3,012,969 US Treasury Notes 1,685,000 1.38% Aaa / AA+ 09/04/20 10/15/22 137 1.28% 1,729,034 1,684,737 1,687,172 US Treasury Notes 3,175,000 1.50% Aaa / AA+ 03/24/20 01/15/23 229 1.50% 3,271,366 3,170,412 3,175,124 Federal National Mortgage Association 3,000,000 2.38% Aaa / AA+ 03/20/20 01/19/23 233 2.38% 3,134,100 3,010,632 3,019,941 US Treasury Notes 1,685,000 1.75% Aaa / AA 09/04/20 01/31/23 245 1.31% 1,750,294 1,684,606 1,688,159 Federal Home Loan Bank 3,000,000 1.38% Aaa / AA+ 03/20/20 02/17/23 262 1.38% 3,052,314 2,989,167 2,994,585 US Treasury Notes 3,175,000 1.50% Aaa / AA+ 03/24/20 02/28/23 273 1.50% 3,275,459 3,165,697 3,171,403 US Treasury Notes 3,175,000 0.50% Aaa / AA+ 03/24/20 03/15/23 288 0.50% 3,184,302 3,139,777 3,140,770 US Treasury Notes 3,175,000 1.50% Aaa / AA+ 03/24/20 03/31/23 304 1.50% 3,277,443 3,162,722 3,168,428 US Treasury Notes 2,500,000 2.50% Aaa / AA 09/04/20 04/15/23 319 1.33% 2,507,324 2,461,230 2,462,208 51,495,000 52,714,925 51,408,621 51,486,088
Medium Term Investments (1 year to 5 years)
US Agency Securities
Federal Home Loan Mortgage Corporation 2,500,000 2.50% Aaa / AA+ 09/ 04/20 06/26/23 391 2.34% 2,500,775 2,449,013 2,448,275 Federal Home Loan Mortgage Corporation 2,790,000 2.50% Aaa / AA+ 07/10/20 07/10/23 405

2.50% 2,784,002 2,731,151 2,729,915
US Treasury Notes 2,500,000 1.25% Aaa / AA 09/04/20 07/15/23 410 1.44% 2,498,633 2,443,360 2,441,113 Federal Home Loan Mortgage Corporation 2,075,000 2.50% Aaa / AA+ 08/19/20 08/24/23 450 2.50% 2,072,884 2,025,752 2,022,932 US Treasury Notes 2,000,000 1.25% Aaa / AA 06/25/21 09/15/23 472 0.30% 1,992,422 1,946,640 1,943,984 US Treasury Notes 2,200,000 1.25% Aaa / AA 06/29/21 10/15/23 502 0.31% 2,190,805 2,136,064 2,133,226 Federal Home Loan Mortgage Corporation 3,000,000 1.25% Aaa / AA+ 10/16/20 10/16/23 503 2.50% 2,988,810 2,913,036 2,909,718 Federal Home Loan Mortgage Corporation 2,365,000 2.50% Aaa / AA+ 12/02/20 12/04/23 552 2.50% 2,362,659 2,291,404 2,290,540 US Treasury Notes 3,200,000 0.13% Aaa / AA 12/28/21 02/15/24 625 0.75% 3,157,500 3,078,874 3,074,874 US Treasury Notes 1,250,000 0.25% Aaa / AA 06/09/21 06/15/24 746 0.31% 1,247,754 1,193,458 1,193,018 US Treasury Notes 3,000,000 0.75% Aaa / AA 12/09/21 11/15/24 899 0.75% 2,981,836 2,864,766 2,869,923 Federal Home Loan Bank 3,000,000 1. 25% Aaa / AA+ 01/24/22 12/20/24 934 1.40% 2,978,610 2,876,148 2,886,816 Federal Farm Credit Banks Funding Corp 3,000,000 1.26% Aaa / AA+ 01/24/22 01/06/25 951 1.26% 2,988,720 2,890,614 2,894,817 Federal National Mortgage Association 3,100,000 1.63% Aaa / AA+ 12/28/21 01/07/25 952 1.01% 3, 155,955 3,016,815 3,029,661
US Treasury Notes 3,000,000 2.37% Aaa / AA 03/24/22 02/15/25 991 2.48% 2,927,109 2,905,665 2,919,141 US Treasury Notes 2,000,000 0.50% Aaa / AA 05/21/21 03/31/25 1,035 0.54% 1,996,641 1,879,844 1,886,094 Federal Farm Credit Banks Funding Corp 2,600,000 0.95% Aaa / AA+ 08/23/21 04/01/25 1,036 2.34% 2,635,074 2,473,364 2,484,526 Federal National Mortgage Association 3,200,000 0.05% Aaa / AA+ 12/29/21 06/17/25 1,113 1.08% 3,136,448 2,989,046 3,002,765 US Treasury Notes 2,800,000 0.94% Aaa / AA 10/26/21 07/31/25 1,157 0.98% 2,729,016 2,587,922 2,598,750 US Treasury Notes 2,750,000 0.25% Aaa / AA 08/23/21 08/31/25 1,188 0.64% 2,707,354 2,535,478 2,547,402 US Treasury Notes 3,300,000 0.25% Aaa / AA 12/28/21 09/30/25 1,218 1.12% 3,194,813 3,036,257 3,051,857 US Treasury Notes 2,750,000 0.25% Aaa / AA+ 08/23/21 10/31/25 1,249 0.67% 2,702,090 2,524,951 2,538,272 US Treasury Notes 3, 000,000 2.70% Aaa / AA+ 05/25/22 11/15/25 1,264 2.78% 2,955,586 2,947,617 - US Treasury Notes 2,800,000 0.38% Aaa / AA+ 10/26/21 01/31/26 1,341 1.07% 2,718,953 2,564,514 2,583,328 Federal Home Loan Bank 3,000,000 2.70% Aaa / AA+ 03/28/22 03/05/26 1,374 2.58% 2,806,200 2,787,903 2,819,688 US Treasury Notes 3,000,000 2.43% Aaa / AA+ 03/24/22 04/30/26 1,430 2.50% 2,993,789 2,954,532 2, 985,936
Federal Home Loan Mortgage Corporation 2,750,000 1.98% Aaa / AA 02/18/22 09/25/26 1,578 3.12% 2,868,164 2,742,680 2,790,849 Par Value Cost Basis
1 Item 1C - 3
Coupon Moody's / S&P Purchase Maturity/Called Days Yield Category Market Value as of Market Value as of Rate Rating Date Date to Maturity to Maturity Total May 31, 2022 March 31, 2021 Par Value Cost Basis
Medium Term Investments (1 year to 5 years) Cont.

US Treasury Notes 3,100,000 1.50% Aaa / AA+ 12/28/21 08/15/26 1,537 1.23% 3,137,297 2,936,646 2,974,788 US Treasury Notes 3,000,000 2.77% Aaa / AA+ 05/25/22 11/15/26 1,629 1.23% 2,903,789 2,894,064 - Federal Farm Credit Banks Funding Corp 2,000,000 3.03% Aaa / AA+ 04/25/22 01/27/27 1,702 3.09% 1,795,000 1,801,762 - US Treasury Notes 3,000,000 2.84% Aaa / AA+ 4/25/222 02/15/27 1,721 2.94% 2,920,313 2,921,718 - Federal Farm Credit Banks Funding Corp 3,000,000 2.98% Aaa / AA+ 04/25/22 02/26/27 1,732 3.05% 2,721,600 2,717,907 - 87,030,000 85,750,601 83,058,965 70,052,208
Corporate Bonds/Obligations (5 years or less)
Apple Incorporated 1,000,000 2.40% Aaa / AA+ 10/26/20 01/13/23 227 2.30% 1,044,270 1,002,278 1,006,378 Pepsico Inc 1,000,000 0.75% A1 / A+ 10/30/20 05/01/23 335 0.74% 1,011,210 987,248 985,989 Microsoft Corporation 1,114,000 2.00% Aaa / AAA 04/13/20 08/08/23 434 1.92% 1,153,413 1,109,932 1,117,927 Pepsico Inc 1,035,000 0.04% A1 / A+ 10/07/20 10/07/23 494 0.40% 1,034,410 1,011,738 1,011,449 Charles Swab Corp 1,250,000 0.75% A2 / A 06/25/21 03/18/24 657 0.53% 1,257,150 1,208,295 1,209,321 Bank of NY Mellon 1,250,000 0.05% A1 / A 08/23/21 04/ 26/24 696 0.53% 1,249,138 1,196,200 1,197,645 Amazon 1,250,000 0.45% A1 / AA 05/21/21 05/12/24 712 1. 09% 1,251,763 1,197,871 1,205,351
Caterpillar Inc 1,250,000 2.50% A2 / A 03/24/22 05/15/24 715 2.51% 1,272,900 1,264,446 1,270,333 John Deere Capital 1,250,000 0.45% A2 / A 06/09/21 06/07/24 738 0.42% 1,251,200 1,193,153 1,192,090 Bank of America Corp 2,050,000 0.26% A2 / A 06/09/21 06/14/24 745 0.26% 2,045,065 1,991,194 1,993,447 Salesforce.com Inc 2,000,000 0.63% A2 / A+ 12/14/21 07/15/24 776 1.01% 1,980,340 1,907,950 1,916,528 US Bankcorp 1,250,000 2.40% A2 / A+ 08/23/21 07/30/24 791 0.63% 1,314,213 1,234,629 1,242,836 Morgan Stanley Note 2,000,000 3.20% A1 / A- 05/25/22 10/23/24 876 3.15% 2,022,780 2,024,918 - Bank of NY Mellon Corp 1,200,000 0.85% A1 / A 10/27/21 10/25/24 878 0.93% 1,199,069 1,140,307 1,149,612 Caterpillar Finl Service Note 2,000,000 2.15% A2 / A 12/13/21 11/08/24 892 0.93% 2,054,620 1,964,026 1,983,772 Amazon 1,500,000 2.96% A1 / AA 12/13/21 04/13/25 1,048 3.07% 1,501,515 1,504,904 - Applie Inc Note 2,000,000 2.84% Aa a / AA+ 05/25/22 05/11/25 1,076 2.85% 1,903,380 1,902,986 - US BankCorp 800,000 1.45% A2 / A+ 01/24/22 05/12/25 1,077 1.65% 794,984 758,621 765,600 Merck & Co 2,000,000 1.44% A1 / A+ 12/09/21 02/24/26 1,365 3.25% 1,943,820 1, 838,466 1,865,092
JP Morgan Chase & Co 2,050,000 2.08% A2 / A- 05/21/21 04/22/26 1,422 1.44% 2,109,915 1,948,990 1,980,523 Charles Swab Corp 1,250,000 2.90% A2 / A 03/24/22 05/13/26 1,443 1.44% 1,165,563 1,144,348 1,165,481 John Deere Capital 1,500,000 3.31% A2 / A 04/25/22 09/14/26 1,567 3.46% 1,435,815 1,434,015 - Target Corp 2,000,000 1.95% A2 / A 01/24/22 01/15/27 1,690 1.99% 2,008,940 1,889,700 1,934,328 Procter & Gamble Co Note 2,550,000 1.93% Aa3 / AA- 02/01/22 02/01/27 1,707 1.93% 2,546,379 2,418,846 2,470,254 36,549,000 36,551,852 35,275,061 28,663,956 Supranational (5 years or less)
Inter-American Dev Bank Note 2,500,000 0.25% Aaa / AA 07/19/21 11/15/23 533 0.30% 2,497,225 2,422,768 2,422,025 Intl. Bank Recon & Development Note 2,500,000 0.63% Aaa / AA 07/20/21 04/22/25 1,057 0.56% 2,506,400 2,351,153 2,360,863 5,000,000 5,003,625 4,773,921 4,782,888 Negotiable Certificates of Deposit (5 years or less)
Goldman Sachs Bank CD 250,000 2. 30% FDIC 08/02/17 08/02/22 63 2.30% 250,000 250,522 251,455 American Express Centurion CD 250,000 2.35% FDIC 08/22/17 08/22/22 83 2.35% 250,000 250,726 251,648 Capital One Bank USA, NA CD 250,000 2.35% FDIC 08/23/17 08/23/22 84 2.35% 250,000 250,735 251,655 Citibank, NA CD 250,000 3.30% FDIC 07/24/18 07/24/23 419 3.30% 250,000 253,009 255,656 Comenity Capital Bank CD 250,
000 3.35% FDIC 10/17/18 10/17/23 504 3.35% 250,000 253,218 256,094 UBS Bank USA CD 250,000 3.35% FDIC 10/17/18 10/17/23 504 3.35% 250,000 253,218 256,094 1,500,000 1,500,000 1,511,428 1,522,602
Asset Backed Security (5 years or less)
Toyota Auto Receivables Trust 1,250,000 0.26% Aaa / AAA 06/14/21 11/17/25 1,266 1.80% 1,250,000 1,204,414 1,208,875 Honda Auto Receivables Trust 9,895,000 1.41% Aaa / AAA 02/03/22 01/21/26 1,331 1.70% 973,919 946,604 953,707 11,145,000 2,223,919 2,151,018 2,162,582
Total Invested Cash 381,247,592$ 372,273,514$ 366,707,606$ 321,266,642$ Monthly Portfolio Yield: 0.78%
Benchmark Yields:

Current Month LAIF Average: 0.684%
2 Item 1C - 4

TREASURER'S MONTHLY REPORT

DETAIL OF INVESTMENTS
June 30, 2022
Coupon Moody's / S&P Purchase Maturity/Called Days Yield Category Market Value as of Market Value as of Rate Rating Date Date to Maturity to Maturity Total June 30, 2022 March 31, 2021 On Call Deposits
Checking - Bank of America 12,201,630 N/A N/A Demand 1 None 12,201,630 12,201,630 15,235,857 Wells Fargo Custody 45,135,809 variable N/A Demand 1 None 45,135,809 45,135,809 24,122,073 CalTrust ShortTerm 50,739,422 variable N/A Demand 1 0.03% 50,739,422 50,739,422 50,649,981 Local Agency Invest Fund (LAIF) 72,645,610 variable N/A Demand 1 0.04% 72,645,610 72,645,610 72,588,407 180,722,471 180,722,471 180,722,471 162,596,318
Short Term Investments (1 year or less)
US Agency Securities
US Treasury Notes 3,050,000 1.75% Aaa / AA+ 03/24/20 07/15/22 15 1.75% 3,146,504 3,050,628 3,059,531 Federal Home Loan Mortgage Corporation 2,675,000 1.25% Aaa / AA+ 07/24/20 07/25/22 25 2.21% 2,669,490 2,672,630 2,669,514 US Treasury Notes 3,050,000 1.50% Aaa / AA+ 03/24/20 08/15/22 46 1.50% 3,132,922 3,050,192 3,059,055 US Treasury Notes 3,050,000 1.63% Aaa / AA+ 03/24/20 08/15/22 46 1.63% 3,141,619 3,050,662 3,057,387 Federal National Mortgage Association 3,000,000 1.38% Aaa / AA+ 03/20/20 09/06/22 68 1.38% 3,054,180 2,997,918 3,005,496 Federal National Mortgage Association 3,000,000 2.00% Aaa / AA+ 03/20/20 10/05/22 97 2.00% 3,092,160 2,998,596 3,012,969 US Treasury Notes 1,685,000 1.38% Aaa / AA+ 09/04/20 10/15/22 107 1.28% 1,729,034 1,681,585 1,687,172 US Treasury Notes 3,175,000 1.50% Aaa / AA+ 03/24/20 01/ 15/23 199 1.50% 3,271,366 3,157,388 3, 175,124 Federal National Mortgage Association 3,000,000 2.38% Aaa / AA+ 03/20/20 01/19/23 203 2.38% 3,134,100 2,998,260 3,019,941 US Treasury Notes 1,685,000 1.75% Aaa / AA 09/04/20 01/31/23 215 1.31% 1,750,294 1,676,706 1,688,159 Federal Home Loan Bank 3,000,000 1.38% Aaa / AA+ 03/20/20 02/17/23 232 1.38% 3,052,314 2,975,334 2,994,585 US Treasury Notes 3,175,000 1.50% Aaa / AA+ 03/24/20 02/28/23 243 1.50% 3,275,459 3,149,698 3,171,403 US Treasury Notes 3,175,000 0.50% Aaa / AA+ 03/24/20 03/15/23 258 0.50% 3,184,302 3,125,762 3,140,770 US Treasury Notes 3,175,000 1.50% Aaa / AA+ 03/24/20 03/31/23 274 1.50% 3,277,443 3,144,241 3,168,428 US Treasury Notes 2,500,000 2.50% Aaa / AA 09/04/20 04/15/23 289 1.33% 2,507,324 2,449,318 2,462,208 42,395,000 43,418,511 42,178,918 42,371,742
Medium Term Investments (1 year to 5 years)
US Agency Securities
Federal Home Loan Mortgage Corporation 2,500,000 2.50% Aaa / AA+ 09/04/20 06/26/23 361 2.34% 2,500,775 2,433,265 2,448,275 Federal Home Loan Mortgage Corporation 2,790,000 2.50% Aaa / AA+ 07/10/20 07/10/23 375 2.50% 2,784,002 2,716,118 2,729,915 US Treasury Notes 2,500,000 1.25% Aaa / AA 09/04/20 07/15/23 380 1.44% 2,498,633 2,428,905 2,441,113 Federal Home Loan Mortgage Corporation 2,075,000 2.
50% Aaa / AA+ 08/19/20 08/24/23 420 2.50% 2,072,884 2,013,331 2,022,932 US Treasury Notes 2,000,000 1.25% Aaa / AA 06/25/21 09/15/23 442

0.30% 1,992,422 1,934,062 1,943,984
US Treasury Notes 2,200,000 1.25% Aaa / AA 06/29/21 10/15/23 472 0.31% 2,190,805 2,122,226 2,133,226 Federal Home Loan Mortgage Corporation 3,000,000 1.25% Aaa / AA+ 10/16/20 10/16/23 473 2.50% 2,988,810 2,895,279 2,909,718 Federal Home Loan Mortgage Corporation 2,365,000 2.50% Aaa / AA+ 12/02/20 12/04/23 522 2.50% 2,362,659 2,277,391 2,290,540 US Treasury Notes 4,000,000 3.13% Aaa / AA+ 06/13/22 01/15/24 564 2.93% 3,815,469 3,832,032 - US Treasury Notes 3,200,000 0.13% Aaa / AA 12/28/21 02/15/24 595 0.75% 3,157,500 3,059,376 3,074,874 Federal Home Loan Bank 4,000,000 3.23% Aaa / AA+ 06/13/22 03/08/24 617 1.40% 4,000,960 4,020,092 - ``` US Treasury Notes 4,000,000 3.21% Aaa / AA+ 06/13/22 04/15/24 655 2.95% 3,799,375 3,821,564 - US Treasury Notes 1,250,000 0.25% Aaa / AA 06/09/21 06/15/24 716 0.31% 1,247,754 1,186,378 1,193,018 US Treasury Notes 3,000,000 0.75% Aaa / AA 12/09/21 11/15/24 869 0.75% 2,981,836 2,846,952 2,869,923 Federal Home Loan Bank 3,000,000 1.25% Aaa / AA+ 01/24/22 12/20/24 904 1.40% 2,978,610 2,851,947 2,886,816 Federal Farm Credit Banks Funding Corp 3,000,000 1.26% Aaa / AA+ 01/24/22 01/06/25 921 1.26% 2,988,720 2,866,245 2,894,817 Federal National Mortgage Association 3,100,000 1.63% Aaa / AA+ 12/28/21 01/07/25 922 1. 01% 3,155,955 2,995,756 3,029,661
US Treasury Notes 3,000,000 2.37% Aaa / AA 03/24/22 02/15/25 961 2.48% 2,927,109 2,886,444 2,919,141 US Treasury Notes 4,000,000 3.40% Aaa / AA+ 06/13/22 03/15/25 989 3.00% 3,827,969 3,871,248 - US Treasury Notes 2,000,000 0.50% Aaa / AA 05/21/21 03/31/25 1,005 0.54% 1,996,641 1,868,516 1,886,094 Federal Farm Credit Banks Funding Corp 2,600,000 0.95% Aaa / AA+ 08/23/21 04/01/25 1,006 2.34% 2,635,074 2,457,127 2,484,526 Federal National Mortgage Association 3,200,000 0.05% Aaa / AA+ 12/29/21 06/17/25 1,083 1.08% 3,136,448 2,971,232 3,002,765 US Treasury Notes 2,800,000 0.94% Aaa / AA 10/26/21 07/31/25 1,127 0.98% 2,729,016 2,573,704 2,598,750 US Treasury Notes 2,750,000 0.25% Aaa / AA 08/23/21 08/31/25 1,158 0.64% 2,707,354 2,520,870 2,547,402 US Treasury Notes 3,300,000 0.25% Aaa / AA 12/28/21 09/30/25 1,188 1.12% 3,194,813 3, 018,338 3,051,857 US Treasury Notes 2,750,000 0.25% Aaa / AA+ 08/23/21 10/31/25 1,219 0.67% 2,702,090 2,508,839 2,538,272 US Treasury Notes 3,000,000 2.70% Aaa / AA+ 05/25/22 11/15/25 1,234 2.78% 2,955,586 2,925,234 - US Treasury Notes 2,800,000 0.38% Aaa / AA+ 10/26/21 01/31/26 1,311 1.07% 2,718,953 2,549,095 2,583,328 Federal Home Loan Bank 3,000,000 2.70% Aaa / AA+ 03/28/22 03/05/26 1,344 2.58% 2,806,200 2, 766,174 2,819,688
US Treasury Notes 3,000,000 2.43% Aaa / AA+ 03/24/22 04/30/26 1,400 2.50% 2,993,789 2,931,564 2,985,936 Par Value Cost Basis
1 Item 1C - 5
Coupon Moody's / S&P Purchase Maturity/Called Days Yield Category Market Value as of Market Value as of Rate Rating Date Date to Maturity to Maturity Total June 30, 2022 March 31, 2021 Par Value Cost Basis
US Treasury Notes 5,000,000 3.23% Aaa / AA+ 06/27/22 07/31/26 1,492 3.01% 4,743,164 4,782,615 - Federal Home Loan Mortgage Corporation 2,750,000 1.98% Aaa / AA 02/18/22 09/25/26 1,548 3.12% 2,868,164 2,716,552 2,790,849 Medium Term Investments (1 year to 5 years) Cont.

US Treasury Notes 3,100,000 1.50% Aaa / AA+ 12/28/21 08/15/26 1,507 1.23% 3,137,297 2,915,091 2,974,788 US Treasury Notes 3,000,000 2.77% Aaa / AA+ 05/25/22 11/15/26 1,599 1.23% 2,903,789 2,872,266 - Federal Farm Credit Banks Funding Corp 2,000,000 3.03% Aaa / AA+ 04/25/22 01/27/27 1,672 3.09% 1,795,000 1,787,552 - US Treasury Notes 3,000,000 2.84% Aaa / AA+ 4/25/222 02/15/27 1,691 2.94% 2,920,313 2,896,758 - Federal Farm Credit Banks Funding Corp 5,000,000 2.98% Aaa / AA+ 04/25/22 02/26/27 1,702 3.05% 4,501,000 4,493,980 - US Treasury Notes 5,000,000 3.23% Aaa / AA+ 06/27/22 03/31/27 1,735 3.02% 4,839,648 4,885,545 - US Treasury Notes 4,000,000 3.47% Aaa / AA+ 06/13/22 05/15/27 1,780 3.05% 3,803,594 3,878,124 - 119,030,000 116,360,180 113,377,787 70,052,208
Corporate Bonds/Obligations (5 years or less)
Apple Incorporated 1,000,000 2.40% Aaa / AA+ 10/26/20 01/13/23 197 2.30% 1,044,270 999,767 1,006,378 Pepsico Inc 1,000,000 0.75% A1 / A+ 10/30/20 05/ 01/23 305 0.74% 1,011,210 983,298 985,989 Microsoft Corporation 1,114,000 2.00% Aaa / AAA 04/13/20 08/08/23 404 1. 92% 1,153,413 1,103,547 1,117,927
Pepsico Inc 1,035,000 0.04% A1 / A+ 10/07/20 10/07/23 464 0.40% 1,034,410 1,004,570 1,011,449 Charles Swab Corp 1,250,000 0.75% A2 / A 06/25/21 03/18/24 627 0.53% 1,257,150 1,199,768 1,209,321 Bank of NY Mellon 1,250,000 0.05% A1 / A 08/23/21 04/26/24 666 0.53% 1,249,138 1,188,363 1,197,645 Amazon 1,250,000 0.45% A1 / AA 05/21/21 05/12/24 682 1.09% 1,251,763 1,189,461 1,205,351 Caterpillar Inc 1,250,000 2.50% A2 / A 03/24/22 05/15/24 685 2.51% 1,272,900 1,255,203 1,270,333 John Deere Capital 1,250,000 0.45% A2 / A 06/09/21 06/07/24 708 0.42% 1,251,200 1,181,769 1,192,090 Bank of America Corp 3,050,000 0.26% A2 / A 06/09/21 06/14/24 715 0.26% 3,011,595 2,944,592 1,993,447 Salesforce.com Inc 2,000,000 0.63% A2 / A+ 12/14/21 07/15/24 746 1.01% 1,980,340 1,894,228 1,916,528 US Bankcorp 1,250,000 2.40% A2 / A+ 08/23/21 07/30/24 761 0.63% 1,314,213 1,220,353 1,242,836 Morgan Stanley Note 3,250,000 3.20% A1 / A- 05/25/22 10/23/24 846 3.15% 3,268,943 3,246,185 - Bank of NY Mellon Corp 1,200,000 0.85% A1 / A 10/27/21 10/25/24 848 0.93% 1,199,069 1,130,893 1,149,612 Caterpillar Finl Service Note 2,000,000 2.15% A2 / A 12/13/21 11/08/24 862 0.93% 2,054,620 1, 941,906 1,983,772
Amazon 1,500,000 2.96% A1 / AA 12/13/21 04/13/25 1,018 3.07% 1,501,515 1,486,128 - Applie Inc Note 2,000,000 2.84% Aaa / AA+ 05/25/22 05/11/25 1,046 2.85% 1,903,380 1,879,038 - US BankCorp 800,000 1.45% A2 / A+ 01/24/22 05/12/25 1,047 1.65% 794,984 750,382 765,600 Merck & Co 2,000,000 1.44% A1 / A+ 12/09/21 02/24/26 1,335 3.25% 1,943,820 1,814,272 1,865,092 JP Morgan Chase & Co 3,300,000 2.08% A2 / A- 05/21/21 04/22/26 1,392 1.44% 3,277,440 3,088,496 1,980,523 Charles Swab Corp 1,250,000 2.90% A2 / A 03/24/22 05/13/26 1,413 1.44% 1,165,563 1,129,016 1,165,481 John Deere Capital 1,500,000 3.31% A2 / A 04/25/22 09/14/26 1,537 3.46% 1,435,815 1,409,868 - Target Corp 3,250,000 1.95% A2 / A 01/24/22 01/15/27 1,660 1.99% 3,164,240 3,019,039 1,934,328 Procter & Gamble Co Note 2, 550,000 1.93% Aa3 / AA- 02/01/22 02/01/27 1,677 3.29% 2,546,379 2,400,080 2,470,254 Northern Trust Co 3,000,000 4.20% A2 / A+ 06/13/22 05/10/27 1,775 3.83% 2,973,570 3,022,356 - 44,299,000 44,060,940 42,482,578 28,663,956 Supranational (5 years or less)
Inter-American Dev Bank Note 2,500,000 0.25% Aaa / AA 07/19/21 11/15/23 503 0.30% 2,497,225 2,413,400 2,422,025 Intl. Bank Recon & Development Note 2,500,000 0.63% Aaa / AA 07/20/21 04/22/25 1, 027 0.56% 2,506,400 2,335,220 2,360,863
5,000,000 5,003,625 4,748,620 4,782,888 Negotiable Certificates of Deposit (5 years or less)
Goldman Sachs Bank CD 250,000 2.30% FDIC 08/02/17 08/02/22 33 2.30% 250,000 250,131 251,455 American Express Centurion CD 250,000 2.35% FDIC 08/22/17 08/22/22 53 2.35% 250,000 250,205 251,648 Capital One Bank USA, NA CD 250,000 2.35% FDIC 08/23/17 08/23/22 54 2.35% 250,000 250,208 251,655 Citibank, NA CD 250,000 3.30% FDIC 07/24/18 07/24/23 389 3.30% 250,000 251,056 255,656 Comenity Capital Bank CD 250,000 3.35% FDIC 10/17/18 10/17/23 474 3.35% 250,000 251,128 256,094 UBS Bank USA CD 250,000 3.35% FDIC 10/17/18 10/17/23 474 3.35% 250,000 251,128 256,094 1,500,000 1,500,000 1,503,856 1,522,602
A
sset Backed Security (5 years or less)
Toyota Auto Receivables Trust 1,250,000 0.26% Aaa / AAA 06/14/21 11/17/25 1,236 1.80% 1,250,000 1,203,281 1,208,875 Honda Auto Receivables Trust 9,895,000 1.41% Aaa / AAA 02/03/22 01/21/26 1,301 1.70% 973,919 939,427 953,707 11,145,000 2,223,919 2,142,708 2,162,582
Total Invested Cash 404,091,471$ 393,289,646$ 387,156,938$ 312,152,296$ Monthly Portfolio Yield: 0.94%
2 Item 1C - 6
Coupon Moody's / S&P Purchase Maturity/Called Days Yield Category Market Value as of Market Value as of Rate Rating Date Date to Maturity to Maturity Total June 30, 2022 March 31, 2021 Par Value Cost Basis
Benchmark Yields:

Current Month LAIF Average: 0.861%
3 Item 1C - 7

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

City Clerk -

SUBJECT

APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 07-09-22 AND 07-23-22 TOTALING $4,743,841.10 AND ACCOUNTS PAYABLE WARRANTS DATED 07-07-22 AND 07-21-22 TOTALING $4,444,403.07, IN THE AGGREGATE AMOUNT OF $9,188,244.17, DRAWN ON BANK OF AMERICA."
Attachments
Item 1D
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF

PAYROLL WARRANTS/ DISBURSEMENTS FOR THE
PERIOD ENDING 07- 09-22 AND 07-23-22 TOTALING
$4,743,841.10 AND ACCOUNTS PAYABLE WARRANTS
DATED 07-07-22 AND 07-21-22 TOTALING $4,444,403.07,
IN THE AGGREGATE AMOUNT OF $9,188,244.17, DRAWN
ON BANK OF AMERICA.

WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.

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

ADOPTED THIS 1ST DAY OF SEPTEMBER, 2022
.

JUS TIN CLIFTON

CITY MANAGER
ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 1D - 1
Resolution No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 1D - 2

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

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 2,752,589.45
DEFERRED COMP: NATIONWIDE 29,780.80
ICMA RHS CONTRIBUTION 19,512.50
CA DCCS 2,670.04
STATE TAXES 136,682.44
10,321.12
NY LIFE SUPPLMNTL INS 2,958.20
DEFERRED COMP: ICMA 457 53,371.78
LIABILITY CHECK REGISTER 2005272-2005285 26,607.85
PAYROLL DIRECT DEPOSITS 2,007,897.89
FEDERAL TAXES 418,190.11
Transaction Type Check Numbers
Amount
PAYROLL CHECK REGISTER 422059-422071 44,596.72
September 1, 2022
PAYROLL PERIOD ENDING 7/9/2022
PAY DATE 7/15/2022
Payroll Wires and Warrants Memo for Council 2022.xlsx | 09012022 |7/19/2022 | 11:15 AM (AM) 1 | 1 Item 1D - 3

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

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 1,991,251.65
DEFERRED COMP: NATIONWIDE -

ICMA RHS CONTRIBUTION -
CA DCCS 1,445.54
STATE TAXES 96,816.52
-

NY LIFE SUPPLMNTL INS -
DEFERRED COMP: ICMA 457 27,000.00
LIABILITY CHECK REGISTER 2005486 207.69
PAYROLL DIRECT DEPOSITS 1,532,642.07
FEDERAL TAXES 310,341.06
Transaction Type Check Numbers Amoun
t
PAYROLL CHECK REGISTER 422072-422083 22,798.77
September 1, 2022
PAYROLL PERIOD ENDING 7/23/2022
PAY DATE 7/29/2022
Payroll Wires and Warrants Memo for Council 2022.xlsx | 09012022 (2) |8/22/2022 | 9:21 AM (AM) 1 | 1 Item 1D - 4
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/07/2022 09:51
User: ElisaS
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2005126 07/07/2022 PRINTED 100390 ADDICTION MEDICINE CONSUL 357.00 2005127 07/07/2022 PRINTED 101028 AEG BUREAU OF TOURISM 6,950.00 2005128 07/07/2022 PRINTED 100345 AIRPORT QUICK WASH 700.00 2005129 07/07/2022 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 142,774.83 2005130 07/07/2022 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 346.50 2005131 07/07/2022 PRINTED 103781 AMAZON.COM SALES INC 176.14 2005132 07/07/2022 PRINTED 103781 AMAZON.COM SALES INC 2,895.61 2005133 07/07/2022 PRINTED 103500 AMERICAN COOLING TOWER IN 7,564.85 2005134 07/07/2022 PRINTED 100370 AT&T 120.00 2005135 07/07/2022 PRINTED 101812 AUTOMATIC DOOR SPECIALIST 737.00 2005136 07/07/2022 PRINTED 103384 AVIATRIX COMMUNICATIONS 10,450.00 2005137 07/07/2022 PRINTED 100020 BEST BEST & KRIEGER 147,693.08 2005138 07/07/2022 PRINTED 100128 BRODART CO 208.78 2005139 07/07/2022 PRINTED 101331 BRUCE BOWER INVESTIGATION 4,200.41 2005140 07/07/2022 PRINTED 100351 BRUDVIK INC 601.00 2005141 07/07/2022 PRINTED 101463 BSN SPORTS LLC 1,180.49 2005142 07/07/2022 PRINTED 101203 BUREAU VERITAS NORTH AMER 50,080.61 2005143 07/07/2022 PRINTED 100460 CALIFA GROUP 2,057.06 2005144 07/07/2022 PRINTED 103604 CAROLLO ENGINEERS INC 43,903.88 2005145 07/07/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,205.74 2005146 07/07/2022 PRINTED 100353 CHARTER COMMUNICATIONS 319.98 2005147 07/07/2022 PRINTED 100353 CHARTER COMMUNICATIONS 229.98 2005148 07/07/2022 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2005149 07/07/2022 PRINTED 100353 CHARTER COMMUNICATIONS 182.06 2005150 07/07/2022 PRINTED 100353 CHARTER COMMUNICATIONS 107.98 2005151 07/07/2022 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2005152 07/07/2022 PRINTED 101350 CLASSIC AUTO RESTYLING 290.00 2005153 07/07/2022 PRINTED 100573 CLEAN ENERGY FUELS 2,208.53 2005154 07/07/2022 PRINTED 100319 CLIMATEC LLC 2,482.50 2005155 07/07/2022 PRINTED 100308 CLINICAL LABORATORY OF SA 60.00 2005156 07/07/2022 PRINTED 101755 CNS ENGINEERS INC 4,532.34 2005157 07/07/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 36,189.84 2005158 07/07/2022 PRINTED 100928 COLANTUONO HIGHSMITH AND 15,905.95 2005159 07/07/2022 PRINTED 103945 JANIS COMMENTZ 100.00 2005160 07/07/2022 PRINTED 100155 COMTRONIX COMMUNICATIONS 1,332.03 2005161 07/07/2022 PRINTED 101238 CONSERVE LANDCARE LLC 765.00 2005162 07/07/2022 PRINTED 100205 NANCY K BOHL INC 275.00 2005163 07/07/2022 PRINTED 101630 CRASH DATA GROUP INC. 1,250.00 2005164 07/07/2022 PRINTED 100636 CSULB FOUNDATION 1,362.00 2005165 07/07/2022 PRINTED 100490 CVCC 2,772.00 2005166 07/07/2022 PRINTED 100115 DANIELS TIRE SERVICE INC 1,142.96 2005167 07/07/2022 PRINTED 100318 DATA TICKET INC 1,106.50 2005168 07/07/2022 PRINTED 101735 DB BACKFLOW SERVICE 4,000.00 2005169 07/07/2022 PRINTED 100265 DELL MARKETING LP 477.52 2005170 07/07/2022 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 2,156.98 2005171 07/07/2022 PRINTED 100048 DESERT FIRE EXTINGUISHER 1,506.08 2005172 07/07/2022 PRINTED 103448 DESERT HOSE SUPPLY 133.92 2005173 07/07/2022 PRINTED 100254 DOKKEN ENGINEERING 36,121.27 2005174 07/07/2022 PRINTED 101244 DOWNS ENERGY 91,111.62 2005175 07/07/2022 PRINTED 100616 DREAM SHAPERS 350.00 2005176 07/07/2022 PRINTED 100054 DESERT WATER AGENCY 64.99 2005177 07/07/2022 PRINTED 100054 DESERT WATER AGENCY 28,136.41 Item 1D - 5
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/07/2022 09:51
User: ElisaS
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2005178 07/07/2022 PRINTED 100054 DESERT WATER AGENCY 65,358.94 2005179 07/07/2022 PRINTED 103398 ELECTRO-MECH SCOREBOARD C 6,656.00 2005180 07/07/2022 PRINTED 100274 ENGINEERING RESOURCES OF 52,784.75 2005181 07/07/2022 PRINTED 100206 ESSER SERVICES INC 413.60 2005182 07/07/2022 PRINTED 100369 FAIR HOUSING COUNCIL OF R 13,111.90 2005183 07/07/2022 PRINTED 100081 FEDERAL EXPRESS CORPORATI 57.86 2005184 07/07/2022 PRINTED 101194 FLEX ADVANTAGE 666.75 2005185 07/07/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,581.84 2005186 07/07/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 60.04 2005187 07/07/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,080.58 2005188 07/07/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 11,293.20 2005189 07/07/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 68.49 2005190 07/07/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 139.99 2005191 07/07/2022 PRINTED 016067 LEANDRA GOSSETT 45.00 2005192 07/07/2022 PRINTED 101514 GRAFFITI PROTECTIVE COATI 4,204.13 2005193 07/07/2022 PRINTED 100072 GRANITE CONSTRUCTION COMP 3,059.63 2005194 07/07/2022 PRINTED 103944 COREY IVAN HOLLAND 80,490.00 2005195 07/07/2022 PRINTED 100877 WILLIE HOLLAND 9,504.00 2005196 07/07/2022 PRINTED 016154 JASMINE HUGHES 1,242.00 2005197 07/07/2022 PRINTED 103681 IMPRENTA COMMUNICATIONS G 2,500.00 2005198 07/07/2022 PRINTED 103170 INTELLIMODUS LLC 6,187.50 2005199 07/07/2022 PRINTED 101727 IRON MOUNTAIN 1,042.16 2005200 07/07/2022 PRINTED 100095 JANWAY COMPANY USA INC 253.92 2005201 07/07/2022 PRINTED 100444 JESSUP AUTO PLAZA 144.38 2005202 07/07/2022 PRINTED 101700 JNS NEXT 2,859.36 2005203 07/07/2022 PRINTED 100189 KC'S 23 1/2 HOUR PLUMBING 867.00 2005204 07/07/2022 PRINTED 100336 KEENAN AND ASSOCIATES 15,251.60 2005205 07/07/2022 PRINTED 100261 KONE INC 11,225.76 2005206 07/07/2022 PRINTED 016425 WILLIAM LAKES 157.69 2005207 07/07/2022 PRINTED 100439 THE LAMAR COMPANIES 1,500.00 2005208 07/07/2022 PRINTED 100332 LIEBERT CASSIDY WHITMORE 32,415.00 2005209 07/07/2022 PRINTED 101260 THE LLOYD PEST CONTROL 40.00 2005210 07/07/2022 PRINTED 015824 KEVIN LU 630.00 2005211 07/07/2022 PRINTED 103647 MARINA LANDSCAPE INC 7,600.00 2005212 07/07/2022 PRINTED 101798 MIDWEST TAPE INC 145.39 2005213 07/07/2022 PRINTED 101798 MIDWEST TAPE INC 59.61 2005214 07/07/2022 PRINTED 016360 CHELSEA MILLER 2,682.30 2005215 07/07/2022 PRINTED 103926 MUNICIPAL INFORMATION TEC 1,000.00 2005216 07/07/2022 PRINTED 100079 MOHICA TOWING 950.00 2005217 07/07/2022 PRINTED 100520 MONTGOMERY HARDWARE 3,390.41 2005218 07/07/2022 PRINTED 101466 MOTTOMOBILE INC DBA APEX 800.00 2005219 07/07/2022 PRINTED 101211 NAI CONSULTING 7,709.50 2005220 07/07/2022 PRINTED 103898 NATIONAL ARCHERY IN THE S 2,066.00 2005221 07/07/2022 PRINTED 103899 MARLON NAVARRO 250.00 2005222 07/07/2022 PRINTED 100040 NBS 3,743.39 2005223 07/07/2022 PRINTED 103572 NV5 INC 11,946.58 2005224 07/07/2022 PRINTED 100548 O'LINN EXECUTIVE SECURITY 170.40 2005225 07/07/2022 PRINTED 103900 ODP BUSINESS SOLUTIONS 2,479.13 2005226 07/07/2022 PRINTED 101870 ORIGINAL WATERMEN 959.41 2005227 07/07/2022 PRINTED 100133 PALM SPRINGS MOTORS 7,062.20 2005228 07/07/2022 PRINTED 016210 CORY PISCIUNERI 1,025.00 2005229 07/07/2022 PRINTED 101767 PROFORMA SOCAL 1,571.22 Item 1D - 6
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/07/2022 09:51
User: ElisaS
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2005230 07/07/2022 PRINTED 100596 PROPER SOLUTIONS INC 48,736.84 2005231 07/07/2022 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 68.20 2005232 07/07/2022 PRINTED 103947 PS YOUTH TRAINING ORCHEST 184.00 2005233 07/07/2022 PRINTED 103910 QUEER WORKS 13,721.92 2005234 07/07/2022 PRINTED 101352 R & R JANITORIAL SERVICE 72,232.80 2005235 07/07/2022 PRINTED 101629 THE RAMSAY GROUP 2,475.00 2005236 07/07/2022 PRINTED 101739 REFRIGERATION SUPPLIES DI 10,136.45 2005237 07/07/2022 PRINTED 100453 RIVERSIDE COUNTY SHERIFF 50.00 2005238 07/07/2022 PRINTED 103769 RS CONSTRUCTION & DEVELOP 8,692.50 2005239 07/07/2022 PRINTED 101574 SAFETY NETWORK TRAFFIC SI 7,920.63 2005240 07/07/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 115,201.80 2005241 07/07/2022 PRINTED 103729 SDC ENGINEERING INC 13,937.12 2005242 07/07/2022 PRINTED 100435 THE SHREDDERS 41.00 2005243 07/07/2022 PRINTED 100923 HELEN I SMITH 72.00 2005244 07/07/2022 PRINTED 100010 SMOKE TREE STABLES 759.40 2005245 07/07/2022 PRINTED 101677 SOCAL PPE LLC 655.50 2005246 07/07/2022 PRINTED 101852 SOLARCITY CORP 11,674.85 2005247 07/07/2022 PRINTED 100327 SOUTH COAST EMERGENCY VEH 9,416.75 2005248 07/07/2022 PRINTED 101594 SOUTH COAST MECHANICAL IN 16,750.00 2005249 07/07/2022 PRINTED 100080 SOUTH WEST TOWING INC 305.00 2005250 07/07/2022 PRINTED 100056 SOUTHERN CALIFORNIA ASSOC 5,657.00 2005251 07/07/2022 PRINTED 100594 SOUTHWEST PLUMBING INC 2,444.51 2005252 07/07/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 563.62 2005253 07/07/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 65.40 2005254 07/07/2022 PRINTED 100544 STANLEY ACCESS TECHNOLOGI 887.91 2005255 07/07/2022 PRINTED 015151 HEATHER TOPLIFF 1,242.00 2005256 07/07/2022 PRINTED 100386 U S CUSTOMS SERVICE 1,585.58 2005257 07/07/2022 PRINTED 100295 US BANK CORPORATE PAYMENT 141,007.35 2005258 07/07/2022 PRINTED 100129 VCA ANIMAL HOSPITALS INC 111.83 2005259 07/07/2022 PRINTED 100267 VEOLIA WATER NORTH AMERIC 373,806.21 2005260 07/07/2022 PRINTED 100144 VERIZON WIRELESS 2,522.28 2005261 07/07/2022 PRINTED 100144 VERIZON WIRELESS 9,182.41 2005262 07/07/2022 PRINTED 100144 VERIZON WIRELESS 2,108.94 2005263 07/07/2022 PRINTED 100144 VERIZON WIRELESS 12,211.41 2005264 07/07/2022 PRINTED 100144 VERIZON WIRELESS 1,978.64 2005265 07/07/2022 PRINTED 101277 VOHNE LICHE KENNELS INC 300.00 2005266 07/07/2022 PRINTED 103766 SYDNEY WEISMAN 212.50 2005267 07/07/2022 PRINTED 100222 WEST COAST ARBORISTS INC 19,079.50 2005268 07/07/2022 PRINTED 103503 MARK K WHITE 397.50 2005269 07/07/2022 PRINTED 101824 WILLDAN ENGINEERING 770.00 2005270 07/07/2022 PRINTED 100299 WILLDAN FINANCIAL SERVICE 2,500.00 2005271 07/07/2022 PRINTED 100268 ZOLL MEDICAL CORPORATION 1,959.18 146 CHECKS CASH ACCOUNT TOTAL 1,957,290.54 .00 Item 1D - 7
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/07/2022 09:51
User: ElisaS
Program ID: apchkrcn

UNCLEARED CLEARED
146 CHECKS FINAL TOTAL 1,957,290.54 .00
** END OF REPORT - Generated by Elisa Samonte **
Item 1D - 8
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/21/2022 16:29
User: ElisaS
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2005286 07/21/2022 PRINTED 101208 ABM AVIATION INC 72,543.77 2005287 07/21/2022 PRINTED 101263 ACTION PARK ALLIANCE 968.00 2005288 07/21/2022 PRINTED 101028 AEG BUREAU OF TOURISM 59,177.10 2005289 07/21/2022 PRINTED 101028 AEG BUREAU OF TOURISM 24,130.33 2005290 07/21/2022 PRINTED 102948 AERO SYSTEMS ENGINEERING 2,696.40 2005291 07/21/2022 PRINTED 100912 ALPHA MEDIA LLC 8,358.00 2005292 07/21/2022 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 9,919.38 2005293 07/21/2022 PRINTED 100755 ALTA LANGUAGE SERVICES IN 200.00 2005294 07/21/2022 PRINTED 016012 LUIS ALVAREZ 585.01
2005295 07/21/2022 PRINTED 100383 AMERICAN FORENSIC NURSES 1,120.60 2005296 07/21/2022 PRINTED 100310 ASAP PUMPING INC 365.00 2005297 07/21/2022 PRINTED 100370 AT&T 280.29
2005298 07/21/2022 PRINTED 100365 AT&T / PACIFIC BELL TELEP 49,644.20 2005299 07/21/2022 PRINTED 101410 ATWORK PERSONNEL SERVICES 681.72 2005300 07/21/2022 PRINTED 100919 BENEFIT EXPRESS SERVICES 2,220.75 2005301 07/21/2022 PRINTED 100366 BIO TOX LABORATORIES 1,280.00 2005302 07/21/2022 PRINTED 015789 LAUREN BIXLER 197.60
2005303 07/21/2022 PRINTED 101301 BRIGHTLY SOFTWARE INC 9,265.83 2005304 07/21/2022 PRINTED 100128 BRODART CO 1,252.43
2005305 07/21/2022 PRINTED 103263 BWW & COMPANY INC 51,684.75 2005306 07/21/2022 PRINTED 100460 CALIFA GROUP 7,518.61 2005307 07/21/2022 PRINTED 100587 CALIFORNIA LIBRARY ASSOCI 750.00 2005308 07/21/2022 PRINTED 100112 CDW GOVERNMENT INC 233.76 2005309 07/21/2022 PRINTED 101860 CENTRAL COMMUNICATIONS 3.19 2005310 07/21/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2005311 07/21/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2005312 07/21/2022 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2005313 07/21/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2005314 07/21/2022 PRINTED 100353 CHARTER COMMUNICATIONS 18.85 2005315 07/21/2022 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2005316 07/21/2022 PRINTED 100353 CHARTER COMMUNICATIONS 199.97 2005317 07/21/2022 PRINTED 100353 CHARTER COMMUNICATIONS 227.32 2005318 07/21/2022 PRINTED 100353 CHARTER COMMUNICATIONS 299.99 2005319 07/21/2022 PRINTED 100353 CHARTER COMMUNICATIONS 119.98 2005320 07/21/2022 PRINTED 100353 CHARTER COMMUNICATIONS 3,519.16 2005321 07/21/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2005322 07/21/2022 PRINTED 100353 CHARTER COMMUNICATIONS 156.56 2005323 07/21/2022 PRINTED 100353 CHARTER COMMUNICATIONS 119.99 2005324 07/21/2022 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 1,534.74 2005325 07/21/2022 PRINTED 100558 CINTAS CORPORATION 958.59 2005326 07/21/2022 PRINTED 100573 CLEAN ENERGY FUELS 1,930.75 2005327 07/21/2022 PRINTED 016076 PATRICK CLIFFORD 43.88 2005328 07/21/2022 PRINTED 100308 CLINICAL LABORATORY OF SA 120.00 2005329 07/21/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 11,487.30 2005330 07/21/2022 PRINTED 103879 COMMERCIAL TRANSPORTATION 1,454.00 2005331 07/21/2022 PRINTED 100205 NANCY K BOHL INC 1,775.00 2005332 07/21/2022 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 4,013.50 2005333 07/21/2022 PRINTED 100006 CPCA 145.00
2005334 07/21/2022 PRINTED 100865 CPI / COBRA PROFESSIONALS 2,537.50 2005335 07/21/2022 PRINTED 100115 DANIELS TIRE SERVICE INC 1,024.70 2005336 07/21/2022 PRINTED 103802 LANCE DAVIS / KILLER BEE 350.00 2005337 07/21/2022 PRINTED 100265 DELL MARKETING LP 5,738.04 Item 1D - 9
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/21/2022 16:29
User: ElisaS
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2005338 07/21/2022 PRINTED 100091 DEPARTMENT OF CONSERVATIO 10,664.36 2005339 07/21/2022 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 1,407.00 2005340 07/21/2022 PRINTED 100048 DESERT FIRE EXTINGUISHER 2,550.49 2005341 07/21/2022 PRINTED 103448 DESERT HOSE SUPPLY 246.83 2005342 07/21/2022 PRINTED 100609 DIRECTV 43.99
2005343 07/21/2022 PRINTED 100676 DIVISION OF THE STATE ARC 562.80 2005344 07/21/2022 PRINTED 101298 DL CONSULTING 9,950.00 2005345 07/21/2022 PRINTED 101244 DOWNS ENERGY 42,638.76 2005346 07/21/2022 PRINTED 015813 FRANCISCO J DURAN 486.12 2005347 07/21/2022 PRINTED 101179 MARIANA DUSPIVA 660.00 2005348 07/21/2022 PRINTED 100054 DESERT WATER AGENCY 36,984.56 2005349 07/21/2022 PRINTED 100054 DESERT WATER AGENCY 271.87 2005350 07/21/2022 PRINTED 100054 DESERT WATER AGENCY 4,252.39 2005351 07/21/2022 PRINTED 100090 EBSCO 10,912.00
2005352 07/21/2022 PRINTED 101648 ECITY TRANSACTIONS LLC 300.00 2005353 07/21/2022 PRINTED 101021 ELITE OTTERS SWIM TEAM 1,650.00 2005354 07/21/2022 PRINTED 103829 ALEXANDRA JABR 977.63 2005355 07/21/2022 PRINTED 100226 ENTERPRISE RENT A CAR 2,309.38 2005356 07/21/2022 PRINTED 100226 ENTERPRISE HOLDINGS, INC. 663,367.00 2005357 07/21/2022 PRINTED 101775 ENVISIONWARE INC. 850.50 2005358 07/21/2022 PRINTED 100206 ESSER SERVICES INC 68.00 2005359 07/21/2022 PRINTED 100376 EXPERIAN 77.00
2005360 07/21/2022 PRINTED 100081 FEDERAL EXPRESS CORPORATI 8.42 2005361 07/21/2022 PRINTED 016020 ERIK FERNANDEZ 277.33 2005362 07/21/2022 PRINTED 010958 SHAWN FLINN 45.00
2005363 07/21/2022 PRINTED 015746 ROBERT FONTES 404.00
2005364 07/21/2022 PRINTED 015995 BRENT FRANCIS 350.00
2005365 07/21/2022 PRINTED 100395 FRIENDS OF THE PALM SPRIN 2,312.50 2005366 07/21/2022 PRINTED 100480 FRIENDS OF THE PS ANIMAL 92,950.17 2005367 07/21/2022 PRINTED 100480 FRIENDS OF THE PS ANIMAL 556.08 2005368 07/21/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2005369 07/21/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 65.44 2005370 07/21/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,499.99 2005371 07/21/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 65.44 2005372 07/21/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 69.65 2005373 07/21/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 69.65 2005374 07/21/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 125.98 2005375 07/21/2022 PRINTED 100828 FUSION CLOUD SERVICES LLC 201.27 2005376 07/21/2022 PRINTED 100158 GALLS LLC 5,980.07
2005377 07/21/2022 PRINTED 100724 BGF LLC / GAY DESERT GUID 8,500.00 2005378 07/21/2022 PRINTED 016033 DENISE GOOLSBY 410.00 2005379 07/21/2022 PRINTED 102373 GREATER PALM SPRINGS PRID 609.00 2005380 07/21/2022 PRINTED 015160 STEPHANIE GREEN 38.43 2005381 07/21/2022 PRINTED 016168 NICHOLAS GRIEGO 145.20 2005382 07/21/2022 PRINTED 100521 GRUBER POWER 2,523.11 2005383 07/21/2022 PRINTED 016413 JEANETTE GUZMAN 735.81 2005384 07/21/2022 PRINTED 016265 DANIELLE HARPER 389.83 2005385 07/21/2022 PRINTED 103944 COREY IVAN HOLLAND 51,510.00 2005386 07/21/2022 PRINTED 100877 WILLIE HOLLAND 43,607.00 2005387 07/21/2022 PRINTED 100519 HORIZON LIGHTING INC 1,867.88 2005388 07/21/2022 PRINTED 101421 IMPRESSION DESIGN GROUP 5,108.55 2005389 07/21/2022 PRINTED 100483 INFOSAT 228.30
Item 1D - 10
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/21/2022 16:29
User: ElisaS
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2005390 07/21/2022 PRINTED 103635 INLAND EMPIRE BROADCASTIN 2,400.00 2005391 07/21/2022 PRINTED 101486 INNOVATIVE EMERGENCY EQUI 25,220.17 2005392 07/21/2022 PRINTED 100119 INTERACTIVE DESIGN CORPOR 2,483.50 2005393 07/21/2022 PRINTED 100199 INTERNATIONAL CODE COUNCI 1,350.46 2005394 07/21/2022 PRINTED 101727 IRON MOUNTAIN 256.99
2005395 07/21/2022 PRINTED 100444 JESSUP AUTO PLAZA 36.36 2005396 07/21/2022 PRINTED 100488 JOEY ENGLISH PRODUCTIONS 1,200.00 2005397 07/21/2022 PRINTED 101510 KC'S LAWNMOWER SHOP LLC 316.81 2005398 07/21/2022 PRINTED 103525 KGAY PSP CORPORATION 1,000.00 2005399 07/21/2022 PRINTED 101200 KOA CORPORATION 9,398.43 2005400 07/21/2022 PRINTED 100127 L N CURTIS AND SONS 1,728.70 2005401 07/21/2022 PRINTED 101713 LESAR DEVELOPMENT CONSULT 14,167.50 2005402 07/21/2022 PRINTED 101260 THE LLOYD PEST CONTROL 1,362.00 2005403 07/21/2022 PRINTED 100331 LOW DESERT ROCK SUPPLY IN 1,087.04 2005404 07/21/2022 PRINTED 011022 JAIME MACIAS 126.14
2005405 07/21/2022 PRINTED 103913 MAJOR SAFETY SERVICE INC 2,916.45 2005406 07/21/2022 PRINTED 100849 MANSFIELD POWER AND GAS L 44,824.01 2005407 07/21/2022 PRINTED 015732 ALEJANDRO MARTINEZ 1,084.09 2005408 07/21/2022 PRINTED 016290 DANIEL MEIER 546.03
2005409 07/21/2022 PRINTED 015156 CHARLES MENLEY 124.60 2005410 07/21/2022 PRINTED 100717 ABBE MEYER 3,500.00
2005411 07/21/2022 PRINTED 101834 MICHAEL BAKER INTERNATION 1,453.33 2005412 07/21/2022 PRINTED 015957 MICHAEL MILAN 136.81
2005413 07/21/2022 PRINTED 016175 CHERIE MILLER 45.00
2005414 07/21/2022 PRINTED 100223 MOBILE MINI LLC CA 151.42 2005415 07/21/2022 PRINTED 100079 MOHICA TOWING 504.00
2005416 07/21/2022 PRINTED 100104 MOTION PICTURE LICENSING 643.48 2005417 07/21/2022 PRINTED 101211 NAI CONSULTING 8,027.00 2005418 07/21/2022 PRINTED 103688 NATIONAL PUBLIC SAFETY GR 18,750.00 2005419 07/21/2022 PRINTED 100417 NI GOVERNMENT SERVICES IN 283.88 2005420 07/21/2022 PRINTED 016091 JESUS NIETO 1,306.85
2005421 07/21/2022 PRINTED 101646 NORTH WIND RESOURCE CONSU 2,985.40 2005422 07/21/2022 PRINTED 103900 ODP BUSINESS SOLUTIONS 6,963.83 2005423 07/21/2022 PRINTED 100489 PALM SPRINGS BLACK HISTOR 5,050.00 2005424 07/21/2022 PRINTED 100003 PALM SPRINGS DISPOSAL SER 271.96 2005425 07/21/2022 PRINTED 100147 PATTON DOOR AND GATE 6,042.00 2005426 07/21/2022 PRINTED 100596 PROPER SOLUTIONS INC 49,727.49 2005427 07/21/2022 PRINTED 100654 PS RESORTS 76,622.00
2005428 07/21/2022 PRINTED 101642 QUENCH USA INC 606.99 2005429 07/21/2022 PRINTED 101352 R & R JANITORIAL SERVICE 71,114.39 2005430 07/21/2022 PRINTED 015310 RYAN RASO 576.90
2005431 07/21/2022 PRINTED 100687 RBD HOTEL PALM SPRINGS LL 172,313.50 2005432 07/21/2022 PRINTED 103724 RECREATE WASTE COLLABORAT 4,131.25 2005433 07/21/2022 PRINTED 100018 RIVERSIDE COUNTY FLOOD CO 3,071.20 2005434 07/21/2022 PRINTED 100453 RIVERSIDE COUNTY SHERIFF 17,850.00 2005435 07/21/2022 PRINTED 101823 ROYAL CANIN 824.89
2005436 07/21/2022 PRINTED 103639 PRINTFLY CORPORATION 991.99 2005437 07/21/2022 PRINTED 015896 FRANCISCO SALGADO 762.83 2005438 07/21/2022 PRINTED 103961 SB HOSPITALITY PALM SPRIN 88,428.21 2005439 07/21/2022 PRINTED 101542 SC COMMERCIAL 16,029.05 2005440 07/21/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 19,243.15 2005441 07/21/2022 PRINTED 100435 THE SHREDDERS 170.00
Item 1D - 11
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/21/2022 16:29
User: ElisaS
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2005442 07/21/2022 PRINTED 101717 SIGTRONICS CORPORATION 842.88 2005443 07/21/2022 PRINTED 101852 SOLARCITY CORP 2,023.50 2005444 07/21/2022 PRINTED 100327 SOUTH COAST EMERGENCY VEH 1,661.90 2005445 07/21/2022 PRINTED 100080 SOUTH WEST TOWING INC 90.00 2005446 07/21/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 36,837.60 2005447 07/21/2022 PRINTED 100594 SOUTHWEST PLUMBING INC 12,950.00 2005448 07/21/2022 PRINTED 103878 SOLOMON N NIMAKO 7,150.00 2005449 07/21/2022 PRINTED 100120 SPOK INC 46.02
2005450 07/21/2022 PRINTED 100737 ST MICHAEL STRATEGIES 350.43 2005451 07/21/2022 PRINTED 100907 STEVE BECK 665.00
2005452 07/21/2022 PRINTED 100531 SUPERIOR READY MIX CONCRE 603.91 2005453 07/21/2022 PRINTED 100448 TALX CORPORATION 1,032.70 2005454 07/21/2022 PRINTED 101825 TELOS IDENTITY MGMT SOLUT 1,491.25 2005455 07/21/2022 PRINTED 015883 MIGUEL TORRES 264.45
2005456 07/21/2022 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 8,625.00 2005457 07/21/2022 PRINTED 103617 TRAVELSCAPE LLC / EXPEDIA 5,141.03 2005458 07/21/2022 PRINTED 100301 TRI STAR CONTRACTING INC. 5,397.00 2005459 07/21/2022 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 250.00 2005460 07/21/2022 PRINTED 103488 TT FASTER LLC 1,164.48 2005461 07/21/2022 PRINTED 101384 TYLER TECHNOLOGIES INC 2,730.00 2005462 07/21/2022 PRINTED 100386 U S CUSTOMS SERVICE 632.85 2005463 07/21/2022 PRINTED 100063 UNDERGROUND SERVICE ALERT 973.31 2005464 07/21/2022 PRINTED 100114 UNITED RENTALS NA INC 3,512.98 2005465 07/21/2022 PRINTED 100384 US BANK 5,920.00
2005466 07/21/2022 PRINTED 100468 USPS (QUADRIENT POSTAGE-O 20,000.00 2005467 07/21/2022 PRINTED 101784 V AND V MANUFACTURING 109.40 2005468 07/21/2022 PRINTED 103839 V-1 CONSULTING LLC 33,599.51 2005469 07/21/2022 PRINTED 016144 JACOB VALDIVIA 837.78 2005470 07/21/2022 PRINTED 100200 VALLEY LOCK AND SAFE 4,082.24 2005471 07/21/2022 PRINTED 100066 VALLEY MAIL DELIVERY 3,360.63 2005472 07/21/2022 PRINTED 100224 VALLEY POWER SYSTEMS INC 1,333.57 2005473 07/21/2022 PRINTED 100129 VCA ANIMAL HOSPITALS INC 427.23 2005474 07/21/2022 PRINTED 100621 VERIZON BUSINESS 1,437.13 2005475 07/21/2022 PRINTED 100144 VERIZON WIRELESS 37.96 2005476 07/21/2022 PRINTED 100144 VERIZON WIRELESS 722.19 2005477 07/21/2022 PRINTED 103696 ETERNAL LOVE LLC 21,414.96 2005478 07/21/2022 PRINTED 100121 VISIT GREATER PALM SPRING 115,401.37 2005479 07/21/2022 PRINTED 103739 VISTA SUNRISE II LP 113,193.86 2005480 07/21/2022 PRINTED 101675 WATCHGUARD VIDEO INC 1,112.50 2005481 07/21/2022 PRINTED 100156 WAXIE SANITARY SUPPLY 12,164.46 2005482 07/21/2022 PRINTED 100222 WEST COAST ARBORISTS INC 5,371.05 2005483 07/21/2022 PRINTED 100175 WEST-LITE SUPPLY CO. INC. 583.94 2005484 07/21/2022 PRINTED 100908 YAMADA SPA MANAGEMENT INC 303.00 2005485 07/21/2022 PRINTED 100124 ZUMAR INDUSTRIES 2,182.28 200 CHECKS CASH ACCOUNT TOTAL 2,487,112.53 .00
Item 1D - 12
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/21/2022 16:29
User: ElisaS
Program ID: apchkrcn

UNCLEARED CLEARED
200 CHECKS FINAL TOTAL 2,487,112.53 .00
** END OF REPORT - Generated by Elisa Samonte **
Item 1D - 13
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

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

City Clerk -

SUBJECT

INTERIM CITY MANAGER EMPLOYMENT AGREEMENT WITH TERESA

GALLAVAN
RECOMMENDATION:

Verbally Report a Summary of Compensation.1.

Approve Employment Agreement Appointing Teresa Gallavan as Interim City Manager, effective September 2, 2022, and Setting Compensation and Other Terms of Employment.

2. Attachments
Item 1E

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 1, 2022 CONSENT CALENDAR

SUBJECT: INTERIM CITY MANAGER EMPLOYMENT AGREEMENT WITH TERESA

GALLAVAN

FROM: Jeffrey S. Ballinger, City Attorney

SUMMARY:

At the July 28, 2022 City Council meeting, the City Council unanimously appointed Teresa Gallavan to serve as Interim City Manager, following the departure of the current City Manager. This agenda item provides the City Council with the opportunity to formally approve the appointment of, and employment agreement with, Teresa Gallavan as the Interim City Manager for the City of Palm Springs.

RECOMMENDATION:

1) Verbally Report a Summary of Compensation.

2) Approve Employment Agreement Appointing Teresa Gallavan as Interim City Manager, effective September 2, 2022, and Setting Compensation and Other Terms of Employment.

BACKGROUND:

Following the announcement of Justin Clifton’s departure as City Manager, th e City Council has discussed the appointment of an Interim City Manager, while the City conducts a recruitment for a permanent City Manager. The City Council has considered the various options available to the City, including appointment of an outside candidate as well as internal candidates. After considering all of the City’s options, on July 28, 2022, the City Council unanimously selected Teresa Gallavan to serve as Interim City Manager, while the City pursues the selection of a permanent City Manager.

STAFF ANALYSIS:

Ms. Gallavan has served as Assistant City Manager in the City of Palm Springs since November of 2021. Prior to that, she served in executive management in several California communities, including as City Manager in Selma, Economic Development Director/Asst. City Manager in Lompoc, and Marketing & Cultural Services Manager for Item 1E - 1
City Council Staff Report
September 1, 2022 -- Page 2
Interim City Manager Employment Agreement with Teresa Gallavan the County of Riverside Econ omic Development Agency. Ms. Gallavan also served as Interim City Manager for the City of Lompoc, twice, as that City searched for a new City Manager. As such, Ms. Gallavan has significant executive level experience at local public agencies. In addition, her working knowledge of the City of Palm Springs will make her an excellent Interim City Manager.

The principal terms of the proposed compensation, as reflected in the attached Employment Agreement are:

Term: Commence September 2, 2022, At Will
Salary: $275,000 annually (same as current City Manager) Under the proposed employment agreement, Ms. Gallavan would continue to receive the same health and welfare benefits (medical, dental, auto, etc.) that she currently receives as Assistant City Manager.

Finally, the proposed agreement contemplates that Ms. Gallavan will return to her position as Assistant City Manager, following her service as Interim City Manager.

ALIGNMENT WITH STRATEGIC PLANNING:

The propos
ed employment agreement supports the “Good Governance” goal of the City Council’s Stra tegic Plan, by appropriately evaluating and adjusting staffing needs. By selecting an in-house candidate, who is both experienced and knowledgeable about City issues, the Council is supporting Good Governance.

FISCAL IMPACT:

Whil
e there will be a slight increase in salary paid to Ms. Gallavan due to her new duties as Interim City Manager, this amount will be more than offset by the costs saved in bringing in an outside candidate.

REVIEWED BY:

City Attorney: Jeffrey S. Ballinger
ATTACHMENTS:

A. Empl
oyment Agreement
Item 1E - 2
55575.00001\40650191.1

CITY OF PALM SPRINGS

INTERIM CITY MANAGER EMPLOYMENT AGREEMENT
This Interim City Manager Employment Agreement (“Agreement”) is entered into as of the 1st day of September , 2022 (the “Effective Date”), between the City of Palm Springs (hereinafter referred to as the “City”) and Teresa Gallavan (hereinafter referred to as the “Interim City Manager ” or “Employee”). City and Interim City Manager /Employee are sometimes referred to in this Agreement as “Party” and collectively as “Parties.”

RECITALS
WHEREAS, the City requires the use of temporary services of an Interim City Manager for an undetermined period of time;
WHEREAS, Employee is ready, willing and able to supply such services; WHEREAS, the City Council of the City has determined that Employee is the be st qualified for the position of Interim City Manager;
WHEREAS, City presently employs Employee as Assistant City Manager; and NOW, THEREFORE, the Parties hereby mutually agree and promise as follows:

1. Duties, Acceptance of Appointment, Hours of Work.

1.1 Duties.

The Interim City Manager shall perform those duties and have those responsibilities that are commonly assigned to a City Manager of a city in California, and as may be further set forth in the City’s Municipal Code and Charter . Interim City Manager s hall perform such other legally permissible and proper duties and functions consistent with the Office of the Interim City Manager, as the City Council shall from time to time assign. It is expected that Interim City Manager shall abide by the ICMA Code of Ethics. Interim City Manager is encouraged to participate in community and civic affairs.

1.2 Acceptance of Appointment.

Interim City Manager hereby accepts the appointment as Interim City Manager of the City of Palm Springs subject to all terms and conditions set forth in this Agreement.

1.3 Hours of Work.

It is recognized that Interim City Manager devotes a great deal of time outside the normal office hours -schedule, and to that end, s he shall be allowed to establish an appropriate work schedule recognizing that the Interim City Manager should endeavor to be available during regular City Hall hours. It is also recognized by the Parties that Interim City Manager is required to devote the amount of time and energy necessary to carry out those duties with the hi ghest Item 1E - 3
55575.00001\40650191.1
2 amount of professionalism possible. That being the case, the Parties recognizes that Interim City Manager may choose to take personal time off for a portion of regular business hours when it is appropriate and when Interim City Manager’s duties allow. This personal time off should not be considered a replacement for paid time off, which should be used as appropriate. This time is also not to be considered as compensatory time for time spent by Interim City Manager in carrying out the City Manager duties outside normal office hours, as the parties agree that Interim City Manager must devote the amount of time necessary to fulfill those duties.

1.4 Devotion to City Business.

The Interim City Manager’s position is full -time. Interim City Manager shall not engage in any business, educational, professional, charitable, or other activities that would conflict or materially interfere with performance of Interim City Manager duties, except as may be specifically authorized by the City Council.

2. Term & Renewal.

Interim City Manager shall commence her services in this position on September 2, 2022 (“Commencement Date”). Interim City Manager recognizes and agrees that her services in this position will be tempora ry in nature and will terminate in accordance wit h Section 8 of the Agreement.

3. Compensation.

3.1 Salary.

City agrees to pay Interim City Manager , and Interim City Manager agrees to accept from City, as compensation for services rendered by Interim City Manager pursuant to this Agreement, a pro-rated annual base salary, commencing on the Commencement Date, in the amount of Two Hundred Seventy Five Thousand Dollars ($275,000) (hereinafter “Annual Base Salary”), payable in installment payments in the same manner and at the same times as salaries of other executive managers of the City are paid.

3.2 Other Benefits.

Interim City Manager shall be entitled , during the term of this Agreement, to continue to receive all benefits Employee was previously receiving as Assistant City Manager.

4. Bonds.

City shall bear the ful l cost of the corporate surety bond required under City Charter Section 402.

5. General Business Expenses.

5.1 City agrees to budget and pay for professional dues and subscriptions for Interim City Manager necessary for her continuation and participation in nat ional, regional, state and local boards, task-forces, conferences and meetings, associations and organizations desirable for Item 1E - 4
-
55575.00001\40650191.1
3 Interim City Manager ’s continued participation, professional growth, and advancement, and for the benefit of the City. At a minimu m, such professional dues shall include participation in the International City/County Management Association (ICMA) and the California League of California Cities.

5.2 City agrees to budget and pay for travel expenses, in accordance with existing policy, of Interim City Manager for professional and official travel, board and task- force meetings, conferences, and occasions to adequately continue the professional development of Interim City Manager and to pursue necessary official functions for City.

5.3 City rec ognizes that the Interim City Manager may incur expenses of a non- personal, job-related nature that are reasonably necessary to the Interim City Manager’s service to the City. The City agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted in accordance with the City’s normal expenditure reimbursement procedures. To be eligible for reimbursement, all expenses must be supported by documentation meeting the City’s normal requirements an d must be submitted within time limits established by the City.

5.4 Notwithstanding the above, to the degree the City must make budget reducti ons, appropriate reductions in general business expenses commensurate with reductions in other citywide accounts may be made at the sole discretion of the City Council.

6. Abuse of Office or Position.

Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, if Interim City Manager is convicted of a crime involving an abuse of her office or position, all of the fol lowing shall apply: (1) if Manager is provided with administrative leave pay pending an investigation, Interim City Manager shall be required to fully reimburse City such amounts paid; and (2) if City pays for the criminal legal defense of Interim City Ma nager (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), Interim City Manager shall be required to fully reimburse City such amounts paid; and (3) if this Agreement is terminated, any Severance Pay and Se verance Benefits related to the termination that Interim City Manager may receive from City shall be fully reimbursed to City or void if not yet paid to Interim City Manager. For purposes of this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including, but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code.

7. Notices.

Any notice required or permitted by this Agreement shall be in writing and shall be personally served upon the other Party, or sent by United States Postal Service, postage prepaid and addressed to the other Party at the addresses below. Such addresses may be changed from time to time by written notice to the other Party . Notice shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

Item 1E - 5
---
55575.00001\40650191.1

4 If to City: City of Palm Springs
Attn: Mayor
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

If to Interim City Manager: Teresa Gallavan
(Address to be provided and kept on file with City’s
Human Resources Department)

8. Termination.

8.1 At-Will Employee.

Employee shall serve in the capacity of Interim City Manager at the will and pleasure of the City Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to suspend from duty, remove from office or otherwise terminate the services of Interim City Manager at any time, at the sole discretion of the City Council, subject to the provisions of Sections 8.2 and 8.3 below. In the event a majority of the City Council terminates this Agreement for any reason, ot her than the provisions of Section

8.3 below, Employee will be r eturned to her position as Assistant City Manager without any severance, and being p aid the salary and benefits of that position and having all rights and obligations that apply to that posi tion. During the term of this Agreement, Gallavan agrees to provide written notice to the City Council of Employee’s intention to leave employment of the City at least 2 months before Employee’s last day of work. This Agreement may be terminated as follows.

8.2 Assumption of a Permanent City Manager.

This Agreement shall automatically terminate upon the commencement of duties of an individual appointed to the permanent position of City Manager. Upon termination of this Agreement, it is the intention of the Par ties that Employee shall return to continue to serve in the position of Assistant City Manager unless removed for cause, as defined below.

8.3 Cause.

Interim City Manager may be removed for Cause. Cause for purposes of this Agreement shall only mean the following:
(a) Acts in bad faith or gross misconduct to the detriment of the City or to the Interim City Manager’s reputation;
(b) Refusal or failure to act in accordance with any legal requirement or specific direction or order of the City Council;
(c) Involvement in c rime involving dishonesty, breach of trust, or public conduct reflecting negatively on the City (no pending criminal prosecution need be in effect for termination due to fraud, embezzlement or public conduct reflecting on the Item 1E - 6
55575.00001\40650191.1
5 City; rather the Council must only have a good faith belief based on a good faith investigation);
(d) Violation of any City Council adopted policies; or
(e) Breach of any material term of this Agreement , after thirty days’ notice and opportunity to cure.

Pursuant to Palm Springs Municipal Code section 2.08.010(b), upon any allegation that the Interim City Manager has engaged in conduct that would result in her termination “for cause” as defined above, the Interim City Manager shall be furnished with a written notice stating the Council’s intention to remove her and the reasons therefor at least thirty days before the effective date of removal. Within seven days after the delivery to her of such notice, the Interim City Manager may by written notification to the City Clerk request a public he aring before the Council. Thereafter the Council shall fix a time for the public hearing, which shall be held at its usual place of meeting before the expiration of the said thirty day period, and at which the Interim City Manager shall appear and be heard. After furnishing the Interim City Manager with written notice of intention to remove, the Council may suspend her from duty but her salary shall continue until her removal by resolution of the Council passed subsequent to the public hearing.

The Council, in removing the Interim City Manager , shall use its uncontrolled discretion and its action shall be final, and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the Interim City Manager publi cly to present to the Council his grounds of opposition to removal prior to its action. In the event the Council, in its discretion, still finds merit to the allegations and terminates, the Interim City Manager shall not be entitled to any severance and will be owed no further compensation.

9. General Provisions.

9.1 This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written representations or written agreements on the s ubject matter hereof, which may have been entered into between the parties.

No modification or revision to this Agreement shall be of any force or effect, unless the same is in writing and executed by the Parties hereto.

9.2 Each Party agrees and acknowledges t hat no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any Party, which are not embodied herein and that any agreement, statement, or promise not contained in this Agreement shall not be valid or binding on either Party.

9.3 If any provision, or portion thereof, contained in the Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.

9.4 This Agreement shall be governed by and construed in accordance with the law of the State of California. Venue shall be in Riverside County.

9.5 This Agreement shall be construed as a whole, accordi ng to its fair meaning, and not in favor or against any Party. By way of example and not in limitation, this Agreement shall Item 1E - 7
55575.00001\40650191.1
6 not be construed in favor of the party receiving a benefit or against the Party responsible for any particular language in this Agreement.

9.6 Interim City Manager acknowledges that she has had an opportunity to consult legal counsel in regard to this Agreement, that she has read and understands this Agreement, that she is fully aware of its legal effect, and that s he has entered into it freely and voluntarily and based on her own judgment and not on any representations or promises other than those contained in this Agreement.

9.7 In any dispute arising out of this Agreement, the prevailing party shall recover its reasonable attorneys’ fees and costs.

10. Other Terms and Conditions of Employment.

The City, only upon agreement with Interim City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Interim City M anager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, Municipal Code, or any other law, ordinance or City Resolution.

Except as otherwise provided in this Agreement, Int erim City Manager shall be entitled to the highest level of benefits that would be enjoyed by other executive department heads of the City employed as of the date of this Agreement, as provided in the Municipal Code, Personnel Rules and regulations, or by practice.

11. Indemnification.

11.1 City shall defend, hold harmless and indemnify Interim City Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of any alleged act or omission occ urring in the performance of Interim City Manager’s duties or resulting from the exercise of her judgment or discretion in connection with the performance of his duties, unless the act or omission involved unlawful conduct. City shall not unreasonably ref use to provide for legal representation at City’s expense. Legal representation, provided by City for Interim City Manager , shall extend until a final determination of the legal action including any and all losses, damages, judgment, interests, settlements, fines, court costs, and the reasonable costs and expenses of legal proceedings, including appeals, and including attorneys’ fees, and expert witness fees and all other trial and appellate costs, and other liabilities incurred, imposed upon, or suffered by such Interim City Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of Interim City Manager ’s duties.

11.2 City agrees to pay all reasonable litigat ion expenses of Interim City Manager throughout pendency of any City- related litigation to which Interim City Manager is a party, witness or advisor to the City. Such expense payments shall continue beyond Interim City Manager’s employment with the City as long as litigation is pending. Post -employment, City agrees to pay Interim City Manager for reasonable consulting fees, travel expenses and other Item 1E - 8
55575.00001\40650191.1

7 costs, when Interim City Manager serves as a witness, advisor or consultant to City regarding pending litigation.

[SIGNATURE PAGE TO FOLLOW]
Item 1E - 9
55575.00001\40650191.1
8 IN
WITNESS WHEREOF, the parties have executed this Interim City Manager Employm ent Agreement effective as of the date first written above.

EMPLOYEE/INTERIM CITY MANAGER
Teresa Gallavan
Date: ___________________________
CITY OF PALM SPRINGS, a Charter City
and California municipal corporation
Lisa Middleton
Mayor
Date: ___________________________
ATTEST:

Monique Lomeli
Interim City Clerk
APPROVED AS TO LEGAL FORM:

Jeffrey S. Ballinger
City Attorney
Item 1E - 10

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

City Clerk -

SUBJECT
ACCEPTANCE OF THE ANDERSON CHILDREN’S FUND GRANT IN THE AMOUNT OF $38,764.00 FOR THE PALM SPRINGS SWIM CENTER
RECOMMENDATION:

Authorize the acceptance of the Anderson Children’s Foundation Grant in the amount of $38,764.00 for the Palm Springs Swim Center.

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

Attachments
Item 1F

CITY COUNCIL STAFF REPORT
DAT
E: SEPTEMBER 1, 2022 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF THE ANDERSON CHILDREN’S FUND GRANT IN THE AMOUNT OF $38,764.00 FOR THE PALM SPRINGS SWIM CENTER
FROM: Justin Clifton, City Manager
BY: Yvonne Wise, Director of Parks & Recreation Department SUMMARY:

Thi
s action will approve the acceptance of the Anderson Children’s Foundation Grant in the amount of $38,764.00 for the Palm Springs Swim Center.

RECOMMENDATION:
1) Aut
horize the acceptance of the Anderson Children’s Foundation Grant in the amount of $38,764.00 for the Palm Springs Swim Center.
2) Authorize the City Manager to execute all necessary documents.

BACKGROUND:

The I
rene W. & Guy L. Anderson Children’s Foundation was established in 1970 by Irene Anderson. The trust honored her late husband, Guy Anderson, who sought to care for the unmet needs of children of every race and creed. Over the years, the Anderson Children’s Foundation has sponsored various special programs in the Palm Springs Unified School District to help young people discover and develop their g ifts and continues to award grants to diverse nonprofit organizations throughout the Coachella Valley for the purpose of enhancing the lives of children.

STAFF ANALYSIS:

In
April 2022, the City of Palm Springs Parks & Recreation Department submitted a grant application for a project titled, “Dive in to Swim” in effort to secure financial resources for the acquisition of ten (10) competitive starting blocks for the Palm Springs Swim Center.

The procurement of new starting blocks would enable the Swim Center to update the facility with modern equipment and replace the existing blocks that are no longer viable due to long -term wear and tear . The new starting blocks will enable the facility to host Item 1F - 1
City Council Staff Report
September 1, 2022 – Page 2
Acceptance of ACF Grant for Swim Center

local competitions and expand its current programming to include hosting special athletic programs to support swimmers who hope to pursue careers in competitive swimming .

Additionally, the procurement of starting blocks will also ensure that the Palm Springs Swim Center provides access to equipment to users who may normally not have access to competitive swimming because of the socio- economic challenges our local families may face.

In July, the Parks & Recreation Department was notified by the Anderson Children’s Foundation that the “Dive in to Swim” project was selected to receive grant funding in the amount of $38,764. This agenda item is to request that City Council accept and approve the grant for the Swim Center.

ENVIRONMENTAL ASSESSMENT
:

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

FISCAL IMPACT:

There are no matching funds required. The Department of Parks & Recreation will follow the City’s procurement process in purchasing the items necessary to complete the project and complete the grant reporting requirements with the Anderson Children’s Foundation.

REVIEWED BY:

Department Director: Yvonne Wise
Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton

ATTACHMENTS:

A. Anderson Children’s Foundation Grant Application
B. Anderson Children’s Foundation Grant Award Letter
Item 1F - 2
Attachment A
Item 1F - 3
City of Palm Springs Parks and Recreation
DIVE in to Swim
Project Overview
Organization Name: City of Palm Springs Parks and Recreation Project Name: DIVE in to Swim
Project Address:

Palm Springs Swim Center 405 S. Pavillion Way
Palm Springs, CA 92262
Contact Person: Lindi Mills
Phone Number: 760-323-8278
Email Address: [email protected]
Amount Requested: $38,764
Application Date: 04/13/2022
Purpose of Funds: To purchase new starting blocks, anchors, and covers for the Palm Springs Swim Center Number Impacted: 1000
Impact per Child: Championship diving blocks will allow our swimmers to reach faster times by using the same blocks daily, as used in their Championship meets.

Ages of Children: Preschool;Elementary;Middle School;High School Geogaphical Area Served: Entire CV
Time of Year: Summer;School Year;Ongoing
Unmet Needs Addressed: Fitness;Health;Recreation
Past Recipient: Yes
Project Details
Summary of Project
Palm Springs Swim Center is so thankful to the Anderson Children’s Foundation for approving our first project Time to Swim. Funding from ACF allowed the Palm Springs Swim Center to purchase new Item 1F - 4
touchpads, storage cart, starting unit, and system 6 CTS timing system. We used this equipment to host multiple events this year that will help keep the Swim Center open. ACF representative Brianna Uhlhorn came to our first big age group meet. We had over 620 swimmers, 18 teams, and 60 coaches attend this amazing swim meet. Our new project Dive in to Swim, will focus on purchasing new starting blocks, anchors, and covers. These blocks are designed for faster starts, and integrate with the CTS that was purchased last year. Please “Dive in” with us to keep competitive youth swimming alive in the Coachella Valley. The Palm Springs Swim Center would like to partner with the Anderson Children's Foundation to purchase 10 new starting blocks, anchors, and covers for Swim Center from Quikblox. Quikblox is an American made company that will design, fabricate, and install the blocks. The current blocks are nearly 20 years old, and desperately need to be replaced. The Quikblox starting blocks are Championship Style and Fina approved, which will allow Palm Springs Swim Center to host local, regional, and possibly international events. These blocks look amazing, and will give our swimmers an advantage when going to Championship swim meets.

The Palm Springs Swim Center is a beautiful aquatics facility that is home to two local youth swim teams, Palm Springs High School swim and water polo teams. Dive in to Swim project is dedicated to helping the swim center remain open. The Swim Center is essential to providing a safe and affordable space for teaching the lifesaving skill of swimming. Sadly, too many children die every year in the Coachella Valley because they don't know how to swim. The Palm Springs Swim Center is dedicated to providing opportunities for learn to swim programs for children of all ages. We also partners with local swim teams to teach "Eye Opener" swim classes, and swim lessons. These programs impact hundreds of socio economically disadvantaged families. The facility also provides access and training to children with Autism, ADHD, and other developmentally challenged youth in Coachella Valley. Please partner with the Palm Springs Swim Center to continue to provide access to safe and affordable opportunities for our youth to learn how to swim.

Goals for Use of ACF Funds

1. The DIVE in to Swim Project will give the Palm Springs Swim Center the ability to host local swim meets for youth allowing socio-economically challenged families to attend swim meets without the need for travel.

2. The Palm Springs Swim Center will host many swim meets allowing local youth swimmers to achieve time standards for championship swim meets. 3. The DIVE in to Swim Project will keep competitive swimming alive in Palm Springs and the entire Coachella Valley. 4. The DIVE in to Swim Project will help support learn to swim programs that will foster youth swimming instruction in Palm Springs. 5. The DIVE in to Swim Project funding will generate revenue to offset cost of general pool operations.

Reliance on ACF
The Anderson Children's foundation will be funding this specific project. The Palm Springs Swim Center will work with local youth swim team to purchase the covers for the blocks, and any additional labor, or shipping costs. In addition, the funding of the DIVE in to Swim project will also help the Palm Springs Swim Center stay open to provide learn to swim programs for children of all ages. The funding is essential in order for the project to function. Please partner with the Palm Springs Swim Center and help provide access to safe and affordable aquatics programs.

Future Plans
The DIVE in to Swim project will impact thousands of Coachella Valley youth swimmers every year. Funding the DIVE in to Swim project will jumpstart a much needed source of revenue for the Palm Springs Swim Center. The ability to host swim meets will generate thousands of dollars that will directly and indirectly impact the programs the facility can offer to the community. The DIVE in To Swim project will also help youth swimmers from all ages and abilities to follow their dreams of swimming in the Olympics. The Palm Springs Swim Center is dedicated to keep competitive swimming alive in the Coachella Valley. Funding the DIVE in to Swim project will give access for local swimmers to compete here at home in championship swim meets.

The impact on these future high school, college, and Olympic swimmers is life changing. But it all starts with that first swim lesson where children of all ages learn to love the water. Please partner with the Palm Springs Swim Center and fund the DIVE in to Swim project. The families and children of the Coachella Valley will be forever grateful for the lasting impact the Anderson Children's Foundation will provide by funding the DIVE in to Swim project.

Project Budget
Item 1F - 5
Conquest starting platform $2425 x 10 $24,250
Rear kick plate $6,250
Platform side handles $1,800
Custom Vinyl Graphics $0,740
Shipping $1,200
Installation $1,000
Sales Tax $3,524
Total: $38764
Tax Status Verification
Tax ID: 95-6000757
IRS Subsection Code: 956000757
Legal Name: City of Palm Springs Parks and Recreation
Verification Date: 04/13/2022
Item 1F - 6
Attachment B
Item 1F - 7
Item 1F - 8
Irene
W
&
Guv
C.
~
nderson
Children's
foundation
July
1,
2022
Grant
Award
Letter
2022-2023
Organization:

City
of
Palm
Springs
Parks
and
Recreation
Project:

DIVE
in
to
Swim
Funded:
$38,764
Contact Person:

Lindi
Mills
Congratulations!
Your
program
has
been
selected
by
Anderson
Children's
Foundation
to
receive
funding
for
2022-2023.

Your
check
is
included
with
this
letter.

ACF
strives
to
support
you
in
using
these
funds
awarded
to
successfully
fulfill
the
goals
described
in
your
application.

Brianna
Uhlhorn,
Director
of
Grants
and
Media,
will
visit
your
organization
intermittently
throughout
the
year
to
observe,
evaluate,
consult,
and
report.

Please
have
a
clear
list
of
expenditures
to
date
prepared
when
she
arrives.

Also,
upon
invitation,
Brianna
will
attend
events
that
are
relevant
to
the
children
participating
in
your
funded
project.

Again,
congratulations!
We
look
forward
to
partnering
with
you
in
nurturing
the
youth
of
our
community.

Sincerely,
Diane
Schlesinger Trustee
Brianna
Uhlhorn
Director
of
Grants
and
Media
1111
E.

Tahquitz
Canyon
Way,
Suite
109
• Palm
Springs,
California
92262
Phone:/
Fax:
760-778-1777
• www.andersonchildrensforundation.org

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

City Clerk -

SUBJECT

CONSERVATION ALTERNATIVE PLAN FOR OVERSEEDING OF RYE-SEED FOR

CITY PARKS
RECOMMENDATION:

Receive and file.

Attachments
Item 1G

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 1, 2022 CONSENT CALENDAR

SUBJECT: CONSERVATION ALTERNATIVE PLAN FOR OVERSEEDING OF RYE-

SEED FOR CITY PARKS

FROM: Justin Clifton, City Manager

BY: Teresa Gallavan, Assistant City Manager

SUMMARY:

On May 24, 2022, the State Water Board adopted an emergency regulation for urban water conservation, prohibiting irrigation of non- functional/decorative grass, and implementation of Desert Water Agency’s (DWA) level 2 water shortage contingency Plan. DWA’s Plan prohibits spray irrigation during daylight hours except for leak checks or an agency approved conservation alternative plan. On August 17, 2022, DWA’s Conservation and Public Affairs Committee approved the City’s Conservation Alternative Plan requesting to overseed 23.84 acres of turf within 8 city parks.

RECOMMENDATION:

Receive and file.

BACKGROUND:

On October 19, 2021, Governor Newsom proclaimed a drought state of emergency for all counties in California. On January 4, 2022, the State Water Board adopted an emergency regulation. On January 18, 2022, the emergency regulation became effective, and includes:

• Turn off decorative water fountains
• Turn off/pause your irrigation system when it’s raining and for two days after rain • Use an automatic shutoff nozzle on your water hose
• Use a broom, not water, to clean sidewalks and driveways • Give trees just what they need; avoid overwatering
• Suspend watering ornamental turf on public medians

Following the State Water Board emergency regulations , Staff suspended the irrigation of ornamental turf in medians throughout the City. On June 16, 2022, City Council approved the conversion of four (4) median islands from turf to desert landscape. The Item 1G - 1
City Council Staff Report
September 1, 2022 -- Page 2
Conservation Alternative Plan - Overseeding

following turf conversions account for approximately 77,925 square feet (1.79 acres) complete in August of 2022.

• East Palm Canyon between Farrell Drive and Cerritos Drive • Sunrise Parkway and Ramon Road from Sunrise Way to Cerritos Road • East Palm Canyon between Canyon Sands Drive and Linden Way • Ramon Road between Farrell and Premier Care Center

On March 28, 2022, Governor Newsom directed the State Water Board to consider adopting further emergency regulations for urban water conservation. On May 24, 2022, the State Water Board adopted an emergency regulation which went into effect on June 10, 2022; and will remain in effect for one year from the effective date, unless the Board modifies it, readopts it, or ends it before then.

Emergency Regulation Requirements:

• Commercial, industrial, and institutional decorative grass should not be watered (with limited exceptions)
• Give all trees just what they need; avoid overwatering • All urban water suppliers must implement all Level 2 demand reduction actions in their water shortage contingency plans (with limited exceptions) • Urban water suppliers without adopted water shortage contingency plans must take specified actions

Desert Water Agency implemented their Level 2 Water Shortage Contingency Plan (Level 2 Plan), which includes:

• Outdoor water use is prohibited during daylight hours for spray irrigation except for leak checks or with an agency approved Conservation Alternative Plan • Restaurants and other eating establishments shall not provide drinking water to patrons, except upon request
• The Agency will actively discourage overseeding
• Agency shall expand public information campaign
• Agency shall increase water waste patrols.
• Agency shall reduce hydrant and dead-end line flushing.

The above restrictions are applicable for potable water, and do not restrict the use of reclaimed water.

STAFF ANALYSIS:

The City has historically initiated turf overseeding with ryegrass in late September each year when the underlying Bermuda grass goes dormant for the winter; however, overseeding requires constant irrigation for germination of the rye seed – inconsistent with the Level 2 Plan which prohibits spray irrigation during daylight hours, except for leak Item 1G - 2
City Council Staff Report
September 1, 2022 -- Page 3
Conservation Alternative Plan - Overseeding

checks or a DWA approved Conservation Alternative Plan.

Staff presented a Conservation Alternative Plan, Attachment A, to DWA’s Conservation and Public Affairs Com mittee on August 17, requesting approval to overseed approximately 23.84 Acres, or 48% of turf within 8 City Parks, excluding Demuth Park which is irrigated with reclaimed water, therefore exempt of the regulation. The remaining

25.73 acres will go dormant, of which 10.13 acres will be converted to desert landscape.

During the 2015 drought , Council approved, with recommendation from Parks & Recreation and Sustainability Commissions, conceptual plans for future desert landscape conversions at various City parks, included as Attachment B. Staff is recommending the continuance of those conceptual plans less the conversions previously slated for Sunrise Park.

DWA recently applied for funding of the Sunrise Recycled Water Connection Project through Coachella Valley Regional Water Management Group through Proposition 1, Round 2 Implementation Grant. If this grant is awarded, in partnership with the City, it would provide reclaimed water irrigation to Sunrise Park reducing ground water pumping, therefore conversion of turf is not currently proposed for this location.

Item 1G - 3
City Council Staff Report
September 1, 2022 -- Page 4
Conservation Alternative Plan - Overseeding

Baristo Park

Baristo Park, shown in Figure 1, located at Calle El Segundo is approximately 2 acres with 26,216 square feet (.6 acres) of turf. DWA’s Conservation and Public Affairs Committee authorized the City to proceed with overseeding 12,891 square feet (.29 acres) of turf. To comply with the states mandated conservation measures , Staff has identified 31,325 square feet (.31 acres) to go dormant of which 8,530 square feet (.2 acres) will be considered for conversion to desert landscape.

Figure 1 – Baristo Park

Item 1G - 4
Section# Turf Area (S.F.)
1 9,171
2 7,397
3 4,48 7
4 5,161
I 26,216
Dorman t 2022
-
Dormant and Co nvers ion

BARISTO PARK
Turf Area (AC.) Dormant A rea (AC)

0.21 0.17 0.17

0.10 0.02

0.12 0.12

0.60 0.31
Desert Conv. (AC)

0.06 0.02

0.12 0.20
Overseeding (AC)

0.21 0

0.09 0.30
City Council Staff Report
September 1, 2022 -- Page 5
Conservation Alternative Plan - Overseeding

Demuth Park

Demuth Park, shown in Figure 2, has over 61 acres of outdoor landscape and recreational areas, and includes ball fields, pickleball courts, soccer fields and tot lot. Demuth park is open until 10 pm and is heavily utilized for team sports until late evening hours.

Demuth Park is irrigated with reclaimed water (not potable water) which is exempt from the water conservation regulations applicable to potable water. Staff recommends that overseeding occur at Demuth Park to ensure the recreational areas and sports fields have appropriately maintained turf areas for athletic play.

Figure 2 – Demuth Park

Item 1G - 5
City Council Staff Report
September 1, 2022 -- Page 6
Conservation Alternative Plan - Overseeding

Desert Highland Park

Desert Highland Park, shown in Figure 3, located on Tramview Road is approximately 10 acres with 327,212 square feet (7.6 acres) of turf. DWA authorized the City to proceed with overseeding 142,556 square feet ( 3.27 acres) of turf. To comply with the states mandated conservation measures, Staff has identified 184,656 square feet (4.24 acres) to go dormant of which 93,523 square feet (2.15 acres) will be considered for conversion to desert landscape.

Figure 3 – Desert Highland Park

Item 1G - 6

DESERT HIGHLAND PARK
Section# Turf Area (S.F.) Turf Area (AC.) Dormant Area (AC) Desert Conv. (AC) Overseed (AC) 1 116,893 2.68 0.69 0.69 1.99
2 91,132 2.09 2.09
3 90,754 2.08 1.14 1.14 0.9 4
4 27,226 0.63 0.29 0.29 0.34
5 1,206 0.03 0.03 0.03
I 327,212 7.51 4 .24 2.15 3.27
Dormant 2022
- Dormant an d Convers io n
City Council Staff Report
September 1, 2022 -- Page 7
Conservation Alternative Plan - Overseeding

Dog Park

The Dog Park, shown in Figure 4, is located between El Cielo Road and Civic Drive on the north side of City Hall, is approximately 1.6 acres with 24,668 square feet (.57 acres) of turf. DWA authorized the City to proceed with overseeding 24,668 square feet (.57 acres) of turf.

Figure 4 – Dog Park

Item 1G - 7

DOG PARK
Section# I Turf Area (S.F.) I Turf Area (AC.) I Overseed (AC) 1 21,024 0.48 0.48
2 3,644 0.08 0 .08
I 24,668 I o.s1 I 0.57
City Council Staff Report
September 1, 2022 -- Page 8
Conservation Alternative Plan - Overseeding

Downtown Park

The Downtown Park, shown in Figure 5, is located on Museum Way between Belardo Road and Museum Drive, is approximately 1.5 acres with 6,076 square feet (.14 acres) of turf. DWA authorized the City to proceed with overseeding 6,076 square feet (.14 acres) of turf.

Figure 5 – Downtown Park

Item 1G - 8

DOWNTOWN PARK
Section# I Turf Area (S.F.] I Turf Area (AC.] I Overseed (AC.] 1 4,223 0.10 0 .10
2 1,853 0.04 0 .04
I 6,076 I 0.14 I 0 .14
City Council Staff Report
September 1, 2022 -- Page 9
Conservation Alternative Plan - Overseeding

Frances Stevens Park

Frances Stevens Park, shown in Figure 6, located on Alejo Road between Palm Canyon Drive and Indian Canyon Drive is approximately 4 acres with 61,352 square feet ( 1.41 acres) of turf. DWA authorized the City to proceed with overseeding 29,021 square feet (.66 acres) of turf. To comply with the states mandated conservation measures, Staff has identified 32,331 square feet (.74 acres) to go dormant of which 17,429 square feet (.4 acres) will be considered for conversion to desert landscape.

Figure 6 – Frances Stevens Park

Item 1G - 9
Section # Turf Area (S.F.)
1 24,151
2 8,741
3 7,193
4 18,551
5 759
6 1,958
I 61,352
Dorm ant 2022

FRANCES STEVENS PARK
Turf Area (AC.) Dormant Area (AC.)

0.55 0 .01

0.20 0 .08

0.17 0 .17

0.43 0 .43

0.02 0 .02

0.04 0 .04

1.41 0 .74
Desert Conv. (AC.)

0.01 0.08

0.17 0.08

0.02 0.04

0.40 Overseeding (AC.)

0.54 0.12

0.66 City Council Staff Report
September 1, 2022 -- Page 10
Conservation Alternative Plan - Overseeding

Ruth Hardy Park

Ruth Hardy Park, shown in Figure 7, located on Tamarisk Road is approximately 22 acres with 607,874 square feet (13.95 acres) of turf. DWA authorized the City to proceed with overseeding 346,021 square feet (7.94 acres) of turf. To comply with the states mandated conservation measures , S taff has identified 261,853 square feet ( 6.01 acres) to go dormant of which 203,667 square feet (4.68 acres) will be considered for conversion to desert landscape.

Figure 7 – Ruth Hardy Park

Item 1G - 10

RUTH HARDY PARK
Section# Turf Area (S.F.) Turf Area (AC.) Dor mant Area (AC.) Desert Conv. (AC.) Overseed (AC.) 1 276 ,215 6.34 1.82 1 .82 4 .52
2 25,550 0.59 0.59 0.59
3 4,451 0.10 0.10 0 .10
4 195 ,964 4.50 1.08 1.08 3.42
5 61,206 1.41 1.41 0 .07
6 7,503 0.17 0.17 0 .17
7 24,409 0.56 0.56 0.56
8 9,797 0.22 0.22 0 .22
9 2,778 0.06 0.06 0 .06
I 607 ,874 13 .95 6.01 4 .68 7.94
Dormant 2022
-
Dormant an d Convers io n
City Council Staff Report
September 1, 2022 -- Page 11
Conservation Alternative Plan - Overseeding

Sunrise Park

Sunrise Park, shown in Figure 8, located on Sunrise Way is approximately 38 acres with 805,078 square feet (18.48 acres) of turf. DWA authorized the City to proceed with overseeding 423,663 square feet (9.73 acres) of turf. To comply with the states mandated conservation measures , S taff has identified 381,415 square feet (8.76 acres) to go dormant.

Item 1G - 11

SUNRISE PARK
~ection # Turf Area (S.F.) Turf Area (AC.) Dormant Area (AC.) Desert Conv. (AC.) Overseed (AC.) 1 40,308 0.93 0.93
2 11,109 0.26 0.26
3 70,588 1.62 1.62 0.00
4 8,917 0.20 0.20
5 9,441 0.22 0.01 0.20
6 5,460 0.13 0.13
7 28,026 0.64 0.64
8 12,331 0.28 0.28
9 19,985 0.46 0.46
10 34,894 0.80 0.80
11 35,919 0.82 0.82
12 25,087 0.58 0.58
13 33 ,616 0.77 0.47 0.30
14 114,040 2.62 2.62
15 39,505 0.91 0.91 0.00
16 12,025 0.28 0.28
17 8,040 0.18 0.18
18 18,556 0.43 0.43
19 113,461 2.60 2.60
20 117,863 2.71 2.71
21 25,787 0.59 0.59
22 20,121 0.46 0.46
I 805,078 18.48 8.76 9.73
Dormant 2022
-
Dormant and Convers io n
City Council Staff Report
September 1, 2022 -- Page 12
Conservation Alternative Plan - Overseeding

Figure 8 – Sunrise Park

Item 1G - 12
City Council Staff Report
September 1, 2022 -- Page 13
Conservation Alternative Plan - Overseeding

Victoria Park

Victoria Park, shown in Figure 9, located on Via Miraleste is approximately 8 acres with 301,388 square feet (6.92 acres) of turf. DWA authorized the City to proceed with overseeding 54,005 square feet (1.24 acres) of turf. To comply with the states mandated conservation measures , S taff has identified 247,383 square feet (5.68 acres) to go dormant of which 118,107 square feet (2.71 acres) will be considered for conversion to desert landscape.

Figure 9 – Victoria Park
Item 1G - 13
Section # Turf Area (S.F.)
1 162 ,309
2 89,792
3 49,287
I 301 ,388
Dormant 2022
-
Dormant and Convers io n

VICTORIA PARK
Turf Area (AC.) Dormant Area (AC.) Desert Conv. (AC.)
3 .73 2.59 1.90

2.06 1.96 0.44

1.13 1 .13 0 .37

6.92 5 .68 2.71
Overseed (AC.)

1.14 0 .10

1.24 City Council Staff Report
September 1, 2022 -- Page 14
Conservation Alternative Plan - Overseeding

The Conservation Alternative Plan excludes overseeding and the deferral of ryegrass at the following locations:

Location Turf
Airport 8.5 Acres
City Corporate Yard .1 Acres
City Hall 1.1 Acres
Demuth Community Center .3 Acres
Coachella Valley Economic Partnership (CVEP) Building .6 Acres Fire Station #1 & Henry Frank Arcade Parking Lot .2 Acres Palm Springs Visitor’s Center .1 Acres
Police Department .5 Acres
Wellness Park 1.3 Acres
Total Turf 12.7 Acres

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Priority 3A Community Infrastructure and 2C – Environmental Stewardship.

FISCAL IMPACT:

Funds have been budgeted and are available in the current fiscal year 2022- 23 in Park Maintenance Account 1006540- 40105 and Facilities Maintenance Account 5206570- 50119.

Item 1G - 14
City Council Staff Report
September 1, 2022 -- Page 15
Conservation Alternative Plan - Overseeding
REVIEWED BY:

Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton
ATTACHMENTS:

A. Sept
ember 16, 2015, Staff Report
B. Conservation Alternative Plan
Item 1G - 15
ATT

ACHMENT A
Item 1G - 16
Item 1G - 17
------------- -·-··-··-- ---

CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 16, 2015 UNFINISHED BUSINESS
SUBJECT: DEFERRAL OF ANNUAL TURF OVER-SEEDING AND

CONSIDERATION OF A DROUGHT RESPONSE PLAN AT CITY PARKS
FROM: David H. Ready, City Manager
BY: Marcus L. Fuller, Assistant City Manager/City Engineer

SUMMARY
On May 20, 2015, the City Council received a report on the Stage 2 Water Shortage Alert issued by Desert Water Agency (DWA), and steps to be taken by staff to comply with the Stage 2 Alert. Accordingly, irrigation of turf within street medians and parkways has been suspended, and irrigation at City parks and facilities has been reduced from 7 days per week to 3 days per week. As a result, landscaped areas are suffering due to the summer heat. Annually, the City has historically initiated turf "over-seeding" with rye grass in late September when the underlying Bermuda grass goes dormant for the winter; however, over-seeding requires constant irrigation for a 7 day period for germination of the rye seed - inconsistent with the Stage 2 Alert regulations adopted by DWA. Staff requests City Council direction on the deferral of annual turf over-seeding during the on-going drought, and regarding conceptual plans for future desert landscape conversions at various City parks.

RECOMMENDATION:

1. Authorize the deferral of rye-grass over-seeding at: Airport, Baristo Park, City Hall/Civic Center Campus, Dog Park, Francis Stevens Park, Desert Highland Park, Ruth Hardy Park, Sunrise Park (with the exception of Palm Springs Stadium baseball field), and Victoria Park; and

2. Authorize rye-grass over-seeding at: Demuth Park (irrigated with reclaimed water), the Palm Springs Stadium baseball field at Sunrise Park, and Village Green; and

3. Approve the conceptual plans for future desert landscape conversions at various City parks.
irEM No._\\_~----
Item 1G - 18
City Council Staff Report
September 16, 2015 -- Page 2
Drought Response Plan at City Parks
BACKGROUND:

The state of California continues to suffer an historic water crisis. While most communities suffering from severe water shortages are located in central or northern California, southern California relies in large part on State Water Project delivered through the California aqueduct from northern California, or from the Colorado River.

More than 50% of California's daily water use (and as much as 80% or more) is used outdoors for lawns and outdoor landscaping.

In response, local agencies including the City and DWA have adopted water conservation regulations that have helped reduce outdoor use of the domestic water supply.

On September 3, 2014, the City Council adopted Ordinance No. 1858 enacting Chapter

11.06 "Water Conservation and Water Waste Prevention" of the Palm Springs Municipal Code (PSMC). Section 11.06.050 "Water Conservation Requirements" includes restrictions on outdoor watering of lawns and landscaped areas, and identifies certain actions that are not applicable to the water conservation regulations, and states:
(a) Watering hours and duration. No lawn or landscaped area shall be irrigated or watered by any means between the hours of 7:00 a.m. and 7:00 p.m. on any day.

Above-ground spray irrigation or watering shall not exceed fifteen (15) minutes per irrigation station or area. This subsection shall not apply to:

1. Drip irrigation systems.

2. Use of a hand-held bucket or similar container.

3. Use of a hand-held hose equipped with a positive action quick-release shutoff valve or nozzle.

4. Irrigation necessary to establish newly planted low water usage plants.

5. Water expended for limited periods of time necessary for irrigation system maintenance or leak repair.

6. Irrigation necessary to establish annual reseeding of seasonal grass and planting seasonal color for a maximum period of foulteen (14) days after the reseeding or the newly planted seasonal color.

The exclusion to water conservation regulations noted in item 6 was intended to allow for the annual maintenance of lawns through over-seeding. However, Section 11.06.070 "Drought Alert Requirements" includes reference to the fact that the City's local regulations are subject to other regulations that may be adopted, and states:
(a) The requirements of this Chapter are in addition to, and not in lieu of, the Desert Water Agency Water Supply Plan for Emergency Supply Shortage, adopted by Ordinance No. 45 of the Board of Directors of the Desert Water Agency, as may be amended.
(b) The requirements of this Chapter are in addition to, and not in lieu of, any Federal or state Water Supply Plan or Regulation for Emergency Supply Shortage.

C2
Item 1G - 19
City Council Staff Report
September 16, 2015 -- Page 3
Drought Response Plan at City Parks
On April 21, 2015, DWA held a public hearing and adopted Resolution No. 1108 revising mandatory conservation measures identified for its Stage 2 Water Shortage Alert pursuant to DWA's Water Shortage Contingency Plan. A copy of DWA's Resolution No. 1108 is included as Attachment 1; among the new or revised water use restrictions imposed by DWA on all of its urban water customers are:
• Outdoor irrigation of commercial, industrial and institutional facilities shall be restricted to alternate days after 7:00 PM and before 7:00 AM according to a schedule determined by DWA; (alternatively, DWA may approve an alternative water use reduction plan that achieves reduction in water use equivalent to those expected from the standard restrictions)
• Outdoor residential irrigation shall be restricted to Mondays, Wednesdays, and Fridays, after 7:00 PM and before 7:00 AM
• The use of fountains or other decorative water features shall be prohibited unless necessary as habitat for aquatic pets (this restriction was later rescinded by DWA)
• The application of water to outdoor landscapes during and up to 48 hours after measurable rainfall shall be prohibited
• The use of potable water to irrigate turf within street medians, and turf within the dedicated right-of-way on either side of a public street, shall be prohibited Therefore, DWA Resolution No. 1108 enacted water conservation regulations that are more restrictive than Chapter 11.06 of the PSMC, in that there is no exemption for daily irrigation of outdoor lawn for annual reseeding of seasonal grass.

STAFF ANALYSIS:

The City's water conservation efforts have resulted in a significant reduction of its water consumption. In June 2015, the City consumed 48,848 hundred cubic feet (hcf)1. or

36.5 Million gallons of water as reported by the several hundred domestic water meters providing irrigation at City parks and landscaped medians and parkways, and providing water supply at all City facilities. The June 2015 consumption compares to a consumption of 85,220 hcf, or 63. 7 Million gallons of water - equivalent to a year-to­ year reduction of 43%! The City's water conservation efforts surpassed the state­ mandated reduction of 36% imposed on DWA. A copy of the City's water consumption records for June 2012 - June 2015 is included as Attachment 2.

On the basis that the City has reduced its water consumption more than the 36% reduction imposed by the state on DWA and its customers, the City could argue an ability to increase irrigation to accommodate annual reseeding of seasonal grass; however, staff recommends that the City defer annual reseeding given the public perception of wasted water associated with the constant irrigation required during the reseeding operation. Deferral of reseeding is recommended at:
1 WA reports water consumption in units of 100 cubic feet (hcf); there are 748 gallons of water in 100 cubic feet. C3
Item 1G - 20
City Council Staff Report
September 16, 2015 •· Page 4
Drought Response Plan at City Parks
• Airport
• Baristo Park
• City Hall/Civic Center Campus
• Dog Park
• Francis Stevens Park
• Desert Highland Park
• Ruth Hardy Park
• Sunrise Park (with the exception of Palm Springs Stadium baseball field) • Victoria Park
However, staff recommends that reseeding occur at Demuth Park given that Demuth Park is irrigated with reclaimed water and is exempt from the water conservation regulations applicable to potable water.

Additionally, given the recreational use of the Palm Springs Stadium baseball field, and the need for appropriately maintained turf for baseball play, staff recommends that reseeding occur at the Stadium baseball field only, but be deferred elsewhere at Sunrise Park.

Finally, given the limited turf area within the Village Green, and its high use by the public, staff recommends that reseeding occur at Village Green.

Future Desert Landscape Conversion of City Parks
There are eight parks and several City facilities with large turf areas that can be considered for future desert landscape conversion. Limiting outdoor irrigation at these parks and facilities to 3-days per week has caused landscaping to suffer, with turf areas browning and adjacent trees now evidencing shock due to loss of water. It is important to note that most of the City's parks and landscaped areas are irrigated with turf over· spray sprinkler systems, and there are no dedicated separate tree irrigation systems.

Thus - by reducing the irrigation to the turf over•spray sprinkler system, the trees within the City's parks are receiving much less irrigation than they require.

A Plan of Action to preserve the City's prior investment in outdoor landscaping is required. Accordingly, staff prepared conceptual exhibits of each City park identifying an area of 36% that may be set aside for future desert landscape conversion - corresponding to the state-mandated reduction of 36% imposed on DWA. In theory, by setting aside these areas, the City's water consumption will decrease by a similar amount - and on that basis the City can request DWA approval of an alternative water use reduction plan authorized by its Resolution No. 1108.

Implementation of the desert landscape conversion at City parks would occur in phases, as follows:

Phase 1 - Irrigation retrofit and turf browning
Phase 2 - Desert landscape design approval
Phase 3 - Desert landscape conversion ,. C4
Item 1G - 21
City Council Staff Report
September 16, 2015 - Page 5
Drought Response Plan at City Parks
Staff recommends that the City initiate Phase 1 immediately, and implement modifications to the existing irrigation systems to allow for the areas set-aside in the City's parks to stop receiving turf irrigation. Consequently, staff would request approval from DWA to implement an alternative water use reduction plan allowing for daily outdoor irrigation at the City's parks and facilities where at least 36% of the landscaped and turf areas are set-aside and allowed to brown and go bare.

The conceptual exhibits of the City parks are included as Attachment 3.

Funding to proceed with Phases 2 and 3 has not been identified. The conceptual exhibits for Baristo Park, Desert Highland Park, Frances Stevens Park, Ruth Hardy Park, Sunrise Park and Victoria Park identify over 750,000 square feet of landscaped turf areas to be set-aside representing 36% of the area. Costs to implement desert landscape conversions vary - depending upon the type of drip irrigation system and plantings, but may cost from $4 to $6 per square foot. Thus, implementing this Plan of Action for water conservation at City Parks may require $3 Million to $4.5 Million.

At the June 16, 2015, Parks and Recreation Commission meeting, the Commission reviewed the conceptual exhibits for implementing turf reductions at the various City parks, and recommended approval.

At the July 21, 2015, Sustainability Commission meeting, the Commission reviewed the conceptual exhibits for implementing turf reductions at the various City parks, and recommended approval.

Baristo Park
Baristo Park, located at Calle El Segundo is approximately 2 acres with 27,021 square feet (0.62 acres) of turf. Over-seeding is not advised for Baristo Park. To comply with the state-mandated reduction of 36% imposed on DWA, staff recommends that 9,796 square feet of the turf area in Baristo Park be allowed to go fallow and considered for conversion to desert landscape as funding is made available. The area to be considered for conversion is indicated with cross hatching in Figure 1.

Fi ure 1 - Baristo Park
C5
Item 1G - 22
City Council Staff Report
September 16, 2015 -- Page 6
Drought Response Plan at City Parks
City Hall
There is over 58,000 square feet (1.33 acres) of turf areas at the City Hall/Civic Center Campus. Staff recommends that these turf areas at the City Hall/Civic Center Campus not be over-seeded. Staff has coordinated preparation of a conceptual landscape plan for the desert-landscape conversion at City Hall, which has been reviewed by the City Council Sub-Committee (Lewin/Mills) , and will be presented to the City Council for consideration at a future meeting.

Demuth Park
Demuth Park shown in Figure 3 has over 61 acres of outdoor landscape and recreational areas, and includes ball fields, 4 public tennis courts, soccer fields and tot lot. Demuth park is open until 10 pm and is heavily utilized for team sports until late evening hours.

Demuth Park is irrigated with reclaimed water (not potable water) which is exempt from the water conservation regulations applicable to potable water. Staff recommends that over-seeding occur at Demuth Park to ensure the recreational areas and sports fields have appropriately maintained turf areas for athletic play. 6 Item 1G - 23
City Council Staff Report
September 16, 2015 - Page 7
Drought Response Plan at City Parks
Dog Park
The Dog Park, shown in Figure 4, is located between El Cielo Road and Civic Drive on the north side of City Hall, the Dog Park has not been over-seeded for the last three years. Staff recommends that we continue to defer over-seeding at the Dog Park.

Item 1G - 24
City Council Staff Report
September 16, 2015 - Page 8
Drought Response Plan at City Parks
Francis Stevens Park
Francis Stevens Park, located on Alejo Road between Palm Canyon Drive and Indian Canyon Drive is 4 acres with approximately 1.6 acres of turf. Over-seeding is not advised for Francis Stevens Park given the high traffic use anticipated in October/November which has historically caused damaged to the newly over-seeded rye grass. To comply with the state-mandated reduction of 36% imposed on DWA, staff recommends that 26,478 square feet of the turf area in Francis Stevens Park be allowed to go fallow and considered for conversion to desert landscape as funding is made available. The area to be considered for conversion is indicated with cross hatching in Figure 5.

Figure 5 - Francis Stevens Park
Desert Highland Park
Desert Highland Park, located on Tramview Road is approximately 10 acres with 7.6 acres of turf. Over-seeding is not advised for Desert Highland Park. To comply with the state-mandated reduction of 36% imposed on DWA, staff recommends that 2.8 acres of the turf area in Desert Highland Park be allowed to go fallow and considered for conversion to desert landscape as funding is made available. The area to be considered for conversion is indicated with cross hatching in Figure 6.

C8
Item 1G - 25
City Council Staff Report
September 16, 2015 -- Page 9
Drought Response Plan at City Parks
Figure 6 - Desert Highland Park
Ruth Hardy Park
Ruth Hardy Park, located on Tamarisk Road is approximately 22 acres with play structures , 8 public tennis courts, 3 sand volleyball courts, picnic tables , basketball court, and tot lot, and 14.6 acres of turf. Over-seeding is not advised for Ruth Hardy Park. To comply with the state-mandated reduction of 36% imposed on DWA, staff recommends that 5.3 acres of the turf area in Ruth Hardy Park be allowed to go fallow and considered for conversion to desert landscape as funding is made available. The area to be considered for conversion is indicated with cross hatching in Figure 7.

C9
Item 1G - 26
City Council Staff Report
September 16, 2015 -- Page 10
Drought Response Plan at City Parks
Figure 7 - Ruth Hardy Park
Sunrise Park
Sunrise Park, located on Sunrise Way is approximately 38 acres with basketball courts, baseball fields, and play structures , and 14.4 acres of turf. Over-seeding is not advised for Sunrise Park with the exception of the Palm Springs Stadium baseball field. To comply with the state-mandated reduction of 36% imposed on DWA, staff recommends that 5.2 acres of the turf area in Sunrise Park be allowed to go fallow and considered for conversion to desert landscape as funding is made available. The area to be considered for conversion is indicated with cross hatching in Figure 8. 10 Item 1G - 27
City Council Staff Report
September 16, 2015 -- Page 11
Drought Response Plan at City Parks
Victoria Park
Figure 8 - Sunrise Park
Victoria Park, located on Via Miraleste is approximately 10 acres 8. 7 acres of turf. Over­ seeding is not advised for Sunrise Park. To comply with the state-mandated reduction of 36% imposed on DWA, staff recommends that 3.1 acres of the turf area in Victoria Park be allowed to go fallow and considered for conversion to desert landscape as funding is made available . The area to be considered for conversion is indicated with cross hatching in Figure 9.
11 Item 1G - 28
City Council Staff Report
September 16, 2015 -- Page 12
Drought Response Plan at City Parks
FISCAL IMPACT:

Figure 9 - Victoria Park
There is no budget allocated for desert landscape conversion of the City's parks at this time, which are estimated to cost from $3 Million to $4.5 Million to implement. Initially, staff can pursue retrofit of the irrigation systems by its landscape maintenance contractor, for a nominal cost to be funded from existing budget. However, implementing this initial retrofit will allow the areas set-aside in the parks to go fallow until such time as funding is appropriated to implement the desert landscape conversion of those areas.
12 Item 1G - 29
City Council Staff Report
September 16, 2015 -- Page 13
Drought Response Plan at City Parks
SUBMITTED:

Prepared by:
~-Marcus L. Fuller, MPA, P.E., P.L.S.

Assistant City Manager/City Engineer
Attachments:

1. DWA Resolution No. 1108

2. June Water Consumption Data Comparison

3. Conceptual Park Exhibits
David H. Ready, Esq., Ph.

City Manager
13 Item 1G - 30
ATTACHMENT 1
. . 1 4 ,. ~
Item 1G - 31
RESOLUTION NO. 1108

RESOLUTION OF THE BOARD OF DIRECTORS OF

DESERT WATER AGENCY REVISING THE

MANDATORY CONSERVATION MEASURES
PRESCRIBED FOR A STAGE 2 WATER SHORTAGE

ALERT PURSUANT TO THE AGENCY'S WATER

SHORTAGE CONTINGENCY PLAN
WHEREAS, the State of California is experiencing a severe drought and all water purveyors in California, including Desert Water Agency, are required by law to implement measures to alleviate drought impacts; and
WHEREAS, by Ordinance No. 45 the Board of Directors of Desert Water Agency has adopted a Water Shortage Contingency Plan which provides for certain measures to be implemented upon the declaration of levels of water shortage as set forth in the ordinance; and WHEREAS, Ordinance No. 45 includes a Stage 2 Water Shortage Alert with mandatory restrictions on outdoor irrigation; and
WHEREAS, this Board of Directors has declared a Stage 2 Water Shortage Alert; and
WHEREAS, Section 4 of Ordinance No. 45 allows this Board to revise the mandatory conservation measures prescribed for a State 2 Water Shortage Alert upon a showing of need for such modification or amendment; and
WHEREAS, the California State Water Resources Control Board adopted revised emergency water use regulations on March 17, 2015, which include certain mandatory water conservation measures applicable to Desert Water Agency that are not currently addressed in Ordinance No. 45 for a Stage 2 Water Shortage Alert; and WHEREAS, the action taken by the State Water Resources Control Board has created a need for Desert Water Agency to revise the water conservation measures prescribed for a Stage 2 Water Shortage Alert in order to remain compliant with the new regulations; and WHEREAS, the Governor of the State of California issued an Executive Order on April 1, 2015 mandating a statewide 25% water use reduction and Desert Water Agency will revise Ordinance 45 following the adoption of the State Water Resources Control Board's implementation plan to comply with the mandate; and
WHEREAS, this Board of Directors conducted a public hearing on April 21, 2015, with notice of such hearing published in a newspaper of general circulation within the Agency and also posted on the Agency's website, to consider revisions to the mandatory water conservation measures prescribed for a Stage 2 Water Shortage Alert in light of the mandatory actions required by the emergency drought regulations adopted by the State Water Resources Control Board, and has considered the comments provided at the public hearing; Page I of3
01358.00000\9704974.2 .!5
Item 1G - 32
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of Desert Water Agency does hereby revise the mandatory water conservation measures prescribed in Section 3.2 of Ordinance No. 45 for a Stage 2 Water Shortage Alert to replace those listed therein with the following:
(1) Washing of hardscape, such as driveways, parking lots and walkways, shall be prohibited.
(2) The use of running water to wash vehicles shall be prohibited. The use of buckets and stop nozzles on hoses, for rinsing only, shall be permitted. (3) Restaurants may provide water to customers only upon request. ( 4) Outdoor irrigation of commercial, industrial and institutional facilities shall be restricted to alternate days after 7:00 p.m. and before 7:00 a.m., according to a schedule determined by Agency staff following consultation with the affected customer. A commercial, industrial or institutional customer may implement an alternative water use reduction plan that achieves reductions in water use equivalent to those expected from the restrictions prescribed herein, if approved in advance by the General Manager.
(5) Outdoor residential irrigation shall be restricted to Mondays, Wednesdays and Fridays, after 7:00 p.m. and before 7:00 a.m.
(6) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non•irrigated areas, private and public walkways, roadways, parking lots, or structures shall be prohibited. (7) The use of fountains or other decorative water features shall be prohibited unless necessary as habitat for aquatic pets, in which case recirculating water shall be pennitted. (8) The application of water to outdoor landscapes during and up to 48 hours after measurable rainfall shall be prohibited.
(9) Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. Each hotel or motel shall prominently display notice of this option in each bathroom, using clear and easily understood language. (10) The use of potable water outside of newly constructed homes and buildings that is not delivered by drip or micro•spray systems shall be prohibited. (11) The use of potable water to irrigate turf within street medians, and turf within the dedicated right of way on either side of a public street, shaH be prohibited. (12) Agency customers are encouraged not to empty and refill swimming pools from June 1 through October 31 unless necessary to address a health or safety emergency. (13) Agency customers shall be notified by Desert Water Agency in the event that the customer has a leak that is within the customer's control.

0 l358.0000019704974.2 ,. !6
Item 1G - 33
BE IT FURTHER RESOLVED that this Board will take further subsequent action to amend or replace Ordinance No. 45 as appropriate to implement such further water conservation measures as may be required by the State Water Resources Control Board in response to current drought conditions statewide.

BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon adoption.

ADOPTED this 21st day of April, 2015.

01358.00000\9704974.2
· s Cioffi, Vice President
Board of Directors
!7
Item 1G - 34
ATTACHMENT 2
, 18
Item 1G - 35
Desert Water Usage
June Comparison
June
CITY OF PALM SPRINGS WATER ACCOUNTS COSUMPTION IN 100 CF 2012 2013 2014 2015 PS Meter Service Address Account Nu 2012-06 2013-06 2014-06 2015-06 3000 EL CIELO RD N CITYHALL 44134880 2,247 1,434 1,238 534 3001 SUNRISE WAYS - LIB & STA (COGEN) (Sunrise Park) 44131080 0 0 0 0 3002 ELCIELO RDS 45180924 48 207 300 220
3003 CIVIC DRS 44132620 419 288 414 206
3004 1595 N Palm Cyn/W Vista Chino - median irrigation 47163795 0 0 0 3 3005 4810 CAMINO PAROCELA 45193130 0 2 49 17
3007 Sunrise (Coyote Run) 34350805 0 0 0 0
3008 RAMON RD E 44131032 312 286 359 154
3009 VIA MIRALESTE (Victoria Park) 44026416 39 34 44 37 3010 LA VERNE WAY 44266500 58 54 41 41
3011 538 N PALM CANYON DR - PS THEATER - FIRE SVC (Francis Stevens Park) 44100291 0 0 0 0 3012 1911 E BARISTO RD (FREY BLONG) 44131140 17 23 so 47 3016 538 PALM CANYON DR N - PS THEATER (Francis Stevens Park) 44100292 215 240 218 98 3018 3120 CIVIC DRS 44132600 53 35 30 36
3019 1901 PALM CANYON DRE 44254762 46 0 0 0
3021 EL CIELO RDS 44241119 0 0 0 0
3023 3698 VISTA DUNES 34333399 33 64 1,187 425
3027 GATEWAY DR 34340700 0 0 0 0
3029 TRAMVIEW RD IRRI (Desert Highland Park) 34341548 1,883 1,875 1,687 905 3030 TRAMVIEW RD IRRI (Desert Highland Park) 34341549 1,966 1,964 1,184 874 3031 TRAMVIEW RD (Desert Highland Park) 34341550 1,851 1,836 1,851 884 3038 VIA MIRALESTE (Victoria Park) 44026420 1,458 1,484 1,485 872 3039 VIA MIRALESTE (Victoria Park) 44026430 2,566 2,484 2,747 994 3040 PALM CANYON DR N 44035325 8 0 2 3
3041 PALM CANYON DR N 44035410 5 2 1 1
3042 PALM CANYON DR N 44035515 5 1 2 0
3043 PALM CANYON DR N IRRI 44036030 5 2 1 2
3044 PALM CANYON DR NE SIDE 44036419 7 1 4 2
3045 PALM CANYON DR N 44036523 3 0 1 2
3046 r PALM CANYON DR N IRRI 44037000 173 171 150 34
3047 TRAMWAY RD 44037003 13 0 1 0
3049
 ..

FRANCIS ST PARK IRRIGATION (Francis Stevens Park) 44100294 364 318 412 243 c.o
8/6/2015 1 of 9
Item 1G - 36
Desert Water Usage
June Comparison
June
CITY OF PALM SPRINGS WATER ACCOUNTS COSUMPTION IN 100 CF 2012 2013 2014 2015 PS Meter Service Address Account Nu 2012-06 2013-06 2014-06 2015-06 3050 FRANCIS ST PARK IRRIGATION (Francis Stevens Park) 44100295 370 313 407 229 3052 700 PALM CANYON DR N 44100 313 19 11 21 7
3053 1547 PALM CANYON DR N 44100447 14 32 18 5
3054 PALM CANYON DR N 44103523 17 15 26 9
3055 PALM CANYON DR N 44103880 8 0 1 18
3056 PALM CANYON DR N 44104064 36 32 23 62
3057 773 PALM CANYON DR N 44104239 0 14 18 14
3058 641 PALM CANYON DR N 44104378 5 2 1 6
3059 575 PALM CANYON DR N 4410439 5 57 1 1 0
3060 507 PALM CANYON DR N 44104499 0 0 0 0
3061 AVE CABALLEROS N IRRIG (Ruth Hardy Park) 44111502 1,692 1,654 1,744 494 3062 AVE CABALLEROS N (Ruth Hardy Park) 44111550 1,665 1,875 1,746 629 3063 TAMARISK RD (Ruth Hardy Park) 44111640 1,127 1,397 1,350 489 3064 TAMARISK RD (Ruth Hardy Park) 44111660 969 1,234 1,190 491 3065 157 ALEJO RD IRRIGATION 44151005 22 59 56 60
3066 2990 RAMON RD E 44130160 63 62 112 0
3067 BARISTO RD E BALLFIELD (Sunrise Park) 44131144 1,188 1,441 1,266 789 3068 RAMON RD E 44131022 671 692 618 599
3069 RAMON RD E 44131024 631 715 629 690
3070 RAMON RD E 44131026 915 873 807 776
3071 RAMON RD E 4413 1028 0 0 0 0
3072 RAMON RD E 44131034 1,003 959 964 425
3073 RAMON RD E 44131036 459 484 488 231
3074 RAMON RD E 44131038 823 886 909 434
3075 SUNRISE WAY S 441310 78 0 0 0 0
3076 TAHQUITZ CYN E 44131614 213 139 103 69
3077 TAHQUITZ CYN E 44131626 211 160 128 0
3078 TAHQUITZ CYN E IRRIGATION ISLAND (CITY HALL) 44131642 225 148 132 0 3079 TAHQUITZ CYN E 44133310 235 162 145 124
3080 TAHQUITZ CYN E 44133340 334 200 227 0
3081 TAHQUITZ CYN E 44133366 276 218 189 55
3082 JUANITA DR 44134200 101 157 93 126
N
0 8/6/2015 2 of 9
Item 1G - 37
Desert Water Usage
June Comparison
June
CITY OF PALM SPRINGS WATER ACCOUNTS COSUMPTION IN 100 CF 2012 2013 2014 2015 PS Meter Service Address Account Nu 2012-06 2013-06 2014-06 2015-06 3083 JUANITA DR 44134220 51 47 19 11
3084 ALEJO RD E 44134820 109 139 68 35
3085 CIVIC DR N 44134825 358 322 410 434
3086 CIVIC DR N 44134840 0 0 0 0
3087 CIVIC DR N 44134866 0 0 47 47
3088 CIVIC DR N 44134868 53 241 14 14
3090 EL CIELO RD NIE TAHQUITZ CYN MEDIAN 44134892 228 99 107 126 3092 TAHQUITZ CYN E 44146150 176 122 9 10
3093 TAHQUITZ CYN E 44146180 239 173 41 40
3094 TAHQUITZ CYN E S SIDE 44146310 371 310 0 0
3095 TAHQUITZ W/0 SUNRISE IRRIGATION 44146850 375 303 174 179 3096 TAHQUITZ CYN E 44147110 286 131 38 31
3097 464 PALM CANYON DR N 44151036 27 37 22 5
3098 342 PALM CANYON DR N 44151074 0 0 0 0
3099 PALM CANYON DR N 44151135 14 27 11 5
3100 PALM CANYON DR N 44151178 0 0 0 0
3101 PALM CANYON DR S 44151212 5 12 7 2
3102 PALM CANYON DR S TREES 44151220 0 0 0 0
3103 PALM CANYON DR S TREES 44151242 9 18 8 3
3104 PALM CANYON DR S 44151 280 35 20 17 8
3105 PALM CANYON DRS 44151300 31 17 11 28
3106 215 INDIAN CYN S 44151410 30 32 15 12
3107 241 INDIAN CYN N 44151515 27 15 18 43
3108 PALM CANYON DR N 44151614 36 39 30 6
3109 PALM CANYON DR N TREES 44151643 0 0 0 0
3114 PALM CANYON DR S 44153950 7 15 15 3
3115 PALM CANYON DR S 44153980 0 0 0 0
3116 211 PALM CANYON DR S 44154327 59 18 11 9
3117 PALM CANYON DR S (PARKS) 44154329 55 73 82 44
3119 PALM CANYON DR S 44154340 5 4 4 2
3120 PALM CANYON DR S 44154870 20 13 8 7
t\.) 3121 PALM CANYON DR S TREES 44154905 39 27 22 0
,-
8/6/2015 3 of 9
Item 1G - 38
Desert Water Usage
June Comparison
June
CITY OF PALM SPRINGS WATER ACCOUNTS COSUMPT ION IN 100 CF 2012 2013 2014 2015 PS Meter Service Address Account Nu, 2012-06 2013-06 2014-06 2015-06 3122 INDIAN CYN S 44223021 0 0 0 0
3123 PALM CANYON DRS 44223048 0 0 0 0
3124 PALM CANYON DR S 44228018 11 16 56 10
3126 BELARDO RDS 44228051 0 0 0 0
3129 PALM CANYON DR E 44233007 1 2 0 1
3130 PALM CANYON DR E 44233170 65 8 87 1
3131 PALM CANYON DR E 44233220 2 5 2 1
3132 1450 PALM CANYON DRS 44233368 2 4 2 8
3133 PALM CANYON DR S 44233490 1 2 2 1
3134 RIVERSIDE DR S 44233892 3 11 3 1
313S RIVERSIDE DR S 44233901 174 6 3 1
3136 RIVERSIDE DR S 44233911 5 49 5 5
3137 RIVERSIDE DR S 44233919 6 3 5 1
3138 RIVERSIDE DRS 44233925 37 4 5 2
3139 RIVERSIDE DR S 44233933 11 3 8 2
3140 RIVERSIDE DRS 44233941 4 31 3 2
3141 RIVERSIDE DR S 44233949 12 7 6 3
3142 RIVERSIDE DR S 44233957 40 24 12 12
3143 RIVERSIDE DR S 44233965 42 2 6 3
3145 PALM CANYON DR S 44234132 1 2 1 0
3147 WARM SANDS PL 44235648 5 6 24 17
3148 CAMINO PAROCELA 44235835 20 22 86 56
3149 INDIAN TR 44235852 26 10 110 87
3150 CAMINO PAROCELA 44236110 16 12 14 30
3151 PALM CANYON DR S 44236430 5 5 8 2
3153 PALM CANYON DR S 44236900 1 4 1 1
3154 PALM CANYON DR E 44246622 135 172 185 0
3155 PALM CANYON DR E 44246626 382 459 478 0
3156 1800 PALM CANYON DRE 44247648 45 59 107 0
3157 SUNRISE WAYS 44247652 44 64 55 0
3158 SUNRISE WAYS 44249460 128 112 93 0
r 3159 RAMON RD E 44249470 113 127 140 0
N
8/6/2015 4 of 9
Item 1G - 39
Desert Water Usage
June Comparison
June
CITY OF PALM SPRINGS WATER ACCOUNTS COSUMPTION IN 100 CF 2012 2013 2014 2015 PS Meter Service Address Account Nu 20U-06 2013-06 2014-06 2015-06 3160 RAMON RD E 44249480 134 118 99 0
3167 EL CIELO RDS 45180926 0 0 0 0
3168 SAN MARTIN CIR 45192080 215 212 257 92
3169 MESQUITE AVE E 45196814 0 2,601 1,311 52
3171 BRENTWOOD DR 45291200 2 2 1 4
3180 GOLF CLUB DR 45296500 3 s 3 12
3184 PALM CANYON DRE 45300420 0 0 0 0
3187 PALM CANYON DR E IRRIG 45306384 321 304 376 30
3189 BIRDIE WAY 45308595 0 0 0 0
3195 TAHQUITZ CYN E 44146099 109 so 8 15
3197 265 PALM CANYON DRS IRRIGATION 44154365 213 64 38 46 3199 CALLE EL SEGUNDO S (Baristo Park) 44144368 234 260 413 195 3200 SATURNINO RD (Baristo Park) 44144372 107 55 99 48
3202 CHIA RD 45071310 4 147 111 0
3207 5800 BOLERO RD PSFD 45294000 8 1 1 1
3208 PAR DR/GENE AUTRY (pocket park per R.Minjares) 45308628 14 35 27 10 3209 AVIATION WAY 44134950 137 37 40 0
3215 RIVERSIDE DR N 44234423 122 142 398 216
3219 ELCIELO RD N 44134882 0 0 0 0
3226 CIVIC DRS 44132590 1 0 0 0
3227 SUNRISE WAYS LIBRARY (COGEN) (Sunrise Park) 44131081 2,614 2,358 2,206 2,047 3228 SUNRISE WAYS LIBRARY (COGEN) (Sunrise Park) 4413108 2 2,332 1,832 1,985 1,750 3229 EL CIELO RD N 44134879 1,318 1,248 1,156 103
3231 200 CIVIC DR S 44132592 0 0 184 77
3232 200 CIVIC DR S 44132594 561 624 613 408
3235 ALEJO RD E 44120500 21 7 10 5
3236 ALEJO RD E 44120501 23 0 0 4
3237 ALEJO RD E 44120502 21 5 8 4
3238 ALEJO RD E 44120503 25 8 11 6
3239 ALEJO RD E 44120504 16 4 7 4
3240 ALEJO RD E 44120505 20 6 8 7
r .) 3241 ALEJO RD E 44120506 28 9 13 7
w
8/6/2015 S of 9
Item 1G - 40
Desert Water Usage
June Comparison
June
CITY OF PALM SPRINGS WATER ACCOUNTS COSUMPTION IN 100 CF 2012 2013 2014 2015 PS Meter Service Address Account Nu 2012-06 2013-06 2014-06 2015-06 3242 ALEJO RD E 44120507 12 s 8 4
3243 100 EL CIELO RDS 45180910 1,972 1,240 1,471 1,183
3244 INDIAN CYN/ANDREAS IRRI 44147256 51 84 23 16
3245 CAHUILLA & CHINO IRRIGATION 44104496 35 66 31 21
3246 VINE AVE & CHINO IRRIGATION 44104470 20 58 48 44
3247 MESQUITE AVES SIDE 451951S0 0 0 0 0
3248 CIVIC DR N IRRI 44135610 69 32 0 0
3253 EL CIELO RDS 45180918 72 415 592 276
3254 ELCIELO RDS 45180920 966 367 sos 250
3256 INDIAN CYN/AMADO IRRIGATION 44147990 0 0 0 0
3257 INDIAN CYN N IRRIGATION 44151552 0 0 0 0
3258 WASTEWATER TREATMENT PLANT- DEMUTH PARK 22226830 22,742 22,390 24,104 16,014 3259 INDIAN CYN/TAHQUITZ CYN IRRIGATION 44151475 81 66 29 7 3260 INDIAN N/O SATURNIN IRRI 44145880 15 12 11 10
3261 INDIAN CYN SW/TAHQUITZ CYN IRRIGATION 44151436 0 0 0 0 3262 INDIAN CYN COROZON IRRIGATION 34341593 24 27 160 18 3264 CITY IRRIGATION & FOUNTAIN 44151491 28 230 30 38
3265 TWIN STAR-SUNRISE NORTE 34350830 489 399 416 226
3266 SUNRISE NORTE-DWA WELL 34350998 282 303 248 111
3267 PLAZA THEATRE FS34 - FIRE SVC 44151438 0 0 0 0
3275 225 EL CIELO RD S 44132700 5 6 17 6
3276 MESQUITE AVE CONCESS ION 45195148 12 17 9 6
3279 2800 RAMON RD E 44130546 72 71 82 3
3285 480 TRAMVIEW RD FS37 - FIRE SVC 34341547 0 0 0 0
3296 HANGAR-AIRPORT 44135620 14 45 0 4
3299 AVENIDA CABALLEROS IRRIGATION 34351628 111 63 so 97 3302 AVENIDA CABALLEROS IRRIGATION 34351760 38 39 43 283 3303 128 PALM CANYON DRS 44151434 110 77 102 62
3304 6001 STATION RD 34220001 115 72 95 41
3305 SEC EL CIELO & BARISTO (Aviation Admin) 45180350 609 503 483 237 3306 3400 E TAHQUITZ CANYON WY IRRIGATION 45180620 362 269 127 90 { .l 3307 IRRIGATIONG LIVMOR & CIVIC 44135400 0 473 377 229 ~
8/6/2015 6 of 9
Item 1G - 41
Desert Water Usage
June Comparison
June
CITY OF PALM SPRINGS WATER ACCOUNTS COSUMPTION IN 100 CF 2012 2013 2014 2015 PS Meter Service Address Account Nu1 2012-06 2013-06 2014-06 2015-06 3308 RAMON RD IRRIGATION 45180600 1,447 1,568 1,191 502 3312 410 N BELARDO RD IRRIGATION 4415 1678 73 44 88 74
3313 IRRIGATION -EIS FARRELL S/0 VISTA 44121600 1,075 2,637 3,186 340 3314 MID-VALLEY PKWY MESQUITE IRRIGATION 22220015 263 373 367 151 3316 369 1/2 N PALM CANYON DR 44151665 17 17 34 22
3317 HERITAGE TRAIL IRRIGATION 44154125 15 14 11 17
3320 TACHEVAH DR - DESERT HEALTHCARE PARK (Wellness Park ) 44112700 482 132 143 142 3321 N INDIAN CANYON - FIRE STATION #1 44151523 19 26 19 18 3322 313 1 N INDIAN CANYON 44029428 0 0 0 0
3323 3131 N INDIAN CANYON 44029430 0 0 0 0
3325 3131 N INDIAN CANYON 44029470 0 0 0 0
3326 313 1 N INDIAN CANYON 44029474 0 0 0 0
3327 3131 N INDIAN CANYON FS42 - FIRE SERVICE 44029476 0 0 0 0 3329 ARENAS RD N IRRIGATION 44145 168 32 36 17 20
3330 300 N EL CIELO RD 45181602 0 0 0 0
3332 IRRIGATION C/RACQUET CLUB & SUNRISE 44025169 262 148 159 151 3333 BARISTO & INDIAN - CPS PARKING GARAGE - FIRE SVC 44151383 0 0 0 0 3334 FRANCIS STEVENS PARK - FOUNTAIN (Franc is Stevens Park) 44100293 83 161 38 0 3335 INDIAN CYN S/0 GRANVIA VAL 44100296 35 16 38 57
3336 BARISTO & INDIAN - CPS PARKING GARAGE 44151384 31 30 31 18 3337 290 1 PALM CANYON DR N 44037001 12 9 7 7
3338 ST MEDIAN AT VIA LAS PALMAS 44103671 29 48 29 4
3339 EL CIELO RDS 45180906 2,620 3,161 3,081 1,938
3340 ELCIELO RDS 45180900 1,721 486 697 40 1
3341 ELCIELO RDS 45180902 1,163 435 451 202
3342 EL CIELO RDS 45180908 1,178 5,282 2,468 1,290
3343 IRRIGATION N/S TAHQUITZ W/0 PALM CANYON 44152999 0 97 13 0 3344 RAMON RD ST MEDIAN IRRIGATION 45193189 0 24 38 35
3345 RAMON RD ST MEDIAN IRRIGATION 45201232 0 0 0 0
3346 RAMON RD ST MEDIAN IRRIGATION 45201215 6 5 7 5
3347
.>
GENE AUTRY ST MEDIAN IRRIGATION 4507132 1 222 161 348 463 CJ1 3348 TACHEVAH DR - DESERT HEALTHCARE PARK (Wellness Park) 44112702 644 868 890 731 8/6/20 15 7 of 9
Item 1G - 42
Desert Water Usage
June Comparison
June
CITY OF PALM SPRINGS WATER ACCOUNTS COSUMPTION IN 100 CF 2012 2013 2014 2015 PS Meter Service Address Account Nu 2012-06 2013-06 2014-06 2015-06 3349 GENE AUTRY ST MEDIAN IRRIGATION 45180506 230 293 334 338 3350 GENE AUTRY ST MEDIAN IRRIGATION 45071810 58 118 99 196 3351 GENE AUTRY ST MEDIAN IRRIGATION 45201114 53 S2 38 34 3353 601 ANDREAS RD E 44147350 87 79 102 60
3357 S PALM CANYON S/O SUNNY DUNES 44234154 6 6 7 9
3359 VIA LAS PALMAS E/O CAMINO 44103727 29 41 32 10
3360 MOUNTAIN VIEW LANDSCAPE ISLAND 44104087 46 38 28 51 3361 N/S SUNNY DUNES W/O S PALM CYN 44236720 1 2 1 0
3365 MEDIAN ISLAND CABALLEROS 44148432 0 0 0 0
3368 TRAMVIEW RD IRRIGATION 34341552 0 0 204 63
3370 N/END EL CIELO EIS FIRE STATION (RUNWAY ) 99015701 4 3 6 0 3372 425 N Civic Dr WIS S/O Alejo 99015718 8 2 0 12
3375 TEMP- SIS Murray Canyon @ Sierra Ma 99015721 0 0 0 0 3376 TEMP- Golf Club Dr. @ Golf Course 99015722 0 0 0 0 3377 VIDEO ROAD IRRIGATION 34342032 2 1 2 18
3378 3500 MOUNTAIN GATE IRRIGATION 34342500 354 470 308 194 3379 LAWRENCE CIRCLE IRRIGATION 34342014 4 2 43 8
3380 HOWARD CIRCLE IRRIGATION 34341994 1 8 18 12
3381 ALBERTO CIRCLE IRRIGATION 34341974 2 3 32 18
3382 3725 EASTGATE RD IRRIGATION 34341929 13 16 9 7
3383 4046 AL TERRA RD IRRIGATION 34342550 361 270 412 119 3384 520 112 WARM SANDS DR. 44235591 1 0 1 4
3385 SUNRISE IRRIGATION MTR (Enclave median) 44016319 12 15 30 4 3386 CROSSLEY RD (formerly -US Filter-Wastewate r) 45295604 1 2 4 9 3387 PALM CANYON DR S (VILLAGEFEST ) 44151200 12 9 2 2
3388 VIAESCUELA CITY LANDSCAPE 45062069 288 249 220 218 3500 EIS INDIANISAN RAFAEL 34353038 67 52 50 13
3501 3601 MESQUITE AVE E (YMCA) 45195100 282 265 228 191 3502 AVENIDA FEY NORTE 45073578 196 280 508 497
3503 ALEJO RD E 44123626 581 390 452 160
3504 4575 E MESQUITE AVE - ANIMAL SHELTER 45196862 57 112 124 109 3505 4575 E MESQUITE AVE - ANIMAL SHELTER-FIRE 5ERV 45196860 0 0 0 0 r-.) O')
8/6/2015 8 of9
Item 1G - 43
Desert Water Usage
June Comparison
CITY OF PALM SPRINGS WATER ACCOUNTS COSUMPTION IN 100 CF PS Meter Service Address Account Nu
3506 210 N EL CIELO RD· LEGEND AIRE /SIGNATUR E HGR 1 45181000 3507 210 N EL CIELO RD-#FS44 LGEND AIRE/SGNTURE HGR 45181004 3509 101 S SUNR ISE 44149656
3510 ALEJO RD E (Airport Fire Service) 44135900
3512 FOUR SEASONS BLVD-SUNRISE 34360098
~ ~+a-OOA Way (Pais by SigAatl,lF9 Sl,lJ:)J:l9Ft) 44B49!i::! 3M-S 333 A¥iatiaA V'iay ~8248 (Paiel by SigAatYF9 8YJ:)J:)9rt) 44134%4 3516 SIS Tramview Rd N/O Ind ian - Desert Highland 9901609 3 3517 Welwood Murray Memo rial Library: 100 S Palm Cyn - FIRE SVC 44151 201 3011A TOWER RD FIRE STAT1ON 45181604
3388A 1100 VELLA RD-HAZARDOUS WASTE DISPOSAL 45196859
Total Consumption by Month
* Accounts with Opterra's irrigation controllers; these need to be monitored for guaranteed savings . 8/6/2015
2012
2012-06
14 0
56 0
263
G
g
274
1 82,830
June
2013 2014 2015
2013-06 2014-06 2015-06
27 13 11
0 0 0
75 139 29
0 0 0
215 170 136
g g g
g g g
0 0
0 283 221 128
1 0 1
86,850 85,220 48,484
9 of 9
Item 1G - 44
ATTACHMENT 3
::s
Item 1G - 45
{ .)
c:.o
AREA#'
1 2
3 4
5 T.urf Area (5.F.)
8,751
7,240
4,581
4,920
1,529
27,021
- -----------------
875 1 S.F
AREA

BARISTO PARK
Desert
458 1 S. F.

AREA 3
Turf Area (AC) 36% Area (SF) Conv.(S.F.)
-

0.20 3,150

0.17 2,606

0.11 1,649

0.11 1,771

0.04 550

0.62 9,712,

TURF TO DESERT

CONVERSION AREA
2,554
793
4,920
1,529
9,796
7240 S.F.

AREA 2
Item 1G - 46

DESERT HIGHLAND PARK
Section II Turf Arn (U.t Turf Are.a (Ac.) 36" Area (SF) 1 91,3]4 2. 10 32.m
2 90.293 2.07 32,SOS
3 123,981 2.as 44,633
4 25.336 0.58 , 121
5 1,044 0.02 376
331.968 7 62 .119.508
Desert
Conv.
(S.f.)
ArHA
9,629
31, 687
27,156
12, 100
1,044
U 616

D TURF TO DESERT

CONVERSION AREA
Item 1G - 47
1 2
3 4
s
6 1
24, 8

7.337
7, l~
S,239
2,498
4,261
19125

70. 186
19,125 S.F.

AREA 7
-------- 24,558 S.F.

Am1\

0.17 2,641 7,168

0.16 2,580 ,239

0.12 l ,886 2,498

0.06 899 4,261

0.10 1,534 3,616
4 6,885 1&, 78 o. 15,267 1.61
31 Item 1G - 48
--.,. ,.,..~" c.r, •
(UJ
-· UIS
; )
IOU! .,. vu UUIJ
i.• ) a ., Utl
,,os 0'1 UD ......
¥,1.D on ;.q, uu D TURF TO DESERT U,16J Oll ~~ U"1
.. , 11.11 ,. ... Ui& CONVERSION AREA
~ .... ,,m lO.lO?
1D 0" ..,,,, ... ,
(t,J
II
''"
0111 lQJ
u 1. Oot l.71t
N ll 1,01.t. 01• i.sn
"
;,.si, l.J1 ,...,
"
us .,.,,.

I
17 II
Item 1G - 49
S.UH•J:Sf PA.RIC
I-· ..,_,a,.l•-'-~-""1 --1\JJ
...... '" .....
1,ru~ ..... ... .. ..... . .. '" , ....
ow ... ~- ~~, ...,, ... .... .... .,. ,.,. .... ,._ .. , .. _. .. " ~=1 D TURF TO DESERT ... .,. " .... ~ ... . •. ..... CONVERSION AREA
" ""' ... . ,..,,
" "'" ... u n.MI
" ,.,,,. ow ..... ,
,. ""' "'
llMI ,
CJ .. ...... ... , ..
" .... .. -
UH,
w ,, ,.,.. '" uni .. ... w ...
" -~ ... ••n•
"' ..... .. .. --" .... , .. .. .... U>
n JIY ... ., .• i ..... ,,.

Item 1G - 50
VICIORtA PARK
Section# Turf At~ (SJ<.) Turf Ann, jA!;,I 36" !l!•l!!a. (Sf) 1 204 ,625 4.70 71,665
2 111,406 .?.$8 40,Jlli6
3 62,030_ 1.42 TI1JJ
379,061 &70 Uli,162
ba-itt'I:
eonw.
(5.f,)
!Hil4l
15,ll!l

20.663
il7,sati

TURF TO DESERT
IC C C - z ' I CONVERSION AREA
14 ATTACHMENT B

Item 1G - 51
City Park Turf 49.58 Acres
Desert Scape Conversion 10.13 Acres
Dormant Turf 15.60 Acres
Overseeding 23.85 Acres
The City of Palm Springs is requesting to overseed approximately 23.85 acres, or 48% of its turf within 8 City Parks. The remaining 25.73 acres will go dormant, of which 10.13 will be converted to desert landscape.

Item 1G - 52
CONSERVATION ALTERNATIVE PLAN . ··
The City has appropriated funds in its Fiscal Year 2022-23 to initiate Turf Conversion starting in the Winter of 2022 and continuing through June 2024.

The City has completed four (4) conversion projects this summer:

Canyon Sand Dr./E. Palm Canyon Dr. .25 Acres
E. Palm Canyon Dr/E. Palm Canyon Dr. .93 Acres
Ramon Rd: Farrell Dr. to Premier Care Center .22 Acres
Sunrise Way: Camino Parocela to Ramon Rd .38 Acres
Total 1.78 Acres
Item 1G - 53
Sunrise Park
Power Baseball
Summer League
Men’s Senior Baseball
US Amateur Baseball
Federation
Desert Chapel
4 th of July
Opera in the Park
Cerritos Field
PS Youth Football
PSHS Softball
PS Youth League
Downtown Park
Movies in the Park
Concerts in the Park
Ruth Hardy Park
Urban Yoga
Family Gatherings
Birthday Rentals
Neighborhood Groups
Flagging in the Desert
Fish Fry
East Egg Hunt
ONE-PS Picnic
Frances Stevens
Desert Art Festival
Art in the Park
Victoria Park
Family Gatherings
Birthday Rentals
Palm Springs’ Parks are home to several community events, park rentals and sports leagues.
89th Annual Fish Fry
Easter Egg Hunt
ONE-PS Picnic
Ride with Us
Pancake Breakfast Arbor Day
Item 1G - 54
Item 1G - 55
Section#
1 2
3 4
I
'Turf Area (S.F.)
Dormant ZD!2
'91,171
13/917 ,
4,487
5,161
Dormant a 1111d Co 11ve rs.io 11
Turf Area (AC.)

0.21 n.17

0.10 0.12
0 .60
Dor1mant Arrea (ACJ

0.17 0 02
0 .12
0 31
Desert Co1nv. (_AC)
0 .06
0 .02
0 .1.2
0 .20
Orverseedli1ng (AC)
0 .21
0 [~.09
U.30
BARISTO PARK IS 2 ACRES IN SIZE WITH .6 ACRES OF TURF, OF WHICH .29 ACRES IS REQUESTED FOR OVERSEEDING. THE REMAINING .31 ACRES WILL GO DORMANT WITH .2 OF THOSE ACRES SCHEDULED FOR CONVERSION TO DESERT LANDSCAPE. 
Item 1G - 56 BARISTO
Item 1G - 57
Sect iioin #
1 2
3 4
5 I
Turf Airea (S.IF.)

1.16,,8'913
1911.,132.
'90,754
27,:226

1.,206
327,:212
Dormant 2.02.2
Dormant a rnd Coirnve rs:ioirn
D1ESERT HIGHLAIND PARK.

Turf Area (AC.) Dor1ma1nt Arrea (_ACJ Desert Coinv. (AC)

2.J58 OJ,191 I0.619

2..091 2.0 9

2..08 1 .14 1 .14

0.1153

0.03 7.51
0 .03,
424
I0.219
0 .03,

2.15 Overseed (AC)
1 .99
I0.94
0 .34
3 27
DESERT HIGHLAND PARK IS 10 ACRES IN SIZE WITH 7.51 ACRES OF TURF, OF WHICH

3.27 ACRES IS REQUESTED FOR OVERSEEDING. THE REMAINING 4.24 ACRES WILL GO DORMANT WITH 2.15 OF THOSE ACRES SCHEDULED FOR CONVERSION TO DESERT LANDSCAPE.

Item 1G - 58 DESERT HIGHLAND PARK
Item 1G - 59
T
2 DOG PARK IS 1.6 ACRES IN SIZE WITH .57 ACRES OF TURF. DUE TO THE USE AND PAST EXPERIENCES FORGOING RESEEDING ALL .57 ACRES IS REQUESTED FOR OVERSEEDING.

Item 1G - 60
- ' '
• ~~ ... I'
~ ,._ ......
' ~
111 ,..a, . .......~

DOG PARK
Item 1G - 61
RK
T 0 ersee ,

2. DOWNTOWN PARK IS 1.5 ACRES IN SIZE WITH .14 ACRES OF TURF. ALL .14 ACRES IS REQUESTED FOR OVERSEEDING.

Item 1G - 62 DOWNTOWN PARK
Item 1G - 63
Section #
1 2
3 4
.s
6i
I
Tun Area (S.F.J
Do rm ant 2.0 2..2.
24,1.51
8,741.
7,1'93

1.B,.5.51

7.59 1,'9.58,
6i1,3.S2.

FRANCES STEVENS PAR.IK
Tun Ar,ea (AC.J Dormant Ar,ea (A1C. J Des,ell't 1C0,nv. (A1C.J Over.s,eedi ng ,A1C.J o .. s.s O .01 0.0 1 0 .. 54

0. 20 0.0 8, 0.0 8, 0. 12

0. 17

0.43 0.0 2

0.04 1.41

0. 17

0.43 0.0 2

0.04 0.74

0. 17

0.0 8,

0.0 2

0.04 0.40
FRANCES STEVENS PARK IS 4 ACRES IN SIZE WITH 1.41 ACRES OF TURF, OF WHICH .66 ACRES IS REQUESTED FOR OVERSEEDING. THE REMAINING .74 ACRES WILL GO DORMANT WITH .4 OF THOSE ACRES SCHEDULED FOR CONVERSION TO DESERT LANDSCAPE.

Item 1G - 64 FRANCES STEVENS PARK
Item 1G - 65

RUTH HARDY PARK
Section# Turf Area (S.F.) Turf Area (AC.) Dormant Area (AC.) Desert Conv. (AC.) Overseed (AC.) 1 276,215 6.34 1.82 1.82 4 .52
2 25,550 0.59 0 .59 0 .59
3 4,451 0.10 0 .10 0 .10
4 195 ,964 4.50 1 .08 1.08 3.42
5 61 ,206 1.41 1 .41 0 .07
6 7,503 0 .17 0 .17 0 .17
7 24,409 0.56 0.56 0 .56
8 9,797 0.22 0 .22 0 .22
9 2,778 0 .06 0 .06 0 .06
I 607 ,874 13 .95 6 .01 4 .68 7 .94
Dormant 2022
-
Dormant an d Convers io n
RUTH HARDY PARK IS 22 ACRES IN SIZE WITH 13.95 ACRES OF TURF, OF WHICH 7.94 ACRES IS REQUESTED FOR OVERSEEDING. THE REMAINING 6.01 ACRES WILL GO DORMANT WITH 4.68 OF THOSE ACRES SCHEDULED FOR CONVERSION TO DESERT LANDSCAPE.

Item 1G - 66 RUTH HARDY PARK
Item 1G - 67
~ect ion # Turf Area (S.F.)
1 40,308
2 11,109
3 70,588
4 8,917
5 9,441
6 5,460
7 28,026
8 12,331
9 19,985
10 34,894
11 35,919
12 25,087
13 33,616
14 114,040
15 39,505
16 12,025
17 8,040
18 18,556
19 113,461
20 117,863
21 25,787
22 20,121
I 805,078
Dorma nt 2022
-
Dormant and Conv ersio n

SUNRISE PARK
Turf Area (AC.) Dormant Area (AC.)

0.93 0.93

0.26 1.62 1.62

0.20 0.20

0.22 0.01

0.13 0.13

0.64 0.64

0.28 0.28

0.46 0.46

0.80 0.80

0.82 0.82

0.58 0.77 0.47

2.62 0.91 0.91

0.28 0.18

0.43 0.43

2.60 2.71

0.59 0.59

0.46 0.46
18 .48 8.76
Desert Conv. (AC.) Overseed (AC.)

0.26 0.00

0.20 0.58

0.30 2.62

0.00 0.28

0.18 2.60

2.71 9.73
SUNRISE PARK IS 38 ACRES IN
SIZE WITH 18.48 ACRES OF TURF,
OF WHICH 9.73 ACRES IS
REQUESTED FOR OVERSEEDING.

THE REMAINING 8.76 ACRES
WILL GO.

Item 1G - 68 SUNRISE PARK
Item 1G - 69
Section#
1 2
3 I
Turf Area (S.IF.}
16i2,309 1
89 1
,7'9
1 2
4'9
1 ,287
301,388
Dorm a nt ZDZ2
- Dorm a nt and Co11ve rsio11
Vl1CTORIA PARK
Turf Area (AC.)
3 .73

2.06i
1 .. 13

6.92 !Dormant Area (AC.) Desert Conv (AC.)
2 . .5'91

1.96i
l.13

5.i68

1.90 0 .44
0 .37

2.71 Qrverseed (AC.)
l.14
0 .10
l.24
VICTORIA PARK IS 8 ACRES IN SIZE WITH 6.92 ACRES OF TURF, OF WHICH 1.24 ACRES IS REQUESTED FOR OVERSEEDING. THE REMAINING 5.68 ACRES WILL GO DORMANT WITH 2.71 OF THOSE ACRES SCHEDULED FOR CONVERSION TO DESERT LANDSCAPE. 
Item 1G - 70 VICTORIA PARK
The City of Palm Springs is requesting allowance to overseed 48% of its existing recreational park turf as outlined below.

City Park Existing Turf Convert Dormant Overseed
Baristo .60 .20 .30 .30
Desert Highland 7.51 2.15 4.24 3.27
Downtown .14 - - .14
Dog Park .57 - - .57
Frances
Stevens

1.41 .40 .74 .67
Ruth Hardy 13.95 4.68 6.01 7.94
Sunrise 18.48 - 8.76 9.73
Victoria 6.92 2.71 5.68 1.24
Total 49.58 10.13 25.73 23.85
Item 1G - 71
City Park 1st Start Time # of Start
Times
Between
Start Times
Last Start
Time
Length of Run
Time
Overseeding
Schedule
Baristo Park 6:00 AM 5 3 Hours 6:00 PM 1.5 Hours November Desert
Highland Park
5:00 AM 5 3 Hours 5:00 PM 2.5 Hours November
Dog Park 6:00 AM 5 3 Hours 6:00 PM 2 Hours November
Downtown
Park
6:00 AM 5 3 Hours 6:00 PM 1 Hour November
Frances
Stevens Park
6:00 AM 5 3 Hours 6:00 PM 1 Hour October
Ruth Hardy
Park
5:00 AM 5 3 Hours 5:00 PM 2.5 Hours October –
November
Sunrise Park 5:00 AM 5 3 Hours 5:00 PM 2.5 Hours November Stadium &
Cerritos
Fields
6:00 AM 5 3 Hours 6:00 PM 1 Hour November
Victoria Park 6:00 AM 5 3 Hours 6:00 PM 2 Hours November Rotors – 5 minutes; Fixed Sprays – 3 minutes
If accepted the City proposes the following Overseed Watering Session for the fall of 2022.

Item 1G - 72

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

City Clerk -

SUBJECT
ACCEPTANCE OF $55,405 IN GRANT FUNDING FROM THE CALIFORNIA

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) TO ADDRESS THE

SALES AND FURNISHING OF ALCOHOL TO MINORS AND TO FOCUS ON ABC

LICENSEE EDUCATION AND COMPLIANCE
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING A GRANT FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL IN THE AMOUNT OF $55,405 FOR ALCOHOL ENFORCEMENT.”

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

Attachments
Item 1H

CITY COUNCIL STAFF REPORT

DATE: S EPTEMBER 1, 2022 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF $55,405 IN GRANT FUNDING FROM THE

CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
(ABC) TO ADDRESS THE SALES AND FURNISHING OF ALOCHOL TO

MINORS AND TO FOCUS ON ABC LICENSEE EDUCATION AND

COMPLIANCE

FROM: Justin Clifton, City Manager

BY: Police Department

SUMMARY:

Staff is recommending City Council authorize the acceptance of $55,405 in California Department of Alcoholic Beverage Control (ABC) grant funding for the Police Department to utilize for Minor Decoy Programs, Shoulder Tap Programs, and for IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) programs designed to reduce the sales and furnishing of alcohol to minors and to provide education to ABC licensees operating within the City of Palm Springs.

RECOMMENDATION:

1. Adopt Resolution No._______, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING A GRANT FROM

THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL IN THE AMOUNT OF $55,405 FOR ALCOHOL ENFORCEMENT.”

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

STAFF ANALYSIS:

The City of Palm Springs has approximately 426 ABC -licensed establishments ; 50 licensed for the off sale of alcohol, and 376 businesses licensed for on-sale purchases.

Using ABC grant funds, the Palm Springs Police Department is committed to expanding upon its current effort in addressing alcohol -related criminal activity and alcohol use by minors. The Department will use these grant funds to reduce underage drinking and youth access to alcoholic beverages through the education of licensees and enforcement intervention. ABC grant funds would be used to implement several different creative approaches designed to impact alcohol -involved criminal activity and alcohol use by Item 1H - 1
minors including Shoulder Tap Operations, Minor Decoy Operations, and IMPACT Inspection Operations.

During the grant period, the Palm Springs Police Department will conduct four Minor Decoy Operations, four Shoulder Tap Operations, four IMPACT Operations, two Trap Door Operations, and six Party Patrol Operations. The Department will also host three TRACE trainings for sworn personnel and allied agencies Each operation will be conducted by one sergeant and three officers. The only grant -paid employees will be those Department police officers and sergeants who will be working approved grant - funded operations on an overtime basis. Members of the Department’s Police Explorer Program serve as minor decoys during operations that require them. The decoys are volunteers and will not be compensated using grant funds.

The Department will issue a media release to announce the start of the ABC grant program and to explain the goals and objectives of the program. After operations, media releases will be issued providing updates on the number of licensed businesses that sold to a minor decoy, the number that did not, and the number of adults arrested. The intent of the media releases is to publicize the actions taken to accomplish the grant objectives.

The Palm Springs Police Department is committed to the safety of our community and recognize the importance of alcohol -related enforcement and education. The total gr ant amount will be $55,405 and will be used by the Police Department to expand current efforts in reducing alcohol -related driving offenses by minors, to reduce alcohol use by minors and to educate alcohol retailers in the City of Palm Springs.

This grant period runs from July 1, 2022 through June 30, 2023.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 1B, Quality of Life – Reduce Crime.

FISCAL IMPACT:

The California Department of Alcohol Beverage Control will reimburse the City of Palm Springs for personnel costs and grant-related training expenses, not to exceed $55,405.

REVIEWED BY:

Department Director: Andrew G. Mills
City Manager: Justin Clifton

ATTACHMENTS:

A) ABC Grant Agreement
B) City Council Resolution
Item 1H - 2

“ATTACHMENT A”

Item 1H - 3

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACT

ING AGENCY NAME
Department of Alcoholic Beverage Control

CONTRACTORNAME
City of Palm Springs through the Palm SpringsPolice Department

2. The term of this Agreement is:

START DATE
July 1, 2022

THROUGHEND DATE
June 30, 2023

3. The maximum amount of this Agreement is:
$ 55,405.00 Fifty five thousand four hundred five dollarsand no cents

4. The partiesagree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title Pages
Exhibit A Scope of Work 2
Exhibit B Budget Detail and Payment Provisions 3
Exhibit C * General Terms and Conditions 4
+
- Exhibit D Special Terms and Conditions 1
+
-
Attachment
RFP RFPScope of Work 7
Itemsshown withanasterisk(*), arehereby incorporatedby referenceandmadepartof this agreementas if attachedhereto.

Thesedocumentscanbeviewedaht ttps://www.dgs.ca.gov/OLS/Resources INWITNESSWHEREOF,THISAGREEMENTHASBEENEXECUTEDBYTHEPARTIESHERETO.

CONTRACTOR
CONTRACTORNAME (if other than an individual, state whether a corporation, partnership, etc.) City of Palm Springs through the Palm SpringsPolice Department

CONTRACTORBUSINESS ADDRESS
3200 E. Tahquitz Canyon Way
CITY
Palm Springs
STATE
CA
ZIP
92262

PRINTED NAMEOFPERSONSIGNING
Justin Clifton
TITLE
City Manager

CONTRACTORAUTHORIZED SIGNATURE DATESIGNED
Item 1H - 4
-
I I

STATE OFCALIFORNIA

CONTRACTING AGENCY NAME
Department of Alcoholic Beverage Control

CONTRACTING AGENCY ADDRESS
3927 Lennane Drive, Suite 100
CITY
Sacramento
STATE
CA
ZIP
95834

PRINTED NAMEOFPERSONSIGNING
Pattye Baker
TITLE
Chief, Business Management Branch

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATESIGNED
CALIFORNIA DEPARTMENT OFGENERALSERVICESAPPROVAL EXEMPTION (If Applicable)

Item 1H - 5

EXHIBIT A

SCOPE OF WORK
I. S COPE OF WORK
• Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets.
• C ontrac
tor agrees to implement ABC’s Minor Decoy, Shoulder Tap Programs and conduc t Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections. These Programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drink ing and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals:

1. The oper ation pe
riod of the grant is July 1, 2022 through June 30, 2023.

2. C ontrac
tor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.

3. M inor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contrac
tor agrees to conduct Minor Decoy Operations at both
“On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant.

4. S houlder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contr
actor agrees to conduct Shoulder Tap Operations at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant.

5. I nformed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensee’s on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contr
actor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.

II. GOALS AND OBJECTIVES

1. Conduct at least four (4) Minor Decoy operati
ons.

2. C onduct at least four (4) Shoulder Tap operations.

3. C onduct at least four (4) IMPACT operations.

4. C onduct at least two (2) Trap Door operations.

Item 1H - 6

5. Con
duct at least six (6) Party Patrol operations.

6. H os
t three (3) TRACE trainings for sworn personnel and allied agencies.

7. P ro
vide at least two (2) press releases on grant enforcement activities.

A. To announc
e the start of the program;
B. At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C. At the conclusion of each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy).

8. C ontr a
ctor will fax (916) 419-2599 or email each press release to the Department’s Public Information Officer ([email protected]) as soon as it is released.

9. Contrac
tor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Alcohol Policing Partnership.”
Con tracto
r agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15th of the following month.

III.

PROJECT REPRESENTATIVES
The project representatives during the term of this agreement will be:

Palm Springs Police Department
Frank Guarino, Sergeant
200 S. Civic Drive
Palm Springs, CA 92262
(760) 416-5729
[email protected]
Department of Alcoholic Beverage Control
Brandon Shotwell, Supervising Agent in Charge
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2329
[email protected]
Direct all f
iscal inquiries to:

Palm Springs Police Department
Nancy Pauley, Finance Director
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 322-8221
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2572
[email protected]
Item 1H - 7

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS
I. INVOICIN G AND PAYMENT
• For serv
ices satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs. • In v oices s
hall clearly reference this contract number (22-APP16) and must not exceed the contract total authorized amount of $55,405.00. Invoices are to be submitted by the 15th of every month, on the prescribed form designed by the Department of Alcoholic Beverage Control.

Submi t to
: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, California 95834
• Pay m ent shall
be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101-3036, Budget Act, Statues of 2022.
• C o ntractor u
nderstands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2022 and on or before the project termination date, June 30, 2023. • R evisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged. • C ontractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor.
• O nly the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the pe rformance of this
agreement are the sole responsibility of Contractor.
• T itle shall be reserved to the State for any State-furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs. • P rior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made avai lable for distribution.

Contractor is required to acknowledge the support of the State whenever publicizing the work under this grant in any media.

Item 1H - 8
II. B

UDGET DETAIL

COST CATEGORY TOTAL COST
A. Personnel Services
Straight Time
Sergeant (48 hours @ $66.31/hour) $3,183.00
Overtime
Sergeant (144 hours @ $99.47/hour) $14,324.00
Officers (462 hours @ $76.62/hour) $35,398.00
Benefits (n/a) $0.00
TOTAL Personnel $52,905.00
B. Operating Expenses (receipts required)
n/a $0.00
TOTAL Operating $0.00
C. Equipment (receipts required, must be purchased by 12/31) n/a $0.00
TOTAL Equipment $0.00
D. Travel Costs
Registration, per diem, lodging, incidentals $2,500.00
TOTAL Travel $2,500.00
GRANT TOTAL $55,405.00
Item 1H - 9
III. BUDGET

CONTINGENCY CLAUSE
• It is mu
tually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
• If funding
for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

IV. PROMPT PAYMENT CLAUSE
• Payment
will be made in accordance with, and within the time specified in, Government Code Chapter

4.5, commencing with Section 927.

Item 1H - 10
EXHI
BIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

Item 1H - 11

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal.

Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours
, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.)

Contr
actor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the C ontractor shall comply with the requirements of the Government Codes Sections set out below.

Item 1H - 12
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights , title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

Item 1H - 13

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Item 1H - 14

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Dis
putes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Sta
te a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.

2. C an
cellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other par ty. Such
notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No pe nalty shall accrue to either party because of contract termination.

3. C on
tract Validity: This contract is valid and enforceable only if adequate funds are appropriated
in Item 2100-101-3036, Budget Act of 2022, for the purposes of this program.

4. C on
tractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page -Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

5. If
the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.

Item 1H - 15
Item 1H - 16

STATE OF CALIFORNIA
Department of Alcoholic Beverage Control
Alcohol Policing Partnership Program

PROPOSAL COVER SHEET
(TO BE COMPL ETED BY APPLICANT AGENCY)

1. Name of Applicant Agency: Palm Springs Police Department

2. Description of Applicant Agency: Provide your city or county jurisdiction, and include population data, relevant demographic, and socio-economic characteristics of the community .

The City of Palm Springs is incorporated within Riverside County. It covers over 94 square miles, making it the largest city in the county by land area. The full-time population of Palm Springs is approximately 45,000 but that number triples during several of the winter months as residents migrate here part-time from cooler climates. The racial demographics are about 61 % white, 21 % Hispanic , 5% Asian, 4% African American, and 9% other races and the median household income is approximately $54,000. The city is a resort destination noted for its inclusive approach to diversity and equity.

3. Number of licenses in Project Area: 310 14. Tax ID: 95-6000757

5. Funds Requested: $55,405 · 6. Project Period: July l , 2022 - June 30, 2023

7. Acceptance of Conditions: By submitting this proposal, the applicant signifies acceptance of the responsibility to comply with off requirements stated in the Request for Proposals. The applicant understands tha1 ABC is not obligated to fund the project until the applicant submits correctly completed documents required for the contract.

A. Project Director B. Chief of Police or Sheriff
Person Having Day-To-Day Responsibility for the Project Authorizing Official Name : Frank Guarino Name: Andrew Mills
Address: 200 South Civic Drive, Palm Springs, Address : 200 South Civic Drive, Palm Springs, CA, 92262 CA, 92262
Phone : 760-416 -5729 Phone : 760-323-8126
Emai l Address: Frank [email protected] Emai l Address : Andrew.Mi lls@pa lmsprin gsca.gov Title : Police Sergeant Title: Police Chief
Signature: Frank Guarino
Digitally signed by Frank Guarino
Signature: Andrew G. Millls
Digitally signed by Andrew G. Millis
Date: 2022.03.3110:16:57 -07"00" Dale: 2022 .03.31 10:16 :44 -07'00" C. Fiscal or Accounting Official D. ABC USE ONLY
Name: Nancy Pauley
Address: 3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Phone: 760-322-8221
Email Address: [email protected]
Title: Finance Director
Signature: Nancy Pauley Digitally signed by Nancy Pauley Date: 2022.03.31 10:17:10 -07'00"
Item 1H - 17

SCOPE OF WORK
Summary
Agency Description-
The City of Palm Springs is a desert resort city that was incorporated in Riverside County in 1938. The city covers over 94 square miles, making it the largest city in the county by land area. The full-time population of Palm Springs is approximately 45,000 but that number triples during several of the winter months as part-time residents migrate here from their full-time homes in cooler climates . The racial demographics are approximately 61% white , 21% Hispanic, 5% Asian, 4% African American, and 9% other races and the median household income is approximately $54 ,000. The city has over five million annual visitors, a downtown entertainment district , and serves as host to visitors of many large scale special events and concerts, held locally each year. A council-manager type government , consisting of five elected council members and a City Manager govern the city. Palm Springs is considered a " full-service" city as it has its own Police Department , Fire Department , International Airport , Parks and Recreation Department , Public Library , and many other city provided services. The Police Department is allocated 104 sworn personnel with 168 total employees.

Funding Requested-
PSPD is requesting funding in the amount of $55,405 through the Alcohol Policing Partnership (APP) in order to assist us in combating the problem of alcohol-related criminal activity , reduce alcohol involved traffic collisions, and reduce alcohol use by minors.

Number of ABC Licensed Locations-
The City of Palm Springs has 48 off-sale and 262 on-sale ABC licensees within its jurisdiction .

Project Personnel
- There are currently 104 full-time Peace Officer positions allotted to the Police Department. - The full-time Peace Officer positions consist of (1) Police Chief, (2) Police Captains, (5) Police Lieutenants, (16) Police Sergeants, (80) Police Officers. There are 64 allocated civilian staff positions consisting of Dispatchers , Community Services Officers, Police Records Staff, Animal Control Staff, Code Compliance Staff, Transport Officers, and other support staff. - The Downtown Community Policing Unit of the Operations Division will be responsible for the grant. - Sergeant Frank Guarino , the current Downtown Community Policing Sergeant and various Police Officers, based on assignment s and schedules, will be involved in carrying out the grant objectives. - See the attached annual budget documentation to substantiate the project personnel required to carry out the grant objectives.

Item 1H - 18

SCOPE OF WORK
Problem Statement
The primary area to be served within this proposal is the downtown entertainment district within the City of Palm Springs as this area has the highest concentration of ABC licensees.

We have identified specific issues related to patrons of several ABC licensees in this area immediately before and/or immediately after closing time that have resulted in physical disturbances within the locations. The bulk of the disturbances occur outside of the locations as the patrons make their way to nearby parking structures or as they wait for rides. Many of these disturbances have resulted in physical fights, while others have unfortunately led to weapons related violence. In 2021, the Police Department had over 400 calls for service associated with these locations and patrol personnel have to frequent these locations at bar closing times to respond to and/or mitigate the amount of disturbances.

There are specific community concerns related to the safety of patrons leaving these establishments.

A high rate of alcohol involved traffic collisions is another major community concern. Between 2017 and 2019 , Palm Springs was consistently in the top of 10 worst cities for alcohol involved injury or fatal traffic collisions compared to other similar sized cities within the state. While the statistics for 2020 and 2021 have not been released by the Office of Traffic Safety, these rates have remained steady to date. PSPD was also in the top three worst cities with alcohol related collisions involving minors in 2017 and 2019.

The factors contributing to these issues are the over-serving of alcohol to patrons , a lack of focused enforcement and compliance, underage drinking.a lack of licensee education, and an overall lack of responsibility by these establishments in reducing alcohol related harm to the community .

Project Description section 1 of 3
Goal and Objective #1-
Reduce Alcohol Related Disturbances in and around the downtown entertainment district.

Measurable Outcome- A reduction of calls for service associated with disturbances and violent crimes in and around ABC licensees in the downtown entertainment district of Palm Springs during project period.

Desired Outcome- A 25% reduction of calls for service associated with disturbances and violent crimes in and around ABC licensees in the downtown entertainment district by the end of project period.

PSPD receives calls for service related to verbal disturbances, physical fights, and weapons related crimes immediately before and/or immediately after bar closing in and around several ABC licensed establishments in the downtown entertainment district. PSPD makes hundreds of alcohol related arrests each year that are prosecuted by the Riverside County District Attorney's Office. These issues are an important concern for both the community , the ABC licensees, and the Police Department.

PSPD will utilize overtime personnel dedicated to IMPACT teams to condu ct four IMPACT inspections , advisements , and follow-up visits at identified problematic licensed outlets during the rating period. The teams will remind licensees of their responsibilities and accountability associated with the sale of alcohol and conduct compliance inspections. While the focus will be to educate licensees, the teams will take enforcement action of any major violations. About 20 days later, the teams will conduct follow -up visits to see if any identified problems have been corrected.

Item 1H - 19

SCOPE OF WORK
Project Description section 2 of 3
The operational period for each of the four IMPACT inspections and four follow-up operations will be 6 hours long. There will be one Police Sergeant and three Police Officers assigned to each operation and follow-up.

PSPD will utilize dedicated personnel on overtime and PSPD Explorers under 20 years of age to conduct four Minor Decoy operations at licensed ABC establishments within the downtown entertainment district .

The Minor Decoy operations will be used to check whether licensees are selling alcohol to minors in an effort to reduce underage alcohol sales and consumption. The operational period for each of the four Minor Decoy operations will be 6 hours long. There will be one Police Sergeant and three Police Officers assigned on overtime to each operation.

PSPD will conduct two Trap Door operations at identified bars and nightclubs within the downtown entertainment district. The purpose of these operations will be to target minors who are either trying to purchase alcohol or trying to enter the bars or nightclubs. PSPD will utilize one Police Sergeant and three Police Officers to work with employees at licensed premises to detect and then cite minors trying to use false identification. The operational period for the two Trap Door operations will be four hours and overtime will be utilized.

PSPD will evaluate each of the operations at the conclusion of each operation for overall effectiveness and will utilize ABC enforcement, education, and compliance strategies that target the illegal purchasing and unlawful consumption of alcohol. PSPD will report all violations and concerns to the local ABC office when applicable. PSPD will forward all arrest related reports to the District Attorney's Office for prosecution.

Goal and Objective #2-
Reduce Alcohol Involved Injury or Fatal Traffic Collisions citywide.

Measured Outcome- A reduction in alcohol involved injury or fatal traffic collisions citywide during project period.

Desired Outcome- A 25% reduction in alcohol involved injury or fatal traffic collisions citywide during project period.

The City of Palm Springs was on average within the top ten for the highest amount of alcohol involved injury or fatal traffic collisions between 2017 and 2019 compared to similar size cities in the state. PSPD was in the top three for the highest amount of alcohol involved injury or fatal traffic collision involving minors in 2017 and 2019 compared to similar size cities in the state. This is a major concern for the community, the Police Department, and for the victims of these accidents.

PSPD will conduct four "Shoulder Tap" operations outside of randomly selected ABC licensed stores. A minor decoy, under the direct supervision of assigned law enforcement personnel, will be utilized to solicit adults to purchase and furnish them with alcoholic beverages. The operation period for each of the four" Shoulder Tap" operations will be four hours long. One Police Sergeant and three Police Officers will be utilized on overtime for each operation. Any person seen furnishing alcohol to the minor decoy will be arrested for furnishing alcohol to a minor. All cases will be forwarded to the District Attorney's Office for prosecution.

Item 1H - 20

SCOPE OF WORK
Project Description section 3 of 3
The City of Palm Springs has thousands of hotel rooms and vacation rental homes that are home to many guests during many special events and large scale concerts. As a result, there are multiple parties at these locations during these events that involve alcohol consumption. PSPD will conduct six (6)"Party Patrol" operations during identified special events and holiday weekends . The "Party Patrol" operations will be focused on the overconsumption of alcohol , underage drinking, and driving while intoxicated. The" Party Patrol" operations will be focused on special event locations. One Police Sergeant and three Police Officers will be working uniformed patrol in marked police vehicles to respond to these locations for calls for service, educate attendees, enforce alcohol related laws, and to mitigate driving while impaired . The operational periods will be eight (8) hours long during each "Party Patrol" operation.

PSPD has a newly updated training center with three classrooms. PSPD will host three Target Responsibility for Alcohol Connected Emergencies (TRACE) training for sworn personnel and allied agencies. PSPD will utilize a Police Officer on overtime to facilitate each training session with ABC.

PSPD will utilize a Police Sergeant to complete all required grant reporting documen tation . This will require 24 hours of straight time pay.

PSPD will send two sworn Police Officers to the APP Conference, if it is held, to gain further knowledge of ABC related investigations and programs.

PSPD will conduct Department wide briefing training on ABC related laws, programs , and education each quarter during the project period incorporating personnel from the District Attorney's Office.

Goal and Objective #3-
1 ncrease ABC Program Awareness via social media , community meetings , and established local media .

Measured Outcome- Increased licensee and public awareness on how to responsibly serve and consume alcoholic beverages .

Desired Outcome- Schedule alcohol education and enforcement social media posts monthly , attend downtown merchant meetings monthly to promote the ABC grant project , and host an interview session at PSPD with local media, licensees , and involved Police Department staff .

PSPD will utilize social media platforms and established local media to regularly publicize all ABC related operations, information and the requirements of the ABC Responsible Beverage Service Training Program , positive results from the grant project when applicable , and licensee education programs via social media platforms , at local downtown merchant meetings, at hotel general manager meetings , and with established local news media personnel.

PSPD will use personnel on straight time , at least 12 times per year to coordinate and publicize , ABC grant program activities and education stories via various social media platforms.

The information provided to licensees and the public will increase awareness on the importance of responsible serving and consuming in an effort to reduce alcohol related harm to the community .

Item 1H - 21

ALCOHOL POLICING PARTNERSHIP GRANT

PROPOSAL BUDGET DETAIL
A. Personnel Services
Salaries
Classifica tion/Positions
1 I Police Sergeant/ Grant Reporting
2 ::================: 3
Overtime
Classification/Positions
1 I Police Sergeant/ Grant Program Operations
2 I Police Officer / Grant Program Operations
31 Police Officer/ Grant Program Operations
4 I Police Officer/ Grant Program Operations
sl Police Officer/ TRACE Training Coordinator
6 2
Benefits
Classification/Positions
:::============== ~
3 4
5 B. Operatin g Expenses and Equipment
Operat ing Expenses *
Description
ii ~=============~ 2
'--- ------------------• maximum of $2.500.00
Equipment*
Description
2 ::================:
3 • maximum of $2,500.00
C. Travel Expenses *
Descripti on
Computation
48 Estimated Total Hours@ $66.31 Per Hour

SUBTOTAL
Com utation
144 Estimated Total Hours@ S99.47 Per Hour
I 144 Est. Tot. Hrs@$76.62 Per Hour i
I 144 Estimated Total Hours@ $76.62 Per Hour
1144 Estimated Total Hours@ $76.62 Per Hour
130 Estimated Total Hours@ $76.62 Per Hour

SUBTOTAL
Computa tion

SUBTOTAL
Computa tion

SUBTOTAL
Computation

SUBTOTAL
Computation
I Registration fee for July APP Conference, two attendees 2 Travel, per diem, and lodging for July APP Conference I I (2) attendees at $325 each
I J (2) attendees at $925 each
3 4
I
I
• APP Conference only. All travel canno t exceed current stole roles

SUBTOTAL

GRANT TOTAL
Total Cost
$3,182.881
$3,182.88 1
Total Cost
$ 14,323.681
$ 11,033.281
$ 11,033.28 I
$ 11,033.281
$2,298.60 1
$49 ,722.121
Total Cost
$ 0.001
Total Cost
$ o.ool
Total Cost
$ o.ool
Total Cost
$ 650.ool
$1 ,850.001
$2,500.001
$ ss,4os.ool
Item 1H - 22

OTHER FUNDING SOURCES
Complete the following to report the total funds available to support the activities related to accomplishing the goals and objectives of the contract. In the "Grant Funds" column, report the ABC funds requested by category. In the "Other Funds" column, report all other funds available to support the project by category (if none, leave blank). Then calculate the totals by category in the "Program Total" column . Total each column down to arrive at the total program funds available.

Note: Round all budget amounts to the nearest dollar-no cents.

Budget Category Grant Funds Other Funds Program Total
A. Personnel Services 52,905.00 3,500 .0C 56,405 .00
B. Operating Expense 3,500.00 3,500.00
C. Travel/Registration Fees 2,500.00 2,500.00
D. Equipment 6,500 .0C 6,500.00
TOTALS $55,405 .00 $13,500 .00 $68 ,905.00
This form does not become part of the contract but is required in the Request for Proposal package .

“ATTACHMENT B”

Item 1H - 23
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, ACCEPTING A GRANT

FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL IN THE AMOUNT OF $55,405 FOR

ALCOHOL ENFORCEMENT

WHEREAS, the City of Palm Springs desires to undertake a certain project to address the sales and furnishing of alcohol to minors and to focus on ABC licensee education and compliance, funded by a grant administered by the California Department of Alcoholic Beverage Control and the Office of Traffic Safety.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1.

T hat the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Accept a grant from the California Department of Alcoholic Beverage Control in the amount of $55,405 for alcohol enforcement.

SECTION 3. Authorize the City Manager to execute all necessary documents relating to the acceptance of the grant, including any extension or amendments thereof and any subsequent contract with the State in relation thereto.

SECTION 4. The grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

SECTION 5. The grant award is not subject to local hiring freezes.

ADOPTED THIS 1st DAY OF SEPTEMBER, 2022.

JUSTIN CLIFTON

CITY MANAGER

ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 1H - 24

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, Monique M. Lomeli, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on ___ ____________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK

Item 1H - 25

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

City Clerk -

SUBJECT

APPROVAL OF COOPERATIVE PURCHASE OF COMPUTER EQUIPMENT FROM DELL, INC.

RECOMMENDATION:

Authorize an agreement for the utilization of the WSCA/NASPO cooperative under Minnesota Master Agreement No. MNWNC-108 and the California Participating Addendum (California Participating Addendum No. 7-15-70-34-003) for the purchase of computer equipment from Dell, Inc., in an amount not to exceed $2,500,000 for the five-year period between September 1, 2022, and August 31, 2027.

Attachments
Item 1I

CITY COUNCIL STAFF REPORT
DAT
E: SEPTEMBER 1, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF COOPERATIVE PURCHASE OF COMPUTER
EQUIPMENT FROM DELL, INC.

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

Th
is action will approve an agreement to authorize utilization of the WSCA/NASPO cooperative for the purchase of computer equipment from Dell, Inc.

RECOMMENDATION:
1) Aut
horize an agreement for the utilization of the WSCA/NASPO cooperative under Minnesota Master Agreement No. MNWNC -108 and the California Participating Addendum (California Participating Addendum No. 7- 15-70-34-003) for the purchase of computer equipment from Dell, Inc., in an amount not to exceed $2,500,000 for the five-year period between September 1, 2022 and August 31, 2027.

BUSINESS PRINCIPAL DISCLOSURE:

Del
l is a publicly traded company listed in the New York Stock Exchange (NYSE) under the symbol DELL with 274 million shares outstanding with a Board of Directors , as outlined in the Public Integrity Disclosure included as Attachment A.

BACKGROUND:

The N
ational Association of State Procurement Officials (NASPO), previously known as “Western States Cooperative Association (WSCA)”, competitively awarded an agreement for “Computer Equipment, Peripherals & Related Services ” that allows participating agencies to utilize the cooperative purchase agreement, Minnesota Master Agreement No. MNWNC-108. The State of California has entered into a Participating Addendum, allowing California political subdivisions and local governments to make purchases under the WSCA/NASPO cooperative purchase agreement through California Participating Addendum No. 7-15-70-34-003. Dell is identified as a vendor under the WSCA/NASPO Item 1I - 1
City Council Staff Report
September 1, 2022-- Page 2
Approval of Agreement to Purchase Computer Equipment from Dell, Inc. agreement and has been used by the City as the sole provider of desktops, servers, and storage since at least 2007.

STAFF ANALYSIS:

Due t
o the complexity of the City environments, staff has standardized its procurement, configuration, deployment, and support processes around a single supplier for computer and other IT systems . Standardization of equipment allows efficient support of the over one thousand systems in use within the City. This approach leads to cost savings as staff become familiar with systems and creates opportunities to streamline deployment of resources. Staff desires to formally standardize the usage of Dell Computers, purchased directly from Dell, for all desktop, laptop, server, and storage systems.

The City budgets $500,000 annually for the procurement of IT resources from our IT Internal Service Fund. These charges represent the cost for replacement of desktop, laptop, server, and storage systems . System purchases from Dell are included in this budget, however special project purchases from Dell will be presented to Council for separate approval as they occur.

Staff is recommending City Council authorize an agreement for the utilization of the WSCA/NASPO cooperative under Minnesota Master Agreement No. MNWNC -108 and the California Participating Addendum (California Participating Addendum No. 7- 15-70- 34-003) for the purchase of computer equipment from Dell, Inc., in an amount no t to exceed $2,500,000 for the five-year period between September 1, 2022 and August 31, 2027 ($500,00 per year).

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 Account 5701025-60005 and will be budgeted in future fiscal years.

Item 1I - 2
City Council Staff Report
September 1, 2022-- Page 3
Approval of Agreement to Purchase Computer Equipment from Dell, Inc.

REVIEWED BY:

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

A. Bus
iness Disclosure Form
B. Adoption Agreement
C. WSCA -NASPO Cooperative Purchasing Agreement
Item 1I - 3
ATT

ACHMENT A
Item 1I - 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 per son, 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
Item 1I - 5
I 7
-
-
-
Dell Marketing L.P.

One Dell Way, Round Rock, TX 78682.

One Dell Way, Round Rock, TX 78682. T
Partnership
Information about Dell and its executive leadership team can be found online at: http://www.dell.com/learn/us/en/uscorp1/about-dell-leadership?c=us&l=en&s=corp ✔
Texas
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] [per cen tage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [per cen tage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [per cen tage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [per cen tage 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 Item 1I - 6
*** "Dell Marketing LP is owned 99% by Dell Marketing LP LLC and 1% by Dell Marketing GP LLC.

Dell MarketingCorporation owns both of these entities 100%.

The address of both of these entities is One Dell Way, Round Rock, TX 78682." ***
Heidell Del Rio
Analyst, Sales Operations
8/24/2022
*To the best of my knowledge and belief.

ATT

ACHMENT B
Item 1I - 7
Dell Customer Communication - Confidential
Adoption Agreement
By and Between City of Palm Springs, CA
and Dell Marketing L.P.

Utilization of the
WSCA-NASPO Cooperative Purchasing Organization
Agreement Number: A9194
This Adoption Agreement (“Adopting Agreement”) is made between the City of Palm Springs, a California charter city and municipal corporation located in the County of Riverside, State of California (hereinafter referred to as the “CITY”); and Dell Marketing L.P. (“DELL”) with offices at One Dell Way, Round Rock, Texas 78682 (collectively, the “Parties”).

For Mutual and Valuable Consideration, the City and DELL agree to utilize the terms and conditions of the NASPO Cooperative Purchasing Organization, Agreement Number MNWNC-108 / 7-15-70-34-003, Dell Contract Code C000000181156, the underlying agreement (“NASPO Agreement”). Pricing Discount Structure is attached in Exhibit A.

1.0 This Adoption Agreement shall become effective as of the date last signed below and will renew conterminously with the NASPO Agreement until cancelled in accordance with the underlying agreement.

2.0 No other terms and conditions shall apply without mutual agreement including any preprinted terms on invoices or purchase orders.

3.0 All notices required pursuant to the Adoption Agreement shall be in writing and sent by certified mail, return receipt requested and email.

4.0 The term of this Adoption Agreement begins September 1, 2022 and ends August 31, 2027.

5.0 The total value of this Adoption Agreement over the five-year period shall not to exceed $2,500,000.

To the CITY: To DELL:

TO: City of Palm Springs
Attn: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Dell Marketing L.P. (“Dell”)
One Dell Way
Round Rock, Texas 78682
Legal N
otices:

[email protected]
Item 1I - 8

Dell Customer Communication - Confidential
Signatures on next page.

IN WITNESS WHEREOF, DELL has executed this Adoption Agreement, and the CITY, by its CITY Manager, who is authorized to do so, has executed this Adoption Agreement.

Dell Marketing L.P.

Dated:___________________ By _________________________

Title________________________

CITY OF Palm Springs

Dated: By

CITY Manager

Attest:______________________________

CITY Clerk

Approved as to Form and Procedure:

CITY Attorney

August 19, 2022
Carina Clifford, Contract Administrator
Item 1I - 9
By Liz Killmer at 8:51 am, Aug 19, 2022

Dell Customer Communication - Confidential

Exhibit A

NASPO MNWNC-108 Product Discounts
LOB / Product Category Description Discount
Category
Offline
Discount
Online
Discount
Desktop; Laptop; Server; Storage A 15.5% 16%
Toner F 1.5% 2%
Value Latitude, OptiPlex, Workstations, Selected Products H 4% 4.5% Third Party Products - (Applicable in all bands) M 5.5% 6% Selected Service on Poweredge Departmental Servers; Directline Service; 4-Hr On-Site Critical Care Plus; Business Care Plus On-Site Service (all years)
O 13.3% 13.5%
On-Site - Next Business Day On-Site (extended yrs), Critical Care On- Site Services (all yrs), other services R 0.5% 1%
Selected Promo Offers; Inspiron; Selected Latitude; SC PowerEdge; Selected Dell I EMC; Dell Branded Peripherals/Imaging;
PowerConnect; Axim; Projector; Printer
S 2.5% 3%
Spare Parts; selected Dimension Brand U 0.5% 1%
Spare Parts; selected Dimension Brand W 0.5% 1%
Spare Parts; selected Dimension Brand X 0.5% 1%
Spare Parts; selected Dimension Brand; On-Site - Next Business Day On-Site (extended yrs), Critical Care On-Site Services (all yrs), other services
Z 0.5% 1%
On-Site - Next Business Day On-Site (extended yrs), Critical Care On- Site Services (all yrs), other services Z1 0.5% 1%
On-Site - Next Business Day On-Site (extended yrs), Critical Care On- Site Services (all yrs), other services ZS 0.5% 1%

Item 1I - 10
ATT

ACHMENT C
Item 1I - 11
Item 1I - 12
• DEPARTMENT OF ADMINISTRATION

STATE OF MINNESOTA
Materials Management Division
112 Administration Building
50 Sherburne Avenue
St. Paul, MN 55155
Voice: 651.296.2600
Fax: 651.297.3996

COOPERATIVE PURCHASING

ORGANIZATION

MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD
WITH
DELL MARKETING, L.P.

FOR
COMPUTER EQUIPMENT: (Desktops, Laptops, Tablets, Servers and Storage including Related Peripherals & Services)
To: Dell Marketing L. P. . __ ,,..; CONTRACT NO:

One Dell Way I e;-rr -
Mailstop 8TOi' fLl'l.l-3.3 ~~-- ::,,-ju./'~
Round Rock, TX 78682 /.?;,:? .1/.rJ✓ICONTRACT PERIOD:

Contract Vendor Administrator: Diane
Wigington
Email: Diane· [email protected]
Phone: (512) 728-4805 THROUGH
EXTENSION OPTION:

MNWNC-108
April 1, 2015, or upon final
executed signatures,
whichever is. later
March 31, 2017
UP TO 36 MONTHS
You are hereby notified that your response to our solicitation, which opened January 31, 2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the State: • 1. A Participating Entity's Participating Addendum ("PA") A Participating Entity's Participating Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement.; 2. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms and Conditions); 3; The Solicitation; and4. the Contract Vendor's response to the Solicitation. These documents shaH be read tq be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above.

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby.

1. DELL MARKETING L. P.

By:

Title:

By:
.iitle•
Date:

2. MINNESOTA MATERIALS MANAGEMENT DIVISION
By:

Title:

Date:

3. MINNESOTA COMMISSIONER OF ADMINISTRATION
By:

Date:

Or delegated representative.
. Original signed
MAR O 3 2015
By Lucas J. Jannett
1 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

Item 1I - 13
fnn,sata

COMPUTER EQUIPMENT
2014-2019

MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD

TABLE OF CONTENTS
TABLE OF CONTENTS ................... , ................................................................................................................................... 2 SUMMARY .......................................................................................................................................................................... 3 EXHIBIT A - TERMS & CONDITIONS ................................................................................................................................ 5 EXHIBIT B -·PRICING ......................................................................................................................................................... 24 EXHIBIT B - PRICI.NG SCHEDULE .....................•........................................................................ , ................................... 26 EXHIBIT C - PRODUCT AND SERVICE SCHEDULE (PSS). .......................................................................................... 27 EXHIBIT D -.WEBSITE .................................................... , .................................................................................................. 28 EXHIBIT E-ACTION REQUEST UPDATE FORM (ARF) ................................................................................................ 29 EXHIBIT F- REPORTING ................................................................................................................................................... 31 EXHIBIT G·- DEFINITIONS .............................................................................................................................................. ,32 2 CONTRACT NO. MNWNC•108 MASTER AGREEMENT AWARD. COMPUTER EQUIPMENT DELL MARKETING L. P.

Item 1I - 14
jJ;;J;,,ata
DEPARTMENt OF ADM/1'1/STRATION
COMPUTER EQUIPMENT•
2014-2019

COOPERATIVE PURCHASING

ORGANIZATION

MINNESOTA WSCA--NASPO MASTER AGREEMENT AWARD

SUMMARY

1. BACKGROUND. The State of Minnesota, Department of Administration, Materials Management Division publicly posted a Request for Proposal on behalf of the State of Minnesota and WSCA-NASPO Cooperative Procu.rement Program ("WSCA-NASPO") resulting in a MasterAgreementAward, After evaluation by a multi-state sourcing team the solicitation resulted in this Minnesota WSCA-NASPO Master Agreements with qualified manufacturers for:

Computer Equipment (Desktops, Laptops, Tablets, Servers, and Storage including related Peripherals & Services. ··
The original solicitation contains the requirements and definitions establishing the following Product Bands allowed on the Master Agreement The configuration limits and restrictions for this Master Agreement are provided below.

Participating Entities may revise these in their Participating Addendum. Bands awarded are identified below:

Band 1 : Desktop
Band 2: Laptop
Band 3: Tablet
Band 4: Server
Band 5: Storage
The o~iginal solicitation included Band 6: Ruggedized. This band has been removed and ruggedized equipment will be allowed in Bands 1-5. The original soHcitation and responses may be found on the WSCA-NASPO Website ..

2. EFFECTIVE DATE: The Master Agreement contract term will begin on April 1, 2015, or upon final executed signatures, whichever is later, through March 31, 2017 with the option to extend up to 36 months, upon agreement by both parties. Contract Sales may not begin until the Website, Productand Service Schedule and third party products have been approved by the Master Agreement Administrator.

3. PARTICIPATION. All authorized governmental entities in any State are welcome to use the resulting Master Agreements through WSCA-NASPO with the approval of the State Chief Procurement Official. Contract Vendors are able to sign Participating Addendums (PA) at the option of Participating States. Participating States reserve the right to add State specific terms and conditions and modify the scope of the contract in their Participating Addendum as allowed by the Master Agreement.

4. CONFIGURATION DOLLAR LIMITS. The following configuration limits apply to the Master Agreement. Participating States may define their configuration limits in their participating addendum. The Participating State's Chief Procurement Official may increase or decrease the configuration limits, as defined in their Participating Addendum.

The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule.

The dollar limits identified below are based on a SINGLE computer configuration. This is NOT a restriction on the purchase of multiple configurations (e.g. an entity could purchase 10 laptops@ $10,000 for a total purchase price of $100,000). .

ITEM CONFIGURATION*
Server $500;000
Storage $500,000
Desktops $ 10,000
Laptops $ 10,000
Tablets $ 5,000
Peripherals $ 5,000
Services Addressed by each State in participating addendum * Configuration is defined as the combination of hardware and software components that make up the total functioning system. Software purchases are considered a part of the configuration limit of the equipment. 3 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

Item 1I - 15

5. RESTRICTIONS. The following restrictions apply to the Master Agreement. A Participating State may set further restrictions of products in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. a. Software

1. Software is restricted to operating systems and commercial off-the-shelf (COTS) software and is subject to equipment configuration limits. ·

2. Software is an option which must be related to the procurement of equipment.

3. Software must be pre-loaded or provided as an electronic link with the initial purchase of equipment.

4. Software such as middleware which is not always installed on the equipment, but is related to storage and server equipment(Band 4&5) purchased, is allowed and may be procured after the lriitial purchase of equipment. ·
b. Services

1. Services must be related to the procurement of equipment.

2. Service limits will be addressed by each State.

3. Wireless phone and internet service is not allowed.

4. Cloud Servlces including acquisitions structured as managed on-site services are not allowed.

5. Managed Print Services are not allowed.
c. Third Party Products.

1. Contract Vendors can only offer Third Party Products in the bands they have been awarded.

2. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. d. Additional Product/Services

1. Hardware and software required to solely support wide area network fYl/AN) operation and management are not allowed.

2. Lease/Rentals of equipment may be allowed and will be addressed by each State.

3. Cellular Phone Equipment is not allowed.

4. EPEAT Bronze requirement may be waived, on a State case by case basis, if approved by the State's Chief Procurement Officer.

6. PARTNER UTILIZATION: Each state represented by WSCA-NASPO that chooses to participate in this Master Agreement independently has the option of utilizing partners. Only partners approved by the Participating·State may be deployed. The participating State will define the process to add and remove partners in their participating addendum.
4 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

Item 1I - 16

COMPUTER EQUIPMENT
2014--2019

COOPERATIVE PURCHASING

ORGANIZATION
OEPARTMENTOF ADMIN/.STRATION

MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD

EXHIBIT A - TERMS & CONDITIONS
MASTER AGREEMENT TE~S AND CONDITIONS
A. GENERAL TERMS~ CONDITIONS & INSTRUCTIONS

1. ACCEPTANCE OF TERMS AND CONDITIONS. The contents of the RFP and the response of the successful responder will become Master Agreement contractual obligations, along with the.final Master Agreement, if acquisition action ensues. A statement of acceptance of the proposed Contract Terms and Conditions, unless taken exception to, as specified in the RFP must be included in the response. Any suggestions for alternate language shall be presented.

The Lead State is under no obligation to accept wording changes submitted by the responder. The Lead State is solely responsible for rendering decisions in matters of interpretation on all terms and conditions. Any response which fails to comply with this requirement may be disqualified as noriresponsive; All general proposal terms, specifications and WSCA-NASPO Terms & Conditions form a part of this RFP and will apply to any Master Agreements entered in.to as a result thereof. ·

2. CONFLICT OF TERMS/ORDER OF PRECEDENCE:
a. A Participating Entity's Participating Addendum ("PA9); b. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms & Conditions) c. The Solicitation including all Addendums; and
d. Contract Vendor's response to the Solicitation
These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority-to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the-Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. ·

3. ADDENDA TO THE RFP. Any addendum issued will become a part of the RFP. The Lead State may modify or clarify the RFP by issuing one or more addenda to an parties who have received the RFP. Each responder must follow the directions on the addendum. Addenda will be numbered consecutive!y in the order they are issued.

4. AWARD.The award of this solicitation will be based upon the total accumulated points as established in the RFP, for separate items, by grouping items, ·or by total lot, and where at its sole discr~tion the Lead State believes it will receive the best value. The Lead State reserves the right to award this solicitation to a single responder, or to multiple responders, whichever is in the best interest of the Lead State. It is the State's intent to award to multiple responders.

The Lead State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re­ issue the solicitation, whichever is in the best interest of the Lead State.

The Sourcing Team will make a recommendation on the award of this RFP. The commissioner of Administration or desrgnee may accept or reject the recommendation of the Sourcing Team. The final award decision will be made by the Commissioner of Administration and the WSCA-NASPO Management Board.

5. CLARIFICATION. If a responder discovers any significant ambiguity; error, conflict, discrepancy, omission, or other deficiency in the RFP, the res·ponder shall immediately notify the Acquisition Management Specialist in writing, as 5 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

Item 1I - 17
specified in the introduction, of such error and request modification or clarification of the document. This notification is due no later than seven calendar days prior to the proposal due date and time.

Responders are cautioned that any activity or communication with a State employee or officer, or a member of the Evaluation Team, regarding this Solicitation's contents or process, is strictly prohibited and may, as a result, have its response rejected. Any communication regarding this Solicitation, its content or process, must be directed to the Acquisition Management Specialist listed in the Solicitation documents.

6. COMPLETION OF RESPONSES. A response may be rejected if it is conditional or incomplete. Responses that contain conflicting, false, or misleading statements or that provide references that contradict or do not support an attribute or condition stated by the responder, may be rejected.

7. MASTER AGREEMENTADMINISTRATOR. The Master Agreement Administrator designated byWSCA-NASPO and the State of Minnesota, Department of Administration is: Susan Kahle. Direct an correspondence and inquiries, legal questions, general issues, ortechhical issues regarding this RFP to:

Susan Kahle
Acquisition Management Specialist
Department of Administration
Materials Management Division
50 Sherburne Avenue
112 Administration Building
St. Paul, MN 55155
Fax: 651.297.3996
E-mail: [email protected]

8. DISPOSITION OF DATA SUBMITTED BY CONTRACT VENDOR. All materials submitted in response to this RFP will become property of the Lead State and will become public: record after the evaluation process is completed. The evaluation process is complete when negotiations with the selected vendors are final.

By executing this Contract; the Contract Vendorcertifies and agrees that all information provided in the Contract and in response to the solicitation will·be made public in accordance with the solicitation and that no information has been designated Trade Secret pursuantto the Minnesota Government Data Practices Act. .If the Contract Vendor submits information after execution of this Contract that it believes to be trade secret materials, as defined by the Mihhesota Government Data Practices Act, Minn. Stat. § 13.37, the Contract Vendor must:
a. clearly mark all trade secret materials at the time the information is submitted; · b. include a statement with regard to the information justifying the trade secret designation for each item; and, c. defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the Lead State, its agents and employees, ftom any judgments awarded against the Lead State in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the Lead State's award of a Master Agreement. In submitting a response to the RFP, the responder agrees that this indemnification survives as long as the trade secret materials are in possession of the Lead State. The Lead State will not consider the prices submitted by the responder to be trade secret materials.

9. DISPUTE RESOLUTION PROCEDURES. Any issue a responder has with the RFP document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to and received by the Master Agreement Adm ihistrator prior to the, opening due date and time. Any issue a responder has with the Master Agreement award must be submitted in writing to the Master Agreement Administrator within five working days from the time the notice of the intent to award is issued. This notice may be made by any of the following methods:
notification by letter.fax or email, or posted on the Materials Management website, www.mmd.ad111in.state.mn.us. The Lead State will respond to any protest received that follows the above procedure. For those protests that meet the above submission requirements, the appeal process is, in sequence: The responsible Master Agreement Administrator, the Materials Management Division (MMD)Assistant Director, and the MMD Director.

10. ELECTRONIC FILES TO DOWNLOAD, COMPLETE, AND RETURN. Responders must download a Word/Excel document.

11. ENTIRE AGREEMENT. A written Master Agreement (including the contents of this RFP and selected portions of · Contract Vendor's response incorporated therein by reference) and any written addenda thereto constitute the entire agreement of the parties to the Master Agreement. ·
6 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

Item 1I - 18

12. IRREVOCABLE OFFER. In accordance with this Request for Proposal, and subject to all conditions thereof, the undersigned agrees that its response to this RFP, or any part thereof, is an irrevocable offer for 180 days following the submission deadline date unless stated otherwise in the RFP. It is understood and agreed that the response, or any part thereof, when accepted by the appropriate department and State officials in writing, may become part of a legal and binding Master Agreement between the undersigned vendor and the State of Minnesota.

13. MATERIAL DEVIATION. A responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more cifthe conditions. Submission by the responder of its proposed language shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the terms and conditions. · · ·
RESPONDERS ARE: CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE

GENERAL TERMS, CONDITIONS AND INSTRUCTIONS OR THE WSCA-NASPO TERMS AND CONDITIONS AND/OR SPECIFICATIONS,.ITS RESPONSE MAY BE REJECTED.

A material deviation is an exception to the Request for Proposal general or WSCA-NASPO terms and conditions and/or specifications that:
a. gives the responder taking the exception a competitive advantage over other vendors; or; b. gives the Lead State something significantly different from that which the Lead State requested.

14. NONRESPONSIVE RESPONSES. Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected.
15; NOTICES. If one party is required to give:riotice to the other under the Master Agreement, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a sighed receipt shall be obtained. A facsimile transmission shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes. All notices to the Lead State shall be addressed as follows:

STATE OF MINNESOTA:

MN wscA..:NASPO COMPUTER EQUIPMENT CONTRACT ADMINISTRATOR 112 Admrnistration Bldg.
50 Sherburne Avenue
St. Paul, MN 55155
651 ~296-2600
7 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

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MASTER AGREEMENT TERMS AND CONDITIONS
B. WSCA-NASPO TERMS AND CONDITIONS

1. ADMINISTRATIVE FEES. The Contract Vendor shall pay a WSCA-NASPO Administrative Fee of orie-tenth of one percent (0.1% or 0.001) in accordance with the Terms and Conditions of the Master Agreement no later than 60 days following the end of each calendar quarter. The WSCA~NASPO Administrative Fee shall be submitted quarterly and is based on sales of products and services (less any charges for taxes or shipping). The WSCA-NASPO Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal.

Additionally, some states may require an additional fee be paid directly to the state on purchases made by Purchasing Entities with in that state. For all such requests;· the fee level,. payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contract Vendor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction· of the state. All such -agreements may not affect the WSCA-NASPO Adm rnistrative Fee or the prices paid by the Purchasing Entities outside the jllrisdiction of the state reqllesting the additional fee.

2. AGREEMENT ORDER OF PRECEDENCE. The Master Agreement shall consist of the following documents:
a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms and Conditions) c. The Solicitation including all addendums; and
d. Contract Vendor's response to the Solicitation
These documents shall be read to be consistent and complementary. Any conflict among these documents shall-be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor, The solicitation langllage prevails unless a mutually agreed exception has been negotiated. · ·

3. AMENDMENTS. The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the WSCA-NASPO Master Agreement Administrator. · ·

4. ASSIGNMENT OF ANTITRUST RIGHTS. Contract Vendor irrevocably assigns toa Participating Entity any claim for relief or cause of action which the Contract Vendor now has or which may accrue to the Contract Vendor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C~ § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contract Vendor for the purpose of carrying out the Contract Vendor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action.

5. ASSIGNMENT/SUBCONTRACT. Contract Vendor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the WSCA-NASPO Master Agreement Administrator.
·'

6. CANCELLATION. Unless otherwise stated in the terms and conditions, any Master Agreement may be canceled by either party upon 60 days' notice, in writing, prior to the effective date of the cancellation. Further, any Participating Entity may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation or in the applicable Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of a Participating Entity to indemnification by the Contract Vendor, rrghts of payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contract Vendor default may be immediate if defaults cannot be reasonably cured as allowed per Default and Remedies term.

7. CONFIDENTIALITY. NON-DISCLOSURE AND INJUNCTIVE RELIEF. NEGOTIATED.

7.1 Confidentiality. The parties acknowledges that they and their employees or agents may, in the course of providing the Product and Services under this Master Agreement, be exposed to or acquire information that is confidential . Any and all information of any form that is marked as confidential or would by its nature be deemed 8 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

Item 1I - 20
confidential obtained in the performance of this Master Agreement, including, but not necessarily limited to (a) any Participating Entity records, (b) personnel records, (c) information concerning individuals, (d) software, (e) product plans, (f} marketing and sales information, (g) customer lists, and (h) "know-how," or trade secrets, is confidential information ("Confidential Information"). Any reports or other documents or items (including software) that result from the use of the Confidential Information shall be treated in the same manner as the Confidential Information.

Confidentiallnformation does not include information that (a) is or becomes (other than by disclosure by disclosing party) publicly known; (b) is rightfully furnished by the disclosing party to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully ii1 recipient party's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than disclosing party without the obligation of confidentiality, (e) is disclosed with the written consent of disclosing party or; (f} is independently developed by employees, agents or subcontractor of the parties who can· be shown· to have had no access to the Confidential Information

7.2 Non-Disclosure. The parties shall hold.Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the performance of this Master Agreement, and to advise each of its employees arid agents of their obligations to keep Confidential Information confidential. The p8rties shall use commercially reasonable efforts in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, parties shall advise each other immediately if they learn or have reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement and shall at their expense cooperate in seeking injunctive or other equitable relief againstany such person. Except as directed in writing , the part res will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement the parties shall turn over all documents, papers, and other matter in the recipient party's possession that embody Confidential Information. Notwithstanding the foregoing, the recipient party may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement.

7.3 Injunctive Relief. The parties acknowledge that breach of this Section, including disclosure of any Confidential Information, may cause irreparable injury that is inadequately compensable in damages. Accordingly, the injured party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. The parties acknowledge and agree that the covenants contained herein are necessary for the protection of the legitimate business interests and are reasonable in scope and content. ·

7.4 Participating Entity is agreeing to the above language to the extent is not in conflict with Participating Entities public disclosure laws.

8. DEBARMENT. The Contract Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction (Master Agreement) by any governmental department or agency. If the Contract Vendor cannot certify this statement, attach a written explanation for review byWSCA-NASPO. ·
. .

In any order againstthis MasterAgreement for a requirement established by a Purchasing Entity that discloses the use of federal funding, to the extent another form of certification is not required by a Participating Addendum or the order of the Purchasing Entity, the Contractor's quote represents a recertification consistent with the terms of paragraph 8, Section 2D, Minnesota Terms and Conditions

9. DEFAULTS & REMEDIES.
a. The occurrence of any of the following events shall be an event of default under this Master Agreement:
i. Nonperformance of contractual requirements; or
ii. A material breach of any term or condition of this Master Agreement; or iii. Any representation or warranty by Contract Vendor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or
iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contract Vendor, or the appointment ofa receiver or Similar officer for Contract Vendor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or
v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, Lead State shall issue a written notice of default,· identifying the nature of the default, and providing a period of 30 calendar days in which Contract Vendor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole 9 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTEREQUIPMENT DELL MARKETING L. P.

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discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis.

Time allowed for cure shall not diminish or eliminate Contract Vendor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contract Vendor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contract Vendor shall be in breach ofits obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies:
r. Exercise any remedy provided by law; and
ii Terminate this Master Agreement and any related Master Agreements or portions thereof; and iii Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contract Vendor from receiving future bid solicitations; and v. Suspend Contract Vendor's performance; and
vi. Withhold payment until the default is remedied.
d. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code.

10. DELIVERY. Unless otherwise indicated in the Master Agreement, the prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contract Vendor. Additional delivery charges will not be allowed for back orders.

11. FORCE MAJEURE. Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The WSCA,-NASPO Master Agreement Administrator may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement

12. GOVERNING LAW. This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement.- The construction and effect of any Participating Addend um or order against the Master Agreements shall be governed by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreements or the effect of a Participating Addendum shall be in the Purchasing Entity's State.

13. INDEMNIFICATION. DELETED SEE SECTION 2C17.

14. INDEMNIFICATION-INTELLECTUAL PROPERTY. DELETED SEE SECTION 2C17;

15. INDEPENDENT CONTRACT VENDOR. The Contract Vendor shall be an independent ContractVendor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein.

16. INDIVIDUAL CUSTOMER. Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any costs allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities.

The Contract Vendor will apply the charges and invoice each Purchasing Entity individually.

17. INSURANCE. Except to the extent modjfied by a Participating Addendum, Contract Vendor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contract Vendor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's termination or at a Participating Entity's option, result in termination of its Participating Addendum. 10 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

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Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: . ·
a. Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than $1 million per occurrence/$2 million general aggregate;
b. Contract Vendor must comply with any applicable State Workers Compensation or Em players Liability Insurance requirements. ·
Contract Vendor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty (30) calendar days after notice of intended revocation thereof shall have been given to Participating Entity by the Contract Vendor.

Prior to commencement of the work, Contract Vendor shall provide to the Participating Entity a written endorsement to the Contract Vendor's general liability insurance policy that (i} names the Participating Entity as an additional insured, (ii) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating Entity has been given at least thirty (30) days prior written notice, and (iii) provides thatthe Contract Vendor's liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory.

Contract Vendor shall furnish to Participating Entity copies of certificates of all required insurance within thirty (30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section.

Failure to provide evidence of coverage may, at the Lead State Master Agreement Administrator's sole option, result in this Master Agreement's termination.

Coverage and limits shall not limit Contract Vendor's liability and obligations under this Master Agreement.

18. LAWS AND REGULATIONS. Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations.

19. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY. DELETED - SEE SECTION 2830 FOR REVISED TERM ADDRESSING TITLE OF PRODUCT. . ..

20. NO WAIVER OF SOVEREIGN IMMUNITY. The Lead State, Participating Entity or Purchasing Entity to the extent it applies does not waive its sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law with regard to any action based on this Contract.

If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively with in the United States District Court of the· Participating Entity's State.

21. ORDER NUMBERS. ·contract order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels (if possible}, packing slips, invoices, and on all correspondence. ·

22. PARTICIPANTS. WSCA~NASPO Cooperative Purchasing Organization LLC is not a party to the Master Agreement.

It is a nonprofit cooperative purchasing organization assisting states in administering the WSCA/NASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivislons (e.g., colleges, school districts, counties, cities, etc.,} for all 50 states and the District of Columbia. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award will b.e permissive.

23. PARTICIPATION OF ENTITIES. Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities (including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official.

24. PAYMENT. Payment for completion of an order under this Master Agreement is normally made within 30 days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contract Vendor may assess overdue account charges up to a maximum rate of one percent per month 11 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

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on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision "Purchasing Card" with no additional charge.

25. PUBLIC INFORMATION. The Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws.

26. RECORDS ADMINISTRATION AND AUDIT. The disclosure of records in Participating States relating to Participating addenda and orders placed agairist the Master Agreement shall be governed by the laws of the Participating State and entity who placed the order.

The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments arid fees, Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General}, and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy arid/or transcribe Contractor's books, documents, papers and records directly_pertinent to this Master Agreement or orders placed by a.

Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of five (5) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder.

Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity; or Purchasing Entity for an overpayments inconsistent with the terms of the Master Agreement or orders or underpayment of fees found as a result of the examination of the Contractor's records.

The rights and obligations herein right exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self-audit contract obligations and that permits the Lead State Master Agreement Administrator to review compliance with those obligations.

Records will be retained longer if required by Participating Entity's law.

27. REPORTS - SUMMARY AND DETAILED USAGE. In addition to other reports that may be required by this solicitation, the Contract Vendor shall provide the following WSCA-NASPO reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to WSCA-NASPO using the WSCA-NASPO Quarterly Sales/Administrative Fee Reporting Tool found at http://www~naspo.org/WNCPO/Calculator.aspx. Any/all sales made under the contract shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required. Reports shall be due no later than the last day of the month following the end of the calendar quarter (as speclfied in the reporting tool).
b. Detailed Sales Data. Contract Vendor shall also report detailed sales data by: state; entity/customer type, e.g., local government, higher education, K12, non-profit; Purchasing Entity name; Purchasing Entity bill-to and ship-to locations; Purchasing Entity and Contract Vendor Purchase Order identifier/number(s); Purchase Order Type (e.g., sales order, cre~it, return, upgrade, determined by industry practices); Purchase Order date; Ship Date; and line item description, including product number if used. The report shall be submitted ln any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State no later than the last day of the month following the end of the reporting period. Reports shall be delivered to the Lead State and to the WSCA-NASPO Cooperative Development Team electronically through email; CD-Rom, jump drive or other electronic matter as determined by the Lead State.

Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in Section 6, Attachmerit H. c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum. Specific data in relation to sales to employees for personal use to be defined in the final contract award to ensure only public information is reported. d. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO 12 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

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shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section.

28. ACCEPTANCE AND ACCEPTANCE TESTING.

A. Acceptance. Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) shall determine whether all Products and Services delivered meet the Contractor's published specifications (a.k.a. "Specifications"). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the Contractor with in thirty (30) calendar days following delivery of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service, the Product and Services will be deemed accepted on the 31 st day after delivery of Product or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing.

B. Acceptance Testing. The Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders underthis Master Agreement) and the ContractVendor shall determine if Acceptance Testing is applicable and/or required for the purchase. The terms in regards to acceptance testing will be negotiated, in writing, as mutually agreed. If Acceptance Testing is NOT applicable, the terms regarding Acceptance in the Contract shall prevail. ·

29. SYSTEM FAILURE OR DAMAGE. In the event of system failure or damage caused by the Contract Vendor or its Product, the Contract Vendor agrees to use its commercially reasonable efforts to restore or assist in restoring the system to operational capacity. The Contract Vendor shall be responsible under this provision to the extent a 'system' is defined at the time of the Order; otherwise the rights of the Purchasing Entity shall be governed by the Warranty.

30. TITLE OF PRODUCT. NEGOTIATED.

OWNERSHIP
a. Ownership of Documents/Copyright. Any reports, studies, photographs, negatives, databases, computer programs, or other documents,·whether in tangible or electronic forms, prepared by the Contract Vendor in the performance of its obligatiOns under the Master Agreement and paid for by the Purchasing Entity shall be the exclusive property of the Purchasing Entity and all such material shall be remitted to the Purchasing Entity by the Contract Vendor upon completion, termination or cancellation of the Master Agreement. The Contract Vendor shall not use; willingly allow or cause to allow such material to be used for any purpose other than performance of the Contract Vendor's obligations under this Master Agreement without the prior written consent of the Purchasing Entity.
b. Rights, Title and Interest. All rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trade marks, and service marks in the said documents that the Contract Vendor conceives or originates, either individually or jointly with others, which arises out of the performance of the Master Agreement, will be the property of the Purchasing Entity and are, by the MasterAgreement, assigned to the Purchasing Entity along with ownership of any and all copyrights in the copyrightable material. The Contract Vendor also agrees, upon the request of the Purchasing Entity, to execute all papers and perform all other acts necessary to assist the Purchasing Entity to,obtain and register copyrights on such materials. Where applicable, works of authorship created by the Contract Vendor for the Purchasing Entity in performance of the Master Agreement shall be considered "works for hire" as defined in the U.S. Copyright Act. c. Notwithstanding the above, the Purchasing Entity will not own any of the Contract Vendor's pre-existing intellectual property that was cre~ted prior to the Master Agreement. and which the Purchasing Entity did not pay the Contract Vendor to create. Subject to payment in full for the products, equipment or services, the Contract Vendor grants the Purchasing Entity a perpetual, irrevocable, non-exclusive, royalty free license for Contract Vendor's pre-existing intellectual property that is contained in the products, materials, equipment or services that are purchased through this Master Agreement. Contract Vendor will retain all right, title and interest in and to all Intellectual Property Rights in or related to the services, or tangible components thereof, including but not limited to (a) all know-how, intellectual property; methodologies, processes, technologies, algorithms, software or development tools used in performing the services, and (b) such ideas, concepts, know-how, processes and reusable reports, designs, charts, plans, specifications, documentation, forms, templates or output which are developed, created or otherwise used by or on behalf of Contract Vendor in the course of performing the services 13 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

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or creating the deliverables, other than portions that specifically incorporate proprietary or Confidential Information or data of Ordering Entity (collectively, the "Residual IP"), even if embedded in the deliverable.

31. WAIVER OF BREACH. Failure of Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing.

Waiver by the Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any · other term or requirement under this Master Agreement, a Participating Addendum, or order.

32. WARRANTY. The warranty provided must be the manufacturers written warranty tied to the product at the time of purchase and must include the following:: (a) the Product performs according to the specifications (b) the Product is suitable for the ordinary purposes for which such Product is used, (c) the Product is deslgned and manufactured in a· commercially reasonable manner, and (d) the Product is free ofdefects.

For third party products sold by the Contract Vendor, the Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numt,iers and assist the customer in engaging the manufacturer on warranty and maintenance issues.

Upon breach of the warranty, the Contract Vendor will repair or replace (at no charge to the Purchiasing Entity) the Product whose nonconformance is discovered and made known to the Contract Vendor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contract Vendor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or so ordered by the court, ·

33. LIMITATION OF.LIABILITY. NEGOTIATED.

A CONTRACT VENDORWILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIV~:, SPECIAL OR

CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, SOFTWARE OR SERVICES PROVIDED HEREUNDER. EXCEPT FOR YOUR BREACH OF PAYMENT Ol3LIGATIONS OR CONFIDENTIALITY REQUIREMENTS, NEITHER PARTY SHALL HAVE LIABILITY FOR TH~ FOLLOWING:
(1) LOSS OF REVENUE, INCOME, PROFIT OR SAVINGS; (2) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF A SYSTEM OR·NETWORK OR THE RECOVERY OF SUCH; (3) LOSS Of BUSINESS OPPORTUNITY; (4) BUSINESS INTERRUPTION OR DOWNTIME; OR (5) DELIVERABLES, DELL PRODUCTS OR THIRD-PARTY PRODUCTS NOT BEING AVAILABLE FOR USE.

8. CONTRACT VENDOR'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF PR IN

CONNECTION WITH THIS AGREEMENT AND ALL PARTICIPATING ADDENDA SOURCED FROM THIS

MASTER AGREEMENT (INCLUDING ANY PRODUCTS, SOFTWARE, OR SERVICES PROVIDED HEREUNDER} SHALL NOT EXCEED THE AGGREGATE AMOUNT OF TEN MILLION DOLL,ARS ($10,000,000).

C. THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE.

THE PARTIES AGREE THAT THESE LIMITATION OF LIABILITY ARE AGREED ALLOCATIONS OF RISK

CONSTITUTING IN PART THE CONSIDERATION FOR CONTRACT VENDOR'S SALE OF PRODUCTS, SOFTWARE OR SERVICES TO ORDERING ENTITY, AND SUCH LIMITATIONS WILL APPi-Y

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.

34. SERVICE AGREEMENTS. NEGOTIATED. Contract Vendor may provide Services, Software or Deliverables to you in accordance with one or more "Service Agreements." "Service Agreements" are service contracti, including "Service Descriptions" available at www.dell.com/servicec6ntracts/us, "Statements of Work," and any other' such mutually agreed upon documents. Each Service Agreement will be interpreted as a single agreement, lndependent of any other Service Agreement, so that all of the provisions are given as full effect as possible.

Any and all licensing, maintenance, or order specific agreements referenced within the terms and conditions of this Master agreement are agreed to only to the extent that the terms do not conflict with the terms of the Participating Addendum or the Master Agreement, and to the extent the terms are not in conflict with the Participating Entities' applicable laws. In the event of conflict the terms and conditions, the Participating Addendum, ancj then the Master Agreement shall take precedence, as detailed in the Order of Precedence defined herein. Notwithstanding the 14 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

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foregoing, licensing, maintenance agreements, or order specific agreements may be further negotiated by the Contract Vendor and the potential Purchasing Entity, provided the contractual documents are duly executed in writing.

35. SOFTWARE LICENSE. NEGOTIATED. Software (defined as any software, library, utility, tool, or other computer or program code, in object (binary) or source-code form as well as the related documentation provided by Contract Vendor to Purchasing Entity} is subject to the separate. license agreements accompanying the Software, along with any product guides,' operating manuals, or other documentation included with the software medla packaging or presented to Purchasing Entity during the installation or use of the Software. Purchasing Entity agrees that itwill be bound by such license agreement.

Any and all licensing, maintenance, or order specific agreements referenced within the terms and conditions of this Master agreement are agreed to only to the extent that the terms do not conflict with the terms of the Participating Addendum or the Master Agreement, and to the extent the terms are not in conflict with the Participating Entities' applicable laws. In the event ofcoriflict the terms and conditions, the Participating Addendum, and then the Master Agreement shall take precedence, as detailed in the Order of Precedence defined herein. Notwithstanding the foregoing,. licensing, maintenance agreements, or order specific agreements may be further negotiated by the Contract Vendor and the potential Purchasing Entity, provided the contractual documents are duly executed in writing.

36. EXPORT COMPLIANCE. NEGOTIATED. Contract Vendor, Lead State and Purchasing Entities acknowledge that products (including software) sold or licensed under this Master Agreement are subject to the export control laws and regulations of the United States and other countries from which they were supplied and in which they are used and Purchasing Entity agrees to abide by those laws and regulations. Purchasing Entity warrants that any software provided by it and used as a part of the services supplied by Contract Vendor under this Master Agreement contains no encryption or to the extent that it contains encryption such software is approved for export under the relevant laws or regulations. ·

37. RETURNS AND EXCHANGES. NEGOTIATED. Contract Vendor's return policy can be found at wwW.dell.com/returnspolicy and applies to any returns and exchanges. Before returning or exchanging a Product, Purchasing Entity must contact Contract Vendor directly to obtain an authorization number to include with the return.

Purchasing Entity must return Products to Contract Vendor in their original or equivalent packaging; and Purchasing Entity is responsible for risk of loss, as well as shipping and handling fees. Additional fees, including up to a 15% restocking fee, may apply. Restocking fees must be approved by the customer. If Purchasing Entity fails to follow the return or exchange instructions provided by Contract Vendor, Contract Vendor will not be responsible for any loss, damage, or modification of a Product, or processing of a Product for disposal or resale. Credit for partial returns may · be less than invoice or individual component prices due to bundled or promotional pricing associated with the original purchase. This restocking fee shall not apply in the case of Contract Vendor error. 15 CONTRACT NO. MNWNCMOB MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

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MASTER AGREEMENT TERMS AND CONDITIONS
C. MINNESOTA TERMS AND CONDITIONS

1. ACCEPTANCE OF PROPOSAL CONTENT.The contents of this RFP and selected portions of response of the successful Proposer will become contractual obligations, along with the final Master Agreement, if acquisition action ensues. The Lead State is solely responsible for rendering the decision in matters of interpretation of all terms and conditions. · ·

2. ACCESSIBILITY ST ANDA RDS. The State of Minnesota· has developed IT Accessibility Standards effective September 1, 2010, which entails, in. part, the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A~D which can be viewed at http://www.mmd.admin.state.mn.us/pdf/accessibility standard.pdf Responders must complete the WCAG VPAT form included in the FORMS section of the RFP. The completed VPAT form will be scored based on its compliance with the Accessibility Standards. The requested WCAG VPAT applies to the responder's website to be offered under the Contract. For products offered, VPATS are only to be provided upon request by the participating entity.

Upon request by the participating entity, the responder must make best efforts to provide Voluntary Product Accessibility Templates (VPATS) for all products offered in its response. Click here for link toVPATS for both Section 508VPAT and WCAG 2.0VPAT http:1/mn.gov/oet/policies~and-standards/accessibility/#.

3. ADMINISTRATIVE PERSONNEL CHANGES. The Contract Vendor must notify the Contract Administrator of changes in the Contract Vendor's key administrative personnel, in advance and in writing. Any employee of the Contract Vendor who, in the opinion of the State of Minnesota, is unacceptable, shall be removed from the project upon written notice to the Contract Vendor. In the event that an employee is removed pursuant to a written request from the Acquisition Management Specialist, the Contract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee.

4. AMENDMENT(S). Master Agreement amendments shall be negotiated by the Lead State with the Contract Vendor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work. An approved Master Agreement amendment means one approved by the authorized signatories of the Contract Vendor and the Lead State as required by law. ·

5. AMERICANS WITH DISABILITIES ACT (ADA). DELETED.

6. AWARD OF RELATED CC>NTRACTS. In the event the Lead State undertakes or awards supplemental Contracts for work related to the Master Agreement or any portion thereof, the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section.

7. AWARD OF SUCCESSOR CONTRACTS. In the event the State undertakes or awards a successor for work related to the Contract or any portion thereof, the current Contract Vendor shall cooperate fully during the transition with all other Contract Vendors and the State in an such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. ·

8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION a. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions.

Instructions for certification:

1. By signing and submitting this proposal, the prospective lower tier participant [responder] is providing the certification set out below.

2. The certification in this clause ls a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, iil addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this . proposal [response] is submitted if at anytime the prospective lower tier participant learns that its certification 16 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

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\
was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible lower tier covered transaction, participant, person,Oprimary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages section of rules implementing Executive Order 12549: You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction [subcontract equal to or exceeding $25,000]with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this cove~ed transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposalthat it will include this clause titled, "Certification Regarding Debarment, Suspension,. Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFRpart 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from federal procurement and nonprocu rement programs:·

8. Nothing contained rn the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized· under paragraph 5 of these instructions, if a participant in a covered transaction knowingly ~nters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions.

1. The prospectlve lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

9. CHANGE REQUESTS. The Lead State reserves the right to request, during the term of the Master Agreement, changes to the products offered. Products introduced du ring the term of the Master Agreement shall go through a formal review process. A .formal process of changing the Master Agreement shall be developed during the negotiation of the Master Agreement. The Contract Vendor shall evaluate and recommend products for which agencies have an _expressed need. The Lead State shall require the Contract Vendor to provide a summary of its research of those products being recommended for inclusion in the Master Agreementas well as defining how adding the product will enhance the Master Agreement. The Lead State may request that products, other than those recommended, are added to the Master Agreement.

In the event that the Lead State desires to add new products and services that are not included in the original Master Agreement, the Lead State requires that independent manufacturers and resellers cooperate with the already established Contract Vendor in order to meet the Lead State's requirements. Evidence of the need to add products or services should be demonstrated to the Lead State. The Master Agreement shall be modified via supplement or 17 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

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amendment. The Lead State will negotiate the inclusion of the products and services with the Contract Vendor. No products or services will be added to the Master Agreement without the Lead State's prior approval.

10. CONFLICT MINERALS. Contract Vendor must provide information to the public on its website regarding the use of conflict minerals, as required by Section 13{p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http:l/www~sec.gov/rules/final/2012/34-67716.pdf. 11 ~ COPYRl(;HTED MATERIAL WAIVER. The Lead State reserves the right to use, reproduce and publish proposals in any manner necessary for State agencies and local units of government to access the responses and/or to respo·nd to request for information pursuant to Minnesota Government Data Practices Act, , including but not limited to emailing, photocopying, State Intranet/Internet postings, broadcast faxing, and direct mailing. In the event that the response contains copyrighted or trademarked materials, it is the responder's responsibility to obtain permission for the Lead State to reproduce and publish the information, regardless of whether the responder is the manufacturer or reseller of the products listed in the materials. By signing its response, the responder certifies that it has obtained all necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, save and hold the Lead State, its representatives and employees harmless from any and all claims arising from the violation of this section and agrees to pay all legal fees incurred by the Lead State in the defense of any such action.

12. EFFECTIVE DATE. Pursuant to Minnesota law; the Master Agreementarising from this RFP shall be effective upon the date of final execution by the Lead State, unless a later date is specified in the Master Agreement

13. FOREIGN OUTSOURCING OF WORK. Upon request, the Contract Vendor is required to provide information regarding the location of where services, data storage and/or location of data processing under the Master Agreement will be performed.

14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, {and where applicable, if the Lead State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the Lead State to the Contract Vendor and all data provided to the Lead State by the Contract Vendor. In addition, the Minnesota Government Data Practices Act applies to all data created, collected, received, stored; used, maintained, or disseminated by the Contract Vendor in accordance with the Master Agreement that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13 {and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch).

In the event the Contract Vendor receives a request to release the data referred to in this article, the Contract Vendor must immediately notify the Lead State. The Lead State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the Lead State.

The Contract Vendor agrees to indemnify, save, and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the · Minnesota Government Data Practices Act {and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Master Agreement. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Master Agreement, the Contract Vendor shall retain responsibility under the terms of this article for such work.

15. HAZARDOUS SUBSTANCES. To the extent that the goods to be supplied by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal laws and regulations, the Contract Vendor must provide Material Safety Data Sheets regarding those substances. A copy must be included with each delivery. · ·

16. HUMAN RIGHTS/AFFIRMATIVE ACTION. The Lead State requires affirmative action compliance by its Contract Vendors in accordance with Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600. a. Covered contracts and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of $100,000 requires completion of the Affirmative Action Certification page. If the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds $100,000 whether it will be a multiple award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds $100,000 and the Contract Vendor employed more than 18 CONTRACT NO. MNWNC:108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

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40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn. Stat.§ 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but thatdid have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat.§ 363A.36, subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner) as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. c. Minn. R. 5000.3400-5000.3600 implement Minn. Stat§ 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a Contract Vendor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers.

AFFIRMATIVE ACTION FOR DISABLED WORKERS
(a) The Contract Vendor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contract Vendor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
(b) The Contract Vendor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (c) In the event of the Contract Vendor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (d) The Contract Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contract Vendor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees; · ·
(e) The Contract Vendor must notify each labor union or representative of workers with whlch it has a collective bargaining agreement or other contract understanding, that the Contract Vendor is bound by the terms of Minn. Stat. § 363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. e. Consequences. The consequences of a Contract Vendor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the commissioner, refusal by the commlssioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State.
19 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

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f. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency.

17. INDEMNIFICATION. NEGOTIATED. The Contract Vendor shall indemnify, protect, save and hold harmless the Lead State and the Participating Entity, its representatives and employees, from any and all third party claims or causes of action for personal bodily injury, including death, and damage to tangible personal property, including all legal fees incurred by the Lead State and the Participating Entity arising from the negligence in the performance of the Master Agreement by the Contract Vendor or its agents, employees, or subcontractors. This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the Lead State's and Participating Entity's failure to fulfill its obligations pursuant to the Master Agreement.

If the Participating Entity's laws require approval of a third party to defend Participating Entity, Participating Entity wil I seek such approval and if approval is not received, Contract Vendor is not required to defend that Participating Entity.

18. INTELLECTUAL PROPERTY INDEMNIFICATION. NEGOTIATED In the event of any such claim by any third party against the Participating Entity that Products, Software, Services or Deliverables (excluding Third-Party Products and open source software) prepared or produced by Dell and delivered pursuant to this Agreement infringe or misappropriate that third party's U.S. patent, copyright, trade secret, or other intellectual property rights ("Indemnified Claims"), the Participatlng Entity shall promptly notify the Contract Vendor. The Contract Vendor, at lts own expense, shall indemnify; defend to the extent permitted by the Participating Entity's laws, and hold harmless the Participating Entity against any loss, cost, expense, or liability (including legal fees) arising out of such a claim, whether or not such claim is successful against the Participating Entity.

If Contract Vendor receives prompt notice such a claim thatin the ContractVendor's opinion is likely to result in an adverse ruling, the Contract Vendor shall at its option (1) obtain a right for the Participating Entity to continue using such Products, Deliverables or Software or allow Contract Vendor to continue performing the Services; (2) modify · such Products, Software, Services or Deliverables to make them non-infringing; (3) replace such Products, Software, Services or Deliverables with a non-infringing equivalent; or (4) refund any pre-paid fees for the allegedly infringing Services that have not been performed or provide a reasonable depreciated or pro rata refund for the allegedly infringing• Product, Deliverables or Software.

Notwithstanding the foregoing, ContractVendor shall have no obligation under this Section for any claim resulting or arising from (1) modifications of the Products, Software, Services Deliverables that were not performed by or on behalf of Contract Vendor; (2) the combination, operation, or use of the Products; Software, Services or Deliverables in connection with a third-party product, software or service (the combination of which causes the claimed infringement); or (3) Contract Vendor's compliance witli Participating Entity's written specifications or directions, including the incorporation of any software ot other materials or processes provided by or requested by Participating Entity. Contract Vendor's duty to indemnify and defend under this Section is contingent upon: (x) Contract Vendor receiving prompt written notice of the third-party claim or action for which Contract Vendor must indemnify Participating Entity, (y) Contract Vendor having the right to solely control the defense and resolution of such claim or action, and (z) Participating Entity's cooperation with Contract Vendor in defending and resolving such claim or action.

This Section states Participating Entity's exclusive remedies for any third-party intellectual property claim or action, and nothing in this Agreement or elsewhere will obligate Contract Vendor to provide any greater indemnity to Participating Entity.
19; JURISDICTION AND VENUE. This RFP and any ensuing Master Agreement, its amendments and supplements thereto, shall be governed by the laws of the State of Minnesota, USA. Venue for all legal proceedings arising out of the Master Agreement, or breach thereof, shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. By submitting a response to this Request for Proposal, a Responder voluntarily agrees to be subject to thejurisdiction of Minnesota for all proceedings arising out of this RFP, any ensuing Master Agreement, or any breach thereof.

20. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnlshed must comply fully with all local, State and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State.

21. NONVISUAL ACCESS STANDARDS. Pursuant to Minn. Stat.§ 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards ;
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a. That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; b. That the nonvisual accesstechnology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; c. That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and
d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are notblind or visually impaired.

22. · NOTICE TO RESPONDERS. Pursuant to Minri. Stat. § 270C.65, subd. 3, ContractVendors are required to provide their Federal Employer Identification Number or Social Security Number. This information rnay be used in the enforcement of federal and State tax laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent tax liabilities. These numbers will be available to federal and State tax authorities and State personnel involved in the payment of State obligations. 23; ORGANIZATIONAL CONFLICTS OF INTEREST. The responder warrants that, to the best of its k_nowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts ofinterest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons: · • a Contract Vendor is unable or Potentially unable to render impartial assistance or advice to the State; • the Contract Vendor's objectivity in performing the work is or might be otherwise impaired; or • the Contract Vendor has an unfair competitive advantage.

The Contract Vendor agrees that if an organizationalconflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management Division that shall include a description of the action the Contract Vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Master Agreement. In the event the Contract Vendor was aware of an organizational conflict of interest prior to the award of the Master Agreement and did not disclose the conflict to the Master Agreement Administrator, the State may terminate the Master Agreement for default. The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms "Contract,""Contract Vendor," "Master Agreement", "Master Agreement Administrator'' and "Contract Administrator" modified appropriately to preserve the State's rights. · ·

24. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY.

Contract Vendor assures all Of its Network Components, Applications, Servers, and Subcontractors (if any) comply with the Payment Card Industry Data Security Standard ("PCIDSS"). "Network Components" shall include, but are not limited to, ContractVendor's firewalls, switches, routers; wireless access points, network appliances, and other security appliances; "Applications" shall include, but are not limited to, all purchased and custom external (web) applications. "Servers" shall include, but are not limited to, all of Contract Vendor's web, database, authentication, . DNS, mail, proxy, and NTP servers. "Cardholder Data" shall mean any personally identifiable data associated with a cardholder; including, by way of example and without limitation, a cardholder's account number, expiration date, narne, address, social security number, or telephone numbeL Subcontractors (if any) must be responsible for the security of all Cardholder Data in its possession; and will only use Cardholder Data for assisting cardholders in completing a transaction, providing fraud control services, or for other uses specifically required by law. Contract Vendor must have a business continuity program which conforms to PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other disaster or system failure which may occur to operations; will continue to safeguard Cardholder Data in the event this Agreement terminates or expires; and ensure that a representative or agent of the payment card industry and a representative or agent of the State shall be provided with full cooperation and access to conduct a thorough security 21 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DEi.L MARKETING L. P.

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review of Contract Vendor's operations, systems,· records, procedures, rules, and practices in the event of a security intrusion in order to validate compliance with PCIDSS.

25. PERFORMANCE WHILE DISPUTE IS PENDING. Notwithstanding the existence of a dispute, the parties shall continue without delay to carry out all of their responsibilities under the Master Agreement that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under the Master Agreement, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party.

26. PREFERENCE.

Targeted/Economically Disadvantaged.In accordance with Minn. Stat. § 16C.16, subds. 6 and 7, eligible certified targeted group (TG) businesses and certified economically disadvantaged (ED) businesses will receive a 6 percent preference on the basis of award for this RFP. The preference is applied only to the first $500,000 of the response to the RFP. Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time.

To verify TG/ED certification, refer to the Materials Management Division's web site at www.mmd.admin.state.mn.usunder "Vendor Information, Directory of Certified TG/ED Vendors." To verify TG eligibility for preference; refer to the Materials Management Division's web site under "Vendor Information, Targeted Groups Eligible for Preference in State Purchasing" or call the Division's Helpline at 651.296.2600.

Reciprocal Preference. In accordance with Minn. Stat. §16C.06, subd 7, the acquisition of goods or services shall be allowed a preference over a non-resident vendor from a state that gives or requires a preference to vendors from that state, the preference shall be equal to the preference given or required by the state of the non-resident vendor. If you wrsh to be considered a Minnesota Resident vendor you must claim that by filling out the Resident Vendor Form included in this sollcitation and include it in your response.

Veteran. In accordance with Minn. Stat.§ 16C.16, subd. 6a, (a) Except when mandated by the federal government as a condition of receiving federal funds, the commissioner shall award up to a six percent preference in the amountbid on state procurement to certified small businesses that are majorlty-owned and operated by:
(1) recently separated veterans who have served in active military service, at any time on or after September 11, 2001, and who have been discharged under honorable conditions from active service, as indicated by the person's United States Department of Defense form DD-214 or by the commissioner of veterans affairs; (2) veterans with service-connected disabilities, as determined at any time by the United .States Department of Veterans Affairs; or
(3) any other veteran-owned small businesses certified under section· 16C.19, paragraph (d).

In accordance with Minn. Stat. § 16C.19 (d), a veteran-owned sman business, the principal place of business of which is in Minnesota, is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran-owned small business or a service disabled veteran-owned small business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74.

To receive a preference the veteran-owned small business must meet the statutory requirements above by the solicitation opening date and time. The preference is applied only to the first $500,000 of the response.

If responder is claiming the veteran-owned preference, attach documentation, sign and return form with response to the solicitation. Only eligible veteran-owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference.

27. PUBLIC INFORMATION. Once the information contained in the responses is deemed public information, interested parties may request to obtain the public information. You may call 651.201.2413 between the hours of 8:00 a.m. to 4:30 p.m. to arrange this.

28. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including but not limited to notices, informational pamphlets, press releases, research, reports, signs and simllar public notices prepared by or for the Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Master Agreement prior to its approval by the State's Authorized Representative and the State's Assistant Director or designee of Materials Management Division.

The Contract Vendor shall make no representations of the State's opinion or position as to the quality or effectiveness of the products and/or services that are the subject of the Master Agreement without the prlorwritten consent of the 22 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

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State's Assistant Director or designee of Materials Management Division. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices.

29. PURCHASE ORDERS. NEGOTIATED. The State requires that there will be no minimum order requirements or charges to process an individual purchase order. The Master Agreement number and the PO number must appear on all documents (e.g., invoices, packing slips, etc.}. The Ordering Entity's purchase order constitutes a binding contract.

Unless otherwise expressly agreed between a Purchasing Entity and the Contract Vendor, any preprinted terms on the Purchasing Entity's purchase order shall be given no force or effect and no terms of a purchase order that conflict with this Master Agreement or the Participating Addendum shall be binding on Contract Vendor.

30. RIGHTS RESERVED. Notwithstanding anything to the contrary, the State reserves the right to:
a. reject any and all responses received; .
b. select, for Master Agreements or for negotiations, a response other than that with the lowest cost; c. waive or modify any informalities, irregularities, or inconsistencies in the responses received; d. negotiate any aspect of the proposal with any responder and negotiate with more than one responder; e. request a BEST and FINAL OFFER, if the State deems it necessary and desirable; and f. terminate negotiations and select the next response providing the best value for the State, prepare and release a new RFP, or take such other action as the State deems appropriate if negotiations fail to result in a successful Master Agreement.

31. RISK OF LOSS OR DAMAGE. The State is relieved of all risks of loss or damage to the goods and/or equipment during periods of transportation, and installation by the Contract Vendor and in the possession of the Contract Vendor or their authorized agent.
32: SEVERABILITY. If any provision of the Master Agreement, including items incorporated by reference, is found to be illegal, unenforceable, or void, then.both the State and the Contract Vendor shall be relieved of all obligations arising under such provisions. If the remainder of the Master Agreement is capable of performance it shall not be affected by such declaration or finding and shall be fully performed.

33. STATE AUDITS (Minn. Stat.§ 16C.05, subd. 5). The books, records, documents, and accounting procedures and practices of the Contract Vendor or other party, that are relevant to the Master Agreement or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Master Agreement or transaction. The State reserves the right to authorize delegate(s) to audit this Master Agreement and transactions.

34. SURVIVABILITY. The following rights and duties of the State and responder will survive the expiration or cancellation of the resulting Master Agreements. These rights and duties include, but are not limited to paragraphs:

Indemnification, Hold Harmless and Limitation of Liability, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Publicity, Intellectual Property Indemnification, and Admin Fees.

35. TRADE SECRET/CONFIDENTIAL INFORMATION. Any information submitted as Trade Secret must be identified and submitted per the Trade Secret Form and must meet Minnesota Trade Secret as defined in Minn. Stat. § 13.37 23 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

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fnnssata

COMPUTER EQUIPMENT
2014-2019

COOPERATIVE PURCHASING

ORGANIZATION

MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD

EXHIBITS - PRICING

1. BAND(S) AWARDED: Band 1: Desktop Band 2: Laptop Band 3: Tablet Band 4: Server Band 5: Storage.

2. PRICE STRUCTURE. The contract employs a MINIMUM discount-off baseline price list structure with category exceptions for each band. The category discounts may be higher or lower than the than the band discount. The minimum discount and categorized exceptions will be applied to all "quantity one· procurements. An end user w111 be able to verify pricing using the named base line price list and the minimum discounts with the categorized exceptions provided in the Master Agreement.

3. PRICE GUARANTEE. These discounts must remain firm, or the discount may be increased, during the term of the Master Agreement.

4. BASELINE PRICE LIST. The Base Line Price is designated in the Pricing Discount Schedule. The Base Line Price List must be accessible and verifiable by potential end users preferably on the Contract Vendor Website. All historic versions of the. Baseline Price List must be made available upon request pursuant to the audit provisions.

5. PRODUCT AND SERVICE SCHEDULE (PSS). The Product and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the Contract Catalog.

The PSS will be submitted to the Lead $late following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list.

The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions.

6. CHANGES TO THE PSS. Contract Vendorwill request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly.Obsolete and discontinued products will be removed.

7. BULKNOLUME PRICING. Further bulk/quantity savings may be obtained when additional quantities are requested.

Additional savings are expected when competing awarded vendors for volume pricing.

8. PROMOTIONAL OFFERS. Contract Vendors may provide promotions for deeply discounted products based on their inventory and sales. The Contract Vendors will be responsible to market these offers.

9. PREMIUM SAVINGS PACKAGE PROGRAM. Contract Vendors participating in the Premium Savings Package (PSP) Program will commit to the standard configurations. The standards currently are refreshed every six months (May and November). Refresh schedule is subject to change. See currentconfigurations:
http://www.wnpsp.com/index.html. States and other Participating Entities can choose to purchase these ·packages without any signing additional documents.

10. TRADE-IN. Trade-In Programs are the option of the Participating Entity. The Participating Addendum by each State may address the allowance of Trade-Ins.

11. SERVICES. Services are at the option of the Participating Entity. The Participating Addendum by each State may address service agreement terms and related travel.
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12. LEASING. The Discount schedule will indicate if the Contract Vendor provides leasing. Partlcipating Entities may enter in to lease agreements if they have the legal authority to enter into these types of agreements. The Participating Addendum by each State will identify if and how leasing agreement terms will be conducted.

13. FREIGHT, All prices shall be FOB Destination, prepaid and allowed (with freight included in the price), to the address, receiving dock or warehouse as specified on the ordering agency's purchase order, In those situations in which the "deliver-to" address has no receiving dock or agents, the Contract Vendor.must be able to deliver to the person specified on the PO without additional cost.. If there is a special case where inside delivery fee must be charged, the Contract Vendor will notify the customer in advance in order for the customer to determine ifthe additional cost will affect the decision to utilize the Contract Vendor; · ·

14. DELIVERY. Delivery of ordered product should be completed within thirty (30) calendar days after reci,ipt of an order, unless otherwise agreed to by the ordering agency.
25 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

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b.
c.

DEPARTMENT OF ADMINISrRATION

COMPUTER EQUIPMENT
2014-2019

MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD
EXHIBIT B .: PRICING SCHEDULE
Foronline
26 CONTRACT NO. MNWNC-108 MASTER_AGREEMENT AWARD COMPUTEREQUIPMENT DELL MARKETING L. P.

Item 1I - 38
DEPARTMl:.NTOF ADMINISTRATION

COMPUTER EQUIPMENT
2014-2019

COOPERATIVE PURCHASING

ORGANIZATION

MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD

EXHIBIT C - PRODUCT AND SERVICE SCHEDULE (PSS)

1. MAINTAINING THE PSS. The Product and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the WSCA-NASPO Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions.

The Contract Vendor will work to develop a PSS satisfactory to the Lead State prior to the start of sales and containing the following information:
a. Band number
b. Part # - SKU #
c. Manufacturer
d. Description
e. Minimum Discount
f. Category Code (This code will be refined during the approval process) g: Other fields approved by the Lead State

2. CHANGES TO THE PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed.

3. FORMAT: The format for the final product and service schedule will be approved within 30 days of contract award.

Suggested format is provided below:

MANUFACTURER NAME ___________ _ DATE: ___________ _
BASELINE PRICE LIST: ___________ _
LINK: ___________________ _
,'
BAND Part#-SKU# MANUFACTURER DESCRIPTION MINIMUM CATEGORY

DISCOUNT CODE
1 XYZ ABC DESKTOP 60% 1M
2 550 zzzzzzz LAPTOP CART 10% 2TM
3 123A ABC SUPER TABLET 25% 3A .

4. THIRD PARTY PRODUCTS: A list of third party products is to be submitted to the Lead State. Approval must be received from the Lead State prior to adding third party products to the Product and Service Schedule. Master Agreement restrictions of third party products include:
a. Contract Vendors can only offer Third Party Products in the bands they have been awarded. b. Contract-Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. c. The Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and malntenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. ·
d. Any additions to the Third Party Product list must be submitted utilizing the Action Request Form. e. The approved Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved.
27 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

Item 1I - 39

DEPARTMENT OFADMINIS TRATION

COMPUTER EQUIPMENT
2014-2019
COOPERATIVE PUI\CHAS!NG

ORGANIZATION

MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD

EXHIBIT D - WEBSITE

1. IMPLEMENTATION. Within 30 calendar days of Master Agreement award, the Contract Vendor must provide a sample URL of the Master Agreement webpage to the Lead State for review and approval. The Lead State will review and determine acceptabillty of the website format and data. If the information is determined to be unacceptable or incorrect, the Contract Vendor will have 15 calendar days to .provide revisions to the Lead State. Once the website is approved, the Contract Vendor may not make material changes to the website without notifying the Lead State and receiving written approval of the changes utilizing the Actlon Request Form. The Contract Vendor must continue to monitor and update the website throughout the life of the contract. Periodic audits may be conducted to ensure websites are updated and Contract Vendors will be expected to correct deficiencies.

2. WEBSITE CONTENT. The website must be separate from the Contract Vendor's commercially available (i.e., public) on-line catalog and ordering systems. Contract Vendor agrees to pursue design of a website to include the items listed below. The Lead State will review and determine acceptability of the website format and data as stated in Item 1 above.
a. Baseline Price List and historic versions
b. Approved Product and Service Schedule (PSS)
c. Product specifications, pricing, and configuration• aids for the major product categories proposed that can be used to obtain an on-line quote
d. Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved
e. Link to the WSCA-NASPO EmarketCenter
f. Online ordering capability with the abifityto remember multiple ship to locations if applicable to product g. Contact information for order placement, service concerns (warranty and maintenance), problem reporting, and billing concerns
h. Sales representatives for participating entities
L Purchase order tracking
j. Available Twenty-four (24) hours per day, seven (7) days per week availability, except for regularly scheduled maintenance ·
k. Additional Terms may not be posted on the Website without written approval of the Lead State I. Link to the WSCA-NASPO EmarketCenter if a State is participating ·- m. lnformatlon on accessibility and accessible products n. If participating in Premium Savings Package Program, lead With these products and display prominently on the website
o. Links to environmental certification, including but not limited to take-back/recycling programs, p. Information regarding the use of Conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http://www.sec.gov/rules/final/2012/34-67716.pdf q. Service options, service agreements for negotiations when allowed by a partjcipating addendum r. EPEAT, Energy Star, etc.
s. Link to Signed Participating Addendums
t. Link to Signed Master Agreement
u. Link to solicitation and Response

3. TERMINATION Upon termination or expiration of the Master Agreement awarded from this RFP all websites, on-line offering systems and Electronlc Catalog functions supported and/or available as part of the Master Agreement will cease and be removed from public viewing access without redirecting to another website. 28 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

Item 1I - 40
mm j .
tnn,sata

DEPARTMENT OF ADMINISTRATION

COMPUTER EQUIPMENT
2014-2019

MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD

EXHIBIT E -ACTION REQUEST UPDATE FORM (ARF)
The Action Request Form (ARF) provided in this document must be utilized by the Contract Vendor to provide quarterly updates of PSS and to make requests. The Action Request Forms may be reviewed quarterly by the Lead State.

DATE:

ATTN: WSCA-NASPO Master Agreement Administrator
RE: Master Agreement # ____ with ----------------------~<Contract Vendor) Dear WSCA-NASPO Master Agreement Administrator:
__________________ (Contract Vendor) is providing the following update and/or requesting the action noted below.

Action Requested:

Action Log: ______ Verify Log is attached
SELECT ACTION BELOW AND PROVIDE REQUIRED INFORMATION:
_Update of Product & Service Schedule Prcivlde summary of additions, deletions and pricing changes.

NOTE: THISWILL BE A NOTIFICATION OF CHANGES TO THE PSS, APPROVAL WILL NOT BE NEEDED _Quarterly Self Audit Check this box to verify the Quarterly Self Audit has been completed _Third Party Product Addition
_Marketing Approval
_Material Website Change
-. Miscellaneous Inquiry
Provide warranty Guarantee
Attach Materials for review
Describe and·provide link for review
Provide detail (e.g. key contact change, etc.)
The Contract Vendor certifies Products and Services provided meetthe terms and conditions of the Master Agreement and understands they may be audited for compliance. Additional information may be requested upon submission. The Lead State may remove previously approved items throughout the life of the Master Agreement if in the best interest at its sole discretion. ·
Contract Vendor: Name of Requester:

Title of Requester: _____________ _
29 CONTRACT NO. MNWNC:1os MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

Item 1I - 41
·•ta DEPARTMENT OF ADMINISTRATION

COMPUTER EQUIPMENT
2014-2019

MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD

EXHIBIT E - ACTION REQUEST FORM (ARF)

ACTION REQUEST FORM
LOG
Submit updated Action Log with each update. Log must provide history of previous update.

CONTRACT VENDOR: ________ _
Contact Name and Email (for questions): ___________ _
DATE ACTION REQUESTED: DATE

SUBMITTED APPROVED
~
· 30 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

Item 1I - 42
tnn,sata
Df:PARTMENT:OF ADMINISTRATION

COMPUTER EQUIPMENT
2014-2019

MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD

EXHIBIT F - REPORTING

1. OWNERSHIP: Recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive; royalty free, transferable right to display, modify; copy, and otherwise use reports, data and information provided.

2. DUE DATE: Reports shall be due no later than the last day of the month following the end of the calendar quarter.

June 30
Se tember30
December31

3. REQUIRED REPORTS:

ReoortName Submitted to Purpose & Submittal
1 WSCA-NASPO Administrative Fee WSCA- Identify total sales and administrative fee due to WSCA-

NASPO NASPO
1) Go to: htt12://www.nas12o.org/WNCPO/Calculator.as12x 2) Complete all contract report information fields
3) Enter total· sales per State or Select "no sales for quarter'' checkbox
4) Click on Submit button
2 WSCA-NASPO Detailed Sales WSCA- Detailed sales data by line item. Currently via an Excel Report NASPO template. Future MAY involve a portal. No modifications may be made by the Contract Vendor to the template. This report may alsofulfill the reporting requirements of self audits, premium savings sales, and Bring Your Own Device Employee Sales.
3 Participating States Participating Contract Vendor may utilize the detailed sales report to report State to individual States unless otherwise directed by the State.

States may require additional reporting.
4 Participating Addendum Status WSCA- Provides status of Participating Addendums. Excel Template NASPO to be provided by WSCA-NASPO. ·
5 Premium Saving Package (PSP) PSP Lead Additional reporting may be requested; 6 Quarterly Updates of PSS and Self Lead State Utilize the Action Request Form (ARF) Audit
31 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

Item 1I - 43
illit-DEPARTMENT OF ADMINIStRATION

COMPUTER EQUIPMENT
2014-2019

MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD

EXHIBIT G - DEFINITIONS
Acceptance. See Master Agreement Terms regarding Acceptance and Acceptance Testing.

Accessory. Accessories do not extend the functionality ofthe computer, but enhances the user experience i.e., mouse pad, monitor stand. For the purposes of this proposal, accessories are considered peripherals.

Bands: For the purpose of this solicitation, there are six product bands which may be awarded. Each product band includes related peripherals and services. Responders must only respond to Bands in which they manufacture the defined product. Responder may receive an award in one or more bands for which they manufacture a product based on the evaluation.

BAND 1: DESKTOP. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 2) display monitor and 3) input devices usually a keyboard and a mouse. All operating systems for tablets are allowed. Zero Clients, Thin clients, all in ones and workstations will also be included under desktops; Ruggedized equipment may also be included in the Product and Service schedule for this band. ·
BAND 2: LAPTOP. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touch pad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. All operating systems for tablets are allowed. Laptops will include notebooks, ultrabook, mobile thin clients, chromebooks and netbooks. Computers with mobile operating systems will also be included under laptops.

Tablets that have the option to be utilized with a keyboard can be sold in this band. Ruggedized equipment may also be included in the Product and Service Schedule for this band. · BAND 3: TABLET. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. All operating systems for tablets are allowed. Ruggedized equipment may also be included as a category in the Product and Service Schedule for this band.

BAND 4: SERVER. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs ofthe users of other computers on a network. This band also includes server appliances; Server appliances have their hardware and software preconfigured by the manufacturer. It also lhcludes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band.

BAND 5: STORAGE. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included - in the Product and Service Schedule for this band.-
BAND 6: RUGGE:DIZE:D DE:VICE!S Rldggedi;z:ed refeR; te de1.1ices specifically designed te operate r:eliably in harsh usage en•.•irenments and senditiens, sLish as streng ,,,ibr:atiei:is, extreme tempei:atui:es and wet er dListy sonditiens. RLiggedi;z:ed Devises may alse be effereEI ldAEler bands 1 a ef the Master ,t.,greement. BAND 6 REMOVED. RUGGEDIZED EQUIPMENT MAY BE SOLD IN BANDS 1-5, PROVIDED IT MEETS BAND REQUIREMENTS.

Cloud Services. Delivery of computing as a service rather than a product, whereby shared resources, software and information are provided to computers and other devices as a utility over a network, such as the Internet. (Cloud Services including acquisitions structured as managed on-site services are not allowed.) Contract Vendor or Contractor. The manufacturer responsible for delivering products or performing services under the terms and conditions set forth in the Master Agreement. The Contract Vendor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. For the purposes of this RFP, the term Partner will be utilized in naming the relationship a manufacturer has with another company to market and sell the contract. Participating States will have final determination/approval if a Partner may be approved for that state in the role identified by the Contract Vendor. ·
Components. Parts that make up a computer configuration.

Configuration. The combination of hardware and software components that make up the total functioning system.

Desktop. This is Band 1 of this solicitation. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 32 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

Item 1I - 44
2) display monitor and 3) input devices usually a keyboard and a mouse. Desktop virtualization endpoints such as zero and thin clients will also be included under the Desktop Band.

Energy Star®. A voluntary energy efficiency program sponsored by the U.S. Environmental Protection Agency. The Energy Star program makes identification of energy efficient computers easy by labeling products that deliver the same or better performance as comparable models while using less energy and saving money. Energy Star qualified computers and. monitors automatically power down to 15 watts or less when not in use and may actually last longer than conventional products because they spend a large portion of time in a low-power sleep mode. For additional information on the Energy Star program, including product specifications and a list of qualifying products, visit the Energy Star website at http://www.energystar.gov. ·
EPEAT. A system for identifying more environmentally preferable computer desktops, laptops, and monitors. It includes an ANSI standard - the IEEE 1680 EPEAT standard - and website www.epeat.net to identify products manufacturers have declared as meeting the standard. EPEAT provides a clear and consistent set of performance criteria for the design of products. It is not a third-party certification program. Instead, Manufacturers self-certify that their products are in conformance with the environmental performance standard for electronic products.

FOB Destination. Shipping charges are included in the price of the item and the shipped item becomes the legal property and responsibility of the receiver when it reaches its destination unless there is acceptance testing required.

FOB Inside Delivery. Special Shipping arrangements, such as inside delivery, may include additional fees payable by the Purchasing Entity. Any FOB inside delivery must be annotated on the Purchasing Eritity ordering document.

General Consulting. Services related to advising agencies on how best to use information technology to meet business objectives. Examples of such services would include management and administration of IT systems. Each State will have varying laws, rules, policies arid procedures surrounding general consulting which need adherence. Minnesota Statute section 16C,08 defines general consulting for the State of Minnesota. https://www.revisor.mn~gov/statutes/?id=16C.08 Laptop. This is Band 2 of this solicitation. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. Laptop Band may include notebooks, ultrabooks, and netbooks: Computers with mobile operating systems will also be included under the Laptop Band.

Lead State. The State conducting this cooperative solicitation and centrally administering any resulting Master Agreement with the permission of the Signatory States. Minnesota is the Lead State for this procurement and the laws of Minnesota Statute Chapter 16C apply to this procurement.

Manufacturer. A company that, as one of its primary business function, designs, assembles owns the trademark/patent and markets branded computer equipment.

Master Agreement. The underlying agreement executed by and between the Lead State and the Contract Vendor.

Middleware. Middleware is the software "glue" that helps programs and databases (which may be on different computers) work together. Its most basic function is to enable communication between different pieces of software.

Options. An item of equipment or a feature that may be chosen as an addition to or replacement for standard equipment and features. · ·
Order. A purchase order, sales order, or other document used by a Purchasing Entity to order the Equipment.

Participating Addendum. A written statement of agreement signed by the Contract Vendor and a Participating State or other Participating Entity that clarifies the operation of this Master Agreement for the Participating Entity (e.g., ordering procedures specific to a Participating State) and may add other state-specific language or other requirements. A · Participating Addendum evidences the Participant's willingness to purchase and the Contract Vendor's willingness to provide equipment under the terms and conditions of this Master Agreement with any and all exceptions noted and agreed upon.

Participating States. States that utilize the Master Agreement established by the RFP and enter into a Participating Addendum which further defines their participation. ·
Participating Entity. A Participating State, or other legal entity, properly authorized by a Participating State to enter into the Master Agreement through a Participating Addendum and that authorizes orders from the Master Agreement by Purchasing Entities. Under the WSCA-NASPO program; in some cases, local governments, political subdivisfons or other entities ln a State may be authorized by the chief procurement official to execute its own Participating Addendum where a Participating Addendum is not executed by the chief procurement official for that state that covers local governments, political subdivisions, or other government entities in the state.

Partner. A company, authorized by the Contract Vendor and approved by the Participatlng State, to provide marketing, support, or other authorized contract services on behalf of the Contract Vendor in accordance with the terms and conditions of the Contract Vendor's Master Agreement. In the RFP, Partner is the term that is used to call out the many different relationships a manufacturer may have with another company to market their product including, but not limited to agents, subcontractors, partners, fulfillment partners, channel partners, business partners, servicing subcontractor, etc.

Peripherals. A peripheral means any hardware product that can be attached to, added within or networked with personal computers, servers and storage. Peripherals extend the functionality of a computer without modifying the core components of the system. For the purposes of this proposal, peripherals are defined as including accessories.

Peripherals may be manufactured by a third party, however, Contract Vendor shall not offer any peripherals manufactured by another Contract Vendor holding a Master Agreement. The Contract Vendors shall provide the warranty service and 33 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

Item 1I - 45
maintenance for all peripherals on the Master Agreement. Examples of peripherals/accessories/options: Include but are not limited to: printers, monitors, multifunction printers, audiovisual equipment, instructional equipment, cabling, modems, networking to support server, storage and client applications such as routers, switches. Software is an option which must be related to the purchase of equipment and subject to configuration limits. Third party products are allowed to be offered as peripherals/accessories/options and may be offered in any related band.

Per Transaction Multiple Unit Discount. A contractual volume discount based on dollars in a single purchase order or combination of purchase orders submitted at one time by a Participating Entity or multiple entities conducting a cooperative purchase.

Premium Savings Packages. Deeply discounted standard configurations available to Purchasing Entities using the Master Agreement. This specification includes a commitment to maintain and upgrade (keep pace with the advance of technology) the standard configurations for a stated period of time or intervals. WSCA-NASPO reserves the right to expand and modify the PSP throughout the life of the contract. See http://www.wnpsp.com/index.html. · Purchasing Entity - means a state, city,· county; district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues an order against the Master Agreement and becomes finahclally committed to the purchase.

Ruggedized. This was band 6 of this solicitation. Ruggedized refers to equipment specifically designed to operate reliably in harsh usage environments and condltions, such as strong vibrations, extreme temperatures and wet or dusty conditions.

Services. Broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Agreement. These types of services may include, but are not limited to:
warranty services, maintenance, installation, de-installation, factory integration {software or equipment components), asset management, recycling/disposal, training andcertificatioh, pre-implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. Contract Vendors may offer, but participating States and entities do not have to accept, limited professional services related ONLY to the equipmenland configuration of the equipment purchased through the resulting contracts. EACH PARTICIPATING STATE DETERMINES RESTRICTIONS AND NEGOTIATES TERMS FOR SERVICES.

Server. This is Band 4 of this solicitatron. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This bahd also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. .

Storage. This is Band 5 of this solicitation. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band.

Storage Area Network. A storage area network (SAN) is a high-speed special-purpose network (or subnetwork) that interconnects different kinds of data storage devices with associated data servers on behalf of a larger network of users.

Storage as a Service (STaaS). An architecture model by which a provider allows a customer to rent or lease storage space on the provider's hardware infrastructure on a subscription basis. E.g., manage onsite or cloud services.

Software. For the purposes of this proposal, software is commercial operating off the shelf machine-readable object code instructions including microcode, firmware and operating system software that are preloaded on equipment. The term "Software" applies to all parts of software and documentation, including new releases, updates, and modifications of software. · · ·
Tablet This is Band 3 of this solicitation. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. Tablet band may lnclude notebooks, ultrabooks, and netbooks that are touchscreen capable:

Takeback Program. The Contract Vendor's process for accepting the return of the equipment or other products at the end of life.

Third Party Products. Products sold by the Contract Vendor which are manufactured by another company.

Upgrade. Refers to replacement of existing software, hardware or hardware component with a newer version.

Warranty. The Manufacturers general warranty tied to the product at the time of purchase.

Wide Area Network or WAN. A data network that serves users across a broad geographic area and often uses transmission devices provided by common carriers.

WSCA-NASPO. The WSCA-NASPO cooperative purchasing program, facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC, a 501 (c)(3) limited liability company that is a subsidiary organization of the Natlonal Association of State Procurement Officials (NASPO). The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state Ghief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states and the District of Columbia. The WSCA-NASPO Cooperative Development Team is identified in the Master Agreement as the reclpient of reports and may be performing contract administration functions as assigned by the Lead State Contract Administrator. 34 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P.

STATE OF MINNESOTA
Office of State Procurement
112 Administration Building
50 Sherburne Avenue
St. Paul, MN 55155
Voice: 651.296.2600
Fax: 651.297.3996
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 May 12, 2022

Renee Brand
Dell Marketing L.P.

One Dell Way
Mailstop RR1-33 Legal
Round Rock, TX 78682

Dear Ms. Brand:

Amendment No. 4 to NASPO Master Agreement No. MNWNC-108 is enclosed for you to complete and return.

Using the DocuSign process, please have the attached document(s) signed and routed for the State’s execution by May 20, 2022.

If the Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company.

If you have any questions, please feel free to contact me.

Sincerely,

Andy Doran
IT Acquisitions Supervisor
Enclosure(s)

cc: Cyndi Radel
Greg Garritty
Mike Hendrix

DocuSign Envelope ID: 3299F8E0-2A57-4746-A209-8989619C2878 Item 1I - 46
m~ DEPARTMENT ,OF
11 ADM !INISTRATION

STAH PROCUREMEN T A
NASPO
ValuePointTM

Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 4 to NASPO Master Agreement MNWNC-108
AMENDMENT NO. 4 TO NASPO MASTER AGREEMENT NO. MNWNC-108 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 (“Contractor” or “Contract Vendor”).

WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-108, April 15, 2015, through July 31, 2022 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn.

Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract.

NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows:

1. That NASPO Master Agreement No. MNWNC-108 is extended through February 28, 2023, at the same prices, terms, and conditions.

This Amendment is effective beginning August 1, 2022, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first.

Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby.

1. Dell Marketing L.P.

The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as
required by applicable articles, bylaws, resolutions, or ordi
nances.

By:

Signature
Printed Name
Title:

Date:

By:

Signature
Printed Name
Title:

Date:

2. Office of State Procurement
In accordance with Minn. Stat. § 16C.03, subd. 3.

By:

Title: Acquisition Management Specialist
Date:

3. Com
missioner of Administration
Or delegated representative.

By:

Date:

DocuSign Envelope ID: 3299F8E0-2A57-4746-A209-8989619C2878 5/26/2022
Contract Administrator
Alyssa Sayles
5/26/2022
5/26/2022
Item 1I - 47
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742DE739C8ED492
68D02A26D7604BA
Item 1I - 48

PARTICIPATING ADDENDUM
NASPO ValuePoint Cooperative Purchasing Program

COMPUTER EQUIPMENT MASTER AGREEMENT
Minnesota Master Agreement No.: MNWNC-108
California Participating Addendum No. 7-15-70-34-003
DELL MARKETING, L.P. (Contractor)
This Participating Addendum Number 7-15-70-34-003 is entered into between the State of California, Department of General Services (hereafter referred to as "State" or "DGS") and Dell Marketing, L.P. (hereafter referred to as "Contractor") under the NASPO ValuePoint Cooperative Purchasing Program Master Agreement Number MNWNC-108 ("Master Agreement") executed by the State of Minnesota.

1. Scope
A. This Participating Addendum covers the purchase of Computer Equipment under the Master Agreement for the following product bands:

Band 1 - Desktop
Band 2 - Laptop
Band 3- Tablet
Band 4 - Server
Band 5 - Storage
B. This Participating Addendum is available for use by California political subdivisions/local governments (hereafter referred to as "Purchasing Entities"). A political subdivision/local government is defined as any city, county, city and county, district, or other local governmental body or corporation, including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds.

C. Political subdivision/local government use of this Participating Addendum is optional. Each political subdivision/local government is to make its own determination whether this Participating Addendum and the Minnesota Master Agreement are consistent with its procurement policies and regulations.

D. Participating Entities may enter into lease agreements for the products covered in the Master Agreement, if they have the legal authority to enter into these types of agreements.

2. Term
A. The term of this Participating Addendum shall begin upon signature approval by the State and will end March 31, 2017, or upon termination by the State, whichever occurs first.

B. Lead State amendments to extend the Master Agreement term date are automatically incorporated into this Participating Addendum unless terminated early in accordance with the terms and conditions of the Master Agreement or this Participating Addendum.