Palm Springs City Council
September 29, 2022

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CITY OF PALM SPRINGS, CALIFORNIA
www.palmspringsca.gov

REGULAR MEETING AGENDA
3:30 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 29, 2022

3:30 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

3:30 P.M. CLOSED SESSION

CALL TO ORDER (Council Chamber):

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: The City Council welcomes public input. Members of the public may address the City Council by contacting the City Clerk at 760-323-8204 prior to the start of 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:

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 29, 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. TREASURER’S INVESTMENT REPORT AS OF JULY 31, 2022
RECOMMENDATION:

Receive and File Treasurer’s Investment Report as of July 31, 2022.

C. 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 08-06-22 AND 08-20-22 TOTALING $4,060,133.18 AND ACCOUNTS PAYABLE WARRANTS DATED 08-04-22 AND 08-18-22 TOTALING $11,581,741.83, IN THE AGGREGATE AMOUNT OF $15,641,875.01, DRAWN ON BANK OF AMERICA.”

D. SECOND READING AND ADOPTION OF ORDINANCE NO. 2065 AUTHORIZE ANNEXATION NO. 24 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2065 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).”

September 29, 2022 City Council Regular Meeting Agenda 3

E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2066 AUTHORIZE ANNEXATION NO. 25 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2066 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).”

F. RATIFY THE NOMINATION OF RIVERSIDE COUNTY REPRESENTATIVE TO THE

PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR A TERM ENDING JUNE 30, 2023
RECOMMENDATION:

Appoint Paul Slama, as the Riverside County representative, to the Palm Springs International Airport Commission effective immediately for a term ending June 30, 2023.

G. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JULY 1 THROUGH JULY 30, 2022
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of July 1 through July 30, 2022.

H. ACCEPTANCE OF THE AIRPORT DEMONSTRATION GARDEN, CITY PROJECT 21-13
RECOMMENDATION:

Accept the public works improvement identified as Airport Demonstration Garden, City Project No. 21-13 (“Project”), as completed in accordance with the plans and specifications.

1. Authorize the City Engineer to execute and file the Riverside County Notice of Completion for the Airport Demonstration Garden, City Project No. 21-13.

2. I. ACCEPTANCE OF DEMUTH AND DESERT HIGHLAND PARK RESTROOM PROJECT, CITY PROJECT 20-30
RECOMMENDATION:

Accept the public works improvement identified as Demuth and Desert Highland Park Restroom, City Project No. 20-30 (“Project”), as completed in accordance with the plans and specifications.

1. Authorize the City Engineer to execute and file for recordation with the Riverside2.

September 29, 2022 City Council Regular Meeting Agenda 4 County Recorder a Notice of Completion for Demuth and Desert Highland Park Restroom, City Project No. 20-30.

J. ACCEPTANCE OF $6,569,942 IN MATCHING GRANT FUNDS FROM THE

CALIFORNIA STATE LIBRARY UNDER THE BUILDING FORWARD GRANT

PROGRAM FOR THE PALM SPRINGS PUBLIC LIBRARY RENOVATION
RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE GRANT

APPLICATION, ACCEPTANCE, AND EXECUTION OF THE GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET ACT OF 2021 (SB 129).

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

K. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZE TO BID THE AIRPORT COMMON USE PODIUMS – BONO CONCOURSE, CITY PROJECT NO. 21-28
RECOMMENDATION:

Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Airport Common Use Podiums – Bono Concourse, City Project No. 21-28 (“The Project”).

L. APPROVAL OF CONTRACT SERVICE AGREEMENTS WITH AMTECH ELEVATOR SERVICES AND WESTERN PUMP, INC., IN A TOTAL AMOUNT NOT TO EXCEED $11,030
RECOMMENDATION:

Approve a Contract Services Agreement with Amtech Elevator Services, a California corporation, for an elevator maintenance management system and preventative maintenance program for the Police Department elevator, for an initial one-year term in the amount of $7,580 beginning October 1, 2022, through September 30, 2023, with two one-year optional extensions.

1. Approve a Contract Services Agreement with Western Pump, Inc., a California corporation, for training and inspection of its underground storage tank located at the Palm Springs Police Department in the amount of $3,450 beginning October 1, 2022, through September 30, 2023.

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

M. CONTRACT AWARD WITH CONVERGINT TECHNOLOGIES – AIRPORT

SECURITY ACCESS CONTROL SYSTEMS AND VIDEO MANAGEMENT SYSTEM

SERVICES AND SUPPORT AGREEMENT
RECOMMENDATION:

Approve a Contract Services Agreement with Convergint Technologies, LLC to provide labor and materials for the security access control system (SACS) and video management system services and support for a three-year initial term (with two one-year extension options as defined in the agreement) in an amount not to exceed $300,000 for the initial term .

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

September 29, 2022 City Council Regular Meeting Agenda 5

N. APPROVE THE DONATION OF A 1955 HUMBER PIG TO THE SAN DIEGO POLICE MUSEUM
RECOMMENDATION:

Waive the surplus equipment bid and auction requirements of 7.07.020 (3) of the Municipal Code and approve the donation of the surplus 1955 Humber Pig to the San Diego Police Museum.

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

O. APPROVAL OF AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-23
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1

TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033.”

1. Authorize the City Manager to execute all documents necessary to effectuate this action.

2. P. AMEND RESOLUTION NO. 24969, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING JOINT APPLICATION TO AND PARTICIPATION IN THE HOMEKEY 2 PROGRAM”,

ADDING ADDITIONAL SIGNATORIES TO EXECUTE DOCUMENTS
RECOMMENDATION:

1. Amend Resolution No. 24969, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING JOINT APPLICATION TO AND PARTICIPATION IN THE HOMEKEY 2 PROGRAM” to add additional signatories to execute documents.

2. Authorize the City Manager, Interim City Manager, Assistant City Manager, and Deputy City Manager to execute all necessary documents, including making minor, non-substantive changes.

Q. ACCEPTANCE OF $146,000 IN GRANT FUNDING FROM THE CALIFORNIA

OFFICE OF TRAFFIC SAFETY FOR A SELECTIVE TRAFFIC ENFORCEMENT

PROGRAM TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS TO

THE PUBLIC
RECOMMENDATION:

Accept $146,000 in grant funding from the California Office of Traffic Safety for a Selective Traffic Enforcement Program for 2022/2023.

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

September 29, 2022 City Council Regular Meeting Agenda 6

R. APPROVAL OF AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC., A CALIFORNIA CORPORATION (A6594), IN THE AMOUNT OF $7,508.53 FOR THE SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT AT TAHQUITZ CREEK CHANNEL, CITY PROJECT NO. 12-02, FEDERAL AID PROJECT NO. BRLS-5282 (042)
RECOMMENDATION:

Approve Amendment No. 5, in the amount of $7,508.53, to Professional Services Agreement No. 6594, for a new not-to-exceed amount of $1,267,649.45 with CNS Engineers, the South Palm Canyon Bridge Replacement at Tahquitz Creek Channel, City Project No. 12-02, Federal Aid Project No. BRLS-5282(042).

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

S. APPROVAL OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC., A CALIFORNIA CORPORATION (A6191B), IN THE AMOUNT OF $252,412.71, FOR THE VISTA CHINO LOW-WATER CROSSING BRIDGE AT THE WHITEWATER RIVER, CITY PROJECT NO 10-10, FEDERAL AID PROJECT NO. BR-NBIL (513)
RECOMMENDATION:

Approve Amendment No. 1, in the amount of $252,412.71, to Professional Services Agreement No. 6191B, for a new not to exceed amount of $4,714,498.04 with CNS Engineers, for Vista Chino Low-Water Crossing Bridge at the Whitewater River, City Project No. 10-10, Federal Aid Project No BR-NBIL513.

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

T. APPROVE A THREE-YEAR AGREEMENT WITH SIMPLIFY COMPLIANCE LLC TO

PROVIDE EMPLOYEE HEALTH AND SAFETY MANAGEMENT COMPLIANCE

SOFTWARE
RECOMMENDATION:

Approve a three-year agreement with Simplify Compliance LLC to provide employee health and safety management compliance software for an amount not to exceed $20,131 per year, subject to amendments and allowable inflation adjustments.

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

September 29, 2022 City Council Regular Meeting Agenda 7

U. APPROVAL OF FOUR (4) THREE-YEAR LEASE AGREEMENTS WITH YAMAHA MOTOR FINANCE CORPORATION, U.S.A., FOR ONE HUNDRED FIFTY-TWO (152) AC ELECTRIC GOLF CARS, TWO (2) YU2A BISTRODLX BEVERAGE CARS, ONE (1) YU1A SUPERHAULER, AND SIX (6) DR2AWXSHLR UTILITY UNITS TO SERVE THE PALM SPRINGS TAHQUITZ CREEK “LEGENDS” AND “RESORT”

GOLF COURSES
RECOMMENDATION:

Approve a three-year lease of 152 DR2E AAC Yamaha golf cars for the Tahquitz Creek Golf Courses through Yamaha Motor Finance Corporation, U.S.A., through Equipment Lease Schedule No. 214016, for a monthly cost of $12,670.38, and a total lease payment of $456,133.61.

1. Approve a three-year lease of two (2) YU2A BISTRODLX Yamaha beverage cars for the Tahquitz Creek Golf Courses through Yamaha Motor Finance Corporation, U.S.A., through Equipment Lease Schedule No. 214017, for a monthly cost of $817.41, and a total lease payment of $29,426.71.

2. Approve a three-year lease of six (6) YU1A Yamaha utility units for the Tahquitz Creek Golf Courses through Yamaha Motor Finance Corporation, U.S.A., through Equipment Lease Schedule No. 214018, for a monthly cost of $1,037.33, and a total lease payment of $37,343.84.

3. Approve a three-year lease of one (1) DR2AWXSHLR Yamaha superhauler for the Tahquitz Creek Golf Courses through Yamaha Motor Finance Corporation, U.S.A., through Equipment Lease Schedule No. 214019, for a monthly cost of $271.76, and a total lease payment of $9,783.34.

4. Authorize the City Manager to execute all necessary documents.5.

V. APPROVE THE PURCHASE OF UNMANNED AERIAL SYSTEM (UAS) INCLUDING

CAMERA, SPOTLIGHT AND ACCESSORIES
RECOMMENDATION:

Approve the purchase of a DJI Matrice 300 RTK Unmanned Aerial System in the amount of $35,161.02.

W. APPROVAL OF A THREE-YEAR SERVICE AGREEMENT WITH UPBEAT PARADE PRODUCTION LLC, IN THE AMOUNT OF $147,000 FOR THE PRODUCTION OF

THE VETERANS DAY PARADE AND THE FESTIVAL OF LIGHTS PARADE TO COVER SPECIAL EVENTS HELD IN 2022-2024
RECOMMENDATION:

1. Approve a three-year service agreement (Agreement No. 9152) to Upbeat Parade Production, LLC, a California corporation, in the amount of $147,000.

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

September 29, 2022 City Council Regular Meeting Agenda 8

X. ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA AND APPROVE AN

EXPENDITURE PLAN AND APPROPRIATION
RECOMMENDATION:

Accept the State of California Supplemental Enforcement Services Account Grant (SLESA) and Expenditure Plan.

1. Direct the Director of Finance/City Treasurer to fund the appropriation.2.

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

Y. REQUEST BY PS BOTTLE SHOP, LLC FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A TYPE 42 (ON-SALE BEER &

WINE) LIQUOR LICENSE FOR A BEER AND WINE TASTING ROOM AND

CATERING SERVICES IN CONJUNCTION WITH THE FOOD MARKET AND EXISTING TYPE 20 LIQUOR LICENSE LOCATED WITHIN THE MOJAVE FLEA TRADING POST AT 383 NORTH INDIAN CANYON DRIVE, ZONE C-B-D (CASE

5.1564 PCN)
RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT THE PUBLIC

CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 42 FOR PS BOTTLE SHOP, LLC LOCATED AT 383 NORTH INDIAN CANYON DRIVE WITHIN CENSUS TRACT NUMBER 446.06 (CASE 5.1564 PCN).”

Z. APPROVAL OF A PURCHASE ORDER TO DUDEK FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR THE PALM CANYON

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

Award a Purchase Order in the amount not to exceed $196,000 with Dudek, pursuant to the City’s “on-call” agreement (A8566), for construction management and inspection services for the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements, City Project No. 17-07.

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

AA. ACCEPTANCE OF THE COMMUNITY IMPROVEMENT DESIGNATION AWARD IN THE AMOUNT OF $5,000 FOR THE PARKS & RECREATION
DEPARTMENT’S “YOUTH ENCOURAGEMENT PROGRAM” AT JAMES O.

JESSIE DESERT HIGHLAND UNITY CENTER
RECOMMENDATION:

Authorize the acceptance of the CID award in the amount of $5,000 for the “Youth Encouragement Program” at James O. Jessie Desert Highland Unity Center.

BB. APPROVAL OF A PURCHASE AND SALE AGREEMENT OF REAL PROPERTY September 29, 2022 City Council Regular Meeting Agenda 9 BB. APPROVAL OF A PURCHASE AND SALE AGREEMENT OF REAL PROPERTY WITH GRAY1 DEL MAR, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,

FOR PARCELS OF UNIMPROVED REAL PROPERTY WITHIN THE
BOUNDARY OF TENTATIVE TRACT MAP 37309 GENERALLY LOCATED AT

INTERSECTION OF ZANJERO ROAD AND ROCHELLE ROAD
RECOMMENDATION:

Approve an Agreement, an Agreement for Purchase and Sale of Real Property with Gray1 Del Mar, LLC, a California limited liability company, including a provision for right of first refusal.

1. Authorize the City Manager to execute any and all appropriate and related documents in order to effectuate the purchase and sale.

2. CC. APPROVE SIX-YEAR AGREEMENTS WITH DAILEY AND WELLS COMMUNICATIONS, INC (A9213) AND RIVCOMM, INC. (A9214) FOR RADIO

AND INSTALLATION SERVICES
RECOMMENDATIONS:

Approve Contract Service Agreement A9213 (Attachment A-1) with Dailey and Wells Communications, Inc. to provide radios and installation services for the Police Department for a six-year term in an amount not to exceed $2,072,907.43, beginning October 1, 2022 through September 30, 2028.

1. Approve Contract Service Agreement A9214 (Attachment A-2) with Rivcomm, Inc. to provide radios and installation services for the Airport and other City departments for a six-year term in an amount not to exceed $255,139.03, beginning October 1, 2022 through September 30, 2028.

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

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

2. PUBLIC HEARINGS:

A. AN APPLICATION BY CARLOS SERRAO AND MONICA MAY, OWNERS, FOR HISTORIC DESIGNATION OF “THE ROBSON CHAMBERS RESIDENCE” LOCATED AT 695 SOUTH WARM SANDS DRIVE, (APN #508-216-002), CASE HSPB #143
RECOMMENDATION:

Open the Public Hearing and receive public testimony.1.

2. Close the public hearing and adopt a Resolution entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DESIGNATING “THE ROBSON CHAMBERS
RESIDENCE” LOCATED AT 695 SOUTH WARM SANDS DRIVE AS
CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #143, SUBJECT TO CONDITIONS (APN 508-216-002).”

3. BUSINESS & LEGISLATIVE:

September 29, 2022 City Council Regular Meeting Agenda 10

A. REVIEW AND DISCUSSION OF VACATION RENTAL WORKGROUP

RECOMMENDATIONS
RECOMMENDATION:

Provide direction to staff for drafting vacation rental ordinance revisions.

B. DISCUSSION OF THE PARKLET PROGRAM AND OUTDOOR DINING

REQUIREMENTS
RECOMMENDATION:

Discuss policies related to parklets and outdoor dining and provide direction to Staff.

C. CONSIDERATION AND POSSIBLE INTRODUCTION OF AN ORDINANCE

ADJUSTING CITY COUNCIL AND MAYORAL SALARIES AND A RESOLUTION

ESTABLISHING AN AUTOMOBILE STIPEND
RECOMMENDATION:

Consider Introduction (First Reading) of an Ordinance entitled, “AN

ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 2.04.020 AND 2.04.021, AND ADDING A NEW SECTION 2.04.022, OF THE PALM SPRINGS MUNICIPAL CODE,

MODIFYING COMPENSATION FOR THE MAYOR AND MEMBERS OF
THE CITY COUNCIL.”

1. Consider adoption of a Resolution entitled, "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR AN AUTOMOBILE ALLOWANCE FOR CITY COUNCILMEMBERS,"
establishing an automobile allowance.

2. 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.

ADJOURNMENT:

September 29, 2022 City Council Regular Meeting Agenda 11

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

City of Palm Springs )

I, Monique M. Lomeli, Chief 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 September 23, 2022, and posted on the City’s website as required by established policies and procedures.

____________________________
Monique M. Lomeli, CMC
Chief 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 29, 2022 City Council Regular Meeting Agenda 12

CITY COUNCIL STAFF REPORT
09/29/2022

City Clerk -

SUBJECT
3:30 P.M. CLOSED SESSION
Attachments
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 29, 2022 – 3:30 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)

Three (3) 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 three (3) 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: Teresa Gallavan, Interim 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: Teresa Gallavan, Interim City Manager Negotiating Parties: Gray1 Del Mar, LLC
Under Negotiation: Price and Terms of Payment

Closed Session Agenda
September 29, 2022

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

Property Description: Palm Springs Airport Property
Agency: City of Palm Springs
City Negotiator: Teresa Gallavan, Interim City Manager Negotiating Parties: Air Canada, American, Alaska, Delta, Southwest, united, Westjet Under Negotiation: Price and Terms of Payment

Property Description: 3400 Tahquitz Canyon Way, Palm Springs (portions of PSP Airport) Agency: City of Palm Springs
City Negotiator: Teresa Gallavan, Interim City Manager Negotiating Parties: Chief Planning and Development Officer, Agua Caliente Band of Cahuilla Indians
Under Negotiation: Price and Terms of Payment

CONFERENCE WITH LABOR NEGOTIATIORS G.C. §54957.6

City Negotiators: Teresa Gallavan, Interim City Manager Jeremy Hammond, Deputy City Manager
Stephanie George, Human Resources Director
Employee Organization: Public Employees Association of Palm Springs (PEAPS) Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)
Executives

PUBLIC EMPLOYEE APPOINTMENT G.C. § 54957

Title: City Manager

CITY COUNCIL STAFF REPORT
09/29/2022   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 29, 2022 CONSENT CALENDAR

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

FROM: Teresa Gallavan, Interim City Manager

BY: Brenda Pree, 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, C ommission, 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 measures 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.

City Council Staff Report
September 29, 2022 -- Page 2
Virtual Meetings Under AB 361

As such, City S taff and the City Attorney recommend that t he 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 is no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Brenda Pree
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan

CITY COUNCIL STAFF REPORT
09/29/2022   1. B.

City Clerk -

SUBJECT
TREASURER’S INVESTMENT REPORT AS OF JULY 31, 2022
RECOMMENDATION:

Receive and File Treasurer’s Investment Report as of July 31, 2022.

Attachments
Item 1B

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 29, 2022 CONSENT CALENDAR

SUBJECT: TREASURER’S INVESTMENT REPORT AS OF JULY 31, 2022

FROM: Teresa Gallivan, Interim City Manager

BY: Department of Finance and Treasury

SUMMARY:

Attached is the Treasurer' s Invest ment Re port as o f July 31 , 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 securities is $378,780,808. There is an additional $7,574,992 held by a fiscal agent for bond issue reserves, debt service, and related funds. There are other miscellaneous cash accounts that hold $1,293,584.

RECOMMENDATION:

Receive and File Treasurer’s Investment Report as of July 31, 2022.

STAFF ANALYSIS:

The attached repo rt includes 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 470. The maximum WAM allowed by the Inv estment Poli cy is 1,0 95 days. The current p ortfolio 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.

REVIEWED BY:

Department Director: Nancy Pauley
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Treasurer’s Investment Reports.

CITY OF PALM SPRINGS

TREASURER'S MONTHLY REPORT

SUMMARY OF INVESTMENTS
July 31, 2022
Adjusted Basis Category Total Percentage of Total
On Call Deposits
Checking Account - Bank of America 9,573,110
Wells Fargo Custody 46,173,548
CalTrust Short Term 38,682,045
LAIF State Pool 72,781,618 167,210,321$ 44. 12%

Short Term Investments - Union Bank
(1 year or less)
U.S. Government Agencies 45,385,927 45,385,927 11.98%
Medium Term Investments - Union Bank
(1 year to 5 years)
U.S. Government Agencies 108,576,770 108,576,770 28.65% Corporate Bonds/Obligations - Union Bank (5 years or less) Corporate Bonds 46,284,859 46,284,859 12.21%
Supernational (5 years or less) 10,003,425 10,003,425 2.64% Negotiable Certificates of Deposit - Union Bank
(5 years or less)
FDIC-Insured CD's 1,500,000 1,500,000 0.40%
Total Cash and Marketable Securities 378,961,302$ 100.00% Adjustments from prior month (180,494)
Ending Cash Balance: 378,780,808$
1

Portfolio Composition Portfolio Liquidity
Investment Type Cost Basis Aging Interval* Par Value Investment Type % of Portfolio U.S. Government Agencies 153,962,697 Overnight 167,210,321 U.S. Government Agencies 40.6% LAIF State Pool 72,781,618 Less than 1 Year 48,441,407 LAIF State Pool 19.2% CalTrust Short Term 38,682,045 1 - 2 Years 50,401,785 CalTrust Short Term 10.2% Checking/Custody 55,746,658 2 - 3 Years 39,857,273 Checking Account 14.7% Supranational 10,003,425 3 - 4 Years 31,418,543 Supranational 2.6% Corporate Bonds/Obligations 46,284,859 4 - 5 Years 41,631,973 Corporate Bonds/Obligations 12.2% Certificates of Deposit 1,500,000 TOTAL 378,961,302$ Certificates of Deposit 0.4% TOTAL 378,961,302$
*To maturity (does not include call date)
100.00%

CITY OF PALM SPRINGS

TREASURER'S MONTHLY REPORT

PORTFOLIO STATISTICS
July 31, 2022
U.S. Government Agencies

40.6%
LAIF State Pool

19.2%
CalTrust Short
Term

10.2%
Checking/Custody

14.7%
Supranational

2.6%
Corporate
Bonds/Obligations

12.2%
Certificates of
Deposit

0.4%
$167,210,321
$48,441,407 $50,401,785
$39,857,273
$31,418,543
$41,631,97
3 2

TREASURER'S MONTHLY REPORT

DETAIL OF INVESTMENTS
July 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 July 31, 2022 June 30, 2021 On Call Deposits
Checking - Bank of America 9,573,110 N/A N/A Demand 1 None 9,573,110 9,573,110 12,193,242 Wells Fargo Custody 46,173,548 variable N/A Demand 1 None 46,173,548 46,173,548 45,135,809 CalTrust ShortTerm 38,682,045 variable N/A Demand 1 0.03% 38,682,045 38,682,045 50,739,422 Local Agency Invest Fund (LAIF) 72,781,618 variable N/A Demand 1 0.04% 72,781,618 72,781,618 72,645,610 167,210,321 167,210,321 167,210,321 180,714,083
Short Term Investments (1 year or less)
US Agency Securities
US Treasury Notes 3,050,000 1.50% Aaa / AA+ 03/24/20 08/15/22 15 1.50% 3,132,922 3,049,222 3,050,192 US Treasury Notes 3,050,000 1.63% Aaa / AA+ 03/24/20 08/15/22 15 1.63% 3,141,619 3,049,369 3,050,662 Federal National Mortgage Association 3,000,000 1.38% Aaa / AA+ 03/20/20 09/06/22 37 1.38% 3,054,180 2,997,528 2,997,918 Federal National Mortgage Association 3,000,000 2.00% Aaa / AA+ 03/20/20 10/05/22 66 2.00% 3,092,160 2,997,609 2,998,596 US Treasury Notes 1,685,000 1.38% Aaa / AA+ 09/04/20 10/15/22 76 1.28% 1,729,034 1,681,724 1,681,585 US Treasury Notes 3,175,000 1.50% Aaa / AA+ 03/24/20 01/15/23 168 1.50% 3,271,366 3,155,404 3,157,388 Federal National Mortgage Association 3,000,000 2.38% Aaa / AA+ 03/20/20 01/19/23 172 2.38% 3,134,100 2,991,813 2,998,260 US Treasury Notes 1,685,000 1.75% Aaa / AA 09/04/20 01/31/ 23 184 1.31% 1,750,294 1,675,456 1,676, 706 Federal Home Loan Bank 3,000,000 1.38% Aaa / AA+ 03/20/20 02/17/23 201 1.38% 3,052,314 2,975,214 2,975,334 US Treasury Notes 3,175,000 1.50% Aaa / AA+ 03/24/20 02/28/23 212 1.50% 3,275,459 3,149,326 3,149,698 US Treasury Notes 3,175,000 0.50% Aaa / AA+ 03/24/20 03/15/23 227 0.50% 3,184,302 3,127,251 3,125,762 US Treasury Notes 3,175,000 1.50% Aaa / AA+ 03/24/20 03/31/23 243 1.50% 3,277,443 3,144,491 3,144,241 US Treasury Notes 2,500,000 2.50% Aaa / AA 09/04/20 04/15/23 258 1.33% 2,507,324 2,452,148 2,449,318 Federal Home Loan Mortgage Corporation 2,500,000 2.50% Aaa / AA+ 09/04/20 06/26/23 330 2.34% 2,500,775 2,436,665 2,433,265 Federal Home Loan Mortgage Corporation 2,790,000 2.50% Aaa / AA+ 07/10/20 07/10/23 344 2.50% 2,784,002 2,717,692 2,716,118 US Treasury Notes 2,500,000 1.25% Aaa / AA 09/04/20 07/15/23 349 1.44% 2,498,633 2,433,105 2,428,905 44,460,000 45,385,927 44,034,017 44,033,948
Medium Term Investments (1 year to 5 years)
US Agency Securities
Federal Home Loan Mortgage Corporation 2,075,000 2.50% Aaa / AA+ 08/19/20 08/24/23 389 2.50% 2,072,884 2,015,881 2,013,331 US Treasury Notes 2,000,000 1.25% Aaa / AA 06/25/21 09/15/23 411 0.30% 1,992,422 1,937,578 1,934,062 US Treasury Notes 2,200,
000 1.25% Aaa / AA 06/29/21 10/15/23 441 0.31% 2,190,805 2,127,039 2,122,226 Federal Home Loan Mortgage Corporation 3,000,000 1.25% Aaa / AA+ 10/16/20 10/16/23 442 2. 50% 2,988,810 2,899,707 2,895,279
Federal Home Loan Mortgage Corporation 2,365,000 2.50% Aaa / AA+ 12/02/20 12/04/23 491 2.50% 2,362,659 2,281,447 2,277,391 US Treasury Notes 4,000,000 3.13% Aaa / AA+ 06/13/22 01/15/24 533 2.93% 3,815,469 3,838,908 3,832,032 US Treasury Notes 3,200,000 0.13% Aaa / AA 12/28/21 02/15/24 564 0.75% 3,157,500 3,064,998 3,059,376 Federal Home Loan Bank 4,000,000 3.23% Aaa / AA+ 06/13/22 03/08/24 586 1.40% 4,000,960 4,017,992 4,020,092 ``` US Treasury Notes 4,000,000 3.21% Aaa / AA+ 06/13/22 04/15/24 624 2.95% 3,799,375 3,829,688 3,821,564 US Treasury Notes 1,250,000 0.25% Aaa / AA 06/09/21 06/15/24 685 0.31% 1,247,754 1,189,503 1,186,378 US Treasury Notes 3,000,000 0.75% Aaa / AA 12/09/21 11/15/24 838 0.75% 2,981,836 2,858,436 2,846,952 Federal Home Loan Bank 3,000,000 1.25% Aaa / AA+ 01/24/22 12/20/24 873 1.40% 2,978,610 2,864,127 2,851,947 Federal Farm Credit Banks Funding Corp 3,000,000 1.26% Aaa / AA+ 01/24/22 01/06/25 890 1.26% 2,988,720 2,874,090 2,866, 245 Federal National Mortgage Association 3,100,000 1.63% Aaa / AA+ 12/28/21 01/07/25 891 1.01% 3,155,955 3,004,514 2,995,756 US Treasury Notes 3,000,000 2.37% Aaa / AA 03/24/22 02/15/25 930 2.48% 2,927,109 2,899,218 2,886,444 US Treasury Notes 4,000,000 3.40% Aaa / AA+ 06/13/22 03/15/25 958 3.00% 3, 827,969 3,888,280 3,871,248
US Treasury Notes 2,000,000 0.50% Aaa / AA 05/21/21 03/31/25 974 0.54% 1,996,641 1,879,454 1,868,516 Federal Farm Credit Banks Funding Corp 2,600,000 0.95% Aaa / AA+ 08/23/21 04/01/25 975 2.34% 2,635,074 2,469,787 2,457,127 Federal National Mortgage Association 3,200,000 0.05% Aaa / AA+ 12/29/21 06/17/25 1,052 1.08% 3,136,448 2,991,533 2,971,232 US Treasury Notes 2,800,000 0.94% Aaa / AA 10/26/21 07/31/25 1,096 0.98% 2,729,016 2,592,626 2,573,704 US Treasury Notes 2,750,000 0.25% Aaa / AA 08/23/21 08/31/25 1,127 0.64% 2,707,354 2,540,956 2,520,870 US Treasury Notes 3,300,000 0.25% Aaa / AA 12/28/21 09/30/25 1,157 1.12% 3,194,813 3,043,607 3,018,338 US Treasury Notes 2,750,000 0.25% Aaa / AA+ 08/23/21 10/31/25 1,188 0.67% 2,702,090 2,531,933 2,508,839 US Treasury Notes 3,000,000 2.70% Aaa / AA+ 05/25/22 11/15/25 1,203 2.78% 2,955, 586 2,946,798 2,925,234 US Treasury Notes 2,800,000 0.38% Aaa / AA+ 10/26/21 01/31/26 1,280 1.07% 2,718,953 2,574,687 2,549,095 Federal Home Loan Bank 3,000,000 2.70% Aaa / AA+ 03/28/22 03/05/26 1,313 2.58% 2,806,200 2,794,785 2,766,174 US Treasury Notes 3,000,000 2.43% Aaa / AA+ 03/24/22 04/30/26 1,369 2.50% 2,993,789 2,958,048 2,931,564 US Treasury Notes 5,000,000 3.23% Aaa / AA+ 06/27/22 07/31/26 1,461 3.01% 4,743,164 4,833, 790 4,782,615
Federal Home Loan Mortgage Corporation 2,750,000 1.98% Aaa / AA 02/18/22 09/25/26 1,517 3.12% 2,868,164 2,741,662 2,716,552 Medium Term Investments (1 year to 5 years) Cont.

Par Value Cost Basis
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 July 31, 2022 June 30, 2021 Par Value Cost Basis
US Treasury Notes 3,100,000 1.50% Aaa / AA+ 12/28/21 08/15/26 1,476 1.23% 3,137,297 2,950,208 2,915,091 US Treasury Notes 3,000,000 2.77% Aaa / AA+ 05/25/22 11/15/26 1,568 1.23% 2,903,789 2,908,125 2,872,266 Federal Farm Credit Banks Funding Corp 2,000,000 3.03% Aaa / AA+ 04/25/22 01/27/27 1,641 3.09% 1,795,000 1,812,904 1,787,552 US Treasury Notes 3,000,000 2.84% Aaa / AA+ 4/25/222 02/15/27 1,660 2.94% 2,920,313 2,935,782 2,896,758 Federal Farm Credit Banks Funding Corp 5,000,000 2.98% Aaa / AA+ 04/25/22 02/26/27 1,671 3.05% 4,501,000 4,561,330 4,493,980 US Treasury Notes 5,000,000 3.23% Aaa / AA+ 06/27/22 03/31/27 1,704 3.02% 4,839,648 4,952,930 4,885,545 US Treasury Notes 4,000,000 3.47% Aaa / AA+ 06/13/22 05/15/27 1,749 3.05% 3,803,594 3,935,000 3,878,124 111,240,000 108,576,770 106,547,351 105,799,499
Corporate Bonds/Obligations (5 years or less)
Apple Incorporated 1,000,000 2.40% Aaa / AA+ 10/26/20 01/13/23 166 2.30% 1,044,270 998,727 999,767 Pepsico Inc 1,000,000 0.75% A1 / A+ 10/30/20 05/01/23 274 0.74% 1,011,210 985,406 983,298 Microsoft Corporation 1,114,000 2.00% Aaa / AAA 04/13/20 08/08/23 373 1.92% 1,153,413 1,104,938 1,103,547 Pepsico Inc 1,035,000 0.04% A1 / A+ 10/07/20 10/07/23 433 0. 40% 1,034,410 1,004,267 1,004,570 Charles Swab Corp 1,250,000 0.75% A2 / A 06/25/21 03/18/24 596 0.53% 1,257, 150 1,203,615 1,199,768
Bank of NY Mellon 1,250,000 0.05% A1 / A 08/23/21 04/26/24 635 0.53% 1,249,138 1,193,200 1,188,363 Amazon 1,250,000 0.45% A1 / AA 05/21/21 05/12/24 651 1.09% 1,251,763 1,197,438 1,189,461 Caterpillar Inc 1,250,000 2.50% A2 / A 03/24/22 05/15/24 654 2.51% 1,272,900 1,255,716 1,255,203 John Deere Capital 1,250,000 0.45% A2 / A 06/09/21 06/07/24 677 0.42% 1,251,200 1,192,105 1,181,769 Bank of America Corp 3,050,000 0.26% A2 / A 06/09/21 06/14/24 684 0.26% 3,011,595 2,958,607 2,944,592 Salesforce.com Inc 2,000,000 0.63% A2 / A+ 12/14/21 07/15/24 715 1.01% 1,980,340 1,911,628 1,894,228 US Bankcorp 1,250,000 2.40% A2 / A+ 08/23/21 07/30/24 730 0.63% 1,314,213 1,230,109 1,220,353 Morgan Stanley Note 3,250,000 3.20% A1 / A- 05/25/22 10/23/24 815 3.15% 3,268,943 3,266,877 3,246,185 Bank of NY Mellon Corp 1,200,000 0.85% A1 / A 10/27/21 10/25/24 817 0.93% 1,199,069 1,139,324 1,130,893 Caterpillar Finl Service Note 2,000,000 2.15% A2 / A 12/13/ 21 11/08/24 831 0.93% 2,054,620 1,962,430 1,941,906 Amazon 1,500,000 2.96% A1 / AA 12/13/21 04/13/25 987 3.07% 1,501,515 1,500,182 1,486,128 Applie Inc Note 2,000,000 2.84% Aaa / AA+ 05/25/22 05/11/25 1,015 2.85% 1,903,380 1,899,668 1,879, 038
US BankCorp 800,000 1.45% A2 / A+ 01/24/22 05/12/25 1,016 1.65% 794,984 763,362 750,382 Merck & Co 2,000,000 1.44% A1 / A+ 12/09/21 02/24/26 1,304 3.25% 1,943,820 1,854,020 1,814,272 JP Morgan Chase & Co 3,300,000 2.08% A2 / A- 05/21/21 04/22/26 1,361 1.44% 3,277,440 3,123,882 3,088,496 Charles Swab Corp 1,250,000 2.90% A2 / A 03/24/22 05/13/26 1,382 1.44% 1,165,563 1,149,381 1,129,016 John Deere Capital 1,500,000 3.31% A2 / A 04/25/22 09/14/26 1,506 3.46% 1,435,815 1,453,251 1,409,868 Target Corp 3,250,000 1.95% A2 / A 01/24/22 01/15/27 1,629 1.99% 3,164,240 3,092,001 3,019,039 Procter & Gamble Co Note 2,550,000 1.93% Aa3 / AA- 02/01/22 02/01/27 1,646 3.29% 2,546,379 2,443,716 2,400,080 Northern Trust Co 3,000,000 4.20% A2 / A+ 06/13/22 05/10/27 1,744 3.83% 2,973,570 3,086,022 3,022,356 44,299,000 44,060,940 42,969, 872 42,482,578 Supranational (5 years or less)
Inter-American Dev Bank Note 2,500,000 0.25% Aaa / AA 07/19/21 11/15/23 472 0.30% 2,497,225 2,419,900 2,413,400 Inter-American Dev Bank Note 5,000,000 3.25% Aaa / AA 06/27/22 07/01/24 701 1.98% 4,999,800 5,011,805 - Intl. Bank Recon & Development Note 2,500,000 0.63% Aaa / AA 07/20/21 04/22/25 996 0.56% 2,506,400 2,349,940 2,335,220 10,000,000 10,003,425 9,781,645 4,748,620 Negotiable Certificates of Deposit (5 years or less)
Goldman Sachs Bank CD 250,000 2.30% F
DIC 08/02/17 08/02/22 2 2.30% 250,000 250,001 250,131 American Express Centurion CD 250,000 2.35% FDIC 08/22/17 08/22/22 22 2.35% 250,000 250,013 250,205 Capital One Bank USA, NA CD 250,000 2.35% FDIC 08/23/17 08/23/22 23 2.35% 250,000 250,013 250,208 Citibank, NA CD 250,000 3.30% FDIC 07/24/18 07/24/23 358 3.30% 250,000 250,603 251,056 Comenity Capital Bank CD 250,000 3.35% FDIC 10/17/18 10/17/23 443 3.35% 250,000 250,660 251,128 UBS Bank USA CD 250,000 3.35% FDIC 10/17/18 10/17/23 443 3.35% 250,000 250,660 251,128 1,500,000 1,500,000 1,501,950 1,503,856
Asset Backed Security (5 years or less)
Toyota Auto Receivables Trust 1,250,000 0.26% Aaa / AAA 06/14/21 11/17/25 1,205 1.80% 1,250,000 1,204,478 1,203,281 Honda Auto Receivables Trust 9,895, 000 1.41% Aaa / AAA 02/03/22 01/21/26 1,270 1.70% 973,919 943,426 939,427 11,145,000 2,223,919 2,147,904 2,142,708
Total Invested Cash 389,854,321$ 378,961,302$ 374,193,060$ 381,425,292$ Monthly Portfolio Yield: 0.97%
Benchmark Yields:

Current Month LAIF Average: 1.090%
4

TREASURER'S MONTHLY REPORT

MISCELLANEOUS AND TRUST ACCOUNTS
July 31, 2022
Yield Adjusted
Account Description Par Value Coupon Rating Maturity to Maturity Cost Basis Category Total Total Cash
10005 Cash and Marketable Securities $ 378,961,302 378,961,302 Adjustments from Prior Month (180,494) 378,780,808
Miscellaneous Accounts
10020 1930's General Store Museum - Bank of America 37,669 N/A N/A open None 37,669 10025 Downpayment Assistance (Housing Fund) - Bank of America 34,346 0.002 N/A open 0.20% 34,346 10050 Save the Plaza - Bank of America 912 N/A N/A open None 912 10030 Airport Parking - Bank of America 787,020 N/A N/A open None 787,020 10015 Petty Cash - Various 3,883 N/A N/A open None 3,883 10040 Workers Compensation - Bank of America 329,902 N/A N/A open None 329,902 10045 General Liability - Bank of America 99,852 N/A N/A open None 99,852 1,293,584 Total Cash Deposited $ 380,074,392
5

TREASURER'S MONTHLY REPORT

CASH WITH FISCAL AGENT (BOND ISSUE RESERVE, DEBT SERVICE, AND RELATED FUNDS) July 31, 2022
Par Coupon Yield Adjusted Category Market Value as of Market Value as of Acct Description Value Rate Rating Maturity to Maturity Cost Basis Total July 31, 2022 Source March 31, 2021 10055 2015 Refunding Lease Revenue Bonds
First American Government Obligation - variable AAA open 0.01% - - Wells Fargo Bank 1 10060 2015 Reassessment District No.2015-1
First American Government Obligation 272,539 variable AAA open 0.01% 272,539 272,539 Wells Fargo Bank 272,321 10100 Cash with Fiscal Agent - 2007A - variable AAA open 0.01% 0 - Wells Fargo Bank - 10115 Cash with Fiscal Agent - Reserve 2019
Bond Issuance 2,000,323 - - - - 2,000,323 2,000,323 Wells Fargo Bank 1,996,725 10110 Cash with Fiscal Agent - 2019 PFC
Bond Issuance 5,279,683 - - - - 5,279,683 5,279,683 Wells Fargo Bank 5,966,724 10070 2012/2014 Convention Center
First American Government Obligation 11 variable AAA open 0.01% 11 11 Wells Fargo Bank 11 10071 Cash with Fiscal Agent 2021 - Refinance 4,392 variable AAA open 0.01% 4,392 4,392 Wells Fargo Bank 15,056 10035 Funds With Century Golf N/A N/A demand None 0 - Century Golf 1,983,223 10095 Cash with Fiscal Agent - Refinance 17,891 - - - - 17,891 17,891 Wells Fargo Bank 17,876 10075 Measure J Cash with Fiscal Agent 150 variable AAA open 0.01% 150 150 Wells Fargo Bank 19,092 10105 Cash with Fiscal Agent - 2017 3 - - - - 3 3 Wells Fargo Bank 1
Total Cash with Fiscal Agent 7,574,992 7,574,992 7,574,992 10,895,583 6

CALCULATION OF INVESTMENT LIMITATIONS
July 31, 2022
By Maturity: Minimum Maximum July 31, 2022
1 day to 365 days N/A N/A 55.06%
1 year to 3 years N/A 50.00% 23.33%
3 years to 5 years N/A 30.00% 21.61%
Total: 100.00%
By Type of Investment:

Bank - Checking/Custody N/A 100.00% 14.30%
B
ankers Acceptance - in total N/A 20.00% 0.00%
Bankers Acceptance - by issuer N/A 5.00% 0.00%
Commercial Paper N/A 15.00% 0.00%
Time Deposits N/A 10.00% 0.00%
Negotiable Certificates of Deposit - in total N/A 30.00% 0.38% Negotiable Certificates of Deposit - by issuer N/A 5.00% 0.00% Corporate Notes - in total N/A 20.00% 11.36%
Corporate Notes - by issuer N/A 5.00% 0.00%
Supranational Notes/Bonds - Less than 5 Years N/A 30.00% 2.57% Asset Backed Securities N/A 10.00% 2.86%
CA State or City Bonds/Local Agency Bonds - in total N/A 15.00% 0.00% CA State or City Bonds/Local Agency Bonds - by issuer N/A 5.00% 0.00% Money Market Funds N/A 10.00% 0.00%
Money Market Mutual Funds - Less than 1 Year N/A 50.00% 9.92% Money Market Mutual Funds - More than 1 Year N/A 25.00% 0.00% LAIF N/A 100.00% 18.67%
U.S. Government Agencies N/A 60.00% 39.94%
U.S. Treasury Notes/Bonds N/A 100.00% 0.00%
Total: 100.00%
7

TREASURER'S MONTHLY REPORT

CALCULATION OF WEIGHTED AVERAGE MATURITY
July 31, 2022
Description Maturity/Called Current No. of Days X Cost Date Date Days
On Call Deposits
Checking - Bank of America 07/31/22 1 12,201,630
Wells Fargo Custody 07/31/22 1 46,173,548
CalTrust ShortTerm 07/31/22 1 38,682,045
Local Agency Invest Fund (LAIF) 07/31/22 1 72,781,618
Short Term Investments (1 year or less)
US Agency Securities
US Treasury Notes 08/15/22 07/31/22 15 46,993,830
US Treasury Notes 08/15/22 07/31/22 15 47,124,285
Federal National Mortgage Association 09/06/22 07/31/22 37 113,004,660 Federal National Mortgage Association 10/05/22 07/31/22 66 204,082,560 US Treasury Notes 10/15/22 07/31/22 76 131,406,584
US Treasury Notes 01/15/23 07/31/22 168 549,589,488
Federal National Mortgage Association 01/19/23 07/31/22 172 539,065,200 US Treasury Notes 01/31/23 07/31/22 184 322,054,096
Federal Home Loan Bank 02/17/23 07/31/22 201 613,515,114 US Treasury Notes 02/28/23 07/31/22 212 694,397,308
US Treasury Notes 03/15/23 07/31/22 227 722,836,554
US Treasury Notes 03/31/23 07/31/22 243 796,418,649
US Treasury Notes 04/15/23 07/31/22 258 646,889,592
Federal Home Loan Mortgage Corporation 06/26/23 07/31/22 330 825,255,750 Federal Home Loan Mortgage Corporation 07/10/23 07/31/22 344 957,696,688 US Treasury Notes 07/15/23 07/31/22 349 872,022,917
Medium Term Investments (1 year to 5 years)
US Agency Securities
Federal Home Loan Mortgage Corporation 08/24/23 07/31/22 389 806,351,876 US Treasury Notes 09/15/23 07/31/22 411 818,885,442
US Treasury Notes 10/15/23 07/31/22 441 966,145,005
Federal Home Loan Mortgage Corporation 10/16/23 07/31/22 442 1,321,054,020 Federal Home Loan Mortgage Corporation 12/04/23 07/31/22 491 1,160,065,569 US Treasury Notes 01/15/24 07/31/22 533 2,033,644,977
US Treasury Notes 02/15/24 07/31/22 564 1,780,830,000
Federal Home Loan Bank 03/08/24 07/31/22 586 2,344,562,560 US Treasury Notes 04/15/24 07/31/22 624 2,370,810,000
US Treasury Notes 06/15/24 07/31/22 685 854,711,490
Medium Term Investments (1 year to 5 years) - Continued 8

TREASURER'S MONTHLY REPORT

CALCULATION OF WEIGHTED AVERAGE MATURITY
July 31, 2022
Description Maturity/Called Current No. of Days X Cost Date Date Days
US Treasury Notes 11/15/24 07/31/22 838 2,498,778,568
Federal Home Loan Bank 12/20/24 07/31/22 873 2,600,326,530 Federal Farm Credit Banks Funding Corp 01/06/25 07/31/22 890 2,659,960,800 Federal National Mortgage Association 01/07/25 07/31/22 891 2,811,955,905 US Treasury Notes 02/15/25 07/31/22 930 2,722,211,370
US Treasury Notes 03/15/25 07/31/22 958 3,667,194,302
US Treasury Notes 03/31/25 07/31/22 974 1,944,728,334
Federal Farm Credit Banks Funding Corp 04/01/25 07/31/22 975 2,569,197,150 Federal National Mortgage Association 06/17/25 07/31/22 1,052 3,299,543,296 US Treasury Notes 07/31/25 07/31/22 1,096 2,991,001,536 US Treasury Notes 08/31/25 07/31/22 1,127 3,051,187,958 US Treasury Notes 09/30/25 07/31/22 1,157 3,696,398,641 US Treasury Notes 10/31/25 07/31/22 1,188 3,210,082,920 US Treasury Notes 11/15/25 07/31/22 1,203 3,555,569,958 US Treasury Notes 01/31/26 07/31/22 1,280 3,480,259,840 Federal Home Loan Bank 03/05/26 07/31/22 1,313 3,684,540,600 US Treasury Notes 04/30/26 07/31/22 1,369 4,098,497,141 US Treasury Notes 07/31/26 07/31/22 1,461 6,929,762,604 Federal Home Loan Mortgage Corporation 09/25/26 07/31/22 1,517 4,351,004,788 US Treasury Notes 08/15/26 07/31/22 1,476 4,630,650,372 US Treasury Notes 11/15/26 07/31/22 1,568 4,553,141,152 Federal Farm Credit Banks Funding Corp 01/27/27 07/31/22 1,641 2,945,595,000 US Treasury Notes 02/15/27 07/31/22 1,660 4,847,719,580 Federal Farm Credit Banks Funding Corp 02/26/27 07/31/22 1,671 7,521,171,000 US Treasury Notes 03/31/27 07/31/22 1,704 8,246,760,192 US Treasury Notes 05/15/27 07/31/22 1,749 6,652,485,906 Corporate Bonds/Obligations (5 years or less)
Apple Incorporated 01/13/23 07/31/22 166 173,348,820
Pepsico Inc 05/01/23 07/31/22 274 277,071,540
Microsoft Corporation 08/08/23 07/31/22 373 430,223,049 Pepsico Inc 10/07/23 07/31/22 433 447,899,530
Charles Swab Corp 03/18/24 07/31/22 596 749,261,400
Bank of NY Mellon 04/26/24 07/31/22 635 793,202,630
Amazon 05/12/24 07/31/22 651 814,897,713
Caterpillar Inc 05/15/24 07/31/22 654 832,476,600
John Deere Capital 06/07/24 07/31/22 677 847,062,400
Bank of America Corp 06/14/24 07/31/22 684 2,059,930,980 Salesforce.com Inc 07/15/24 07/31/22 715 1,415,943,100
Corporate Bonds/Obligations (5 years or less) - Continued 9

TREASURER'S MONTHLY REPORT

CALCULATION OF WEIGHTED AVERAGE MATURITY
July 31, 2022
Description Maturity/Called Current No. of Days X Cost Date Date Days
US Bankcorp 07/30/24 07/31/22 730 959,375,490
Morgan Stanley Note 10/23/24 07/31/22 815 2,664,188,545 Bank of NY Mellon Corp 10/25/24 07/31/22 817 979,639,373 Caterpillar Finl Service Note 11/08/24 07/31/22 831 1,707,389,220 Amazon 04/13/25 07/31/22 987 1,481,995,305
Applie Inc Note 05/11/25 07/31/22 1,015 1,931,930,700
US BankCorp 05/12/25 07/31/22 1,016 807,703,744
Merck & Co 02/24/26 07/31/22 1,304 2,534,741,280
JP Morgan Chase & Co 04/22/26 07/31/22 1,361 4,460,595,840 Charles Swab Corp 05/13/26 07/31/22 1,382 1,610,808,066 John Deere Capital 09/14/26 07/31/22 1,506 2,162,337,390 Target Corp 01/15/27 07/31/22 1,629 5,154,546,960
Procter & Gamble Co Note 02/01/27 07/31/22 1,646 4,191,339,834 Northern Trust Co 05/10/27 07/31/22 1,744 5,185,906,080 Supernational (5 years or less)
Inter-American Dev Bank Note 11/15/23 07/31/22 472 1,178,690,200 Inter-American Dev Bank Note 07/01/24 07/31/22 701 3,504,859,800 Intl. Bank Recon & Development Note 04/22/25 07/31/22 996 2,496,374,400 Negotiable Certificates of Deposit (5 years or less)
Goldman Sachs Bank CD 08/02/22 07/31/22 2 500,000
American Express Centurion CD 08/22/22 07/31/22 22 5,500,000 Capital One Bank USA, NA CD 08/23/22 07/31/22 23 5,750,000 Citibank, NA CD 07/24/23 07/31/22 358 89,500,000
Comenity Capital Bank CD 10/17/23 07/31/22 443 110,750,000 UBS Bank USA CD 10/17/23 07/31/22 443 110,750,000
Asset Backed Security (5 years or less)
Toyota Auto Receivables Trust 11/17/25 07/31/22 1,205 1,506,250,000 Honda Auto Receivables Trust 01/21/26 07/31/22 1,270 1,236,877,130 Total Investments at Cost 378,961,302
WAM in Days 470
10

CITY COUNCIL STAFF REPORT
09/29/2022   1. C.

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 08-06-22 AND 08-20-22 TOTALING $4,060,133.18 AND ACCOUNTS PAYABLE WARRANTS DATED 08-04-22 AND 08-18-22 TOTALING $11,581,741.83, IN THE AGGREGATE AMOUNT OF $15,641,875.01, DRAWN ON BANK OF AMERICA.”
Attachments
Item 1C
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 08- 06-22 AND 08-20-22 TOTALING
$4,060,133.18 AND ACCOUNTS PAYABLE WARRANTS
DATED 08-04-22 AND 08-18-22 TOTALING $11,581,741.83,
IN THE AGGREGATE AMOUNT OF $ 15,641,875.01,
DRAWN ON BANK OF AMERICA.

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

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

Nancy A. Pauley
Director of Finance and Treasurer

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

ADOPTED THIS 29TH DAY OF SEPTEMBER, 2022
.

TERESA GALLAVAN

INTERIM CITY MANAGER

ATTEST:

BRENDA PREE

CITY CLERK

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby 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 ______________, _________.

BRENDA PREE

CITY CLERK

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

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 2,000,172.01
DEFERRED COMP: NATIONWIDE 24,645.63
ICMA RHS CONTRIBUTION 19,512.50
CA DCCS 2,670.04
STATE TAXES 98,116.13
10,443.62
NY LIFE SUPPLMNTL INS 3,132.60
DEFERRED COMP: ICMA 457 40,042.84
LIABILITY CHECK REGISTER 2005673-2005686 26,811.49
PAYROLL DIRECT DEPOSITS 1,450,382.83
FEDERAL TAXES 293,968.67
Transaction Type Check Numbers Amoun
t
PAYROLL CHECK REGISTER 422084-422099 30,445.66
September 29, 2022
PAYROLL PERIOD ENDING 8/6/2022
PAY DATE 8/12/2022
Payroll Wires and Warrants Memo for Council 2022.xlsx | 09292022 |9/15/2022 | 10:03 AM (AM) 1 | 1

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

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 2,059,961.17
DEFERRED COMP: NATIONWIDE 25,170.63
ICMA RHS CONTRIBUTION 19,437.50
CA DCCS 2,670.04
STATE TAXES 103,469.05
10,787.39
NY LIFE SUPPLMNTL INS 3,147.52
DEFERRED COMP: ICMA 457 39,667.84
LIABILITY CHECK REGISTER 2005673-2005686 27,073.95
PAYROLL DIRECT DEPOSITS 1,489,720.73
FEDERAL TAXES 307,322.01
Transaction Type Check Numbers Amoun
t
PAYROLL CHECK REGISTER 422100-422101, 422103-422115 31,494.51 September 29, 2022
PAYROLL PERIOD ENDING 8/20/2022
PAY DATE 8/26/2022
Payroll Wires and Warrants Memo for Council 2022.xlsx | 09292022 (2) |9/15/2022 | 11:03 AM (AM) 1 | 1

City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/04/2022 14:35
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2005487 08/04/2022 PRINTED 100824 15000 INC 5,827.50 2005488 08/04/2022 PRINTED 100315 ACE PARKING MANAGEMENT IN 14,446.40 2005489 08/04/2022 PRINTED 101354 ADVANTEC CONSULTING ENGIN 1,787.08 2005490 08/04/2022 PRINTED 101028 AEG BUREAU OF TOURISM 51,806.64 2005491 08/04/2022 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 2,741.42 2005492 08/04/2022 PRINTED 101286 ALL AMERICAN CLEANING 728.51 2005493 08/04/2022 PRINTED 100912 ALPHA MEDIA LLC 1,478.00 2005494 08/04/2022 PRINTED 103781 AMAZON.COM SALES INC 241.81 2005495 08/04/2022 PRINTED 103911 AMERICAN LOAN MASTERS 14,560.30 2005496 08/04/2022 PRINTED 100235 AMTECH ELEVATOR SERVICES 1,810.50 2005497 08/04/2022 PRINTED 103528 ARCHITECTURAL RESOURCES G 962.50 2005498 08/04/2022 PRINTED 101623 THE ART COLLECTIVE LLC 6,197.80 2005499 08/04/2022 PRINTED 100310 ASAP PUMPING INC 1,095.00 2005500 08/04/2022 PRINTED 101698 ATLANTIC PALM SPRINGS 500.00 2005501 08/04/2022 PRINTED 103384 AVIATRIX COMMUNICATIONS 2,484.27 2005502 08/04/2022 PRINTED 100366 BIO TOX LABORATORIES 1,944.00 2005503 08/04/2022 PRINTED 100260 BIRDAIR INC 11,290.00 2005504 08/04/2022 PRINTED 015890 BRAD BOKATH 482.75 2005505 08/04/2022 PRINTED 101301 BRIGHTLY SOFTWARE INC 2,550.12 2005506 08/04/2022 PRINTED 100234 BURRTEC ENVIRONMENTAL 447.78 2005507 08/04/2022 PRINTED 100623 CA BUILDING STANDARDS COM 4,903.00 2005508 08/04/2022 PRINTED 100551 CAPIO 625.00 2005509 08/04/2022 PRINTED 103604 CAROLLO ENGINEERS INC 93,689.34 2005510 08/04/2022 PRINTED 101837 CASC ENGINEERING AND CONS 24,740.50 2005511 08/04/2022 PRINTED 100112 CDW GOVERNMENT INC 4,547.20 2005512 08/04/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,319.45 2005513 08/04/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2005514 08/04/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2005515 08/04/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2005516 08/04/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2005517 08/04/2022 PRINTED 100353 CHARTER COMMUNICATIONS 219.98 2005518 08/04/2022 PRINTED 100353 CHARTER COMMUNICATIONS 99.99 2005519 08/04/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,769.00 2005520 08/04/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,219.04 2005521 08/04/2022 PRINTED 100353 CHARTER COMMUNICATIONS 107.98 2005522 08/04/2022 PRINTED 100353 CHARTER COMMUNICATIONS 206.04 2005523 08/04/2022 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2005524 08/04/2022 PRINTED 100353 CHARTER COMMUNICATIONS 229.98 2005525 08/04/2022 PRINTED 100353 CHARTER COMMUNICATIONS 319.98 2005526 08/04/2022 PRINTED 100353 CHARTER COMMUNICATIONS 182.06 2005527 08/04/2022 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2005528 08/04/2022 PRINTED 100558 CINTAS CORPORATION 345.99 2005529 08/04/2022 PRINTED 101755 CNS ENGINEERS INC 1,361.50 2005530 08/04/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 66,331.00 2005531 08/04/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 16,506.00 2005532 08/04/2022 PRINTED 100566 COACHELLA VALLEY WATER DI 8,278.18 2005533 08/04/2022 PRINTED 100928 COLANTUONO HIGHSMITH AND 1,721.00 2005534 08/04/2022 PRINTED 101238 CONSERVE LANDCARE LLC 58,602.05 2005535 08/04/2022 PRINTED 103771 CORE COMPLIANCE LLC 3,500.00 2005536 08/04/2022 PRINTED 100253 COUNTS UNLIMITED INC 1,260.00 2005537 08/04/2022 PRINTED 100007 CPS HUMAN RESOURCE SERVIC 423.50 2005538 08/04/2022 PRINTED 100007 CPS HUMAN RESOURCE SERVIC 683.50 .. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/04/2022 14:35
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2005539 08/04/2022 PRINTED 103691 CSG EV LLC 36,000.00 2005540 08/04/2022 PRINTED 100490 CVCC 10,498.95 2005541 08/04/2022 PRINTED 100318 DATA TICKET INC 758.00 2005542 08/04/2022 PRINTED 100265 DELL MARKETING LP 10,681.92 2005543 08/04/2022 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 35.00 2005544 08/04/2022 PRINTED 016225 JAMES DANIEL DESELMS 250.00 2005545 08/04/2022 PRINTED 100048 DESERT FIRE EXTINGUISHER 666.59 2005546 08/04/2022 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 642.63 2005547 08/04/2022 PRINTED 101030 DOG TEAM PRO LLC 1,100.00 2005548 08/04/2022 PRINTED 100254 DOKKEN ENGINEERING 13,074.93 2005549 08/04/2022 PRINTED 103978 DOS GATOS INC 6,584.00 2005550 08/04/2022 PRINTED 100984 DTPS C-15 LLC 6,365.42 2005551 08/04/2022 PRINTED 100294 DUDEK 37,023.00 2005552 08/04/2022 PRINTED 016431 CHRISTOPHER DUFFY 127.22 2005553 08/04/2022 PRINTED 015293 CHRIS DUTHALER 1,075.00 2005554 08/04/2022 PRINTED 100054 DESERT WATER AGENCY 111.46 2005555 08/04/2022 PRINTED 100054 DESERT WATER AGENCY 62,773.06 2005556 08/04/2022 PRINTED 100305 EISENHOWER MEDICAL CENTER 5,200.00 2005557 08/04/2022 PRINTED 100701 EISENHOWER MEDICAL CENTER 4,110.00 2005558 08/04/2022 PRINTED 100274 ENGINEERING RESOURCES OF 18,040.54 2005559 08/04/2022 PRINTED 100226 ENTERPRISE RENT A CAR 2,128.81 2005560 08/04/2022 PRINTED 103708 EPLUS TECHNOLOGY INC 32,355.25 2005561 08/04/2022 PRINTED 100206 ESSER SERVICES INC 382.00 2005562 08/04/2022 PRINTED 100081 FEDERAL EXPRESS CORPORATI 174.86 2005563 08/04/2022 PRINTED 100081 FEDERAL EXPRESS FREIGHT 163.00 2005564 08/04/2022 PRINTED 010996 TODD FITE 317.25 2005565 08/04/2022 PRINTED 015746 ROBERT FONTES 163.13 2005566 08/04/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 60.91 2005567 08/04/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,133.60 2005568 08/04/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 69.65 2005569 08/04/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,638.53 2005570 08/04/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 11,606.08 2005571 08/04/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 139.99 2005572 08/04/2022 PRINTED 100169 GENSLER & ASSOCIATES ARCH 23,627.24 2005573 08/04/2022 PRINTED 100521 GRUBER POWER 4,317.70 2005574 08/04/2022 PRINTED 101343 HARRIS AND ASSOCIATES INC 52,699.00 2005575 08/04/2022 PRINTED 103912 HERC RENTALS INC 2,053.32 2005576 08/04/2022 PRINTED 100729 HIRE RIGHT LLC 1,370.68 2005577 08/04/2022 PRINTED 103681 IMPRENTA COMMUNICATIONS G 2,900.00 2005578 08/04/2022 PRINTED 101364 IT1 SOURCE LLC 2,446.79 2005579 08/04/2022 PRINTED 101700 JNS NEXT 6,204.48 2005580 08/04/2022 PRINTED 100336 KEENAN AND ASSOCIATES 2,396,519.31 2005581 08/04/2022 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 1,283.97 2005582 08/04/2022 PRINTED 016436 MAX KIRK 628.74 2005583 08/04/2022 PRINTED 101369 KNOWLEDGE KEY ASSOCIATES 10,990.00 2005584 08/04/2022 PRINTED 100261 KONE INC 387.43 2005585 08/04/2022 PRINTED 101785 KRONOS 157.85 2005586 08/04/2022 PRINTED 015430 LEMBIT KULBIN 1,075.00 2005587 08/04/2022 PRINTED 103980 CORIE MATTIE 500.00 2005588 08/04/2022 PRINTED 100439 THE LAMAR COMPANIES 1,500.00 2005589 08/04/2022 PRINTED 100332 LIEBERT CASSIDY WHITMORE 14,202.50 2005590 08/04/2022 PRINTED 100605 LOS ANGELES COUNTY AUDITO 922.00 .. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/04/2022 14:35
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2005591 08/04/2022 PRINTED 103921 EZZELL ENTERPRISE INC 7,133.97 2005592 08/04/2022 PRINTED 011022 JAIME MACIAS 20.00 2005593 08/04/2022 PRINTED 100849 MANSFIELD POWER AND GAS L 59,710.96 2005594 08/04/2022 PRINTED 103647 MARINA LANDSCAPE INC 498.75 2005595 08/04/2022 PRINTED 016433 CHLOE MASON 628.74 2005596 08/04/2022 PRINTED 100074 MATICH CORPORATION 138,592.03 2005597 08/04/2022 PRINTED 016245 REBECA CHAVES MCKEOWN 2,293.38 2005598 08/04/2022 PRINTED 016321 LAURA MICHAELS 71.37 2005599 08/04/2022 PRINTED 101404 MOOD MEDIA 652.40 2005600 08/04/2022 PRINTED 103975 ROBERT MOSS 306.00 2005601 08/04/2022 PRINTED 016222 MITCHELL NABHAN 357.24 2005602 08/04/2022 PRINTED 100148 NALCO COMPANY 9,857.93 2005603 08/04/2022 PRINTED 100704 NATIONAL TESTING NETWORK 1,000.00 2005604 08/04/2022 PRINTED 015431 DAN NAVA 162.75 2005605 08/04/2022 PRINTED 100417 NI GOVERNMENT SERVICES IN 283.88 2005606 08/04/2022 PRINTED 101646 NORTH WIND RESOURCE CONSU 116.16 2005607 08/04/2022 PRINTED 103900 ODP BUSINESS SOLUTIONS 6,994.49 2005608 08/04/2022 PRINTED 103408 OPTIQO INC 5,100.45 2005609 08/04/2022 PRINTED 100282 PACIFIC PRODUCTS AND SERV 1,684.46 2005610 08/04/2022 PRINTED 100087 PALM SPRINGS INTL FILM SO 250,000.00 2005611 08/04/2022 PRINTED 103828 PAVEMENT COATINGS CO 295,304.13 2005612 08/04/2022 PRINTED 101434 PLACEWORKS 32,548.00 2005613 08/04/2022 PRINTED 100596 PROPER SOLUTIONS INC 26,179.61 2005614 08/04/2022 PRINTED 100654 PS RESORTS 55,807.00 2005615 08/04/2022 PRINTED 101250 PWLC II INC 34,998.62 2005616 08/04/2022 PRINTED 100239 RALPH ANDERSEN AND ASSOCI 24,500.00 2005617 08/04/2022 PRINTED 103981 ERNESTO RAMIREZ 500.00 2005618 08/04/2022 PRINTED 100629 RANCHO MIRAGE CHAMBER OF 250.00 2005619 08/04/2022 PRINTED 101527 RATTLE TECH LLC 500.00 2005620 08/04/2022 PRINTED 100628 RIVERSIDE COUNTY CLERK 156.00 2005621 08/04/2022 PRINTED 016432 SHAUN ROSS 163.13 2005622 08/04/2022 PRINTED 016059 DANIEL ROWLES 720.00 2005623 08/04/2022 PRINTED 100680 SYDELL PALM SPRINGS LLC 462,577.10 2005624 08/04/2022 PRINTED 103959 SAVANCE LLC 500.00 2005625 08/04/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 81,290.88 2005626 08/04/2022 PRINTED 100435 THE SHREDDERS 41.00 2005627 08/04/2022 PRINTED 101383 SNACK SHACK 4,745.00 2005628 08/04/2022 PRINTED 101822 SO CAL LAND MAINTENANCE I 18,660.00 2005629 08/04/2022 PRINTED 101677 SOCAL PPE LLC 351.00 2005630 08/04/2022 PRINTED 100000 SOUTH COAST AQMD 2,128.74 2005631 08/04/2022 PRINTED 100327 SOUTH COAST EMERGENCY VEH 8,614.33 2005632 08/04/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 263.38 2005633 08/04/2022 PRINTED 100334 SOUTHERN CALIFORNIA ERGON 2,402.78 2005634 08/04/2022 PRINTED 100594 SOUTHWEST PLUMBING INC 3,527.50 2005635 08/04/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 65.40 2005636 08/04/2022 PRINTED 101356 ST FRANCIS ELECTRIC LLC 47,538.70 2005637 08/04/2022 PRINTED 100284 STANTEC CONSULTING SVCS I 22,042.00 2005638 08/04/2022 PRINTED 100084 STERICYCLE INC LLC SHRED 1,740.60 2005639 08/04/2022 PRINTED 103976 TELCOM ENGINEERING GROUP 168.60 2005640 08/04/2022 PRINTED 100900 TERRA NOVA PLANNING AND R 4,002.50 2005641 08/04/2022 PRINTED 103881 THERMAX INC 20,053.37 2005642 08/04/2022 PRINTED 103974 TITAN SOLAR POWER 254.41 .. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/04/2022 14:35
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2005643 08/04/2022 PRINTED 100289 TOP OF THE LINE SIGNS 1,390.19 2005644 08/04/2022 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 5,750.00 2005645 08/04/2022 PRINTED 101391 TRANSUNION RISK AND ALTER 397.00 2005646 08/04/2022 PRINTED 100386 U S CUSTOMS SERVICE 866.52 2005647 08/04/2022 PRINTED 100396 ULINE 213.13 2005648 08/04/2022 PRINTED 100469 UNITED CONDOMINIUM CORPOR 135,181.00 2005649 08/04/2022 PRINTED 100295 US BANK CORPORATE PAYMENT 112,258.55 2005650 08/04/2022 PRINTED 100267 VEOLIA WATER NORTH AMERIC 315.10 2005651 08/04/2022 PRINTED 100621 VERIZON BUSINESS 591.44 2005652 08/04/2022 PRINTED 100144 VERIZON WIRELESS 4,514.46 2005653 08/04/2022 PRINTED 100144 VERIZON WIRELESS 11,858.82 2005654 08/04/2022 PRINTED 100144 VERIZON WIRELESS 2,111.53 2005655 08/04/2022 PRINTED 100144 VERIZON WIRELESS 722.19 2005656 08/04/2022 PRINTED 100144 VERIZON WIRELESS 3,179.35 2005657 08/04/2022 PRINTED 100144 VERIZON WIRELESS 2,029.37 2005658 08/04/2022 PRINTED 100144 VERIZON WIRELESS 38.13 2005659 08/04/2022 PRINTED 100144 VERIZON WIRELESS 5,289.36 2005660 08/04/2022 PRINTED 101220 WATERLINE TECHNOLOGIES 18,023.84 2005661 08/04/2022 PRINTED 100156 WAXIE SANITARY SUPPLY 5,028.31 2005662 08/04/2022 PRINTED 103766 SYDNEY WEISMAN 743.75 2005663 08/04/2022 PRINTED 101680 WEST COAST CODE CONSULTAN 46,196.79 2005664 08/04/2022 PRINTED 100175 WEST-LITE SUPPLY CO. INC. 210.69 2005665 08/04/2022 PRINTED 103503 MARK K WHITE 772.50 2005666 08/04/2022 PRINTED 101824 WILLDAN ENGINEERING 1,232.00 2005667 08/04/2022 PRINTED 100299 WILLDAN FINANCIAL SERVICE 500.00 2005668 08/04/2022 PRINTED 100445 WOODRUFF SPRADLIN AND SMA 450.00 2005669 08/04/2022 PRINTED 100255 WSP USA INC 21,657.19 2005670 08/04/2022 PRINTED 103977 YUHAO XIONG 47.00 2005671 08/04/2022 PRINTED 103501 ZASUETA CONTRACTING INC 36,148.05 2005672 08/04/2022 PRINTED 100124 ZUMAR INDUSTRIES 7,852.97 186 CHECKS CASH ACCOUNT TOTAL 5,272,065.18 .00 .. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/04/2022 14:35
User: PatrickW
Program ID: apchkrcn

UNCLEARED CLEARED
186 CHECKS FINAL TOTAL 5,272,065.18 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/18/2022 14:24
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2005687 08/18/2022 PRINTED 100824 15000 INC 1,260.00 2005688 08/18/2022 PRINTED 101280 A JUMP N PARTY 77.00 2005689 08/18/2022 PRINTED 101208 ABM AVIATION INC 4,806.23 2005690 08/18/2022 PRINTED 101263 ACTION PARK ALLIANCE 1,619.20 2005691 08/18/2022 PRINTED 101028 AEG BUREAU OF TOURISM 3,134.79 2005692 08/18/2022 PRINTED 101028 AEG BUREAU OF TOURISM 20,068.80 2005693 08/18/2022 PRINTED 101028 AEG BUREAU OF TOURISM 111,923.92 2005694 08/18/2022 PRINTED 101028 AEG BUREAU OF TOURISM 111,923.92 2005695 08/18/2022 PRINTED 101028 AEG BUREAU OF TOURISM 192,120.25 2005696 08/18/2022 PRINTED 101028 AEG BUREAU OF TOURISM 192,120.25 2005697 08/18/2022 PRINTED 100403 AETNA 18,623.69 2005698 08/18/2022 PRINTED 103958 AGRE DCP PALM SPRINGS TEN 561,605.07 2005699 08/18/2022 PRINTED 100345 AIRPORT QUICK WASH 150.00 2005700 08/18/2022 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 18,813.70 2005701 08/18/2022 PRINTED 101286 TIM WALLEN / ALL AMERICAN 10,510.39 2005702 08/18/2022 PRINTED 100375 ALL STAR GLASS 4,908.74 2005703 08/18/2022 PRINTED 103781 AMAZON.COM SALES INC 381.54 2005704 08/18/2022 PRINTED 100059 AMERICAN PLANNING ASSN 798.00 2005705 08/18/2022 PRINTED 101623 THE ART COLLECTIVE LLC 4,809.00 2005706 08/18/2022 PRINTED 100370 AT&T 300.71 2005707 08/18/2022 PRINTED 101698 ATLANTIC PALM SPRINGS 500.00 2005708 08/18/2022 PRINTED 101410 ATWORK PERSONNEL SERVICES 355.68 2005709 08/18/2022 PRINTED 101766 BACK NINE GREENS INC 362.50 2005710 08/18/2022 PRINTED 100020 BEST BEST & KRIEGER 193,889.90 2005711 08/18/2022 PRINTED 101488 BIO SOCAL 1,190.00 2005712 08/18/2022 PRINTED 100260 BIRDAIR INC 11,770.00 2005713 08/18/2022 PRINTED 103992 MICHAEL BLESKACK 55.00 2005714 08/18/2022 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 519,587.25 2005715 08/18/2022 PRINTED 015890 BRAD BOKATH 400.00 2005716 08/18/2022 PRINTED 101331 BRUCE BOWER INVESTIGATION 3,166.88 2005717 08/18/2022 PRINTED 100351 BRUDVIK INC 620.00 2005718 08/18/2022 PRINTED 101203 BUREAU VERITAS NORTH AMER 13,289.06 2005719 08/18/2022 PRINTED 100234 BURRTEC ENVIRONMENTAL 1,711.80 2005720 08/18/2022 PRINTED 103263 BWW & COMPANY INC 65,075.00 2005721 08/18/2022 PRINTED 103990 RONALD CAIN 12.00 2005722 08/18/2022 PRINTED 103778 CALIFORNIA WATER OPERATOR 400.00 2005723 08/18/2022 PRINTED 100551 CAPIO 275.00 2005724 08/18/2022 PRINTED 100112 CDW GOVERNMENT INC 21,951.76 2005725 08/18/2022 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2005726 08/18/2022 PRINTED 100353 CHARTER COMMUNICATIONS 19.99 2005727 08/18/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2005728 08/18/2022 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2005729 08/18/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2005730 08/18/2022 PRINTED 100353 CHARTER COMMUNICATIONS 199.97 2005731 08/18/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2005732 08/18/2022 PRINTED 100353 CHARTER COMMUNICATIONS 119.99 2005733 08/18/2022 PRINTED 100353 CHARTER COMMUNICATIONS 119.98 2005734 08/18/2022 PRINTED 100353 CHARTER COMMUNICATIONS 3,519.16 2005735 08/18/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2005736 08/18/2022 PRINTED 100353 CHARTER COMMUNICATIONS 219.98 2005737 08/18/2022 PRINTED 100353 CHARTER COMMUNICATIONS 156.56 2005738 08/18/2022 PRINTED 100353 CHARTER COMMUNICATIONS 299.99 .. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/18/2022 14:24
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2005739 08/18/2022 PRINTED 100353 CHARTER COMMUNICATIONS 227.32 2005740 08/18/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,300.00 2005741 08/18/2022 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 1,534.74 2005742 08/18/2022 PRINTED 100558 CINTAS CORPORATION 120.93 2005743 08/18/2022 PRINTED 100319 CLIMATEC LLC 2,487.50 2005744 08/18/2022 PRINTED 101755 CNS ENGINEERS INC 34,007.21 2005745 08/18/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 84,822.45 2005746 08/18/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 10,421.26 2005747 08/18/2022 PRINTED 100387 COACHELLA VALLEY ECONOMIC 50,000.00 2005748 08/18/2022 PRINTED 101238 CONSERVE LANDCARE LLC 150,167.35 2005749 08/18/2022 PRINTED 101598 CORODATA RECORDS MANAGEME 358.26 2005750 08/18/2022 PRINTED 100205 NANCY K BOHL INC 1,225.00 2005751 08/18/2022 PRINTED 100374 CRAFCO INC 1,503.12 2005752 08/18/2022 PRINTED 100123 CSMFO 150.00 2005753 08/18/2022 PRINTED 100115 DANIELS TIRE SERVICE INC 742.81 2005754 08/18/2022 PRINTED 100318 DATA TICKET INC 3,349.47 2005755 08/18/2022 PRINTED 100179 DAVES TOWING SERVICE 300.00 2005756 08/18/2022 PRINTED 103802 LANCE DAVIS / KILLER BEE 6,500.00 2005757 08/18/2022 PRINTED 103995 RONALD DEL CID 500.00 2005758 08/18/2022 PRINTED 100265 DELL MARKETING LP 296.69 2005759 08/18/2022 PRINTED 100276 DELS FLOORING CONTRACTORS 36,298.00 2005760 08/18/2022 PRINTED 101281 DELTA DENTAL HMO 3,621.36 2005761 08/18/2022 PRINTED 101282 DELTA DENTAL PPO 41,348.38 2005762 08/18/2022 PRINTED 103989 DEMUTH PARK NEIGHBORHOOD 150.10 2005763 08/18/2022 PRINTED 100019 COUNTY OF RIVERSIDE 174.00 2005764 08/18/2022 PRINTED 100117 DESERT ELECTRIC SUPPLY 3,729.98 2005765 08/18/2022 PRINTED 100048 DESERT FIRE EXTINGUISHER 150.75 2005766 08/18/2022 PRINTED 100580 DESERT PROMOTIONAL EMBROI 13.05 2005767 08/18/2022 PRINTED 100008 DESERT SUN PUBLISHING COM 7,574.80 2005768 08/18/2022 PRINTED 016140 SARAH DEVORA 150.00 2005769 08/18/2022 PRINTED 100471 MARYANNE DORNIAK 1,655.00 2005770 08/18/2022 PRINTED 100393 DOWNTOWN SHELL 2,688.55 2005771 08/18/2022 PRINTED 100624 DEPARTMENT OF TOXIC SUBST 52.50 2005772 08/18/2022 PRINTED 015813 FRANCISCO J DURAN 249.53 2005773 08/18/2022 PRINTED 101179 MARIANA DUSPIVA 780.00 2005774 08/18/2022 PRINTED 100054 DESERT WATER AGENCY 64.99 2005775 08/18/2022 PRINTED 100054 DESERT WATER AGENCY 28,843.21 2005776 08/18/2022 PRINTED 100054 DESERT WATER AGENCY 347.11 2005777 08/18/2022 PRINTED 100054 DESERT WATER AGENCY 35,050.63 2005778 08/18/2022 PRINTED 101021 ELITE OTTERS SWIM TEAM 1,864.50 2005779 08/18/2022 PRINTED 103829 ALEXANDRA JABR 705.60 2005780 08/18/2022 PRINTED 015302 ARTHUR ENDERLE 1,655.00 2005781 08/18/2022 PRINTED 101478 ESO SOLUTIONS 6,389.88 2005782 08/18/2022 PRINTED 100369 FAIR HOUSING COUNCIL OF R 3,836.14 2005783 08/18/2022 PRINTED 101194 FLEX ADVANTAGE 666.75 2005784 08/18/2022 PRINTED 100395 FRIENDS OF THE PALM SPRIN 1,429.50 2005785 08/18/2022 PRINTED 100480 FRIENDS OF THE PS ANIMAL 92,950.17 2005786 08/18/2022 PRINTED 100480 FRIENDS OF THE PS ANIMAL 568.70 2005787 08/18/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2005788 08/18/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,499.99 2005789 08/18/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 65.44 2005790 08/18/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 125.98 .. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/18/2022 14:24
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2005791 08/18/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 65.44 2005792 08/18/2022 PRINTED 101665 FROSTLINE REFRIGERATION 225.00 2005793 08/18/2022 PRINTED 103920 FUEL PROS INC 482.50 2005794 08/18/2022 PRINTED 011060 ARNOLD GALVAN 84.50 2005795 08/18/2022 PRINTED 011060 ARNOLD GALVAN 1,655.00 2005796 08/18/2022 PRINTED 100169 GENSLER & ASSOCIATES ARCH 14,000.00 2005797 08/18/2022 PRINTED 100536 GLS US A/R 408.48 2005798 08/18/2022 PRINTED 101514 GRAFFITI PROTECTIVE COATI 5,966.40 2005799 08/18/2022 PRINTED 100564 HARRELL COMPANY ADVISORS 24,923.00 2005800 08/18/2022 PRINTED 103991 ABEL HERNANDEZ 55.00 2005801 08/18/2022 PRINTED 100483 INFOSAT 229.76 2005802 08/18/2022 PRINTED 103987 INLAND EMPIRE BLUE BELLES 90.00 2005803 08/18/2022 PRINTED 103635 INLAND EMPIRE BROADCASTIN 3,140.00 2005804 08/18/2022 PRINTED 101790 INLAND LIBRARY SYSTEM 525.00 2005805 08/18/2022 PRINTED 101486 INNOVATIVE EMERGENCY EQUI 7,806.32 2005806 08/18/2022 PRINTED 101274 INTELESYSONE 22,735.00 2005807 08/18/2022 PRINTED 103986 JANNA IRELAND 800.00 2005808 08/18/2022 PRINTED 101700 JNS NEXT 130.00 2005809 08/18/2022 PRINTED 101753 JOHN BEAN TECHNOLOGIES CO 49,818.95 2005810 08/18/2022 PRINTED 103669 KASEYA US LLC 886.00 2005811 08/18/2022 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 39,976.05 2005812 08/18/2022 PRINTED 101606 KINCAID INDUSTRIES INC 1,812.15 2005813 08/18/2022 PRINTED 101475 LA PRENSA HISPANA INC 3,785.00 2005814 08/18/2022 PRINTED 100439 THE LAMAR COMPANIES 1,500.00 2005815 08/18/2022 PRINTED 101187 LEADSONLINE LLC 5,252.00 2005816 08/18/2022 PRINTED 101768 LEXIPOL LLC 9,901.27 2005817 08/18/2022 PRINTED 100332 LIEBERT CASSIDY WHITMORE 550.00 2005818 08/18/2022 PRINTED 103753 LIFE INSURANCE COMPANY OF 30,996.49 2005819 08/18/2022 PRINTED 016368 CAMERON LOPEZ 139.64 2005820 08/18/2022 PRINTED 015510 KEN LYON 4.91 2005821 08/18/2022 PRINTED 103559 MAGICAL HOLIDAY DESIGNS / 4,244.36 2005822 08/18/2022 PRINTED 101513 MARTHA'S VILLAGE AND KITC 183,647.92 2005823 08/18/2022 PRINTED 101612 MARVINS AUTO PAINT INC. 43,947.15 2005824 08/18/2022 PRINTED 101666 MCCI 6,250.00 2005825 08/18/2022 PRINTED 016358 ALLEN MCNABB 1,087.62 2005826 08/18/2022 PRINTED 100009 MIZELL CENTER 578.34 2005827 08/18/2022 PRINTED 103718 MOHAWK LIFTS LLC 53,696.42 2005828 08/18/2022 PRINTED 100079 MOHICA TOWING 168.00 2005829 08/18/2022 PRINTED 103876 MONOPRICE INC 2,085.15 2005830 08/18/2022 PRINTED 101855 MOTOWORX GARAGE 2,655.26 2005831 08/18/2022 PRINTED 100765 MUNISERVICES / AVENU INSI 25,565.28 2005832 08/18/2022 PRINTED 015653 DAMIEN MYERS 317.25 2005833 08/18/2022 PRINTED 100148 NALCO COMPANY 5,430.63 2005834 08/18/2022 PRINTED 103572 NV5 INC 2,498.00 2005835 08/18/2022 PRINTED 100548 O'LINN EXECUTIVE SECURITY 5,635.77 2005836 08/18/2022 PRINTED 100103 OCLC INC 32,145.84 2005837 08/18/2022 PRINTED 103900 ODP BUSINESS SOLUTIONS 3,436.79 2005838 08/18/2022 PRINTED 103836 ORTIZ ELDER 397.96 2005839 08/18/2022 PRINTED 100280 OTIS ELEVATOR COMPANY 876.25 2005840 08/18/2022 PRINTED 100328 PALM SPRINGS AUTO WASH 580.00 2005841 08/18/2022 PRINTED 100569 PALM SPRINGS CHAMBER OF C 255.00 2005842 08/18/2022 PRINTED 100003 PALM SPRINGS DISPOSAL SER 12,426.08 .. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/18/2022 14:24
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2005843 08/18/2022 PRINTED 100133 PALM SPRINGS MOTORS 30,974.08 2005844 08/18/2022 PRINTED 100106 PALM SPRINGS MOUNTED POLI 1,450.00 2005845 08/18/2022 PRINTED 100083 PALM SPRINGS WELDING 2,275.00 2005846 08/18/2022 PRINTED 016109 FRANCISCO PEREIRA 142.41 2005847 08/18/2022 PRINTED 103914 PLYMOVENT, INC 4,635.00 2005848 08/18/2022 PRINTED 016441 BRENDA PREE 1,310.54 2005849 08/18/2022 PRINTED 101455 PROFESSIONAL INTERPRETING 4,263.79 2005850 08/18/2022 PRINTED 100596 PROPER SOLUTIONS INC 27,857.55 2005851 08/18/2022 PRINTED 101270 PROQUEST 2,635.80 2005852 08/18/2022 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 7,244.73 2005853 08/18/2022 PRINTED 016310 DANIEL PUCCIO 173.27 2005854 08/18/2022 PRINTED 101658 THE PUN GROUP LLP 20,000.00 2005855 08/18/2022 PRINTED 101250 PWLC II INC 37,777.48 2005856 08/18/2022 PRINTED 103563 PYRO-COMM SYSTEMS INC 70.00 2005857 08/18/2022 PRINTED 100762 QUADIENT INC. 770.81 2005858 08/18/2022 PRINTED 101642 QUENCH USA INC 5,506.20 2005859 08/18/2022 PRINTED 101352 J REFUGIO & REYNA VALTIER 39,765.45 2005860 08/18/2022 PRINTED 101230 R S AND H CALIFORNIA INC 1,126.00 2005861 08/18/2022 PRINTED 016394 GRACIELA RAMOS 915.00 2005862 08/18/2022 PRINTED 101629 THE RAMSAY GROUP 8,400.00 2005863 08/18/2022 PRINTED 101527 RATTLE TECH LLC 500.00 2005864 08/18/2022 PRINTED 101739 REFRIGERATION SUPPLIES DI 1,466.97 2005865 08/18/2022 PRINTED 101363 RICONDO AND ASSOCIATES IN 43,597.50 2005866 08/18/2022 PRINTED 016298 BRANDON RIGG 317.25 2005867 08/18/2022 PRINTED 100628 RIVERSIDE COUNTY CLERK 156.00 2005868 08/18/2022 PRINTED 100018 RIVERSIDE COUNTY FLOOD CO 3,943.75 2005869 08/18/2022 PRINTED 100453 RIVERSIDE COUNTY SHERIFF 47,754.00 2005870 08/18/2022 PRINTED 016434 ALEJANDRA RODRIGUEZ 628.74 2005871 08/18/2022 PRINTED 016025 ZEFERINO RODRIGUEZ 163.13 2005872 08/18/2022 PRINTED 103988 MELISSA RUSSELL 802.00 2005873 08/18/2022 PRINTED 016136 STEPHANIE SANDOVAL 915.00 2005874 08/18/2022 PRINTED 101542 SC COMMERCIAL 3,948.54 2005875 08/18/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 309,427.04 2005876 08/18/2022 PRINTED 101515 MARIA SHAFER 675.00 2005877 08/18/2022 PRINTED 100435 THE SHREDDERS 465.00 2005878 08/18/2022 PRINTED 103804 WEST AVIATION SERVICES-SA 13,956.25 2005879 08/18/2022 PRINTED 101852 SOLARCITY CORP 11,050.15 2005880 08/18/2022 PRINTED 101594 SOUTH COAST MECHANICAL IN 57,500.00 2005881 08/18/2022 PRINTED 100080 SOUTH WEST TOWING INC 719.00 2005882 08/18/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 15.02 2005883 08/18/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 260.08 2005884 08/18/2022 PRINTED 100594 SOUTHWEST PLUMBING INC 11,408.06 2005885 08/18/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 705.55 2005886 08/18/2022 PRINTED 100120 SPOK INC 46.02 2005887 08/18/2022 PRINTED 101356 ST FRANCIS ELECTRIC LLC 1,425.00 2005888 08/18/2022 PRINTED 100907 STEVE BECK 749.00 2005889 08/18/2022 PRINTED 101671 STREAMLINE AUTOMATION SYS 5,676.00 2005890 08/18/2022 PRINTED 101867 SWAGIT PRODUCTIONS LLC 4,090.00 2005891 08/18/2022 PRINTED 103782 T-MOBILE USA INC 100.00 2005892 08/18/2022 PRINTED 100031 TOPS N BARRICADES INC 6,834.65 2005893 08/18/2022 PRINTED 101391 TRANSUNION RISK AND ALTER 413.00 2005894 08/18/2022 PRINTED 103617 TRAVELSCAPE LLC / EXPEDIA 4,639.21 .. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/18/2022 14:24
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2005895 08/18/2022 PRINTED 103993 ALEJANDRA VALENCIA TRUJIL 55.00 2005896 08/18/2022 PRINTED 101384 TYLER TECHNOLOGIES INC 458,816.00 2005897 08/18/2022 PRINTED 100386 U S CUSTOMS SERVICE 1,525.56 2005898 08/18/2022 PRINTED 100114 UNITED RENTALS NA INC 2,563.31 2005899 08/18/2022 PRINTED 100034 US POSTAL SERVICE 1,100.00 2005900 08/18/2022 PRINTED 101327 US SECURITY ASSOCIATES IN 195,932.08 2005901 08/18/2022 PRINTED 100252 USDA APHIS 1,428.70 2005902 08/18/2022 PRINTED 103839 V-1 CONSULTING LLC 24,235.91 2005903 08/18/2022 PRINTED 100200 VALLEY LOCK AND SAFE 1,183.21 2005904 08/18/2022 PRINTED 100066 VALLEY MAIL DELIVERY 3,220.52 2005905 08/18/2022 PRINTED 100129 VCA ANIMAL HOSPITALS INC 668.75 2005906 08/18/2022 PRINTED 016151 MARCO VELA 163.13 2005907 08/18/2022 PRINTED 100267 VEOLIA WATER NORTH AMERIC 981,059.97 2005908 08/18/2022 PRINTED 100621 VERIZON BUSINESS 756.61 2005909 08/18/2022 PRINTED 100050 VISION SERVICE PLAN 11,702.24 2005910 08/18/2022 PRINTED 100121 VISIT GREATER PALM SPRING 403,686.11 2005911 08/18/2022 PRINTED 100121 VISIT GREATER PALM SPRING 90,487.54 2005912 08/18/2022 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 21.16 2005913 08/18/2022 PRINTED 101277 VOHNE LICHE KENNELS INC 300.00 2005914 08/18/2022 PRINTED 101220 WATERLINE TECHNOLOGIES 14,732.47 2005915 08/18/2022 PRINTED 100156 WAXIE SANITARY SUPPLY 9,840.41 2005916 08/18/2022 PRINTED 100222 WEST COAST ARBORISTS INC 19,465.05 2005917 08/18/2022 PRINTED 103660 WESTERN CAR MANUFACTURING 5,353.25 2005918 08/18/2022 PRINTED 100233 WESTERN PUMP INC. 3,715.53 2005919 08/18/2022 PRINTED 103503 MARK K WHITE 836.25 2005920 08/18/2022 PRINTED 100908 YAMADA SPA MANAGEMENT INC 360.00 2005921 08/18/2022 PRINTED 100124 ZUMAR INDUSTRIES 885.81 235 CHECKS CASH ACCOUNT TOTAL 6,309,676.65 .00 .. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/18/2022 14:24
User: PatrickW
Program ID: apchkrcn

UNCLEARED CLEARED
235 CHECKS FINAL TOTAL 6,309,676.65 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

CITY COUNCIL STAFF REPORT
09/29/2022   1. D.

City Clerk -

SUBJECT
SECOND READING AND ADOPTION OF ORDINANCE NO. 2065 AUTHORIZE ANNEXATION NO. 24 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2065 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).”
Attachments
Item 1D

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 29, 2022 CONSENT CALENDAR

SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2065 AUTHORIZE ANNEXATION NO. 24 TO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)

FROM: Teresa Gallavan, Interim City Manager

BY: Brenda Pree, City Clerk

RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2065 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).”

BACKGROUND:

On September 1, 2022, the City Council introduced Ordinance No. 2065 for the first reading, as noted below:

MOTION BY MAYOR MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 4 -0-1 (HOLSTEGE RECUSED) , to introduce Ordinance No. 2065 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).”

City Attorney’s Summary:

This Ordinance authorizes the City Council to levy special taxes within the City of Palm Springs Community Facilities District No. 2005 -1 and the Annexation Territory No. 24, Tract Map No. 38049 for the purpose of financing police services, fire protection and suppression services and life safety services.

City Council Staff Report
September 29, 2022 – Page 2
Initiation of Annexation No. 24 TM 38049 to CFD 2005-1

REVIEWED BY:

Department Director: Brenda Pree
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Ordinance No. 2065

ORDINANCE NO. 2065

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).

City Attorney’s Summary
This Ordinance authorizes the City Council to levy special taxes within the City of Palm Springs Community Facilities District No. 2005-1 and the Annexati on Territory No. 24, Tract Map No. 38049 for the purpose of financing police services, fire protection and suppression services and life safety services.

WHEREAS, the City of Palm Springs (the “City”) has conducted proceedings pursuant to the “Mello- Roos Community Facilities Act of 1982”, being Chapter 2.5, Part

1. Division 2, Titl e 5 of the Government Code of the State of California (the “Act”) and the City of Palm Springs Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Palm Springs under Sections 3, 5, and 7 of Article XI of the Constitution of the State of California (the “CFD Ordinance”) (the Act and the CFD Ordinance may be referred to collectively as the “Community Facilities District Law”), to establish t he City of Palm Springs Community Facilities District No. 200 5-1 (Public Safety Services) (the “District”) for the purpose of financing police services, fire protection and suppression services, and life safety services (the “Services”) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District is set forth in Exhibit B to the City Council Resolution entitled “A Resolution of the City Council of the City of Palm Springs, California, Forming and Establishing a C ommunity Facilities District,” (the “Resolution of Formation” ), which was ado pted on October 19, 2005; and
WHEREAS the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation ( the “A nnexation Ter ritory”), the City Council, on September 1, 2022, adopted 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 o f Prior Proc eedings, and Directing the

Ordinance No. 2065

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).”

NOW THEREFORE, THE CITY COU NCIL OF THE CITY OF PALM SPRI NGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the D istrict, including the Annexation Territory, pursuant to the Community Facilities District Law, at the rate and in accordance with the rate and method of apportionment of special tax set forth in the Resolution of Formation, which rate and method is by thi s reference in corporated herein. The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2006-07 pursuant to Ordinance No. 1677 passed and adopted by the City Council on November 2, 2005, and the special tax is hereby levied commencing in Fiscal Year 2022-23 in the District, including the Annexation Territory identified as Annexation No. 24, Tract Map No. 38049, and in each fiscal year thereafter to pay for the Services for the District and the costs of administering the District.

SECTION 3. The City’s Finance Director or designee or employee or consultant of the City is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fi scal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Resolution of Formation.

SECTION 4. Exemptions from the levy of the special tax shall be as provided in the Resolution of Formation and the applicable provisions of t he Community Facilities District Law. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution of Formation.

SECTION 5. All of the collections of the special tax shall be use d as provided in the Community Facilities District Law and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City in administering the D istrict, and the costs of col lecting and administering the special tax.

SECTION 6. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same pen alties and the same procedure and sal e in cases of delinquency as provided for ad valorem taxes; provided, however, that the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council. The Finance Director of the C ity is hereby authorized and di rected to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect proper billing and collection of the special tax, so that the special tax shall be includ ed

Ordinance No. 2065

on the secured property tax roll of the Count y of Riverside for Fiscal Year 2022-23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

SECTION 7. I f for any reason any portion of this Ordinance is found to be invalid, or if t he special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels withi n the District, including the Annexation Territory, shall not be affected.

SECTION 8. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passag e at least once in a newspaper of general circulation for the City.

SECTION 9. This Ordinance shall take effect 30 days from the date of final passage.

INTRODUCED ON THE 1st DAY OF SEPTEMBER, 2022, AND ADOPTED THIS 29nd DAY OF SEPTEMBER, 2022.

LISA MIDDLETON
MAYOR
ATTEST:
______

BRENDA PREE

CITY CLERK

Ordinance No. 2065

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, hereby cert ify that Ordinance No. 2065 is a full, true and co rrect copy as was duly adopt ed at a regular meeting of the City Council of the City of Palm Springs on September 29, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this _______ day of _____________, 2022.

____
Brenda Pree, City Clerk
City of Palm Springs, California

CITY COUNCIL STAFF REPORT
09/29/2022   1. E.

City Clerk -

SUBJECT
SECOND READING AND ADOPTION OF ORDINANCE NO. 2066 AUTHORIZE ANNEXATION NO. 25 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2066 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).”
Attachments
Item 1E

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 29, 2022 CONSENT CALENDAR

SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 206 6 AUTHORIZE ANNEXATION NO. 25 TO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)

FROM: Teresa Gallavan, Interim City Manager

BY: Brenda Pree, City Clerk

RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2066 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).”

BACKGROUND:

On September 1, 2022, the City Council introduced Ordinance No. 206 6 for the first reading, as noted below:

MOTION BY MAYOR MIDDLETON, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to introduce Ordinance No. 2066 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).”

City Attorney’s Summary:

This Ordinance authorizes the City Council to levy special taxes within the City of Palm Springs Community Facilities District No. 2005 -1 and the Annexation Territory No. 25, Tract Map No. 38416 for the purpose of financing police services, fire protection and suppression services and life safety services.

City Council Staff Report
September 29, 2022 – Page 2
Initiation of Annexation No. 25 TM 38416 to CFD 2005-1

REVIEWED BY:

Department Director: Brenda Pree
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Ordinance No. 2066

ORDINANCE NO. 2066

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).

City Attorney Summary
This Ordinance authorizes the City Council to levy special taxes within the City of Palm Springs Community Facilities District No. 2005-1 and the Annexati on Territory No. 2 5, Tract Map No. 38416 for the purpose of financing police services, fire protection and suppression services and life safety services.

WHEREAS, the City of Palm Springs (the “City”) has conducted proceedings pursuant to the “Mello- Roos Community Facilities Act of 1982”, being Chapter 2.5, Part

1. Division 2, Titl e 5 of the Government Code of the State of California (the “Act”) and the City of Palm Springs Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Palm Springs under Sections 3, 5, and 7 of Article XI of the Constitution of the State of California (the “CFD Ordinance”) (the Act and the CFD Ordinance may be referred to collectively as the “Community Facilities District Law”), to establish the City of Palm Springs Community Facilities District No. 200 5-1 (Public Safety Services) (the “District”) for the purpose of financing police services, fire protection and suppression services, and life safety services (the “Services”) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District is set forth in Exhibit B to the City Council Resolution entitled “A Resolution of the City Council of the City of Palm Springs, California, Forming and Establishing a Co mmunity Facilities District,” (the “Resolution of Formation” ), which was adopted on October 19, 2005; and
WHEREAS the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation ( the “A nnexation Territory”), the City Council, on September 1, 2022, adopted a Resolution entitled “A Resolution of the City Council of the City of Palm Springs, California, Declaring the Results of a Special Annexation

Ordinance No. 2066

Landowner Election, Determining Validity o f Prior Proc eedings, 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).”

NOW THEREFORE, THE CITY COU NCIL OF THE CITY OF PALM SPRI NGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the D istrict, including the Annexation Territory, pursuant to the Community Facilities District Law, at the rate and in accordance with the rate and method of apportionment of special tax set forth in the Resolution of Formation, which rate and method is by thi s reference in corporated herein. The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2006-07 pursuant to Ordinance No. 1677 passed and adopted by the City Council on November 2, 2005, and the special tax is hereby levied commencing in Fiscal Year 2022-23 in the District, including the Annexation Territory identified as Annexation No. 25, Tract Map No. 38416, and in each fiscal year thereafter to pay for the Services for the District and the costs of administering the District.

SECTION 3. The City’s Finance Director or designee or employee or consultant of the City is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fi scal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Resolution of Formation.

SECTION 4. Exemptions from the levy of the special tax shall be as provided in the Resolution of Formation and the applicable provisions of t he Community Facilities District Law. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution of Formation.

SECTION 5. All of the collections of the special tax shall be use d as provided in the Community Facilities District Law and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City in administering the D istrict, and the costs of col lecting and administering the special tax.

SECTION 6. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same pen alties and the same procedure and sale i n cases of delinquency as provided for ad valorem taxes; provided, however, that the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council. The Finance Director of the C ity is hereby authorized and di rected to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect

Ordinance No. 2066

proper billing and collection of the special tax, so that the special tax shall be includ ed on the secured property tax roll of the Count y of Riverside for Fiscal Year 2022-23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

SECTION 7. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within t he District, including the Annexation Territory, shall not be affected.

SECTION 8. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passag e at least once in a newspaper of general circulation for the City.

SECTION 9. This Ordinance shall take effect 30 days from the date of final passage.

INTRODUCED ON THE 1st DAY OF SEPTEMBER, 2022, AND ADOPTED THIS 29nd DAY OF SEPTEMBER, 2022.

LISA MIDDLETON
MAYOR
ATTEST:
______

BRENDA PREE, MMC

CITY CLERK

Ordinance No. 2066

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PR EE, City Clerk of the City of Palm Springs, hereby ce rtify that Ordinance No. 2066 is a full, true and co rrect copy as was duly adopted at a regular meeting of the City Council of the City of Palm Springs on September 29, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this _______ day of ___________________, 2022.

____
Brenda Pree, City Clerk
City of Palm Springs, California

CITY COUNCIL STAFF REPORT
09/29/2022   1. F.

City Clerk -

SUBJECT
RATIFY THE NOMINATION OF RIVERSIDE COUNTY REPRESENTATIVE TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR A TERM ENDING JUNE 30, 2023
RECOMMENDATION:

Appoint Paul Slama, as the Riverside County representative, to the Palm Springs International Airport Commission effective immediately for a term ending June 30, 2023.

Attachments
Item 1F

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 29, 2022 CONSENT CALENDAR

SUBJECT: RATIFY THE NOMINATION OF RIVERSIDE COUNTY

REPRESENTATIVE TO THE PALM SPRINGS INTERNATIONAL
AIRPORT COMMISSION FOR A TERM ENDING JUNE 30, 2023

FROM: Teresa Gallavan, Interim City Manager

BY: Brenda Pree, City Clerk

SUMMARY

The City Council will consider the appointment of the County of Riverside representative to the Palm Springs International Airport Commission for the term ending June 30, 2023.

RECOMMENDATION:

Appoint Paul Slama, as the Riverside County representative, to the Palm Springs International Airport Commission effective immediately for a term ending June 30, 2023.

BACKGROUND:

In November 2007, the City Council amended the Palm Springs Municipal Code to provide that each representative city and the County of Riverside nominates, and the Palm S prings City Council appoint the representative member to the Palm Springs International Airport Commission.

The City has received notification from the County of Riverside of their nomination of Peter Slama, as the County of Riverside representative to the Commission, for the term ending June 30, 2023.

STAFF ANALYSIS:

The City Council may appoint the Riverside County nominee. Alternatively, the City Council may choose to interview the candidate prior to the appointment; or take no action on this appointment and direct the City Clerk to notify the County of Riverside to make a further nomination.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Brenda Pree
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Riverside County Nomination Letter

SUBMITTAL TO THE BOARD OF SUPERVISORS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FROM: SUPERVISOR V. MANUEL PEREZ:

ITEM: 2.5
(ID# 19643)
MEETING DATE:

Tuesday, July 26, 2022
SUBJECT: SUPERVISOR V. MANUEL PEREZ: Appointment of Paul Slama to the Palm Springs International Airport Commission, Fourth District [$0] RECOMMENDED MOTION: The Board of Supervisors appoint member to:

Committee, Commission, or Board: Palm Springs International Airport Commission Type of Nomination: 4th District
Member: Name: Paul Slama
Address:

Term of Appointment: Full term is three years. Filling out the remainder of Peter Freymuth's term, ending 06/30/2023
ACTION:Consent
7/15/2022

MINUTES OF TME BOARD OF SUPERVISORS
On motion of Supervisor Spiegel seconded by Supervisor Perez and duly carried by unanimous vote, IT WAS ORDERED that the above matter is approved as recommended.

Ayes:

Nays:

Absent:

Date:
xc:

Jeffries, Spiegel, Washington, Perez and Hewitt
None
None
July 26, 2022
BOS~ District 4, Commission, Appointee, COBAB/LW
ID# 19643
Kecia R. Harper
Clerk of the . f
By:

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CITY COUNCIL STAFF REPORT
09/29/2022   1. G.

City Clerk -

SUBJECT
STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JULY 1 THROUGH JULY 30, 2022
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of July 1 through July 30, 2022.

Attachments
Item 1G

CITY COUNCIL STAFF REPORT

DATE: S EPTEMBER 29, 2022 CONSENT CALENDAR

SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JULY 1 THROUGH JULY 30, 2022

FROM: Teresa Clifton, Interim City Manager

BY: Office of the City Clerk
Procurement Department

RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of July 1 through July 30, 2022.

AGREEMENTS

Purchase Orders

NUMBER

VENDOR

DESCRIPTION

DEPARTMENT
A9163 Galls, LLC A contract for the purchase of body
armor with related accessories,
equipment, and services.

Police Department

A9175 LCR Earthwork
& Engineering
Corporation
A public works contract for CP 21-14
regarding the Airport Regional
Concourse Gate 16 Taxiway repair.

Engineering -
Public Works

A9176 Waxie’s
Enterprise
A contract for janitorial and sanitation
supplies, equipment, and related
services.

Fire Department

Number

Vendor

Description

Amount

Department

23000110

Palm Springs
Motors
Belt Tensioner

$78.54

Fleet Operations
23000108

Daniels Tire
Service Inc
Tires for Fleet Stock

$186.31

Fleet Operations
23000117

Daniels Tire
Service Inc
2 Tires for Unit 50014 $199.23

Fleet Operations

City Council Staff Report
September 29, 2022 - Page 2
Staff Authorized Contracts & Purchase Orders

23000111 Daniels Tire
Service Inc
Wheel Alignment Unit
306617
$209.00 Fleet Operations
23000105

Valley Lock and
Safe
Men's Custodial Closet
Lock Repair
$237.50 Aviation
Department
23000115

Visual Edge Inc
Dba Image
Source
Moving of the Large
Xerox Machine to The
Modulars
$260.00

Downtown
Maintenance

23000112

Palm Springs
Motors
Catalytic Converter
Police Unit 209618
$312.84 Fleet Operations
23000113

Daniels Tire
Service Inc
Tires for Fleet Stock

$351.48

Fleet Operations

23000036 Kone Inc Call Out Escalator
Repair
$387.43 Aviation Dept.
23000033 Patton Door And
Gate
Repair of Swim Center
Gate
$450.00

Downtown
Maintenance
23000126

Motoworx
Garage
Repair of Unit 2mtr19 -
Trainer Motorcycle
$470.00 Fleet Operations
23000114

Daniels Tire
Service Inc
2 Tires for Medic Squad
10md19.

Size 275/70R18
$535.66

Fleet Operations
23000025

Jessup Auto
Plaza
Repairs on 2017 Volt $539.90

Fleet Operations

23000068

The Toro
Company-Dba
Rain Master
Remote System for
Lighting Annual Fee

$597.00

Recreation
Department
23000048

Quench USA Inc Pm for Fire Station
Water Coolers
$642.39 Fire Department
23000104

Valley Lock and
Safe
Locksmith Services $642.64 Aviation
Department
23000055

CDW
Government Inc
Sophos Firewalls
Support Renewal

$716.76

Info Technology

23000026

Zoom Video
Communications
Inc
Added 2 New Zoom
Licenses

$755.80

Info Technology

23000071

Original
Watermen
Lifeguard Shorts $833.15 Recreation
Department
23000101 Quench USA Inc Water Cooler Rental for
FTC
$890.00 Fire Department

23000073 Sparkletts - DS
Services of
America Inc.

Rental Of Equipment
and Bottled Water
Delivery
$1,000.00

Police Department

23000018 Discount Two-
Way Radio Corp
Radios for Lifeguard
Team
$1,000.46 Recreation
Department
23000123 Motoworx
Garage
Mechanical Repair to
Unit 2M7819
$1,121.50

Fleet Operations

City Council Staff Report
September 29, 2022 - Page 3
Staff Authorized Contracts & Purchase Orders

23000069 Jimmy’s
Equipment
Walk Behind Saw $1,203.61

Streets
Maintenance
23000089 Kincaid
Industries Inc
PS Library Men's
Restroom Blockage
$1,317.48

Facilities
Maintenance
23000058 TC Life Safety
Inc
TC Life Safety -
Smokesaber Aerosol
Smoke Spray
$1,371.30

Special Programs
Compliance

23000090 Planit
Reprographics
Off-Site Reprographic
Services and Supplies
$1,500.00 Engineering -
Public Works
23000047 Downtown Shell Unlimited Vehicle
Washes
$1,560.00

Fire Department

23000125 Custom Sticker
Central
Recycling Stickers $1,682.45

Sustainability

23000044 Amtech Elevator
Services
Call Out Elevator
Service
$1,810.50

Aviation
Department
23000119 Infotox Inc

Clearance Report for
Mold Remediation
$1,925.00

Downtown
Maintenance
23000074 B H Photo Full HD Digital Signage
Display/Reg TT#25652
$1,947.04

Info Technology

23000024 Waxie Sanitary
Supply
Trash Liners and Rags
For Downtown
$2,054.25

Downtown
Maintenance
23000072 Zumar Industries Citywide Street Signs $2,056.52

Facilities
Maintenance
23000042 Burrtec
Environmental
Portable Restroom
Rental for City Yard
$2,303.92

Downtown
Maintenance
23000097 Kincaid
Industries Inc
Emergency Drain Clean
Out at Demuth
Community.
$2,617.48

Facilities
Maintenance

23000120 Proquest Proquest Renewal FY
2022-2023
$2,635.80

Library

23000121 DLT Solutions
LLC
AutoCAD Annual
Subscription
$2,767.12

Engineering -
Public Works
23000102 Airwave
Communications
Ent
PSP Motorola Battery's $2,964.79

Aviation
Department

23000127 Coachella Valley
Economic
Partnership
2022 CVEP Summit
Sponsorship
$3,000.00

Community &
Economic Dev.

23000017 Impression
Design Group
Summer Camp T-Shirts
Camp Palm Springs
$3,099.75

Recreation
Department
23000043 DRI-Stick Dba
Rydin Decal
Airport Badges / Permits $3,289.72

Aviation
Department
23000049 Atlantic Palm
Springs
Monthly Rent for T-
Hangar
$3,300.00

Police Department

23000124 CDW
Government Inc
Samsung Galaxy A12
For PSP TT#24655
$3,370.35

Info Technology

23000032 Steve Mark
Martin
Replacement Reflective
Decals for ARFF Units
$3,496.00

Fire Department

City Council Staff Report
September 29, 2022 - Page 4
Staff Authorized Contracts & Purchase Orders

23000075 OCLC Inc OCLC Renewal FY
2022-2023
$3,807.52 Library

23000070 Waxie Sanitary
Supply
Floor Cleaner $3,857.60

Recreation
Department
23000107 Marvins Auto
Paint Inc.

Paint Repair. Police Unit
208618
$3,967.35

Fleet Operations

23000100 Royal Canin Purchase Of Dog Food
for Police K9's
$4,000.00

Police Department

23000067 First Student Inc Automobiles, School
Buses, SUVs, And
Vans,
$4,399.27

Recreation
Department

23000021 Refrigeration
Supplies
Distributor
Actuator $4,550.93

Facilities
Maintenance

23000050 Transunion Risk
and Alternative
Searches and Reports
Through Trads
$4,800.00

Police Department

23000029 Amazon.Com
Sales Inc
Purchase Of Goods for
PSNTF On City Amazon
Account
$5,000.00

Police Department

23000092 Waxie Sanitary
Supply
Station 5 - Repair
Services & Supplies
$5,000.00

Fire Department

23000093 Waxie Sanitary
Supply
Station 4 - Repair
Services & Supplies
$5,000.00

Fire Department

23000094 Waxie Sanitary
Supply
Station 3 - Repair
Services & Supplies
$5,000.00

Fire Department

23000099 Waxie Sanitary
Supply
Station 1 - Repair
Services & Supplies
$5,000.00

Fire Department

23000109 VCA Animal
Hospitals Inc
Veterinary Services for
FD K9
$5,000.00

Fire Department

23000096 Herc Rentals Inc 2000 Gallon Water
Truck Rental
$5,254.21

Fleet Operations

23000028 Quench USA Inc Annual Water Cooler
Rentals
$5,506.20

Fire Department

23000065 Diamond
Environmental
Services
Annual Portable Toilet
Rental
$5,769.17

Sustainability

23000063

Rattle Tech LLC
Mobile App Hosting &
Support
$6,000.00

Info Technology

23000098 Waxie Sanitary
Supply
Station 2 - Repair
Services & Supplies
$10,000.00 Fire Department

23000106 KCS
Lawnmower
Shop LLC
Off-Site Repairs and
Parts
$10,000.00 Downtown
Maintenance

23000118 Counts
Unlimited Inc
Traffic Counts $10,000.00 Engineering -
Public Works
22001302 The Art
Collective LLC
Professional Fine Art
Services - Bogert Statue
$11,337.80 A/City Manager
Admin

City Council Staff Report
September 29, 2022 - Page 5
Staff Authorized Contracts & Purchase Orders

STAFF ANALYSIS:

The City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are $7 5,000 or less, and certain other amendments and change orders as previously approved by the City Council.

Palm Springs Municipal Code §7.02.030(k) requires a monthly report be submitted to the City Council.

The original contract documents are on file in the Office of the City Clerk and purchase orders are on file in the Procurement Division.

23000037 Professional
Asbestos
Removal
Corporation
Purge Mold and Lead
Tile from Fleet
Restroom A9108
$11,705.00 Facilities
Maintenance
23000128 Park Consulting
Group Inc
Implementation Services
for Tyler Ener-gov
$15,000.00 Info Technology
23000091 Shade
Structures Inc
Cp 21-22, Desert
Highland Park Shade
Structure
$17,763.33 Engineering -
Public Works
23000116 Intelesysone Annual Renewal for
Mitel Support
$22,735.00 Info Technology

23000041 Vesta Housing
Solutions LLC
Emergency Flood (City
Yard) Modular Building
Rental
$22,860.56 A/City Manager
Admin

23000057 Allison
Mechanical Inc
City Yard HVAC Frame
Roof Supports & 7 Roof
Curbs
$24,086.03 A/City Manager
Admin

23000086 OCLC Inc OCLC, Cataloging
Subscription Renewal
FY 2022-2023
$28,338.32 Library
23000038 DTPSC15LLC Downtown Public
Restrooms
$38,669.92 A/City Manager
Admin
23000039 Albert A. Webb
Associates
HSIP Cycle 11 Grant
Application Assistance
$39,200.00 Engineering -
Public Works
23000052 Alexandra Jabr CQI Coordinator
Services
$50,000.00 Fire Department

23000054 Townsend
Public Affairs Inc
Townsend Pa Grant
Writing Legislative
Advocacy Srv
$57,500.00 A/City Manager
Admin
23000053 Waxie Sanitary
Supply
Airport Janitorial
Supplies/Repairs
$65,550.00 Aviation
Department
23000088 Galls LLC Uniforms, Equipment,
Gear, And Vests
$70,000.00 Police Department

City Council Staff Report
September 29, 2022 - Page 6
Staff Authorized Contracts & Purchase Orders

REVIEWED BY:

Department Director: Brenda Pree
Interim City Manager: Teresa Gallavan

CITY COUNCIL STAFF REPORT
09/29/2022   1. H.

City Clerk -

SUBJECT
ACCEPTANCE OF THE AIRPORT DEMONSTRATION GARDEN, CITY PROJECT 21-13
RECOMMENDATION:

Accept the public works improvement identified as Airport Demonstration Garden, City Project No. 21-13 (“Project”), as completed in accordance with the plans and specifications.

1. Authorize the City Engineer to execute and file the Riverside County Notice of Completion for the Airport Demonstration Garden, City Project No. 21-13.

2. Attachments
Item 1H

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 29, 2022 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF THE AIRPORT DEMONSTRATION GARDEN, CITY PROJECT 21-13

FROM: Teresa Gallavan, Interim City Manager

BY: Engineering Services Department and Office of Sustainability

SUMMARY:

On November 4, 2021, the City awarded a construction contract in the amount of $157,266.50 to Marina Landscape, Inc., for the Airport Demonstration Garden. The project was determined to be substantially complete on May 25, 2022 and completed a 90-day maintenance and monitoring period on August 25, 2022. Formal City acceptance of the Airport Demonstration Garden, City Project 21- 13, is required to document the completion of public works improvements and to allow the City’s fi ling of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.

RECOMMENDATION:

1. Accept the public works improvement identified as Airport Demonstration Garden, City Project No. 21-13 (“Project”), as completed in accordance with the plans and specifications; and

2. Authorize the City Engineer to execute and file the Riverside County Notice of Completion for the Airport Demonstration Garden, City Project No. 21-13.

BACKGROUND:

The City embarked on the effort to create a Demonstration Garden at the Palm Springs Airport in 2020, pursuant to the City’s goal to reduce water use in City facilities by 50%.

In collaboration with staff from the Desert Water Agency (DWA) and the Airport, the Demonstration Garden was conceived as an emblem of the region’s commitment to water conservation for visitors and residents, providing an opportunity to show how water efficient landscapes can be attractive and inviting. Three plots between the Airport’s terminal and the fountain were selected for conversion with a total area of approximately

8,500 square feet. The conversion will be supported by DWA’s turf conversion rebate of $3 per square foot.

City Staff from the Office of Sustainability, Department of Engineering, and the Airport worked with David Evans and Associates (DEA) to develop a landscape design for the Demonstration Garden in 2020, under an agreement approved by the City Council on February 13, 2020. The resulting designs, which were presented to the City Council on October 8, 2020, formed the basis of an informal solicitation in 2021 yielding Marina Landscape, Inc. as the selected contractor. The contract was awarded in the amount of $157,266.50 on November 4, 2021 as City Project No. 21-13.

STAFF ANALYSIS:

Construction of the Project began December 6, 2021 and was determined to be substantially complete on May 25, 2022. A 90 -day maintenance period was put in place to monitor and replace plants as needed, which ended on August 25, 2022. Throughout construction of the Project, there were two contract change orders described below:

• Contract Change Order No. 1 (CCO1) in the amount of $3,727.27 to mitigate the soil due to the lack of in-situ nutrients.
• Contract Change Order No. 2 Final Balancing (CCO2) in a credit amount of $2,100 to be used by the Airport to replace a damaged light pole that was struck during construction. The contractor was not able to procure the material and the Airport accepted a credit so they can replace on their own. A copy of CCO2 is included as Attachment A.

The final construction of the Project increased to $158,893.77 from the original awarded contract amount of $157,266.50. This represents a 1.03% net increase to the contract price. There are sufficient funds to cover CCO1 & CCO2.

As determined by City Staff, Marina Landscape, Inc., satisfactorily completed the Project on August 25, 2022. Staff recommends the City accept the Project as required by Section 9200 of the California Civil Code and authorize the City Engineer to file and record a Notice of Completion to be submitted to the County. A copy of the Notice of Completion is included as Attachment B.

The City’s Procurement and Contracts Department Policies and Procedures, Section

3.6.2., covers construction of Public Projects of $200,000 or less – as established by the Public Contract Code Section 22032(b), Public Projects can be procured by an informal public project bidding procedure. Contracts equal to or less than $200,000 may be signed by the City Manager based upon the delegation of signature authority from the City Council.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are 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 15304 "MINOR ALTERATIONS TO LAND," Class 4 projects consist of minor public or private alterations in the condition of land, water, and/ or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. This project involves minor alterations of the land to remove existing turf and a bed of annual plantings and to replace these areas with water efficient and drought -tolerant plantings, a path to facilitate viewing, and water efficient irrigation equipment. Therefore, in accordance with Section 15304 (b), Staff determined that the proposed improvements to the City’s existing Airport landscape is considered categorically exempt from CEQA, and a Notice of Exemption has been filed with the Riverside County Clerk. In addition, Staff have determined that the project will have the environmental benefit of reduced water use because of the incorporation of more water efficient landscape features.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

The final construction cost is $158,893.77. Currently, there is $8,049.69 being held in retention. With a credit due to the Airport of $2,100, there is a total amount of $5,949.69 owed to Marina Landscape, Inc., pending acceptance of improvements and filing the Notice of Completion with the County Recorder’s Office. The project account will be closed upon final payment to the contractor.

REVIEWED BY:

Department Director: Joel Montalvo
Department Director: Lindsey-Paige McCloy
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Contract Change Order No. 2 – Final Balancing
B. Notice of Completion (NOC) Form
C. Photographs of completed Demonstration Garden

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER
City Project No. 21-13 Airport Demonstration Garden

Contract Change Order Number: 1
Date: March 15, 2022
Contractor: Marina Landscaping, Inc.

CONTRACT CHANGE ORDER SUMMARY
During the course of construction, a soils analysis was conducted, it was determined that the existing on- site soils were not suitable to sustain any new plants. As a result, soil amendment is needed which was not accounted for during the original scope of work and contract amount.

CONTRACT CHANGE ORDER COST
Item No. DESCRIPTION UNIT AMOUNT
1 Soil Amendments per Soils Report LS $3,727.27

REASON FOR CHANGES:

This is a change order in the amount of $3, 727.27 and a onetime, lump sum cost, to mitigate the on- site soils to favorable nutrient levels needed for the plants to thrive.

CHANGES TO CONTRACT TIME:

There are no additional contract days requested by the contractor.

Source of Funds:

Sufficient funds budgeted and available in Unscheduled Capital Projects, Account No. 1382015.60025

Summary of Costs:

Original Contract Amount: $157,266.50 Original Contract Time: 80 working days Previous Change Order Amount:

$0 Previous Days Added: 0
This Change Order Amount: $3,727.27 Days Added: 0
Revised Contract Amount: 160,993.77 Revised Contract Time: 80 working days

I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Marina Landscape, Inc.

Signature – Nikki Williams, Owner Rep Date
City of Palm Springs
Recommended By:

Tracy Sheldon, Acting Sustainability Director Date
Recommended By:

Flinn Fagg, Director of Development Services Date
Attest By:

Monique Lomeli, Acting City Clerk Date
Attachments: (A) Marina Landscape Inc., Change Order Proposal

Distribution:

Original Conformed Copy: Conformed - File Copy:

Contractor (1) Engineering Pay File (1)
City Clerk (1) City Project File (1)
Purchasing (1)
Finance (1)

I I I I I

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER
City Project No. 21-13 Airport Demonstration Garden
Contract Change Order Number 2

Date: September 14, 2022
Contractor: Marina Landscape, Inc.

CONTRACT CHANGE ORDER SUMMARY
This Contract Change Order No. 2 provides for contract adjustments as indicated below.

CONTRACT CHANGE ORDER COST
Item No. DESCRIPTION UNIT AMOUNT
1 Credit to repair light pole damaged during
construction by Airport Staff LS -$2,100
Total Change Order Amount: -$2,100
REASON FOR CHANGES:

This is a credit change order in the amount of -$2,100 and represents final balancing of costs.

CHANGES TO CONTRACT TIME:

No increase to contract time

Source of Funds:

All project credits shall be returned to Account 1382015-80000.

Summary of Costs:

Original Contract Amount: $157,266.50 Start Date: 12/06/2021 Previous Change Order Amount:

$3,727.27 Previous Days Added: 0
This Change Order Amount: -$2,100.00 Days Added: 0
Revised Contract Amount: $158,893.77 Revised Completion: 08/25/2022

I have received a copy of this Change Order and the above AGREED PRICES are acceptable to

Marina Landscape, Inc.

Signature – Nikki Williams, Senior PM Date
City of Palm Springs

Recommended By:

Joel Montalvo, City Engineer Date
Attest By:

Brenda Pree, City Clerk Date
Distribution:

Original Conformed Copy: Conformed - File Copy:

Contractor (1) Engineering Pay File (1)
City Clerk (1) City Project File (1)
Purchasing (1)
Finance (1)

I I

Name
Street
Address
City &
State

SPACE ABOVE THIS LINE FOR RECORDERS USE

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

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

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

Name Street and No. City State
__________________________________________________________________________________________________________

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

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

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

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

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

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

___________________________________________________________________________________________________________

9. The street address of said property is:
___________________________________________________________________________________________________________

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

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

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

Recording Requested By:

When Recorded Mail To:

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

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

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

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

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

Witness my hand and official seal.
_____________________________________________
Signature
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

CITY COUNCIL STAFF REPORT
09/29/2022   1. I.

City Clerk -

SUBJECT
ACCEPTANCE OF DEMUTH AND DESERT HIGHLAND PARK RESTROOM
PROJECT, CITY PROJECT 20-30
RECOMMENDATION:

Accept the public works improvement identified as Demuth and Desert Highland Park Restroom, City Project No. 20-30 (“Project”), as completed in accordance with the plans and specifications.

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Demuth and Desert Highland Park Restroom, City Project No. 20-30.

2. Attachments
Item 1I

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 29, 2022 CONSENT CALENDAR

SUBJECT: A CCEPTANCE OF DEMUTH AND DESERT HIGHLAND PARK RESTROOM PROJECT, CITY PROJECT 20-30

FROM: Teresa Gallavan, Interim City Manager

BY: Engineering Services Department

SUMMARY:

Formal City Council acceptance of the Demuth and Desert Highland Park Restroom s, City Project 20-30, is required to document the completion of public works improvements and to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.

RECOMMENDATION:

1. Accept the public works improvement identified as Demuth and Desert Highland Park Restroom, City Project No. 20- 30 (“Project”), as completed in accordance with the plans and specifications; and

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Demuth and Desert Highland Park Restroom, City Project No. 20-30.

BACKGROUND:

On July 21, 2021, the City Council awarded a construction contract in the amount of $838,000 to R.E. Chaffee Construction, Inc . for Demuth and Desert Highland Park Restroom, City Project No. 20-30.

STAFF ANALYSIS:

Construction of the Project began October 2021 and was determined to be substantially complete on August 18, 2022. T hroughout construction of the Project, there w ere two contract change orders for a total amount of $65,037.91 described below.

• C ontract Change Order No. 1 (CCO1) in the amount of $49,476.18 was added for the relocation and additional length of sewer lateral installed at Desert Highland Park. A copy of CCO1 is included as Attachment A.

City Council Staff Report
September 29, 2022 -- Page 2
Acceptance of CP 20-30 Demuth Park Restrooms

• C ontract Change Order No. 2, Final Balancing (CCO2) in the amount of $15,561.73 was for additional earthwork performed, sidewalk remov al and replacement and electrical work for the flush valves at Desert Highland Park. A copy of CCO2 is included as Attachment B.

The final construction of the Project increase d by $65,037.91 from the original awarded contract amount of $838,000. This represents a 7.76% net increase to the contract price.

There are sufficient funds to cover CCO2.

As determined by City Staff, R.E. Chaffee Construction, Inc. satisfactorily completed the Project on August 18, 2022. Staff recommends that the City Council accept the Project as required by Section 9200 of the California Civil Code and authorize the C ity Engineer to file and record a Notice of Completion to be submitted to the County. A copy of the Notice of Completion is included as Attachment C.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15303 “New Construction or Conversion of Small Structures”, Class 3 projects consist of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Therefore, Staff has determined that the Demuth and Desert Highland Park Restroom, City Project No. 20-30, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

There are two change orders associated with this Project related to a revision in the project scope for completion . The final construction cost is $903,037.91. The City is holding retention funds in the amount of $45,151.89 for R.E. Chaffee Construction, Inc. pending acceptance of improvements and filing the Notice of Completion with the County Recorder’s Office. The project account will be closed upon final payment to the contractor.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan

City Council Staff Report
September 29, 2022 -- Page 3
Acceptance of CP 20-30 Demuth Park Restrooms

ATTACHMENTS:

A. Change Order 1
B. Change Order 2 – Final Balancing
C. Notice of Completion

Attachment A

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER
To: R.E. Chaffee Construction , Inc.
1253 Evergreen Rd. Suite #3
Wrightwood , CA 92397
CHANGES IN WORK:

Date:

Project No:

Project:

Chan ge Order
March 16, 2022
20-30
Park Restrooms
One (1)
Current sewer infrastructure at Desert Highland Park does not allow for proper serv icing of the new restroom faci lity. This item will allow for the installation of a new 6" sewer lateral. Th is will provide for the fun ction of the new restroo m and w ill additionally provide infrastructure for future use by the James 0 . Jessie Desert Highland Unity Center should the function of the current lateral continue to deteriorate.

Scope: This item takes into accou nt a credit for sewer lateral installation work planned as part of the project as originally bid. The scope of this item is to construct approx imately an additional 330 LF of 6" Sewer Lateral from the new restroom facility to the sewer main in Tramvie w Rd. This work will includ es but is not necessarily limited to:
- Installatio n of 6" SOR 35 sewe r lateral at an approx imate excava tion depth of 4 to 7 feet with Clean-outs installed at 200 ft interval and s loped to provide appropriate d rainage. - Installatio n and conn ection to existing 8" VCP sewer main via 8"x6" saddle connect ion. - Removal and replace ment of 3" AC pav ing as necessary to allow for lateral installation including 12 in 'T" section h eader gut/grind.
- Traffic Control as necessary to complete stree t operations .

All work to be performed in acco rdance with the Specia l Provision, applicable City S tandard Drawin gs an Public Works Construction Gree nbook.

Barring any unknown conditions this work will be constructed, complete , fun ctiona l in in place for the Lump Sum/Agreed Price indicated:

Lump Sum/Agreed Price
SOURCE OF FUNDS:

Sufficient funds are available in Accou nt No. 1522000-8000 Qu imby SUMMARY OF COSTS :

Original Contract Amount:

This Change Order:

Previous Change Order(s):

Revised Contract Amount:
$ 838,000.00
$49,476.18
$0.00
$ 887,476 .18
[SIGNATURES ON NEXT PAGE]
$49,476.18

Contract Change Order No. 1
March 16, 2022

I have received a copy of this Change Order and the above AGREED PRICE is acceptable to R.E. Chaffee Construction, Inc. (/jj1,_~
_S_i_g_._na"""t-u ...... re'--""---"--'~'-----------
City of Palm Springs
Recommended By:
!"''~ i-l l 51--z,:v
Approved By:

Attest By:

Distribution :

Original Conformed Copy :

Contractor (1)
City Clerk (1)
Printed Name and Title
Monique L~ Acting City Clerk
A 15a. IL{
Conformed - File Copy:

Engineering Pay File
Project City File
Purcha sin~
Finance
(1)
(1)
( 1)
(1)
'oa

Attachment B

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER

To: R.E. Chaffee Construction, Inc. Date:

August 22, 2022
1253 Evergreen Rd. Suite #3 Project No: 20-30
Wrightwood, CA 92397

Project: Park Restrooms
Change Order

Two (2)

CHANGES IN WORK:

This change order provide compensation for additional work necessary for the completion of park restrooms. This change order is inclusive of the following items of work:

Relocation of Dirt Stock piles at Desert Highland Park Lump Sum/Agreed Price $3,580.73 Removal and Replacement of Existing Park Walkway Lump Sum/Agreed Price $2,000.00 Electrical Work Necessary for Addition of Elec. Flush Valves Lump Sum/Agreed Price $9,981.00

Total Change Order Amount $15,561.73

SOURCE OF FUNDS:

Sufficient funds are available in Account No. 1522000-8000 Quimby

SUMMARY OF COSTS:

Original Contract Amount: $ 838,000.00
This Change Order: $ 15,561.73
Previous Change Order(s): $ 49,476.18
Revised Contract Amount: $ 903,037.91

Contract Change Order No. 2
August 22, 2022

[SIGNATURES ON NEXT PAGE]

I have received a copy of this Change O rder and the above AGREED PRICE is acceptable to

R.E. Chaffee Construction, Inc.

Signature Date

Printed Name and Title

City of Palm Springs

Recommended By:

Joel Montalvo, City Engineer Date

Approved By:

Flinn Fagg, Deputy City Manager Date

Attest By:

Monique Lomeli, Acting City Clerk Date

Distribution:

Original Conformed Copy: Conformed - File Copy:

Contractor (1) Engineering Pay File (1)
City Clerk (1) Project City File (1)
Purchasing (1)
Finance (1)

Attachment C

Name
Street
Address
City &
State

SPACE ABOVE THIS LINE FOR RECORDERS USE

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

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

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

Name Street and No. City State
__________________________________________________________________________________________________________

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

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

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

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

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

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

___________________________________________________________________________________________________________

9. The street address of said property is:
___________________________________________________________________________________________________________

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

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

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

Recording Requested By:

When Recorded Mail To:

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

I dec
lare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

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

PROOF OF SERVICE DECLARATION
a.
b.
c. 
_____________________________________________________________ (Signature of Person Making Service)

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

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

Witness my hand and official seal.
_____________________________________________
Signature
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

CITY COUNCIL STAFF REPORT
09/29/2022   1. J.

City Clerk -

SUBJECT
ACCEPTANCE OF $6,569,942 IN MATCHING GRANT FUNDS FROM THE CALIFORNIA STATE LIBRARY UNDER THE BUILDING FORWARD GRANT PROGRAM FOR THE PALM SPRINGS PUBLIC LIBRARY RENOVATION
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE, AND EXECUTION OF THE GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET ACT OF 2021 (SB 129).

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

Attachments
Item 1J

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 29, 2022 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF $6,569,942 IN MATCHING GRANT FUNDS FROM

THE CALIFORNIA STATE LIBRARY UNDER THE BUILDING FORWARD

GRANT PROGRAM F OR THE PALM SPRINGS PUBLIC LIBRARY

RENOVATION

FROM: Teresa Gallavan, Interim City Manager

BY: D epartment of Library Services

SUMMARY:

This action requests City Council to approve a resolution authorizing the grant application, acceptance, and execution of grant funds from the California State Library under the Building For ward Grant Program for the Palm Springs Public Li brary renovation project.

RECOMMENDATION:

1. A dopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE GRANT

APPLICATION, ACCEPTANCE, AND EXECUTION OF THE GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET ACT OF 2021 (SB 129).

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

STAFF ANALYSIS:

On March 10 , 2022, City Council approved the application submission of “Building Forward: Library Infrastructure” grant.

Through the application process, the City learned that they were awarded $6,569,942 in matching funds for the Palm Spr ings Public Library Renovation project. Staff recommends approval of this grant project . Per grant guidelines, all grant -funded work must be completed by March 31, 2026.

Once the grant is accepted, next steps will be to review the renovation project scope with the Library Board of Truste es at their October 19, 2022 meeting. The Procurement and Contracting Department will then conduct a Request for Proposals for an architect to create renovation designs and plans.

City Council Staff Report
September 29, 2022 -- Page 2
Acceptance of Matching Grant from California State Library

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 3B – 5- Year Capital Improvement Plan, Identify High Priority Facilities.

FISCAL IMPACT:

Matching funds were authorized and included in the 5-year Capital Improvement Project budget in Fund 260, Measure J.

REVIEWED BY:

Department Director: Jeannie Kays
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Library Infrastructure Grant - Resolution
B. Library Grant Award Letter

ATTACHMENT A

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AUTHORIZING THE

GRANT APPLICATION, ACCEPTANCE , AND EXECUTION

OF THE GRANT FUNDS FROM THE STATE OF
CALIFORNIA BUDGET ACT OF 2021 (SB 129)

WHEREAS, the Legislat ure and Governor of the State of California have provided funds for the program shown above; and

WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and

WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the po tential grantee’ s governing board either before submission of said application(s) to the State or prior to execution of the gran t agreement; and

WHEREAS, the City Council of the City of Palm Springs, California will enter into an agreement with the State of California to carry out the project; and

WHEREAS, the City Council of the City of Palm Springs, California proposes to implement Palm Springs Public Library Renovation; and

WHEREAS, the City Council of the City of Palm Springs, Cali fornia has the legal authority and is authorized to enter into a funding agreement with the State of California; and

WHEREAS, the City Council of the City of Palm Springs, Cali fornia applied for grant funding from the California State Library for the Palm Springs Public Library Renovation; and

THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ,

CALIFORNIA, WITH ACKNOWLEDGEMENT OF THE PALM S PRINGS PUBLIC LIBRARY, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. T hat pursuant and subject to all of the terms and provisions of the California Budget Act of 2021, the City Council of the City of Palm Springs, C alifornia, City Manager, or designee is hereby authorized and directed to prepare and file an application for funding with the California State Library, and take such other act ions necessary or appropriate to obtain grant funding.

SECTION 2. The City Council of the City of Palm Springs, C alifornia, City Manager, or designee is hereby authorized and directed to execute the funding agreement with the California State Library and any amendments thereto.

SECTION 3. The City Council of the City of Palm Springs, C alifornia, City

Resolution No. _____

Manager, or designee is hereby auth orized and directed to submit any required documents, funding requests, and reports required to obtain grant funding.

SECTION 4. Certifies that the project will comply with any laws and regulations including, but not limited to, the Californ ia Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access law s, and, that prior to commencement of the project, all applicable permits will have been obtained; and,

ADOPTED THIS ___TH DAY OF ________________, _________.

TERESA GALLAVAN

INTERIM CITY MANAGER

ATTEST:

BRENDA F. PREE, MMC, CERA

CITY CLERK

Resolution No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA F. PREE, MMC, CERA, C ity 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 , held on _______________________, motion by ____________________ and seconded by _______________________, motion passed 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 ______________, _________.

BRENDA F. PREE, MMC, CERA

CITY CLERK

ATTACHMENT B

Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

September 12, 2022

Justin Clifton
City Manager
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Re: Building Forward Grant Program
Jurisdiction: PALM SPRINGS PUBLIC LIBRARY
Library: Palm Springs Public Library-Main
Project: Palm Springs Public Library Renovation

Dear Justin Clifton:

Congratulations! Following a rigorous review process, the California State Library is pleased to notify you of our intent to award a Building Forward grant for the project submitted for Palm Springs Public Library-Main.

Your grant award will be: $6,569,942

This award is intended to fund the following project outputs and related activities listed in your Supplementary Budget in accordance with allowable costs per the Grant Guidelines:

Furnish and Install Fire Sprinkler System
Fire Alarm System Control Panel
Emergency Egress Hardware
Emergency Egress Light, Power Systems
Ceiling Finishes (for new sprinkler system)
Air Filtration System
Security System - CCTV and Alarm System
Emergency Backup Generator
Skylights - Railings & Fall Protection Anchor Points
HVAC Replacement
HVAC Terminal and Package Units
Electrical Service
Seismic Retrofit

RI CALIFORNIA maa STATE LIBRARY
Building Forward Grant Program

Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

Roof Replacement
Replace Carpet and/or Floors
Window replacements
Replace water lines - includes plumbing
Painting (preventative maintenance)
Replace Signage, ADA tactile, larger fonts for visually impaired Replace non-emergency lighting
Replace interior doors and locks
Inclusive Access

Based on your Award amount and your Local Income Per Capita (LIPC) level, your organization is required to provide a matching amount of $6,569,942 to support this project. Please note: Match funds must be expended during the grant period and at the same rate as state grant funds. Neither grant funds nor match funds may be spent on unallowable costs, which includes work done outside of the grant period.

At this time, please acknowledge receipt of this Intent to Award as soon as possible, and no later than Friday, September 23, by email to [email protected].

Your official Award Packet will be issued in the coming weeks after we have received your acknowledgement of this Intent to Award correspondence. The Packet will include the Award Letter confirming the award amount, project period, and required match amount (if applicable), as well as the Grant Agreement, a list of unallowable costs, and templates and guidance for submitting the following items, which are required for us to process your first payment:

• Confirmed Project Budget
• Final Project Implementation Plan
• Certification of Compliance
• Letter Certifying Availability of Match Funds (if applicable) • Resolution Authorizing Acceptance of the Grant
• Signed Grant Agreement
• Completed Fiscal Claim Form for the first award payment

Please note: No payment will be made until the above items, free from errors, have been received by the State Library. Awardees may typically expect payment to be issued within 45 days from the date a grant payment request is properly submitted and approved by the Fiscal Analyst.

Building Forward Grant Program

Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

Hard copies of this correspondence will not follow. Please keep this Intent to Award correspondence as part of your official grant files. If you have any questions, please contact the Building Forward Team at [email protected].

The State Library looks forward to working to help you complete this project.

Respectfully,

Rebecca L. Wendt
California Deputy State Librarian

cc: Annly Roman
Reed Strege

CITY COUNCIL STAFF REPORT
09/29/2022   1. K.

City Clerk -

SUBJECT
APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZE TO BID THE AIRPORT COMMON USE PODIUMS – BONO CONCOURSE, CITY PROJECT NO. 21-28
RECOMMENDATION:

Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Airport Common Use Podiums – Bono Concourse, City Project No. 21-28 (“The Project”).

Attachments
Item 1K

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 29, 2022 CONSENT CALENDAR

SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZE TO BID THE AIRPORT COMMON USE PODIUMS – BONO
CONCOURSE, CITY PROJECT NO. 21-28

FROM: Teresa Gallavan, Interim City Manager

BY: Aviation Department & Engineering Services Department

SUMMARY:

Approval of this item will allow Staff to proceed with the Airport Common Use Podiums – Bono Concourse, City Project No. 21- 28, with an estimated cost of $ 1,340,000. The construction documents ( Plans, Specifications and Estimate) are completed and in accordance with Section 7.03.040 of the Procurement and Contracting Code, the City Council shall approve and adopt the specifications and work details and authorize the bid request as required for all public projects in excess of $200,000.

RECOMMENDATION:

Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Airport Common Use Podiums – Bono Concourse, City Project No. 21 -28 (“The Project”).

BACKGROUND:

On March 9, 2022, the City received proposals for the design of the project which will replace the boarding gate podiums at the Bono Concourse at the Palm Springs International Airport. The scope of work will also include the replacement of the carpet and customer service counters. The proposed changes will help provide more space for passenger seating and queuing at the Bono Concourse and allow any airline to operate from any gate within the concourse.

On April 19, 2022, the City selected Gensler as the firm most qualified to prepare the construction documents for this project.

The City and Gensler have been conducting design development meetings to incorporate feedback from the airlines and airport staff. The common use podiums are being designed

City Council Staff Report
September 29, 2022 -- Page 2
Airport Common Use Podiums

to accommodate the IT system equipment that all airlines will use at the boarding gates.

New digital Gate Information Displays (GIDS) will be added to each gate, signage will be updated, and gate queuing layout options were reviewed.

The Bono Concourse will remain operational during construction and the construction documents are set up to phase the work so that gate closures can be coordinated throughout the Project.

STAFF ANALYSIS:

Gensler has completed the preparation of plans and specifications for the Project. The contract documents prepared by the consultant have been reviewed and approved by the City’s Engineering Services D epartment working in coordination w ith the Aviation Department.

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

Notice Inviting Bids to be posted: October 3, 2022
Deadline for receipt of bids: October 25, 2022
Contract awarded by City Council: November 10, 2022

Staff recommends the City Council approve the contract documents and authorize S taff to formally solicit construction bids for the Project. The plan documents, specifications, and estimate are on file with the City Clerk.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures , facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Airport Common Use Podiums – Bono Concourse, City Project No. 21- 28, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This project aligns with City Council Priority 3A – Improve City Facilities and will assist in implementing the strategic planning task to Prioritize Deferred Maintenance.

City Council Staff Report
September 29, 2022 -- Page 3
Airport Common Use Podiums

FISCAL IMPACT:

The estimated costs for the additional services are $1,340,000 which will be appropriated from the fund balance for FY 2022- 2023 into the Department of Aviation Fund 416 Account 4167065-80000.

REVIEWED BY:

City Engineer: Joel Montalvo
Aviation Executive Director: Harry Barrett
Director of Finance & Treasurer: Nancy Pauley
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

None.

CITY COUNCIL STAFF REPORT
09/29/2022   1. L.

City Clerk -

SUBJECT
APPROVAL OF CONTRACT SERVICE AGREEMENTS WITH AMTECH ELEVATOR SERVICES AND WESTERN PUMP, INC., IN A TOTAL AMOUNT NOT TO EXCEED $11,030
RECOMMENDATION:

Approve a Contract Services Agreement with Amtech Elevator Services, a California corporation, for an elevator maintenance management system and preventative maintenance program for the Police Department elevator, for an initial one-year term in the amount of $7,580 beginning October 1, 2022, through September 30, 2023, with two one-year optional extensions.

1. Approve a Contract Services Agreement with Western Pump, Inc., a California corporation, for training and inspection of its underground storage tank located at the Palm Springs Police Department in the amount of $3,450 beginning October 1, 2022, through September 30, 2023.

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

Attachments
Item 1L

CITY COUNCIL STAFF REPORT

DATE: S EPTEMBER 29, 2022 CONSENT CALENDAR

SUBJECT: A PPROVAL OF CONTRACT SERVICE AGREEMENTS WITH AMTECH ELEVATOR SERVICES AND WESTERN PUMP, INC., IN A TOTAL
AMOUNT NOT TO EXCEED $11,030

FROM: Teresa Gallavan, Interim City Manager

BY: Department of Maintenance and Facilities

SUMMARY:

Approval of these contracts will allow the City to enter into agreements to procure services for elevator maintenance and emergency services , as well as training and inspection of the City’s underground storage tank located at the Police Department.

RECOMMENDATION:

1. Approve Contract Services Agreement No. with Amtech Elevator Services, a California corporation, for an elevator maintenance management system and preventative maintenance program for the Police Department elevator, for an initial one-year term in the amount of $7,580 beginning October 1, 2022 through September 30, 2023, with two one-year optional extensions.

2. Approve Contract Services Agreement No. with Western Pump, Inc., a California corporation, for training and inspection of its underground storage tank located at the Palm Springs Police Department in the amount of $3,450 beginning October 1, 2022, through September 30, 2023.

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

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure for each vendor is included in Attachment A.

BACKGROUND:

Historically, S taff has entered into annual contract services agreements with various vendors to provide repair and maintenance services under the City Manager’s approval.

City Council Staff Report
September 29, 2022 -- Page 2
Approve Contract Services Agreements for Facilities Maintenance

Due to ongoing use of such vendors, the cumulative total of prior expenditures combined with the current proposed contractual expenditures will exceed the City Manager’s authority and require City Council approval.

STAFF ANALYSIS:

Elevator Maintenance Management System and Preventative Maintenance Program

Amtech Elevator Services provides regular and systematic examination, cleaning, lubricant, adjustment or replacement of faulty parts and components , performs annual safety testing, and maintains optimal operational characteristics of equipment including, door operation, car speed floor level ing, and ride quality as determined by the original equipment design, age of equipment and building use type.

The contract is for one (1) year with two (2) optional one-year renewals. The maintenance pricing is fixed for the first year and subject to labor cost adjustment in optional years 2 and 3. Staff’s goal is to bid these services during the initial one (1) year term to secure competitive pricing.

Staff recommends approval of a Contract Services Agreement (Attachment B) with Amtech Elevator Services for a one-year term in the amount of $7,580 effective October 1, 2022 through September 30, 2023, subject to two one- year optional extensions at mutual consent of the parties.

Inspection and Training for Underground Storage Tank

The State Water Resources Control Board enforces Underground Storage Tank (UST) requirements to protect the public health and safety and the environment from releases of petroleum and other hazardous substances from USTs. This includes leak prevention, cleanup, enforcement, and tank tester licensing.

Western Pump, Inc., performs monthly, annual, and SB 989 testing for underground fuel storage tanks, visual inspections, and records results and observations on an inspection report submitted to the County for compliance . Additionally, they perform on- the-job training for City employees.

The contract is for one (1) year with two (2) optional one-year renewals. The training and testing pricing is a fixed cost over the initial one- year term. Staff’s goal is to bid these services during the initial one (1) year term to secure competitive pricing.

Staff recommends approval of a Contract Services Agreement (Attachment C) with Western Pump, Inc., for a one- year term in the amount of $3, 450 effective October 1, 2022 through September 29, 2023.

City Council Staff Report
September 29, 2022 -- Page 3
Approve Contract Services Agreements for Facilities Maintenance

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Priority 3A, Community Infrastructure.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current Fiscal Year 2022-23.

REVIEWED BY:

Acting Department
Deputy Director:

Daniel Martinez
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Business Disclosure Forms
B. Amtech Elevator Services Contract Services Agreement C. Western Pump, Inc., Contract Services Agreement

ATTACHMENT A

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered with Secretary of State

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

5. Type of Entity

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

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

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

 Other ____________________________________

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

 Other ____________________________________

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

 Other ____________________________________

Amtech Elevator Services
12921 166th St
Cerritos, CA 90703
California
Kyle Addison

~------

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

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

Signature of Disclosing Party, Printed Name, Title

Date

Stephanie Aguilar
Account Manager
9/21/2022

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Western Pump, Inc.

2. Address of Entity (Principle Place of Business)
3235 F Street, San Diego CA 92102

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? 1-1 Yes n No

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Ryan E Rethmeier ~ Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other
Dennis D Rethmeier ~ Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other
Derek Rethmeier ~ Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

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

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

Dennis D Rethmeier 45.5 %
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.

Janice C Rethmeier 45.5 %
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.

Ryan E Rethmeier 5.55%
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.

Derek Rethmeier 3.55%
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Sirnat ure of Disclosing Party, Printed Name, Title Date ~ I .- '\"\.~\& VO..V\\C,. D(:_fil\~
lA V\,-\.t\,.-. Vl C,a;\'\ \vo\ \ c..t'·
(Revised 09 13 18)

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

ATTACHMENT B

55575.38165\40585124.1

CONTRACT SERVICES AGREEMENT A

AMTECH ELEVATOR SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on July 1, 2022 (“Effective Date”), by and between the City of Palm Springs , a California charter city and municipal corporation (“City”), and AMTECH Elevator Services, a California corporation (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of an elevator maintenance management system preventative maintenance program for the Police Department elevator (“Project”).

B. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

C. City desires to retain the services of Contractor for the Project.

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

AGREEMENT

1. CONTRACTOR SERVICES

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

1.2 Compliance with Law . Contractor shall comply with all applic able federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

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

55575.38165\40585124.1

1.4 Familiarity with Work . By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees s et forth in Exhibit “A”. The total amount of Compensation shall not exceed $2,580. The City may direct the Contractor to proceed with additional work pursuant to the terms of this Agreement, with payment to be made on the basis of actual cost of the labor and materials required to complete the additional work, in an amount not to exceed $5,000.

3.2 Price Adjustments . Prices for the services listed in Exhibit “A” shall remain unchanged for the initial term, as defined in Section 4.4 of this Agreement . The Contractor shall have the right to request a price adjustment only during the thirty (30) days immediately preceding the annual anniversary dates of the Effective Date of the Agreement. During this thirty (30) day period, the Contractor may submit a request in writing to City for a price adjustment that is consistent with and relative to price changes originating with and compelled by labor which changes are outside of the Contractor’s control. The Contractor must fully document its request, attaching to the request, labor data to support the requested adjustment. City may, in its sole discretion, approve or disapprove the requested adjustment, in whole or in part. Any approved adjustment shall be final and shall remain unchanged until the next annual anni versary date of the Effective Date of the Agreement.

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

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

55575.38165\40585124.1

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

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

4. PERFORMANCE SCHEDULE

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

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

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event , if Contractor notifies the Contract Officer within ten ( 10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enfor ced delay when and if , in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a n initial term through September 30, 2023. The term may be extended upon written notice to the Contractor, for two (2) additional one (1) year terms.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor . W here termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the per iod of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall

55575.38165\40585124.1

be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services : Carlos Martinez , COO. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. There fore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement . The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

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

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

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor , its agents or employees, perform the Services required, except as otherwise specified . Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor ’s work product,

55575.38165\40585124.1

result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Stephanie Ybarra Aguilar Account Representative

5.6 California Labor Code Requirements.

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

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

55575.38165\40585124.1

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

7. INDEMNIFICATION.

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

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the C laims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

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

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all

55575.38165\40585124.1

reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 Ownership of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance o f this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

8.4 Release of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

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

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of C alifornia.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside , State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

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

9.3 Waiver . No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be c onstrued as a waiver.

55575.38165\40585124.1

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor . Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judic ial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

10.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical c ondition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis

55575.38165\40585124.1

in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full c ompliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

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

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262

To Contractor: AMTECH Elevator Service
Attention: Contracts Manager
12921 166
th Street
Cerritos, CA 90703

11.2 Integrated Agreement . This Agreement con stitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. In the event of conflict between the terms or provisions of this Agreement and the Exhibits, the terms or provisions of this Agreement shall control.

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

11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

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

55575.38165\40585124.1

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

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

11.8 Authority. The persons executing this Agreement on behalf of the P arties warrant that they are duly authorized to execute this Agreement on behal f of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

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

[SIGNATURES ON NEXT PAGE]

55575.38165\40585124.1

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND AMTECH ELEVATOR SERVICES

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: N/A Item No. N/A

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

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

55575.38165\40585124.1

EXHIBIT “A”

CONTRACTOR’S

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

,flTECH ~ SeMces
DATE: 03/03/2022
TO:

City of Palm Springs
425 N. Civic Drive
P. 0. Box2743
Palm Springs, CA 922632743
EQUIPMENT LOCATION:

PALM SPRINGS POLICE DEPT
200 South Civic Drive
Palm Springs, CA 92i62.

PROPOSAL NUMBER: ATC244
EQUIPMENT DESCRIPTION:

FROM:

AMTECH ELEVATOR SERVICES
12921 166th Street
Cenitos, CA 90703
Stephanie (Ybarra) Aguilar
Phone: (562) 481-8140
Fax:

No Of Units Type Of Units Manufacturer Customer Designation Machine Number HYDRAULIC OTIS ELEVATOR COMPANY PASSENGER#) 292301

AMTECH SERVICE
We propose to furnish AMTECH Service on the equipment ("Units") described above. All work will be performed during our regular working hours of our regular working days, unless otherwise specified in this Agreement.

MAINTENANCE INCLUDES
We will use reasonable care to maintain your equipment using trained personnel. We will regularly and systematically examine, clean, lubricate, adjust and if in our opinion conditions warrant, unless specifically excluded under the proration provision, repair or replace the following:

Machine: Worm, gear, thrust bearings, drive sheave, sheave shaft bearings, brake coil, brake linings and components.

Motor: Windings, bearings, rotating element, commutators, brushes and brush holders.

Motor Generator: Windings, bearings, rotating element, commutators, brushes and b~sh holders.

Hydraulic: Pump Unit, valves and motors, jack unit except underground cylinders and piping.

Controller: Dispatching and power equipment, selectors, all relays, solid state components, computer components, transformers, chokes and filters.

Dispatching Equipment: All relays, resistors, contacts, coils, leads, fuses, transformer, timing devices and solid-state components.

Selector: All electrical or mechanical drive components, cams, contacts, relays, resistors, leads, transformers and solid state components.

Governor: Sheave, bearings, shafts, contacts and governor jaws.

Hoistway Equipment: Buffers, compensating sheave assemblies, compensating cable or chains, guide rails, counterweight safeties and guide shoes, load weighing equipment and seismic devices.

Structural Car Frame: Safeties, guide shoes.

Power Door Operator: Car and hoistway door hanger tracks and rollers, car opening protective devices, door auxiliary closer, door gibs and door interlocks.

Fixtures: Call and hall operating buttons, contacts and signal bulbs. Replacement of signal fixture bulbs is to be performed during regular examinations or otherwise be billed separately at AMTECH's standard billing rates.

Furnish Lubricants and Hydraulic Fluid.

Structural Car Frame: Safeties, guide shoes.
0 AMI'ECH ELEVA TOR SERVICES, 2013 All Rights Reserved LiNX Form AMI'-CA-FM (06/20/13) Proposal#: A TC244 Page I of7

Safety Devices: will be periodically examined.

Wire Rope Cables: will be renewed as often as necessary to maintain an adequate factor of safety. We will equalize the tension on all hoist cables.

SERVICE PROVIDED
We will examine, adjust, clean and lubricate the equipment as set forth above.

Prompt response to all emergency callbacks during regular working hours, Monday through Friday, except holidays, recognized now and hereafter by the local elevator union.

Covered repairs will be performed only during regular working hours.

We will maintain for each unit a record of all examinations, callbacks and repairs.

OVERTIME CALLBACK SERVICE
On Callbacks outside of regular working hours, AMTECH will absorb the worked hours at straight time rates and you will be charged for the overtime premium portion only, including for travel time and expenses.

SAFETY AND ENVIRONMENT

SAFETY TESTS-HYDRAULIC ELEVATORS
Code requires an annual no load test and annual pressure relief valve test. These tests are not included in the Contract.

You agree to conduct and pass the annual no load and annual pressure relief valve test on the Units and that this is a material duty. You agree to keep a record of such tests and to provide this record to AMTECH.

FIREFIGHTERS' SERVICE TEST
If the equipment has firefighters" service, you assume responsibility for performing and keeping a record of any Code required tests and for the maintenance, functioning and testing of the smoke and/or heat detectors.

If during the initial firefighters" service test any elevator firefighters" service is found to be inoperable, the building will be responsible for all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable Codes.

If any applicable Code or governing authority mandates that such required tests be performed by a licensed elevator mechanic, AMTECH will provide such testing and service on an Open Order basis. You will be responsible for the costs associated with such testing and service.

SAFETY TRAINING
We will instruct our personnel to use appropriate personal protection equipment and follow safe work practices.

ENVIRONMENTAL PROTECTION
AMTECH endeavors to reduce generation of waste materials, to minimize risks to the environment, customers, the general public and AMTECH employees, and to comply with all federal and state environmental laws and regulations. Material Safety Data Sheet (MSDS) Manuals are available for review at your request.

You assume responsibility for removal of wastes, including but not limited to hydraulic oil, spoils, asbestos, etc., as it is not part of this Contract.

MAINLINE DISCONNECTS
You agree to engage a qualified electrician to service at least once annually the elevator mainline disconnects located in the elevator equipment room.

C AMlECH ELEVATOR SERVICES, 2013 All Righ~ Reserved LiNX Form AMT-CA-FM (06/20/13) Proposal#: ATC244

.
"'

SHARED RESPONSIBILITY
You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located and to keep all machine rooms and pit areas free from water, stored materials, and debris. You agree to provide a safe work place for our personnel, and to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations.

If any Unit is malfunctioning or is in a dangerous condition, you agree to immediately notify us using the 24-hour OTISLINE service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use.

You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units.

In furtherance of OSHA's directive contained in 29 C.F.R. § 1910.147(t)(2)(i), which requires that a service provider (an "outside employer") and its customer (an "on-site employer") must infonn each other of their respective lock out/tag out ("LOTO") procedures whenever outside servicing personnel are to be engaged in control of hazardous energy activities on the customer's site, Amtech incorporates by reference its mechanical LOTO procedures and its electrical LOTO procedures. These procedures can be obtained at www.amtechelevator.com. Customer agrees that it will disseminate these procedures throughout its organization to the appropriate personnel who may interact with Amtech personnel while Amtech personnel are working on site-at Customer's facility.,-----------------------

MAINTENANCE DOES NOT INCLUDE
Refinishing, repairs to, or replacement of elevator car enclosures (including removable panels), car gates, plenum chambers, hung ceiling, handrails, mirrors, light diffusers, fixtures and bulbs, emergency lighting including battery, car sill(s), car flooring and platform.

Hoistway enclosure, including hoistway door panels, frames, sills, fascia, hoistway gates, and hoistway cleaning.

Signal fixture and operating station cover plates or plastic inserts. Braille and tactile plates. Telephones or communication systems, Key mortise cylinders, instruction or warning signs in connection with the use of the equipment by passengers.

Electric power supplies for equipment operation including signals and lighting; power switches, circuit breakers, or fuses and feeders to the controllers. Emergency power systems, mainline shunt trips and emergency power transfer switches.

Telephones installed by others, smoke and heat detectors with related wiring and annunciation panels, air conditioners or cooling systems, heating systems, cad key or touch pads, intercom, music or security systems, computer devices, keyboards, or display units.

Failure of hydraulic jack unit, buried or unexposed pipe or conduit from any cause including, but not limited to, corrosion or electrolysis.

It is mutually agreed that all repairs and replacements covered by this Agreement are limited to those necessitated by normal wear and tear, and that we shall not be required to replace or repair equipment by reasons of negligence or misuse by others or for any cause beyond our control; including but not limited to incorrect use of key switches, damages to the equipment by acts of God, forces or elements or changes in the nonnal environment and/or operating conditions. We shall not be required to alter existing equipment, or make replacements of obsolete or discontinued parts or parts of changed design whether recommended by you or directed by insurance companies, consultants, third party audits or any governmental authority .

Unless provided elsewhere in this Agreement, any step/skirt performance index test or modifications, replacements or repair necessary to meet the perfonnance index on your escalators that are required by applicable laws are not included in this Agreement.

Unless provided for elsewhere in this Agreement, any periodic safety tests required by applicable laws or codes are not included under this Agreement, but will be perfonned by us upon request from you and will be billed at our regular billing rates. We shall not be responsible for any inspection fees, license fees, certificate fees or witness fees for any testing of equipment which may be required by governmental or other authorities.

You assume responsibility for the cost of correcting all Elevator Code violations existing on the date we enter into this Contract. If such Code violations or other outstanding safety violations are not corrected in accordance with this Contract, AMTECH ELEVATOR SERVICES may cancel this Contract by providing thirty (30) days written notice.

Cleaning, adjustments, parts and repairs, which are not specifically included herein, are excluded. Such additional work, when necessary, and authorized by you, shall be performed at our regular billing rates for material and labor including travel time and expenses.

PARTS INVENTORY AND LUBRICANTS
We will maintain a supply of frequently used replacement parts and lubricants required for routine maintenance.

Replacement parts furnished under this Agreement will be original equipment manufactured or parts specifically selected by us for use on this equipment. All replacement parts will be new or refurbished to our standards. In the event the Agreement is tenninated for any reason whatsoever, you agree to provide us access to the premises where the equipment is located to allow us to remove any spare parts or tools stored there by us. 0 AM1ECH ELEV A TOR SERVICES, 2013 All Rights Reserved LiNX Form AMT-CA-FM (06/20/13) Proposal#: A TC244

OPERATIONAL CHARACTERISTICS
We will maintain optimal operational characteristics of your equipment including, door operation, car speed floor leveling, and ride quality as determined by the original equipment design, age of equipment and building use type.

PRORA TIONS, EXCLUSIONS
If a Prorations/Exclusions Addendum is attached, the items listed on that Addendum show considerable wear and will have to be replaced or repaired in the near future. These items are subject to limited or no coverage as provided for in the Addendum.

YOUR OBLIGATIONS
It is agreed that we do not assume possession or control of any part of the units, that such remains yours solely as owner, operator, lessee or agent of the owner or lessee, and that you are solely responsible for all requirements imposed by any federal, state or local law, ordinance or regulation . This respons ibility includes, but is not limited to; advising, warning and/or instructing passengers in the proper use of the equipment.

Escalator Units arc designed only for transporting passengers. For escalator Units, you agre e to take all necessary measures to prevent other items from being conveyed, so that features designed to protect passengers and prevent property damage are not damaged. When stationary, escalators are to be properly barricaded and not to be used as steps.

You will insure that the machine rooms are properly ventilated with temperature controlled in the 50 degree F to 90 degree F range or otherwise as required by governmental authority.

You agree to provide us unrestricted, ready and safe access, including off-hours emergency callbacks, to all areas of the building in which any part of the units are located and to keep all machine rooms and pit areas free from water, stored material and excessive debris. You agree to provide a safe work place for our personnel and to remove any hazardous materials in accordance with applicable laws and regulations. You agree to restrict access to the equipment to only our authorized personnel. During the term of this Agreement, you agree not to permit others to make alterations, additions, adjustments, repairs, or replacements to the equipment.

You agree to provide us with current wiring diagrams reflecting all previously made changes for Units covered by this Contract to facilitate proper maintenance of the equipment.

You are responsible to secure our right to use any special service tools, manuals and technical support required to maintain your equipment. These tools must be provided prior to us beginning maintenance on such equipment.

If any of the following conditions occur: an operational problem, an equipment malfunction, a dangerous condition , or there has been an accident, you, shall immediately notify us. In the event of an accident, we shall be notified in writing within 24 hours of the incident. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use of the Unit. This notice requirement is to be strictly construed and any failure to comply with the requirements will serve to hold you liable for any damages or injuries resulting therefrom.

TERMS AND CONDITIONS
You will indemnify and hold us harmless for losses due to personal injury or property damage to the extent caused by your negligent acts or omissions.

We will not be required: (i) to make any tests other than that as specifically set forth herein; (ii) to make any replacements with parts of a different design or type; (iii) to make any changes in the existing design of the Units; (iv) to alter, update, modernize or install new attachments to any Units, whether recommended or directed by governmental authorities or by any third party; (v) to make repairs or replacements necessitated by failures detected during or due to testing of the Unites or buried or unexposed hydraulic cylinders or piping; (vi) to replace or repair any component or system utilizing obsolete or discontinued parts, including parts for which the original design is no longer in production by the original equipment manufacturers, or parts where the original item has been replaced by an item of differ ent design ; (vii) to provid e recondition ed or used parts.

We shall not be liable for any loss, damage or delay due to any cause beyond our reasonable control including , but not limited to, acts of government, strikes, lockouts, labor disputes, fire, explosion, theft, floods, water, weather, earthquakes , riot, civil commotion, war, repairs by others, exposure to excessive heat, vandalism, misuse malicious mischief or acts of God. Notwithstanding any other agreement or provision to the contrary, under no circumstances will either party be liable for any indirect, special or consequential damages of any kind. We shall not be liable for removal or disposal of hazardous and waste fluid or materials or for any environmental/e cological reporting, testing, cleaning or rehabilitation dictated by any agency or party for any reason. If such action is required from us by a third party they shall be paid for by you.

While this Agreement is designed to redu ce wear and prolong the useful life of such equipment , we make no representation that such equipment will not breakdown or malfunction, and you agree to hold us harmless from any such event or action arising therefrom.

Any purchase order issued by you in connection with this Agreement are deemed to be issued for your administrative or billing identification purposes only. The terms and conditions contained herein shall exclusively govern the services to be provided hereunder, and this Agreement may not be changed, modified, revised or amended unless in writing and signed by you and our authorized representative .
0 AMTECH ELEVA TOR SERVICES, 2013 All Rights Reserved LiNX Form AMr-CA-FM (06/20/13) Proposal#: ATC244

In the event of sale, lease or other transfer of the equipment, or the premises in which they are located, or a change in the paying party, you agree to see that such transferee or alternate paying party is made aware of this Agreement and assumes and agrees to be bound by the terms hereof for the balance of the Agreement term. Should you fail to do this, you will be liable for the full unpaid balance due for the unexpired term of the Agreement. We may at our sole discretion, terminate this Agreement with any such successor at any time upon thirty (30) days written notice. The Agreement monthly price is a unit amount for the entire Agreement period subject to interest and escalation adjustments.

Your failure to pay any sum within sixty (60) days will be deemed a material breach. We may, at our option, declare all sums due or to become due for the unexpired term, immediately due and payable as liquidated damages, but not as a penalty, and until the same are paid, be discharged from further obligations under the Agreement.

It is expressly agreed that the payment of all sums due hereunder, is a condition precedent to the rendering of service. We reserve, at our option, the right to suspend or curtail service until all payments due are made.

This Agreement is based on conditions prevailing under current labor agreements. In the event future labor agreements or changes alter costs or restrict our ability to provide services hereunder, we shall notify you in writing and thereupon, offer modification to the Agreement to remedy the situation. In the event we cannot agree on a revised Agreement, either party shall have the right to terminate this Agreement upon expiration of ninety (90) says from the above notice. - All agreements and covenants contained herein are severable, and in the event any of them shall be held to be invalid or unreasonable by any competent court, the Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein.

SPECIAL PROVISIONS
Notwithstanding any other provision herein to the contrary, the following provisions shall be applicable and govern in the event of conflict:

CONTRACT PRICE AND TERM

CONTRACT PRICE
Two hundred fifteen dollars ($ 215.00 ) per month, payable Quarterly

PRICE ADJUSTMENT
Two hundred fifteen dollars($ 215.00) of the original Contract Price will be increased or decreased by the percent increase or decrease in the straight time hourly labor cost under the IDEC contract on 01/01/2022 which was 107.231.

The phrase "straight time hourly labor cost" means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is to be maintained.

The Contract Price will be adjusted annually on the commencement date by the percentage increase or decrease in the straight time hourly labor cost under the IUEC contract then in effect. The term "straight time hourly labor cost" means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is maintained. In addition, we may adjust the Contract Price as a result of any substantial changes in service expenses, including but not limited to expenses in connection with fuel, waste disposal, environmental requirements, cost of materials, changes to government regulations or other administrative costs.

TERM
The Commencement Date will be 03/03/2022.

The Term of this Contract unless modified under the extended term below, will be for three (3) years beginning on the Commencement Date. The Contract will automatically be renewed on the third anniversary for an additional three (3) years unless terminated by either party by giving written notice to the other party at least ninety (90) days, but no more than 120 days prior to the end of the current three (3) year term. Thereafter, the Contract will automatically be renewed on each third anniversary for an additional three (3) year term unless terminated by either party by giving written notice to the other party at least ninety (90) days, but no more than 120 days prior to the end of the then current three (3) year term.

PAYMENTS
Beginning on the Effective Date, payments will be due and payable on or before the first day of the contract quarter in which services are rendered beginning on the Commencement Date.

The method of payment will be electronic direct debit. To enable us to process direct debit payments, you agree to provide a copy of a voided check from your business bank account.

OAMTECH ELEVATOR SERVICES, 2013 All Rights ReservedliNXFonn AMT-CA-FM (06/2MJ)Proposal#; ATC244

The work shall be performed for the agreed price plus any applicable sales, excise or similar taxes as required by law. In addition to the agreed price, you shall pay to us any future applicable tax imposed on us, our suppliers or you in coMection with the performance of the work described.

You agree to pay a late charge from the date such sums become due of one and one-half percent (1.5%) per month, or the highest legally permitted rate, whichever is less, on any balance past due for more than thirty (30) days, together with all costs (including, but not limited to, attorneys' fees) incurred by us to collect overdue amounts.

Failure to pay any sum due by you within sixty (60) days will be a material breach. We may at our option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages, and until the same are paid be discharged from further obligations under the contract.

If payments are not made in accordance with the tenns of this contract, when due, we may elect to cancel this contract at will and shall not be liable for any acts or omissions following any such failure to make payment, whether election is made to cancel the contract or not. Upon receiving payment of arrears we may, at our option continue to render services hereunder, but such continuance shall not constitute a waiver of any of our rights because of such default. Invoices will be deemed acceptable unless we receive from the purchaser specific written objection within 10 days from the invoice date.

In addition to any other remedies we may have, in the event that THE PURCHASER cancels this contract prior to its expiration. THE PURCHASER shall pay as liquidated damages (NOT AS PENALTY) 33% of the monthly agreement price as adjusted per the adjustment clause herein at the time of the premature cancellation, for the number of months remaining between the cancellation date and the agreement tennination date.

ACCEYI'ANCE
This proposal, when accepted by you below and approved by our authorized representative, will constitute the entire and exclusive contract between us for the services to be provided and your authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will be superseded. Any purchase order issued by you in connection with the services to be provided will be deemed to be issued for your administrative or billing identification purposes only, and the parties hereto intend that the terms and conditions contained herein will exclusively govern the services to be provided. We do not give up rights under any existing contract until this proposal is fully executed. This Contract may not be changed, modified, revised or amended unless in writing signed by you and an authorized representative of Amtech. Further, any manual changes to this form will not be effective as to Amtech unless initialed in the margin by an authorized representative of Amtech.

TIDS QUOTATION is valid for ninety (90) days from the proposal date.

Submitted by: Stephanie (Ybarra) Aguilar
Title:

E-mail: [email protected]
Accepted in Duplicate

CUSTOMER
Approved by Authorized Representative

AMTECH ELEVATOR SERVICES
Approved by Authorized Representative
Date: Date:

Signed: Signed:
-------------- Tom Bertsch
Print Name: Print Name:

Branch Manager
Title Title
E-mail:

Name of Company
 Principal, Owner or Authorized Representative of Principal or Owner ICAMTECH ELEVATOR SERVICES, 2013 All Rights Reserved LiNX Form AMT-CA-FM (06/20/13) Proposal#: ATC244

a Agent: ______________ _
(Nwne of Principal or Owner)
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55575.38165\40585124.1

EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)

55575.38165\40585124.1

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain publ ic l iability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor ’s performance under this Agreement.

Contractor shall procure and maintain all insurance at its sole cos t and expens e, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insura nce shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single li mit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance w ith limits o f at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
____x____ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of Califo rnia and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contractor ’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insur er s hall waive all rights of subrogation and

55575.38165\40585124.1

contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Contr actor provid es claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor ’s ser vices under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor ’s services under this Agreement. Contractor sha ll also be r equired to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

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

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

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

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

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

55575.38165\40585124.1

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

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

All certificates of insurance and endorsements are to be received and approved by the City before work commences. Al l ce rtificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not waive th e Contractor’s obligation to provide them.

7. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of th e City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Contractor guarantees payment of all deductibl es and self -insured retentions.

8. Severability of Interests (Separation of Insureds) . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

ATTACHMENT C

Revised 2.9.22 Page 1 of 18

CONTRACT SERVICES AGREEMENT A

DESIGNATED UNDERGROUND STORAGE TANK OPERATOR

INSPECTIONS AND ANNUAL EMPLOYEE TRAINING

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on _____________, 2022, by and between the City of Palm Spr ings, a California charter city and municipal c orporation (“City”), and Western Pump, Inc. , a California corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the serv ices of a California Underground Storage Ta nk System Operator, for training and inspection of its underground storage tank located at 200 S Civic Road, Palm Springs, CA 92262 (“Project”).

B. Contractor has submitted to City a proposal t o provide training and inspection of underground storage tank, to City under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

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

AGREEMENT

1. CONTRACTOR SERVICES

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

1.2 Compliance with Law . Contractor sha ll comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and

Revised 2.9.22 Page 2 of 18

regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.3 Licenses and Perm its. Contractor shall obtain at its sole cost and expense such licenses, permits , and approvals as may be required by law for the performance of the Services required by this Agreement.

1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the W ork should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor . Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accorda nce wi th the schedule of fees set forth in Exhibit “A” . The total amount of Compensation shall not exceed $3,450.

3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice t hat are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to th is Agreement, specifying all proposed amendments, including, but not limited to, any additional fees.

An amendment may be entered into:

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

Revised 2.9.22 Page 3 of 18

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

4. PERFORMANCE SCHEDULE

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

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

4.3 Force Majeure . The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event . A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the proj ect site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for t he Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and othe r actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. T he Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accord ance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for an initial term commencing October 1, 2022, continuing through September 30 , 2023, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. W here termination is due to the fault of Contractor and constitutes an immediate danger to health , safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of

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termination, Contractor shall immediately cease all S ervices except such as may be specifically approved by t he Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer afte r such notice. City shall not be liable for any costs ot her than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for ter mination of Work. If the termination is for cause, the C ity shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Contractor . The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions i n its behalf with respect to the specified Services: Patty Fleming, Compliance Manager . It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Officer . The Contract Officer shall be the City M anager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services.

Contractor shall refer any decisions that must be made by City to the Co ntract Officer.

Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor , it s pr incipals and employees, were a substantial inducement for City to e nter into this Agreement.

Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approva l. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions o f i ts subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

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5.4 Independent Contractor . Neither City nor any of its e mployees shall have any control over the manner, mode, or means by whic h Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor ’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be respo nsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ comp ensation insurance.

Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Offi cer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

N ame: Title:

Patty Fleming Compliance Manager

5.6 California Labor Code Requirements.

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

B. If the Services are being performed as part of an applicable “publi c works” or “maintenance” project and if the total compensation is $15,000 or more for

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maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such S ervices must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors , as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the D epartment of Industrial Relations. It shall be Contractor ’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

7. INDEMNIFICATION.

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

7.2 Design Professional Services Indemnification and Reimbursement .

If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor ’s indemnification obligation shall be li mited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor ’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

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8. RECORDS AND REPORTS

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

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shal l keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such b ooks and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City . Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no cl aim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unres tricted right to use the concepts embodied in such documents.

8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

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

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interprete d both as to validity and to performance of the parties in accorda nce with the laws of the State of California. Legal actions concerning any dispute, claim , or matter arising out of or in relation to this Agreement shall be instituted in the Superior C ourt of the County of Riverside, State of California, or any other appro priate court in such county, and