Item 1Q - Page 6
be
reimbursed
for
providing
such
services
in
accordance
with
Section
2 below. "Routine
Maintenance
Services"
hereunder
shall
include
the
following
work
:
(a)
inspection
of
the
Installations
a
minimum
of
once
every
thirty
days,
(b)
making
all
necessary
repairs
to
maintain
the
Installations
in
proper
working
order,
(c)
cleaning
the
controller
cabinet
once
every
thirty
days,
(d)
re•
lamping
and
cleaning
signal
heads
and
internally
illuminated street
name
signs
as
required;
re-lamp
and
clean
luminaries
as
required.
"Emergency
Call-Out
Servic~s"
shall
include
all
repair
and
maintenance
services
required
to
place
the
affected
Installation
back
into
normal
operation
or
provide
reasonable
temporary
measures
necessary
to
preserve
the
public
safety
in
the
event
of
an
Installation
failure.
1.2 Extra
Work.
If
the
Lead
Agency
is
required
to
perform
work
beyond
the
scope
of
services
described
in
Section
1.1 above
("Extra
Work")
, the
Lead
Agency
shall
notify
the
Secondary
Agency
(as
identified
in
Exhibit
"A
")
before
performing
such
Extra
Work
.
If
Secondary
Agency
authorizes
the
Lead
Agency,
in
writing,
to
perform
the
Extra
Work,
the
Secondary
Agency
shall
reimburse
Lead
Agency
based
on
the
percent
Ownership
Interest
of
the
Installation.
The
Lead
Agency's
charge
for
performing
such
Extra
Work
shall be
billed
in
accordance
with
the
billing
rates
shown
in
Exhibit
"B,"
attached
hereto
and
incorporated
herein
by
this
reference
.
1.3 Custom
Materials
.
If
Secondary
Agency
desires
to
utilize
materials
which
are
customized
by
color
or
logo
("Custom
Materials")
for
the
portion
of
Installations
owned
by
Secondary
Agency.
such
materials
shall be
provided
by
the
Secondary
Agency
to
the
Lead
Agency
for
installation.
If the
Custom
Materials
are
not
provided
to
the
Lead
Agency,
the
Lead
Agency
shall
use
Caltrans
standard
materials.
If
the
Lead
Agency
desires
to
use
Custom
Materials
for
the
portion
of
Installations
owned
by
Lead
Agency,
such
materials
shall
not
be
deemed
as
reimbursable
from
the
Secondary
Agency.
2 Compensation. 2.1
Current
Configuration.
The
total
cost
of
the
work
and
services
to
be
provided
by
the
Lead
Agency
under
this
Agreement
for
Routine
Maintenance
Services,
Emergency
Call-Out
Services
and
Electrical
Costs
(the
"Cost
of
Services"),
not
including
Extra
Work,
shall be
allocated
between
Desert
Hot
Springs
and
Palm
Springs
in
proportion
to
the
Parties'
Ownership
Interest
in
the
Installations.
The
Secondary
Agency
shall
pay
to
Lead
Agency
that
percentage
of
the
Cost
of
Services
represented
by
its
Ownership
Interest
in
the
Installations
shown
by
Exhibit
"A."
The
Lead
Agency
shall
charge
for
the
Cost
of
Services
in
accordance
with
its
standard
billing
rates
as
shown
in
Exhibit
"B
." The
billing
rates
provided
in
Exhibit
"B"
shall
be
reviewed
annually
and
revised
as
the
Parties
may
agree
upon
in Page2
Item 1Q - Page 7
writing in which event the Parties shall formally amend this Agreement to reflect the same.
2.2 Ultimate Configuration. In the event streets are added and new traffic signals installed on the Palm Springs and Desert Hot Springs boundary, this Agreement may be updated by submitting a revised Exhibit "A," in which event the Parties shall formally agree in writing to amend this Agreement to reflect the same.
3. Payment. Billing by the Lead Agency shall be made no more frequently than quarterly and shall include an itemized accounting of the Services and, if applicable, Extra Work, rendered during the period. The Secondary Agency shall pay the undisputed billed amount within thirty (30) calendar days after receipt of billing from the Lead Agency. In the event of a dispute, the Secondary Agency shall submit any such dispute in writing to Lead Agency. The Parties shall endeavor to resolve any such dispute and pay the balance due, if any, within a reasonable period of time.
4. Records. Records for the work provided under this Agreement shall be kept by the Lead Agency and shall include the Cost of Services and Extra Work performed.
Such records shall be maintained in accordance with the Lead Agency's record retention policy and, upon reasonable notice, shall be made available for inspection by the Secondary Agency. '
5. Term and Termination. This Agreement shall commence on June 21, 2022 and shall remain in force until terminated in accordance with this section.
Notwithstanding the foregoing, the Secondary Agency shall compensate the Lead Agency for its prorated share of the Electrical Cost of the electrical power delivered to the Installations after June 21, 2022. This Agreement may be terminated, with or without cause, by any Party hereto upon thirty (30) days' written notice to the other Party of such termination. Any payment obligations outstanding and the indemnity provisions herein below shall survive any such termination.
6. Indemnity. Desert Hot Springs shall indemnify, defend, save and hold harmless Palm Springs, its officers, elected officials, agents, representatives and employees of and from any and all liability, claims, demands, debts, damages, suits, actions and causes of action of whatsoever kind, nature or sort, including, but not by way of limitation, wrongful death, personal injury or damage to property, the expenses of the defense of said parties and the payment of the attorneys' fees in any such claim or action arising out of or in any manner connected with any negligent acts or omissions or willful conduct of Desert Hot Springs or its officers, elected officials, agents, representatives and employees in the performance of its obligations under this Agreement except to the extent caused by the active or sole negligence or willful misconduct of Palm Springs or its officers, elected officials, agents, representatives and employees.
Palm Springs shall indemnify, defend, save and hold harmless Desert Hot Springs, Page3
Item 1Q - Page 8
its
officers,
elected
officials,
agents,
representatives
and
employees
of
and
from
any
and
all
liability,
claims,
demands,
debts,
damages,
suits,
actions
and
causes
of
action
of
whatsoever
kind,
nature
or
sort,
including,
but
not
by
way
of
limitation,
wrongful
death,
personal
injury
or
damage
to
property,
the
expenses
of
the
defense
of
said
parties
and
the
payment
of
the
attorneys'
fees
in
any
such
claim
or
action
arising
out
of
or
in
any
manner
connected
with
any
negligent
acts
or
omissions
or
willful
conduct
of
Palm
Springs
or
its
officers,
elected
officials,
agents,
representatives
and
employees
in
the
performance
of
its
obligations
under
this
Agreement
except
to
the
extent
caused
by
the
active
or
sole negligence
or
willful
misconduct
of
Desert
Hot
Springs
or
its
officers,
elected
officials,
agents,
representatives
and
employees
.
7. Insurance
.
Desert
Hot
Springs
shall
procure
and maintain
for
the
duration
of
this
Agreement
liability
insurance
against
claims
for
injuries
to
persons
or
damages
to
property
in
an
amount
not
less
than
One
Million
Dollars
($1,000,000.00)
which
may
arise
from
or
in
connection
with
the
activities
of
Desert
Hot
Springs
its
officers,
elected
officials,
agents,
representatives
and
employees
under
this
Agreement
by
including
Palm
Springs
as
a
"Protected
Party"
within
the
insurance
program
maintained
by
Desert
Hot
Springs
with
the
Public
Entity
Risk
Management
Authority
("PERMA")
.
Palm
Springs
shall
procure
and
maintain
for
the
duration
of
this
Agreement
liability
insurance
against
claims
for
injuries
to
persons
or
damages
to
property
in
an
amount
not
less
than
One
Million
Dollars
($1,000,000.00)
which
may
arise
from
or
in
connection
with
the
activities
of
Palm
Spr
ings
or
its
officers,
elected
officials,
agents,
representatives
and
employees
under
this
Agreement
by
including
Desert
Hot
Springs
as
a
"Protected
Party"
within
the
insurance
program
maintained
by
Palm
Springs
with PERMA.
8. Notice
. All
notices
or
other
communications
required
or
permitted hereunder
shall
.be
in
writing and
shall
be
either
personally
delivered,
or
sent
by
means
of
professional
overnight
courier
serv
ice
which
confirms
receipt
in
writing
(such
as
Federal
Express
or
UPS),
or
sent
by
telecopy
or
facsimile
("FAX")
machine
capable
of
confirming
transmission
and
receipt,
or
sent
by
certified
or
registered
mail,
return
receipt
requested,
postage
prepaid
to
the
following
parties
at
the
following
addresses
or
numbers
:
If
to
"Palm
Springs"
: City
of
Palm
Springs
Palm
Springs,
CA
92234
Attention:
Public
Works
and
Engineering
3200
E.
Tahquitz
Canyon
Way
Palm
Springs,
CA
92262
Telephone
: (760)
323-8299
If
to
"Desert
Hot
Springs":
City
of
Desert
Hot
Springs
Page4
Item 1Q - Page 9
Attention:
Nicholas
Haecker,
Public
Works
Director
11999
Palm
Drive
Desert
Hot
Springs,
CA
92240
Telephone
: (760)
329-6411
X
216
FAX:
(760)
288-0639
Notices
sent
in
accordance
with
this
paragraph
shall
be
deemed
delivered
upon
the
next
business
day
following
the:
(1)
date
of
delivery
as
indicated
on
the
written
confirmation
of
delivery
(if
sent
by
overnight
courier
services);
(2)
the
date
of
the
actual
receipt
(if
personally
delivered
by
other
means);
(3)
date
of
transmission
(if
sent
by
telecopy
or
facsimile
machine),
or;
(4)
the
date
of
delivery
as
indicated
on
the
return
receipt
(if
sent
by
certified
or
registered
mail,
return
receipt
requested).
Notice
of
change
of
address
shall
be
given by
written
notice
in
the
manner
detailed
in
this
paragraph.
9. General
Provisions.
9.1 Entire
Agreement.
This
Agreement
constitutes
the
entire
agreement
between
the
Parties
hereto
and
contains
all
of
the
agreements
between
the
Parties
with
respect
to
the
subject
matter
hereof.
This
Agreement
supersedes
any
and
all
other
agreements,
either
oral
or
in
writing,
between
the
Parties
hereto
with
respect
to
the subject
matter
hereof
.
9.2 Amendment
and
Waiver
. This
Agreement
may
be
amended
at
any
time
by
a written
agreement
executed
by
Palm
Springs
and
Desert
Hot
Springs.
No
change
or
modification
of
this
Agreement
shall
be
valid
unless
the
same
is
in
writing
and
signed
by
the
Parties.
No
waiver
of
any
provision
of
this
Agreement
shall
be
valid
unless
in
writing
and
signed
by
the
Party
granting
such
waiver,
and
in
no
event
shall
any
such
waiver
be
deemed
to
be
a
waiver
of
any
other
term,
covenant
or
condition
of
this
Agreement.
9.3 Invalid
Provision.
The
invalidity
or
unenforceability
of
any
particular
provision
of
this
Agreement
shall
not
affect
the
other
provisions
hereof,
and
this
Agreement
shall
be
construed
in
all
respects
as
if
such
invalid
or
unenforceable
provisions
were
omitted
.
9.4 _ Headings.
The
headings
of
the
articles,
sections,
subsections
or
paragraphs
of
this
Agreement
are
inserted
solely
for
convenience
of
reference,
and
shall
not
be
deemed
to
govern,
limit
or
aid
in
the
construction
or
interpretation
of
any
term
of
this
Agreement.
9.5 Independent
Counsel.
Each
Party
has
had
the
opportunity
to
consult
with
its
own
attorney
with
respect
to
this
Agreement,
and
in
the
event
that
any
language
contained
herein
is
construed
to
be
vague
or
ambiguous,
this
Agreement
shall
not
be
strictly
construed
against
either
Party
.
9.6 Binding
Effect.
This
Agreement
shall
be
binding
upon
and
inure
to
the Page5
Item 1Q - Page 10
benefit
of
Palm
Springs
and
Desert
Hot
Springs.
9.7 Other
Documents.
The
Parties
hereto
agree
that
each
shall,
concurrently
herewith,
or
at
any
time
hereafter,
on
the
demand
of
the
other,
execute
any
other
documents
or
instruments
or
cause
to
be
done
any
other
acts
and
things
as
may
be
necessary
or
convenient
to
carry
out
the
intents
and
purposes
of
this
Agreement.
9.8 Counterparts
.
This
Agreement
may
be
executed
in
any
one
or
more
counterparts,
and
all
so
executed
shall
constitute
one
and
the
same
instrument.
Any
signature
page
on
any
counterpart
hereof
may
be
detached
from
and
added
to
any
other
counterpart
identical
in
form
hereto.
9.9 Attorneys'
Fees.
In
the
event
that
any
party
to
this
Agreement
shall
bring
an
action
to
enforce
the
provisions
of
this
Agreement
or
as
a
result
of
any
default
in
the
performance
of
any
of
the
provisions
of
this
Agreement,
the
prevailing
party
in
such
action
shall
be
entitled
to
recover
all
costs
and
expenses
, including
reasonable
attorneys'
fees,
incurred
by
such
party
in
connection
with
such
action.
9.10 Governing
Law
and
Venue
.
This
Agreement
shall
be
construed
and
governed
by
the
laws
of
the
State
of
California.
The
Parties
agree
that
the
exclusive
venue
for
any
action
or
proceeding
arising
from
or
relating
to
this
Agreement
shall
be
in
the
County
of
Riverside,
State
of
California
.
Page6
Item 1Q - Page 11
IN WITNESS WHEREOF. the Parties have caused this Agreement to be signed as of the d~te first written above.
CITY OF PA~NJ $.~R.IN~S
By: ---------JUSTIN CLIFTON
City Manager
ATTEST:
By:---------
MONIQUE LOMELI
Interim City Clerk
APPROVED AS TO FORM:
By:---------
JEFFREY BALLINGER
City Attorney
APPROVED AS TO CONTENT:
By: ---------
CITY OF DESERT HOT SPRINGS
By: Luke Rainey
Luke RaineY
CitY Manager
ATTEST:
By: Jerryl Soriano
JERRYL SORIANO
City Clerk
APPROVED AS TO FORM:
Jennifer Mizrahi
By:------------
JENNIFER MIZRAHI
City Attorney
Page7
Item 1Q - Page 12
EXHIBIT"A"
MAINTENANCE
AGREEMENT
FOR
TRAFFIC
SIGNAL
AND
SAFETY
LIGHTING
INSTALLATIONS
THAT
ARE
JOINTLY
OWNED
BY
THE
CITY
OF
DESERT
HOT
SPRINGS
AND
THE
CITY
OF
PALM
SPRINGS
MAINTAINED
BY
THE
CITY
OF
DESERT
HOT
SPRINGS
LOCATION
:
N
Indian
Canyon
Drive
&
20 th
Ave
(EXISTING)
N
Indian
Canyon
Drive
&
Coachillin
Way
(FUTURE)
N
Indian
Canyon
Drive
&
19 th
Ave
(FUTURE)
N
Indian
Canyon
Drive
&
18 1h
Ave
(FUTURE)
OWNERSHIP: Lead
Agency:
Desert
Hot
Springs
Secondary
Agency
: Palm
Springs
50%
City
of
Desert
Hot
Springs,
50%
City
of
Palm
Springs,
Lead
Agency
: Desert
Hot
Springs
Secondary
Agency
: Palm
Springs
50%
City
of
Desert
Hot
Springs,
50%
City
of
Palm
Springs
Lead
Agency:
Desert
Hot
Springs
Secondary
Agency
: Palm
Springs
50%
City
of
Desert
Hot
Springs,
50%
City
of
Palm
Springs
Lead
Agency:
Desert
Hot
Springs
Secondary
Agency:
Palm
Springs
25%
City
of
Desert
Hot
Springs,
25%
City
of
Palm
Springs,
and
50%
Riverside
County
Item 1Q - Page 13
EXHIBIT
0 B"
SEE ATTACHED BILLING RATES
-9-
Item 1Q - Page 14
\/UN=
X
TRAFFIC March
11,
2022
Lynne
Paul
ASiemens
Busjness
City
ofDesert
Hot
Springs
65950
Pierson
Boulevard
Desert
Hot
Springs,
Ca.
92240
Subject:
Traffic
Signal
Maintenance
Contract
extension-
Rate
Schedule
Contractor
Fee
Schedule
BouVn@
Malatananrut
I Each
sjgnaHzed
Intersection
w
montb
$§7333
Extraordlna,v
Maintenance
Confticl
Monllor
Tesling
(per
each
Intersection)
S80.80
6'
Circular
Loop
(1-4)
S430
.98
6'
Circular
Loop
(5-11)
S404.04
6' CitaJlar
LOOP
(12+)
$3TT.10
Cabinet
Testlna
$1,023
.57
l.mor
Reauar
Overtlime
Double
11.'me
Traffic
Sianal
Supervisor
$91.58
$129.29
$172.39
Enaineerina
Technician
$91.58
$129
.29
$172.39
Traffic
Slanal
Technician
$87.50
$121
.83
$155.07
Traffic
Signal
Laborer
$64
.65
$91.58
$113.13
Eauloment Pickup
Truck
$10.77
Service
Truck
$21.55
Bucket
Truck
$31.01
Crane
$323.23
Thank
You,
Candace
(ja{Cafier
Restricted
Yunex
Traffic
a Siemens
Business
2240
Business
Way
Riverside,
CA
92501
951.784.6600 951.784.6700
Fax
www.usa-siemens.com/mobility
Item 1Q - Page 15
Table
A.
Riverside-San
Bernardino-Ontario,
CA
. CPI
-U
2-month
and
12-month
percent
changes,
all
items
index,
not
seasonally
adjusted
: :
•
.I
2019
Month
'
2-month
12-month
January
O.•
3.(
March
o:
2.l
May
u
2.4 July
..
-0.
2.(
September
0.(
3. N011embef'
o:
2.'
S~n~u~:
---
~-
·-----
Jennire,
Wuahi
{Seµ
lJ.,
2022
16:56
POT)
Email:
[email protected]
Signature:
~
Email:
[email protected]
··"·
2020
·:
~ c-.::;/
J
::-:
11 2022
-
,.
:..'~
2-month
12-month
2-month
12-month
2-month
12-month
o.
3.(
o.~
2.:
1..
o.c
2.'
I.
3.1 -0
~
o.~
2.(
s.c
O.i
I.'
l.
6.!
O.!
l .'
O.l
6.1 0.'
1.5 1.41
7.9 Signature:
Luke
l!t!!#~(,f
Luke
Rainey
(Sep,
;,
.l
i 09
:59
POT)
Email:
[email protected]
8.C
CITY COUNCIL STAFF REPORT
10/27/2022
SUBJECT:
APPROVAL OF A GROUND LEASE AGREEMENT WITH T-MOBILE WEST, LLC,
FOR NON-EXCLUSIVE USE OF GROUND SPACE WITH AN EXISTING WIRELESS COMMUNICATIONS TOWER AT 4375 EAST MESQUITE AVENUE
RECOMMENDATION:
Approve Wireless Communications Facilities Site Lease Agreement by and between T-Mobile West, LLC, and the City of Palm Springs for non-exclusive use of ground space at City-owned property at 4375 East Mesquite Avenue.
1. Authorize the City Manager or designee to execute all the necessary documents.2.
Attachments
Item 1R
CITY COUNCIL STAFF REPORT
DATE: OCTOBER 27, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF A GROUND LEASE AGREEMENT WITH T- MOBILE
WEST, LLC, FOR NON-EXCLUSIVE USE OF GROUND SPACE WITH
AN EXISTING WIRELESS COM MUNICATIONS TOWER AT 4375 EAST
MESQUITE AVENUE
FROM: Teresa Gallavan, Interim City Manager
BY: Community and Economic Development Department
SUMMARY:
This action is to approve a Communications License Agreement with T-Mobile W est, LLC, for a non-exclusive use of ground space with an existing wire less communication tower at 4375 East Mesquite Avenue for a term of five (5) years with one (1) five (5)- year extension option.
RECOMMENDATION:
1. Approve Agreement No. ______, Wireless Communications Facilities Site Lease Agreement by and between T- Mobile West, LLC, and the City of Palm Springs for non-exclusive use of ground s pace at City-owned property at 4375 East Mesquite Avenue.
2. A uthorize the City Manager or designee to execute all the necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
T-Mobile West, LLC is a Delaware limited liability comp any with its principal offices located at Bellevue, WA . Public Integrity Disclosure Forms are included in Attachment A.
BACKGROUND:
The Lease Agreement, included in Attachment B , is for the non- exclusive use of ground space with an existing wireless tower at 4375 East Mesquite Avenue within the City-owned Demuth Park. The tower and equipment were initially installed in 1996 by Pacific Bell M obile Services. T- Mobile West, LLC is successor in interest to origi nal Lessee. The City entered int o a ground lease on July 1, 1996 for a period of 15 years with two (2) five (5) year extension options. The Agreement expired on July 1, 2021 and Item 1R - Page 1
City Council Staff Report
October 27, 2022 -- Page 2
T-Mobile West, LLC – 4375 East Mesquite Avenue
is currently on a month- to-month holdover of the expired lease. Th is action is f or approval of a new lease a greement with the current Lessee, T -Mobile West, LLC, for a period of five (5) years with one (1) five (5) year extension option at a starting monthly rate of $3,400 and annual escalator of CPI or 3%, whichever is greater.
STAFF ANALYSIS:
The City has wireless communication equipment ground leases on City -owned property at various locations. Table 1 summari zes the ke y terms of each lease and sh ows current lease r ates based on most recent annual escalator adjustments in order of the start year of each lease. The subject Lease is shown as the first two entries on the table below:
Table 1-Existing City of Palm Springs Leases
Wireless Communications
Provider/Location
Starting
Lease
Rate
Start
Year
Annual Escalator Current
License or
Lease Rate
T-Mobile/Sprint/4375 E.
Mesquite Drive (subject)
$600 1996 CPI $1,279.35
Proposed T-Mobile
West/4375 E. Mesquite
Avenue (subject)
$3,400 2021 1 3% or CPI,
whichever
greater
Crown Castle AT&T/1901
E. Baristo Road
$3,200 2019 3% or CPI,
whichever greater
$3,473.66
Verizon Wireless/1901 E.
Baristo Road
$3,300 2018 3% or CPI,
whichever greater
$3,615.10
STC One PCS/3111 E.
Tahquitz Canyon Way
$3,038 2017 CPI $3,709.98
Sprint PCS/1901 E.
Baristo Road
$2,950 2014 CPI $3,737.00
Verizon Wireless/295 S.
Indian Canyon Drive
$2,500 2012 4% $3,700.61
T-Mobile/1901 E. Baristo
Road
$1,500 2006 CPI w/5% cap $2,095.54
Sprint/Nextel/3601 E.
Mesquite Drive 2
$850 1998 20% (every 5-
year term at
renewal)
$1,906.56
1 Initial term of lease is retroactive to July, 1, 2021, the expiration date of previous lease.
Retroactive rent adjustment to be made within 60 days following effective date of this lease to reconcile the increase in rent due as of July 1, 2021. 2 Lease acquired through City purchase of property in 2010
Item 1R - Page 2
City Council Staff Report
October 27, 2022 -- Page 3
T-Mobile West, LLC – 4375 East Mesquite Avenue
A surve y o f ot her cit ies within the Coachella Valley was taken to compare the r ates being charged for w ireless to wer ground leases on cit y-owned property. The st arting rates charged by other valley cities range from $1,500 to $3,000 per month as shown in Table 2:
Table 2-Comparison of Wireless Tower Ground Leases by other Valley Cities
City Starting Lease
Rate
Start Date Annual
Escalator
Current
Lease Rate
Cathedral
City
$2,250 2010 3% $3,115
$2,500 2015 3% $2,985
Palm Desert $1,500 2001 3% $2,709
$1,167 2002 3% $2,046
La Quinta $3,000 2010 3% $4,153
Indio $2,700 2011 3% $3,628
$1,500 Prior to 2009 unknown unknown
Research on other California cities r evealed similar results with starting rents ranging from $1,500 to $3,333 per month as shown in Table 3.
Table 3-Comparison of Wireless Tower Ground Leases by other California Cities
City Starting Lease
Rate
Base Year Annual
Escalator
Current Lease
Rate
Avondale $1,500 2013 3.5% $1,975
Costa Mesa $2,000 2011 3% $2,687
Glendale $3,000 2010 4% $4,618
Orange County $3,333 2012 3% $4,349
Victorville $1,500 2010 3% $2,076
Sausalito $1,850 2009 CPI w/5% cap
Torrance $2,500 2015 Unknown
Southgate $1,500 2004 3% $2,479
$2,200 2015 4% $2,784
Long Beach $2,500 2013 3% $3,166
Beaumont $2,500 2015 Unknown
AVERAGE $3,017
A side-by-side comparison of the key terms of the existing ground lease agreement with T-Mobile West, LLC, and the proposed renewed ground lease agreement is provided i n Table 4.
Item 1R - Page 3
City Council Staff Report
October 27, 2022 -- Page 4
T-Mobile West, LLC – 4375 East Mesquite Avenue
Table 4-Comparison of Original and Proposed Lease Terms
Original Lease Terms Proposed Lease Terms
Lessee Pacific Bell Wireless
succeeded in interest by T-
Mobile West, LLC
T-Mobile West, LLC
Agreement No. A3669 TBD
Term 15 years with two 5-year
extension options
5 years with one (1) five (5)
year extension option;
Expiration Date of Lease July 1, 2021 15 years from date of execution
Initial Rent $600/month $3,400/month
Current Rent $1,279.35/month $3,400/month
Annual Adjustments to rent Consumer Price Index Consumer Price Index or 3%, whichever is greater
Renewal/Holdover upon
Expiration
100% of rent at expiration 150% of rent at expiration
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the Cali fornia 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 di rect physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve a Lease Agreement for non-exclusive use of tower and ground space at an existing communications facility, 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 re sult in direct or indirect physical changes in the environment.
FISCAL IMPACT:
The Lease Agreement would provide the City $3,400/ month in General Fund revenue.
Current revenue: $15,352/year
Proposed revenue: $40,800/year
Increase in revenue: $25,448/year
Item 1R - Page 4
City Council Staff Report
October 27, 2022 -- Page 5
T-Mobile West, LLC – 4375 East Mesquite Avenue
REVIEWED BY:
Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. P ublic Integrity Disclosure Documents
B. Lease Agreement
C. Aerial View, Vicinity and Street View of Existing Facilities Item 1R - Page 5
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)
(Revised 05/16/19)
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials . Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City ’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.
When Must I File?
You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Note: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed.
B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.
NOTE: USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].
Item 1R - Page 6
City of Palm Springs
Public Integrity Disclosure
Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these s upplementary instructions to clearly identify the required information, and the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.
Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity)
As an example , Applicant is: Acme Brothers, Inc., a California corporation, whose officers are: John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brother s, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company , which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.
The full business entity disclosure in this example would resemble the following:
1. Acme Brothers, Inc., a California corporation (PID Form 1) a. Officers: John Doe, Jill Doe, and Jay Doe page 1
b. Ownership: page 2
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe
2. Acme Brothers, LLC, a California limited liability company (PID Form 2) a. Managers: Acme Brothers 2, Inc., a California corporation page 1 b. Ownership: 100% Acme Brothers 2, Inc., a California corporation page 2
3. Acme Brothers 2, Inc., a California corporation (PID Form 3) a. Officers: George Doe, Bill Doe, and Jane Doe page 1
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company page 2
4. Acme Brothers 2, LLC, a California limited liability company (PID Form 4) a. Managers: George Doe page 1
b. Ownership: page 2
i. 50% George Doe
ii. 50% Jane Doe
Item 1R - Page 7
The full disclosure listing of natural persons with financial interest in Acme Brothers, Inc., a California corporation, would represent the following:
1. John Doe, 25%
2. Jill Doe, 25%
3. George Doe, 25%
4. Jane Doe, 25%
In order for you, as an applicant, to disclose to appropriate City officials any potential conflict of interest, it is critical that all managers, members, corporate officers, and all natural persons having any financial interest of 5% or more be identified. Failure to identify all such persons may be cause for any action approved by the City to be declared null and void.
Item 1R - Page 8
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 05/16/19)
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 ____________________________________
Item 1R - Page 9
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 05/16/19)
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
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
Item 1R - Page 10
T-MOBILE WEST LLC
OFFICERS & MANAGER & MEMBER
Manager: David A. Miller
Member: T-Mobile USA, Inc.
Officers:
G. Michael Sievert President & Chief Executive Officer
Peter A. Ewens Executive Vice President, Corporate Strategy and Development David A. Miller Executive Vice President, General Counsel & Secretary Peter Osvaldik Executive Vice President & Chief Financial Officer Matthew A. Staneff Executive Vice President & Chief Marketing Officer Dara Bazzano Senior Vice President & Chief Accounting Officer Broady Hodder Senior Vice President, Legal Affairs, Corporate Governance and Strategic Transactions & Assistant Secretary
Christopher M. Miller Senior Vice President, Taxation
Johannes Thorsteinsson Senior Vice President, Treasury & Treasurer Lauren Venezia Senior Vice President, Deputy General Counsel & Assistant Secretary
Daniel Drobac Vice President, Accounting & Controller
Rahul Modi Vice President, Treasury & Assistant Treasurer Larry Weians Vice President, Tax
David E. Conroy Assistant Secretary
Katie True-Awtry Assistant Secretary
Frederick Williams Assistant Secretary
David Thacker Authorized Signatory
Susan Hacker Authorized Signatory *
Susan Reines Authorized Signatory *
Lindsey Romano Authorized Signatory *
Greg Trant Authorized Signatory *
* business license applications only
Item 1R - Page 11
DocuSign Envelope ID: CBFE2EFA-C989-4C1F-ADF2-487389A690D6 Item 1R - Page 12
CITY OF PALM SPRINGS
WIRELESS COMMUNICATIONS FACILITIES SITE LEASE
This Wireless Communications Facilities Site Lease (the "Lease") is made and entered into this __ day of ____ , 2022, ("Effective Date") by and between the CITY OF PALM SPRINGS, a California municipal corporation (herein "LESSOR" or "City"), and T-Mobile West LLC, a Delaware limited liability company (herein "LESSEE"). LESSOR and LESSEE are at times hereinafter collectively referred to as "Parties" or individually as the "Party".
RECITALS
WHEREAS, LESSOR is the fee title owner of real property located at 4375 E. Mesquite Avenue in the City of Palm Springs, California (the "Property") described more particularly in Exhibit A attached hereto, which description is fully incorporated herein by this reference; WHEREAS, LESSOR and LESSEE previously entered into a Ground Lease Agreement dated June 24, 1996 ("Original Lease Agreement"), which Original Lease Agreement expired as of June 30, 2021;
WHEREAS, LESSEE currently occupies the Premises (defined below) as a holdover tenant under the terms of the Original Lease Agreement with LESSOR's consent, and as such, the holdover tenancy expires on the Commencement Date of this Lease; and WHEREAS, in contemplation of the expiration of the Original Lease Agreement, LESSOR and LESEE desire to enter into this Lease that would delete and replace the Original Lease Agreement in its entirety as of the Commencement Date.
LEASE
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants, conditions, and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties to this Lease do hereby agree as follows:
1. LEASED PREMISES:
1. 1 DEMISE: LESSOR leases to LESSEE a twenty-three (23) foot by twenty-three (23) foot portion of the Property as more particularly described and depicted in Exhibit B (the "Premises"), attached hereto and incorporated herein by this reference.
1.2 LESSEE ACCESS: LESSOR shall provide LESSEE, LESSEE's employees, agents, and subcontractors access to the Premises upon 24 hours' advance written notice; provided, however, that in the event of an "emergency or special circumstance", which would leave the Facilities, as defined below, inoperable during normal non-business hours, LESSEE may access the Property to make TMO / Sprint Site ID: IE04466A
TMO / Sprint Lease ID: 98326
55575.38175\40124483.l
IE04466A_NLG-31917_AMD_98326
DocuSign Envelope ID: CBFE2EFA-C989-4C1F-ADF2-487389A690D6 Item 1R - Page 13
necessary repairs and shall provide notice to LESSOR, as soon as reasonably practicable. For purposes of this Lease, the phrase "emergency or special circumstance" shall be interpreted to mean equipment failure, automobile accidents and natural disasters, including, but not limited to flooding, wind, and earthquakes.
2. USE OF LEASED PREMISES: To the extent provided in this Lease, LESSEE may use the Premises to facilitate provision of wireless communication services, including the transmission and the reception of communication signals of various frequencies. Subject to the terms and conditions of this Lease, LESSEE may install, construct, maintain, repair, replace and operate on the Premises the communications and other facilities as specifically depicted and described in Exhibit C (the "Facilities"), attached hereto and incorporated herein by reference, as approved by LESSOR in writing prior to taking such actions. To the extent reasonable, LESSOR shall cooperate with LESSEE in applying for and obtaining all licenses, permits, and any and all other necessary approvals that may be required for LESSEE's use of the Premises. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon LESSEE continually maintaining in full force and effect, after the Effective Date, all the certificates, permits, and other approvals that are required by any federal, state, or local authorities.
3. LEASE TERM:
3 .1 INITIAL TERM: The initial term of this Lease shall commence on July 1, 2021 (the "Commencement Date") and shall continue for five (5) years from that date (the "Initial Term"), unless terminated earlier pursuant to Section 8 hereinbelow.
LESSOR and LESSEE acknowledge and agree that as of the date of full execution of this Lease, the Original Lease Agreement shall be deemed terminated and of no further force or effect. Retroactive to the Commencement Date, this Lease supersedes and replaces that Original Lease Agreement. Any rental payments made by Lessee under the Original Lease Agreement for the period between the expiration of the Original Lease Agreement and the Effective Date shall be applied as a credit towards Lessee's Rent obligation accruing after the Commencement Date.
3.2 RENEWAL TERM: Unless LESSEE gives written notice of its intention not to extend the Lease to LESSOR at least sixty (60) days prior to the end of the Initial Term, and provided LESSEE is not in default under this Lease, this Lease shall automatically be extended upon the expiration of the Initial Term, for one (1) additional five (5) year term ("Renewal Term"), subject to all terms and conditions of this Lease. The Initial Term and the Renewal Term shall be collectively referred to herein as the "Term".
4. PAYMENT OF RENT: Commencing upon the Commencement Date, LESSEE agrees to pay to LESSOR, the amounts set forth in this Section, each month in advance, on the first of each month, as rental for the Premises for the Term of the Lease, payable to the City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262, Attn:
Accounts Receivable, Finance Department without deduction or offset. In addition, LESSEE agrees to do and perform all other covenants and agreements contained in this Lease.
TMO / Sprint Site ID: IE04466A
TMO / Sprint Lease ID: 98326
55575.38175\40124483.1
DocuSign Envelope ID: CBFE2EFA-C989-4C1F-ADF2-487389A690D6 Item 1R - Page 14
4.1 BASE RENT: LESSEE shall pay LESSOR $3,400.00 per month as base rent ("Base Rent"). If the Commencement Date is a date other than the first day of the month, Base Rent for the first calendar month shall be paid on the Commencement Date and prorated on the basis of the number of actual days in such partial month.
4.2 COST OF LIVING ADIDSTMENT: The Base Rent shall be automatically increased on each anniversary of the Commencement Date by the greater of: the percentage change in the Consumer Price Index (1982-84 + 100) Urban Wage Earners and Clerical Workers - Los Angeles, Anaheim, Riverside ("CPI Index") published for the month that is three (3) months preceeding the adjustment date compared to the CPI Index published twelve (12) months before the month that is three (3) months preceding the adjustment date, or (ii) an amount equal to three percent (3%) of Base Rent then in effect immediately prior to such annual increase.
The base month for increases under this section shall be the most recently measured twelve (12) month period prior to the commencement of each annual anniversary of the Commencement Date. If the CPI Index is discontinued or changed in such a way that it is impossible to obtain a continuous measurement of price changes, the CPI Index shall be replaced by a comparable governmental index.
4.3 RETROACTIVE RENT ADIDSTMENT: The monthly base rent payable under the Original Lease Agreement shall continue to be payable by LESSEE to LESSOR for the period between the Commencement Date through the Effective Date of this Lease. Within sixty (60) days following the Effective Date of this Lease, LESSEE shall pay LESSOR any back rent payments due to LESSOR without deduction or offset to reconcile the increase in rent due upon the Commencement Date and actual rent paid during the holdover period between the Commencement Date of this Lease and the Effective Date of this Lease.
4.4 LATE CHARGE: LESSEE acknowledges that late payment by LESSEE to LESSOR of Base Rent will cause LESSOR to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges.
Therefore, if any installment of Base Rent due from LESSEE is not received by LESSOR within ten (10) days of becoming due, LESSEE shall pay to LESSOR an additional sum of three percent (3%) per month of the overdue Base Rent as a late charge. The Parties agree that this late charge represents a fair and reasonable estimate of the costs that LESSOR will incur by reason of such late payment by LESSEE. Acceptance of any late charge shall not prevent LESSOR from exercising any of the other rights and remedies available to LESSOR.
4.5 ADDITIONAL CONSIDERATION: As consideration to LESSOR for entering into this Lease, in addition to the rental payments specified above, within sixty (60) days following the Commencement Date of this Lease, LESSEE shall pay to LESSOR the one-time sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500). Such payment shall not be refunded or reimbursed to LESSEE for any TMO / Sprint Site ID: IE04466A
TMO / Sprint Lease ID: 98326
55575.38175\40124483.1
DocuSign Envelope ID: CBFE2EFA-C989-4C1F-ADF2-487389A690D6 Item 1R - Page 15
reason, regardless of whether LESSEE terminates the Lease pursuant to its provisions or proceeds with construction of the Facilities.
4.6 VERIFICATION OF RENT: Once per calendar year, LESSOR may submit a written request to LESSEE for a business summary report pertaining to LESSEE's Base Rent obligations, including any Collocation Fee amounts, for the prior twelve (12) month period, and LESSEE shall provide such written accounting to LESSOR within sixty (60) days after LESSEE's receipt of such written request.
4.7 HOLDOVER: If the Facilities or any part thereof is still on the Property, or LESSEE is still conducting any activities or operations on the Property, or is otherwise using the Property without a written agreement with LESSOR after the expiration of the Term, such possession or use shall be deemed a holdover use under the same terms and conditions of this Lease, except that Base Rent shall be one hundred fifty percent (150%) of Base Rent in effect at the expiration of the Term, and shall be payable in advance in equal monthly installments. Nothing contained herein shall grant LESSEE the right to holdover after the expiration of the Term and notwithstanding the payment of Base Rent during the holdover period, LESSEE shall have the right to require LESSEE to vacate the Premises and Property at any time upon thirty (30) days written notice.
5. PROPERTY TAXES: LESSEE recognizes and understands that this Lease may create a possessory interest subject to property taxation pursuant to Revenue and Taxation Code section 107.7 and that LESSEE may be subject to the payment of property taxes levied on such interest.
LESSEE shall timely pay all property taxes and assessments directly attributable to LESSEE's possessory interest. In no event shall LESSOR be liable for any such property taxes or assessments owed as a result of this Lease. If LESSEE fails to make property taxes and assessments when due, LESSOR may, but shall not be obligated to, pay such amounts, and LESSEE shall reimburse LESSOR all such amounts plus LESSOR's administrative costs of such payments and collection costs, if any.
6. LESSOR INSPECTION AND ENTRY: ACCESS FOR INSPECTIONS:
6.1 LESSOR and/or its authorized representatives shall have the right to enter the Premises upon twenty-four (24) hours' advance written notice to LESSEE, unless LESSOR determines that exigent circumstances warrant a shorter period of time, so long as such entrance does not unreasonably interfere with LESSEE's use of the Premises, in order for LESSOR:
A. To determine whether the Premises are in good condition and whether LESSEE is complying with its obligations under this Lease; or B. To do any necessary maintenance and to make any restoration to the Premises and/or support pole structure owned by LESSOR or to correct any dangerous condition threatening the life, safety, or health of the Property's users or invitees; or
TMO / Sprint Site ID: IE04466A
TMO / Sprint Lease ID: 98326
55575.38175\40124483.1
DocuSign Envelope ID: CBFE2EFA-C989-4C1F-ADF2-487389A690D6 Item 1R - Page 16
C. To serve, post, or keep posted any notices required by law, court order, or decree, or allowed under the provisions of this Lease; or D. To run electric or telephone conductors, pipes, conduits, or ductwork where necessary or desirable over, under, or through the Premises in a manner which will not unreasonably interfere with LESSEE's use of the Premises.
6.2 LESSOR shall not be liable in any manner for any inconvenience, disturbance, loss of business, or nuisance arising out ofLESSOR's entry on the Premises as provided in this Section, except for damage resulting from the acts or omissions of LESSOR or its authorized representatives. LESSEE shall not be entitled to an abatement or reduction of Base Rent, if LESSOR exercises any rights reserved in this Section.
7. CONSTRUCTION AND MAINTENANCE OF FACILITIES AND PREMISES:
7.1 LESSEE'S CONSTRUCTION: LESSEE shall have the right to install, construct, maintain, repair, replace, and operate the Facilities on the Premises as specifically depicted in Exhibit C. The Parties intend that the antennas and appurtenances related thereto which are a part of the Facilities shall be constructed and maintained (1) within an existing chain link fence and on a monopole; (2) in such manner as to make the cabinetry blend into the surroundings; and (3) in such a manner that the Facilities will not interfere with LESSOR's use of the Property for public park purposes. Therefore, construction or modification by LESSEE of any improvement, structure or work on the Premises shall be permitted only upon the express written consent of LESSOR, which LESSOR may either grant or withhold in its reasonable discretion.
7.2 CONSTRUCTION OF IMPROVEMENTS: All improvements to the Premises shall be made in a good and workmanlike manner, at LESSEE's expense, in accordance with the requirements of all laws, ordinances, and regulations applicable thereto, including zoning requirements and building code requirements of the City of Palm Springs, and any municipal or other governmental agency having jurisdiction over the Premises and Facilities at the time the improvements are constructed. LESSOR agrees to cooperate with LESSEE in connection with applying for any municipal permits for the construction of the aforementioned improvements. It is understood and agreed that such cooperation shall not be implied to include any expenditures of funds on the part of LESSOR or any implied promise or warranty that such permits, discretionary, or otherwise, will be issued to LESSEE. In addition to LESSEE's twenty-four (24) hour advance written notice requirement prior to accessing the Premises, LESSEE shall also provide reasonable notice to the LESSOR prior to entering the Premises for purposes of constructing the Facilities, and shall coordinate the scheduling and logistics of same with LESSOR to avoid any interference with LESSOR's operations. Once construction commences, any and all improvements made by LESSEE with respect to the installation of the Facilities shall be diligently pursued to completion.
TMO / Sprint Site ID: IE04466A
TMO / Sprint Lease ID: 98326
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7.3 MECHANIC'S LIENS: LESSEE shall not allow or permit to be enforced against the Premises, or any part thereof, and shall defend, indemnify, and hold LESSOR harmless from any mechanic's, material suppliers', contractors', tax, or subcontractors' liens arising from any claim, for damage, or growing out of the work of any construction, repair, restoration, replacement, or improvement made by or alleged to have been made by or on behalf of LESSEE. LESSEE shall pay or cause to be paid all of such liens, claims, or demands before any action is brought to enforce the same against the Premises. If LESSEE shall in good faith contest the validity of any such claim, lien, or demand, then LESSEE shall, at its expense, defend itself and LESSOR against same and shall pay and satisfy any settlement or adverse judgment that may be entered thereupon prior to the execution thereof. In the event of any such contest, LESSEE shall provide LESSOR with a security bond in a form and amount LESSOR deems sufficient to allow the lien of record to be discharged as a matter oflaw.
7.4 CARE DURING CONSTRUCTION: LESSEE shall exercise great care during construction. All applicable City standards and specifications shall be followed.
7.5 LESSEE MAINTENANCE OF FACILITIES AND PREMISES: LESSEE's maintenance of the Facilities and Premises shall include, but is not limited to:
A. Maintenance of all landscaping installed by LESSEE, if any; B. Repairs and/or replacements to the Facilities or Premises to correct damage caused by acts of third parties, including theft, graffiti, and intentional or negligent acts or omissions;
C. Maintaining, in good, clean, safe, and sanitary condition and repair, all of LESSEE's personal property. All Facilities on the Property must be maintained in a first-class condition without rust, paint, or surface deterioration. All maintenance must conform to the standards utilized by LESSOR; and
D. All work necessary to comply with Federal, State, County, municipal, and other governmental agencies and bodies having jurisdiction.
7.6 RELOCATION: In the event relocation is necessary due to public improvements, LESSEE will pay for relocation, provided that LESSOR provides a suitable alternate location for the Facilities at the Property. LESSEE shall relocate the Facilities within twelve (12) months of LESSO R's written notice thereof.
7.7 ABANDONMENT: If use of the Facilities is abandoned for at least two (2) consecutive months, LESSEE or its designee shall be responsible for removing the Facilities and returning the Premises to their original condition as approved by LESSOR. LESSOR shall provide written notice to LESSEE of said abandonment.
In the event LESSEE fails to comply with this provision in regard to the removal of the Facilities and restoration of the Premises within ten (10) days of said notice, TMO / Sprint Site ID: IE04466A
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LESSOR shall have the right to remove the Facilities and LESSEE relinquishes any and all rights thereto, said Facilities shall become the property of LESSOR by virtue of LESSEE's abandonment hereunder.
8. TERMINATION:
8.1 LESSOR'S RIGHT TO TERMINATE:
A. LESSOR may pursue any remedies available to it under applicable law, including, but not limited to, the right to terminate this Lease, upon any of the following events:
1. If LESSEE fails to pay the any fee when due, LESSOR may, after giving ten (10) business days prior written notice to LESSEE, terminate this Lease and seek other remedies, as appropriate, under the laws of the State of California, unless LESSEE cures such default by payment of the outstanding fee and accrued interest charges within such notice period;
2. LESSEE's failure to comply with any term, covenant, or condition of this Lease after LESSEE has been given written notice of the default and has had thirty (30) days to cure same or, if such default is of a nature that cannot be reasonably cured within such thirty (30) day period, LESSEE has not taken substantial steps to commence such cure such default within such thirty (30) day period and diligently prosecutes its cure to completion;
3. Interference by the Facilities with other electrical or radio frequency equipment installed on or around the Property prior to the Effective Date, which interference is not cured by LESSEE within ten (10) days following written notice thereof; or
4. Interference with LESSOR's operations, or use of the Property by LESSOR or third parties after LESSEE has been given written notice of the violation and has had thirty (30) days to cure same or, if such default is not curable within such thirty (30) day period, has not proceeded to commence substantial steps to cure such default within such thirty (30) day period and diligently prosecutes such cure to completion.
B. Additionally, upon a finding by LESSOR's City Council that the Premises are needed for other public purposes, LESSOR shall have the right, after the expiration of the Initial Term, to terminate this Lease without liability upon (1) year's prior written notice of termination to LESSEE.
8.2 LESSEE'S RIGHT TO TERMINATE:
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A. LESSEE may terminate this Lease without further liability for any reason or no reason, upon one hundred eighty (180) days prior written notice to LESSOR.
8.3 RETURN OF PREMISES UPON TERMINATION OR EXPIRATION: Except as otherwise provided herein, LESSEE shall, at its sole expense, remove all of the Facilities and any other personal property placed upon the Premises and Property within sixty (60) days following expiration or earlier termination of this Lease.
Upon the expiration or earlier termination of this Lease, LESSEE shall surrender the Premises to LESSOR in a condition at least as good as existed on the Effective Date, less ordinary and reasonable wear and tear and loss by casualty.
Notwithstanding the foregoing, the Parties intend that LESSEE shall not remove or destroy LESSOR's field light pole and any appurtenant improvements necessary for the continued operation of the field light.
9. INTERFERENCE:
9.1 LESSEE'S OBLIGATIONS: Prior to occupancy of the Premises and operation of the Facilities by LESSEE or its agents, assigns or LESSEE's employees, LESSEE agrees to:
A. LESSOR hereby approves the Facilities as specifically described and depicted in Exhibit C attached hereto. All Parties acknowledge that LESSOR, in executing this Lease, is acting only in its proprietary capacity as the owner of the Property and Premises, and not in any regulatory fashion. LESSEE shall not consider this Lease as approval of any applicable permits, licenses or other governmental approvals required for the construction or operation needed for the use described herein.
B. LESSEE acknowledges and understands that there may be communications facilities on the Property belonging to one or more third parties (referred to as the "Prior User(s)") that have entered into an agreement(s) (the "Prior Use Agreement(s)") with LESSOR, pursuant to which the Prior User(s) has(ve) been permitted to install and operate communications equipment on the Property. Where applicable, LESSEE represents and warrants that prior to the execution of this Lease, LESSEE has determined that the Prior Users present no material interference with LESSEE's intended use within the Premises.
C. Install or cause to be installed, all Facilities according to generally accepted standard engineering practices and in a good and workmanlike manner.
D. LESSEE shall operate the Facilities in a manner that will not cause harmful interference to (i) LESSOR's use of the Property, or (ii) any communications equipment operated and/or owned by the Prior User(s) as of the Effective Date, provided that the Prior User(s) operates its communications equipment in accordance with the terms of the Prior Use Agreement(s). If the Facilities cause such harmful interference, LESSEE TMO / Sprint Site ID: IE04466A
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will immediately take all steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing. If such interference cannot be corrected or powered down within two (2) days after LESSEE is advised of such interference, LESSOR may require that LESSEE cease ( or cause the cessation of) operation of the interfering equipment until such interference can be so corrected, at which time the operation of such equipment may resume ..
9.2 SUBSEQUENT PROPERTY LEASES: LESSOR reserves the right to lease or license other portions of the Property to third parties during the Term. If, subsequent to the installation of the Facilities, the new third party equipment on the Property causes harmful interference with the Facilities, LESSEE shall cooperate with the third party offender and use its best efforts to resolve the interference issues without involving LESSOR personnel. If any such subsequent users cannot correct such harmful interference within ten (10) business days of LESSEE's written notification thereof to LESSOR, LESSEE may terminate this Lease upon sixty (60) days written notice to LESSOR and obtain a refund of prepaid unused amounts of the Base Rent, or seek injunctive or other legal relief against/from such subsequent third party users. The refund shall be LESSEE's sole and exclusive remedy and recovery as against LESSOR for any interference, and LESSEE hereby waives any other rights or remedies it may have at law or in equity against LESSOR related thereto. The parties recognize and agree that it is the intention of this Section 9 that LESSOR not become embroiled in any disputes or proceedings between LESSEE and any other users of the Property, and/or expend funds as a result thereof; therefore, LESSEE agrees to indemnify, defend, and hold harmless LESSOR against any claim related to or arising from any disputes or proceedings between LESSEE and any other users of the Property, unless any such claim arises from LESSOR's gross negligence or willful misconduct. LESSOR further agrees to include in all leases between LESSOR and future lessees of the Property a covenant that the lessee shall not interfere with other electrical or radio frequency equipment previously installed on the Property and that if the lessee is not able to mitigate the interference, the lease shall provide for termination thereof. Nothing contained in this Section 9 or elsewhere in this Lease is intended to confer any rights or remedies under, or by reason of this Lease on, or waive any claims against, or adversely affect any rights of, any person or entity other than the parties hereto.
10.0 DESTRUCTION OF PREMISES: If either the Premises or the Property is destroyed or damaged as a result of a catastrophic event to the extent that, in LESSEE's reasonable discretion, LESSEE may no longer use the Premises for the intended purposes, LESSEE may elect to either:
A. Terminate this Lease, effective upon the date of the damage or destruction, by delivering written notice within ninety (90) days of the date of the damage or destruction and a request to terminate; or
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B. Upon consent of LESSOR, which shall not be unreasonably withheld, conditioned or delayed, LESSEE may use a portion of the Property specified by LESSOR for use of a temporary wireless facility such as a cell on wheels or other temporary wireless communications facility on a temporary basis, until such time as the Facilities are repaired or reconstructed so that LESSEE can resume the provision of communication services from the Premises. If LESSEE elects to continue this Lease and in the event that LESSEE is unable to install the temporary facility in order for LESSEE to continue its operation within seven (7) business days following such catastrophic casualty event, Base Rent shall abate for the period of non-use, until LESSEE's temporary facility is operational. In any event, such rental abatement shall not exceed sixty (60) days. Any such repair or reconstruction shall be completed in an expeditious manner.
11. UTILITIES AND PROVISION OF SERVICE: LESSEE shall determine the availability of and shall, at its sole cost and expense, cause to be installed in, on, and about the Premises all facilities necessary to supply thereto all electricity, telephone, and other similar services required to service the Premises. LESSEE shall install its own electrical metering equipment and may not sub-meter from LESSOR. LESSEE shall obtain all necessary approvals for the installation of the meter. An electrical plan shall be submitted to LESSOR for approval, which approval shall not be unreasonably withheld, conditioned or delayed prior to commencement of such initial installation work. LESSOR agrees to cooperate with LESSEE in its efforts to obtain such utility service.
During the Term, LESSEE agrees to pay directly to the servicing utility when due all charges for electricity, telephone and all other utility services of every kind and nature supplied to and used by LESSEE on the Premises or for the Facilities.
12. INDEMNIFICATION AND INSURANCE:
12.1 INDEMNIFICATION: Neither LESSOR nor any other officer or employee of LESSOR shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of LESSEE or its officers or employees under or in connection with any activities under this Lease. It is also understood and agreed that to the fullest extent permitted by law, LESSEE shall indemnify, defend (with counsel reasonably acceptable to LESSOR), protect and hold harmless LESSOR and its elected officials, officers, agents and employees ("LESSOR's Parties") from and against any and all claims, demands, judgments, actions, damages, losses, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees and court costs) arising at any time directly or indirectly from or in connection with (i) any default in the performance of any obligation by LESSEE to be performed under the terms of this Lease, (ii) LESSEE's use of the Premises, or (iii) the conduct of LESSEE's business or any activity, work or things done, permitted or allowed by LESSEE in or about the Premises, except to the extent caused by LESSOR or LESSOR's Parties' sole negligence or willful misconduct. The obligations of LESSEE under this Section shall survive the expiration or earlier termination of this Lease.
12.2 ASSUMPTION OF RISK: LESSEE, as a material part of the consideration to LESSOR, hereby assumes all risk of damage to the Premises, including, without TMO / Sprint Site ID: IE04466A
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limitation, injury to persons in, upon or about the Premises during LESSEE's use of the Premises, arising from any use of the Facilities or other activities of LESSEE or LESSEE's agents, employees, guests, tenants, subtenants, licensees, contractors, or invitees (collectively "LESSEE's Parties") on the Premises. LESSEE hereby waives all claims with respect thereof against LESSOR, except as otherwise stated in this Lease. LESSOR shall not be liable for any injury to the Facilities, Premises, or injury to or death of any of LESSEE's Parties, or injury to the Facilities, or injury to or death of any other person in or about the Premises from any cause unless caused by the sole negligence or willful misconduct of the LESSOR or LESSOR's Parties.
12.3 INSURANCE:
A. Casualty Insurance: During the term of this Lease, LESSEE shall, at its sole cost and expense, keep LESSEE's interest in the Premises and the Facilities, including any improvements thereon both in the course of construction and through the remainder of any term of this Lease, insured by responsible insurance companies, authorized to do business in the State of California or self insurer, against loss or damage by fire and other such casualties as are included in extended coverage.
B. LESSEE agrees, at its sole expense, and at all times during the term of this Lease, to maintain in full force, or cause to be maintained in full force, a policy or policies of commercial general liability insurance in an amount of TWO MILLION DOLLARS ($2,000,000.00) per occurrence and
$4,000,000 general aggregate, including contractual liability, including property damage, written by one or more responsible insurance companies authorized to do business in the State of California. Such policies shall insure against liability for injury to persons and/or property and death of any person or persons that may occur as a result of or in connection with the existence of the Facilities and improvements in, on or about the Premises.
LESSEE also agrees to maintain in full force and effect Commercial Automobile Liability coverage in an amount of $1,000,000 combined single limit, each accident, covering all owned, hired and non-owned autos, and Workers' Compensation insurance as required by the state in which the work or Site is located and Employer's Liability insurance with respect to all employees, if any, engaged in the performance of work on the Premises in the amount of $1,000,000 per accident for bodily injury; $1,000,000 disease for each employee and $1,000,000 disease policy limit.
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All insurance required under this Lease shall be primary and non contributory with any insurance or License Policy of self-insurance that may be maintained by LESSOR, with respect to the negligent acts or willful misconduct of LESSEE. LESSEE shall use commercially reasonable efforts to provide at least thirty (30) days written notice to LESSOR of any change of scope or cancellation of any required coverage that is not replaced. LESSOR, its elected officials, officers, agents, authorized DocuSign Envelope ID: CBFE2EFA-C989-4C1F-ADF2-487389A690D6 Item 1R - Page 23
volunteers and employees shall be included as additional insureds under LESSEE's liability policies as their interests may appear under this Lease, and such additional insured certificate shall be provided to LESSOR prior to the commencement of any work. Concurrently with the execution of this Lease, LESSEE will provide LESSOR with a certificate(s) verifying such insurance and the terms described herein, and a blanket additional insured endorsement and shall provide proof of continuing insurance as required herein on an annual basis thereafter. LESSEE shall ensure that its contractors and any subcontractors performing any installation of the Communications Facility, including modifications to the Communications Facility as applicable or other work on the Premises, will provide substantially the same insurance as required of LESSEE in this Section 12, and shall ensure that all insurance certificates and endorsements required hereunder are provided by its contractors and subcontractors.
14. ASSIGNMENT AND SUBLEASING:
14.1 ASSIGNMENT: LESSEE shall not voluntarily assign or transfer its interest under this Lease or in the Premises without first obtaining the prior written consent of LESSOR, which consent shall be not unreasonably withheld, delayed or conditioned. LESSEE shall pay the City Five Hundred Dollars ($500.00) or such amount as the City Council may establish by resolution to (a) review and/or consent to any assignment or transfer of any of LESSEE's interests under this Lease or in the Premises or (b) to review, acknowledge, or consent to any other request of LESSEE for any other purpose. The transfer of the rights and obligations of LESSEE to a parent, subsidiary, or other affiliate of LESSEE, or to any successor in interest or entity acquiring fifty-one (51 %) or more of LESSEE's membership interests or assets, shall not be deemed an assignment and LESSOR's consent shall not be required for such transfer. Any assignment without LESSOR's consent (when such consent is required) shall be voidable and, at LESSOR's election, shall constitute cause for exercise of LESSO R's remedies under applicable law, including termination of the Lease. No consent to any assignment shall constitute a further waiver of the provisions of this Section. Notwithstanding the foregoing, it is understood that LESSEE shall not be released from liability hereunder by virtue of any assignment, except with respect to assignments that do not require consent and in which case, only the condition precedent set forth in the last sentence of this Subsection applies. As a condition precedent to any such assignment, which requires LESSOR's consent, LESSEE agrees to provide written notice to LESSOR of its intention to assign at least thirty (30) days before the proposed effective date of any such proposed assignment which notice shall include the identity of the proposed assignee, copies of the proposed assignment documentation and current financial statements of the proposed assignee. As a further condition precedent to any assignment, the assignee must assume, in writing, all ofLESSEE's obligations under this Lease.
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14.2 SUBLEASING: LESSEE shall not sublease any portion of the Premises without the prior written consent of LESSOR, which consent may be withheld, conditioned or delayed in LESSOR's sole and absolute discretion. In the event LESSOR consents to LESSEE's request to sublease the Premises, LESSEE shall, upon execution of each such sublease, pay LESSOR as additional rent fifty percent (50%) of all gross revenue received from each such sublessee ("Collocation Fee").
The Collocation Fee shall be paid in the same manner and subject to the same requirements and conditions as Base Rent. However, in no event shall the Collocation Fee be less than Fourteen Thousand Five Hundred Dollars ($14,500) per annum. This minimum amount shall be adjusted through the Term in the same manner as Base Rent. Moreover, in the event that such sublessee requires additional ground space outside of the Premises, it shall enter into a separate agreement with LESSOR to do so or this Lease may be amended to provide for such additional space. LESSOR may grant or deny such ground space expansion requests in its sole discretion, including conditioning execution of such new or amended agreements on the payment of additional rent.
14.3 COLLOCATION: LESSEE shall cooperate with future communications operators that would request collocation, as long as there is no interference to the Facilities preventing operation or resulting in an adverse impact on LESSEE's ability to operate the Facilities ..
15. NO WARRANTY: LESSEE'S RIGHT TO USE THE PREMISES AND THE PROPERTY IS STRICTLY ON AN "AS IS" BASIS WITH ALL FAULTS. LESSOR MAKES
NO REPRESENTATION OR WARRANTY OF ANY KIND AS TO THE PRESENT OR
FUTURE CONDITION OF OR SUITABILITY OF THE PROPERTY OR THE PREMISES FOR
LESSEE'S USE AND DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED
WITH RESPECT TO THE PHYSICAL, STRUCTURAL, OR ENVIRONMENTAL
CONDITION OF THE PROPERTY, AND PREMISES AND THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE IS SOLELY RESPONSIBLE FOR
INVESTIGATION AND DETERMINATION OF THE CONDITION AND SUITABILITY OF THE PROPERTY, AND PREMISES FOR LICENSEE'S INTENDED USE.
16. ENVIRONMENTAL: LESSEE and its agents, employees, or contractors subcontractors or other representatives shall not bring upon the Premises, or permit or authorize any other person or entity to bring upon the Property, including the Premises, any hazardous materials, hazardous substances, hazardous wastes, pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude oil or any fraction or derivative thereof). Notwithstanding the foregoing, LESSEE may bring such fuels and lubricants onto the Premises as may be required for operation of the Facilities and subject to the advance written consent of LESSOR, backup power for generators during, maintenance or repair of the Facilities. In addition, LESSEE may also bring onto the Premises, any lead-acid batteries, cleaning solvents, and other chemicals necessary for proper utilization and maintenance of the Facilities. In bringing any materials or substance onto, or using any materials and substances on, the Premises, LESSEE shall comply with all federal, State, and local government laws, regulations, and rules. LESSEE shall be solely responsible for any damages or costs incurred by LESSOR due to any environmental contamination, arising from TMO / Sprint Site ID: IE04466A
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the presence or use on LESSEE's behalf of any hazardous materials or substances that LESSEE, its agents, employees, contractors, subcontractors or other representatives bring onto the Premises.
17. MISCELLANEOUS:
17.1 ANTI-DISCRIMINATION: In connection with its performance under this Lease, LESSEE shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). LESSEE 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 LESSOR's lawful capacity to enter this Agreement, and in executing this Lease, LESSEE certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any LESSEE 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 LESSEE is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non discrimination in city contracting.
17.2 NO WAIVER: No covenant, term, or condition thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed. Any waiver or the breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition. Acceptance by LESSOR of performance other than full performance by LESSEE after the time the performance shall have become due shall not constitute a waiver by LESSOR of the breach or default of any covenant, term, or condition unless otherwise expressly agreed to by LESSOR in writing.
17.3 ATTORNEY'S FEES AND COSTS: If either Party hereto shall bring any action for any relief against the other, declaratory or otherwise, arising out of this Lease, including any suit by LESSOR for the recovery of rent or possession of the Premises, the prevailing Party shall be entitled to have and recover from the other Party the prevailing Party's reasonable fees and costs (including attorneys' fees), which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to a judgment.
17.4 NO JOINT VENTURE: Neither LESSOR, nor any of its employees, shall have any control over the manner, mode or means by which LESSEE, its agents or employees use the Premises or Facilities described herein, except as otherwise set forth herein. LESSOR shall have no voice in the selection, discharge, supervision TMO / Sprint Site ID: IE04466A
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or control of LESSEE's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. LESSEE shall perform all covenants herein as a tenant of LESSOR and shall remain at all times as to LESSOR a tenant with only such obligations as are consistent with that role.
LESSEE shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of LESSOR. LESSOR shall not in any way or for any purpose become or be deemed to be a partner of LESSEE in its business or otherwise or a joint venturer or a member of any joint enterprise with LESSEE.
17.5 INTERPRETATION: The Parties hereto agree that all provisions hereof are to be construed as both covenants and conditions as though the words imparting such covenants and conditions were used in each separate section hereof. The captions of the sections and subsections of this Lease are for convenience only and shall not be deemed to be relevant in resolving any questions of interpretation or construction.
17.6 INTEGRATION AND GOVERNING LAW: This Lease represents the entire understanding of LESSOR and LESSEE as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered by this Lease. This Lease shall be governed by the laws of the State of California and construed as if drafted by both LESSOR and LESSEE.
Any action, arbitration, mediation, hearing or other proceeding related to this Lease shall be conducted only in the County of Riverside.
17.7 LEASE BINDING ON HEIRS AND ASSIGNS: Each of the terms, covenants, and conditions of this Lease shall extend to, be binding upon, and inure to the benefit of not only LESSOR and LESSEE, but each of their respective heirs, representatives, administrators and assigns. Whenever in this Lease reference is made to either LESSOR or LESSEE, the reference shall be deemed to include, whenever applicable, the heirs, legal representatives, and assigns of each of the Parties, the same as if in every case expressed.
17.8 CORPORATE AUTHORITY: Each party executing this Lease on behalf of a corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with a duly adopted resolution of the Board of Directors of said corporation and that this Lease is binding upon said corporation in accordance with its terms.
17.9 NOTICES: Any written notices required pursuant to this Lease shall be made by certified or registered mail, return receipt requested, or reliable overnight courier and delivered to the following address:
To LESSOR: City of Palm Springs
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3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Clerk and City Manager
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Copy to: Attn: Jeffrey S. Ballinger, City Attorney
To LESSEE: T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attention: Lease Compliance/lE04466A
17.10 AMENDMENTS: This Lease may not be modified, altered, or amended except in writing signed by both LESSOR and LESSEE. The City assigns to the City Manager signature authority to execute future Lease amendments and extensions for periods not more than two (2) years each and provided that the City Manager shall not have the authority to approve a decrease in the rental rate without the prior approval of the City Council.
17.11 INCORPORATION OF RECITALS. The forgoing recitals to this Lease are incorporated into and shall constitute a part of this Lease.
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Elisabeth Boyer
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IN WITNESS WHEREOF, the Parties hereto have caused this Lease to be executed by their duly authorized officers.
LESSOR
THE CITY OF PALM SPRINGS
By:
Justin Clifton, City Manager
ATTEST
City Clerk
APPROVED AS TO FORM:
Jeffrey S. Ballinger, City Attorney
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LESSEE
T-Mobile West LLC
By: ~~~.~~tr
Name :
Title:
By:
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EXHIBIT A
DESCRIPTION OF THE PROPERTY
PARCEL 1:
LOT 20 OF THE PALM VALLEY COLONY LANDS. IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK
14. PAGE 652. OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A PORTION OF SECTION 19. TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN. ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT ALL URANIUM, THORIUM. AND ALL OTHER MATERIALS DETERMINED PURSUANT TO SECTION 5(b) (I) OF THE ATOMIC ENERGY ACT OF 1946 (60 Stat. 761)
TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS CONTAINED IN WHATEVER CONCENTRATION. IN DEPOSITS IN THE LANDS COVERED BY THIS INSTRUMENT FOR THE USE OF THE UNITED STATES. TOGETHER
WITH THE RIGHT OF THE UNITED STATES THROUGH ITS AUTHORIZED AGENTS OR
REPRESENTATIVES AT ANY TIME TO ENTER UPON THE LAND AND PROSPECT FOR,
MINE AND REMOVE SAME, MAKING JUST COMPENSATION FOR ANY DAMAGE OR INJURY OCCASIONED THEREBY. HOWEVER, SUCH LAND MAY BE USED, AND ANY RIGHTS OTHERWISE REQUIRED BY THIS DISPOSITION MAYBE EXERCISED. AS IF NO RESERVATION OF SUCH MATERIALS HAD BEEN MADE. ALSO EXCEPT THAT,
WHEN SUCH USE RESULTS IN THE EXTRACTION OF ANY SUCH MATERIAL FROM
THE LAND IN QUANTITIES WHICH MAYBE TRANSFERRED OR DELIVERED WITHOUT A LICENSE UNDER THE ATOMIC ENERGY ACT OF 1946. AS IT NOW
EXISTS ORMAYHEREAFTERBEAMENDED, SUCH MATERIAL SHALL BE THE
PROPERTY OF THE UNITED STATES ATOMIC ENERGY COMMISSION, AND THE
COMMISSION MAY REQUIRE DELIVERY OF SUCH MATERIAL TO IT BY ANY
POSSESSOR THEREOF AFTER SUCH MATERIAL HAS BEEN SEPARATED AS SUCH FROM THE ORES IN WHICH IT WAS CONTAINED. IF THE COMMISSION REQUIRES THE DELIVERY OF SUCH MATERIAL TO IT. IT SHALL PAY TO THE PERSON MINING OR EXTRACTING THE SAME. OR TO SUCH OTHER PERSON AS THE COMMISSION DETERMINES TO BE ENTITLED THERETO. SUCH SUMS, INCLUDING PROFITS, AS
THE COMMISSION DEEMS FAIR AND REASONABLE FOR THE DISCOVERY, MINING, DEVELOPMENT, PRODUCTION, EXTRACTION. AND OTHER SERVICES PERFORMED WITH RESPECT TO SUCH MATERIAL PRIOR TO SUCH DELIVERY. BUT SUCH
PAYMENT SHALL NOT INCLUDE ANY AMOUNT ON ACCOUNT OF THE VALUE OF SUCH MATERIAL BEFORE REMOVAL FROM ITS PLACE OF DEPOSIT IN NATURE. IF THE COMMISSION DOES NOT REQUIRE DELIVERY OF SUCH MATERIAL TO IT. THE RESERVATION HEREBY MADE SHALL BE OF NO FORTHER FORCE OR EFFECT.
PARCEL 2:
THAT PORTION OF LOTS 21, 22 AND 23 OF THE PALM VALLEY COLONY LANDS, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 14. PAGE 652. OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. BEING A PORTION OF SECTION 19.
TOWNSHIP 4 SOUTH RANGE 5 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE TMO / Sprint Site ID: IE04466A
TMO / Sprint Lease ID: 98326
55575.38175\40124483.1
DocuSign Envelope ID: CBFE2EFA-C989-4C1F-ADF2-487389A690D6 Item 1R - Page 30
NORTHEAST CORNER OF SAID LOT 21; THENCE SOUTH 00' 00' 35" WEST. ALONG THE EASTERLY LINE OF LOT 21. 1.317.77 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 89' 51' 00" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 21,344.23 FEET TO A POINT OF INTERSECTION WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN' PARCEL OF LAND SHOWN AND DELINEATED AS PARCEL 6060-144 OF RECORD OF SURVEY, CITY OF PALM SPRINGS. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. AS PER MAP ON FILE IN BOOK 57. PAGES 3 TO 16, INCLUSIVE, OF
RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 56' 58' 44" WEST EXHIBIT "Al" Page 1 of 2 ••ALONG SAID SOUTHWESTERLY LINE, 1,998.52 FEET TO THE WESTERLY LINE OF LOT 23; THENCE NORTH 0' 08' 53" EAST, ALONG SAID WESTERLY LINE. 236.10 FEET TO THE NORTHWEST CORNER OF LOT 23; THENCE SOUTH 89' 45' 51" EAST, ALONG THE NORTHERLY LINE OF SAID LOTS 21, 22 AND 23, 2,019.63 FEET TO THE POINT OF BEGINNING.
PARCEL 3:
THAT PORTION OF LOTS 11 AND 12OFTHEPALMVALLEYCOLONYLANDS,INTHE
CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE 652, OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A PORTION OF SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 11; THENCE NORTH 0' 00' 30" EAST, ALONG THE WESTERLY LINE OF SAID LOT 11,412.65 FEET TO APOINTTIIAT BEARS SOUTH 0' 00' 30" WEST, ALONG SAID WESTERLY LINE, 437.02 FEET FROM THE SOUTHEAST
CORNER OF DRUMMOND TRACT,IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 32, PAGE 94, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 53' 38' IS" EAST, 534.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VE NORTHEASTERLY, HA YING A RADIUS OF 500.00 FEET; THENCE
SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36'13' IS", 316.09 FEET TO A POINT OF CUSP WITH THE SOUTHERLY LINE OF SAID LOT 12, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 0' 08' 30" WEST; THENCE NORTH 89' 51' 30" WEST, ALONG THE SOUTHERLY LINE OF SAID LOTS 11 AND 12. 726.12 FEET TO THE POINT OF BEGINNING.
TMO / Sprint Site ID: IE04466A
TMO / Sprint Lease ID: 98326
55575.38175\40124483.1
DocuSign Envelope ID: CBFE2EFA-C989-4C1F-ADF2-487389A690D6 Item 1R - Page 31
TMO / Sprint Site ID: IE04466A
TMO / Sprint Lease ID: 98326
55575.38175 \40124483 .l
EXHIBITB
MAP OF THE PREMISES
I ,
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-44iD ~ !OR. aDC.. L 4iD! f\QIJIJ
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DocuSign Envelope ID: CBFE2EFA-C989-4C1F-ADF2-487389A690D6 Item 1R - Page 32
TMO / Sprint Site ID: IE04466A
TMO / Sprint Lease ID: 98326
55575.38175\40124483.1
EXHIBITC
PROJECT DRAWINGS
DocuSign Envelope ID: CBFE2EFA-C989-4C1F-ADF2-487389A690D6 Item 1R - Page 33
~ ·Mobile
r • ·Mobile·
®
r- PLANS PREPARED BY:
INFINIGY8
ENGINEERING, LLP
26455 RANCHO P~AY SOUTH
SITE NUMBER: IE04466A (ANCHOR/ L600 CLUBBED) CITY: PALM SPRINGS LAKE FOREST, CALIFORNIA 92630
11MECODE:•11.-.co004-C
r-CONSULTING GROUP :
SITE NAME: CM466 DEMUTH PARK COUNTY: RIVERSIDE
SITE TYPE: MONOPOLE ZONING: CITY OF PALM SPRINGS
NO.- DATE:- DESCRIPTION:- BY:-
SHEET INDEX: VICINITY MAP: A 08/07/20 go,:; co·s AF
~ I MIIllllE &i I QNGIIIICE (tWJaJ) · RAMON RO RAMON RD 0 08/13/20 100% CD'S CAM
4375 MESQUITE AVE,
-,~~:gg!w~~ ~: 1rfj ~-21:;:~>, SHEET NUMBER·
= 1 08/19/20 100% CD'S JPC PALM SPRINGS, CA 92283
T-1 TITLE SHEET
eimecm: o~EB· eRO:eEBii INEOBMAIIQN· T-2 A88RE\IIAOONS, SYMBOLS, GENERAL NOTES a: SPECIFICATIONS i!i CITY OF PALM SPRINGS OCCUPANCY CLASSIFICATION: u
~
PO BOX 2743 T'l'PE OF CONSTRUCTION: 11-B A-1 SITE PLAN PALM SPRINGS, CA 92263 ZONING: 0 - OPEN LANO A-2 ENLARGED SITE PLAN & EQUIPMENT Pl.AN ~ CONTACT: /WI C£NFE.D ASSESSORS PARCEL NUMBER; 680-020-051 PHONE: (619) 323-826~ A-3 ANTENNA SCHEDULE, (E) & {N) ANTENNA. LAYOUTS ~
•-• ARCHITECTURAL ELEVATIONS
i ~
.t.eeu= A-5 ARCHITECTURAL ELEVATIONS
T-MOBILE WEST CORPORATION
E MESQUITE AVE DINAH SHORE DR 2008 MCGAW AVE., 0-1 ARCHITECTURAL DETAILS IRVINE. CA 9261-4 0-2 ARCHITECTURAL DETAILS
~ ~
EBQ.!ECI IJESQBIEIIQH - BEDS flZDM~9ZDE! Q!.!IDQQB 'i.. ~- S-1 GENEfW... NOTES "'
THIS PROJECT INCLUDES THE MODIFICATIONS TO AN EXISTING T-M08ILE WIRELESS S-2 MOUNT MODIFICATION DETAILS GI
FACILITY, INCWOING:
i!i
ANTENNA SOW
g
111 .- SITE INFORMATION :
• REMOVE (3) (E) AIR 21_El2A_84P PANEL ANTENNA.S ( 1 PER SECTOR, 3 TOTAL) • INSTALL (3) (N) AIR5«9 8-41 MIMO PANEL ANTENNAS (1 PER SECTOR, 3 TOTAL) ~ • INSTALL (3) (N) APXVMRR18 OCTO-PORT PANEL .ANTENNA ( 1 PER SECTOR) CM466 DEMUTH PARK • INSTALL (3) (N) -4-415 825 RADIOS NEAR ANTENNAS (1 PER SECTOR) ~ • INSTALL (3) (N) -4-4-49 871+88 5 RADIOS NEAR ANTENNAS (1 PER SECTOR) *
• INSTALL (3) (N) ANTENNA MOUNT ASSEMBLY ( 1 PER SECTOR) IE04466A EQUIPMENT SOW
··~
• REMOVE (E) DARK 2106 CABINET
: :g m :~~ ~~ :: JOM 4375 MESQUITE AVE,
• INSTALL (N) 100A CB FOR 6160 CABINET PALM SPRINGS, CA 92263 • INSTALL 2•• CONDUIT FOR POWER TO NEW 6160 C>BINET ,-SEAL: • INSTALL 2•• CONDUIT FOR FIBER CONNECTION TO (E) #10 (N) CABINETS • ADD (1) 886630 FOR l.2.5 AND (1) 888848 NR 2.5 IN NEW 6160 CAl3INET • ADD ( 1) 886630 FOR N600 IN (E) 6131 CAEIINET -• ADD (1) XMU IN (E) 6131 CABINO APPROVALS: DRIVING DIRECTIONS: <o ?l'-OF ESSiO,y-1 • ADD {1) (N) iXRE ROUTER • ANCHOR DC POWER UPGRADE REQUIRED THE FOLLOWING PARTIES HEREBY APPROVE AND ACCEPT THESE DOCUMENTS AND ,!f '<-~ "'· Ktrs,_"'~~ • UPGIW)[ (E) CB FOR 6131 CABINET TO 15t\t. AUTHORIZE THE CONTRACTOR TO PROCEED WITH THE CONSTRUCTlON DESCRIBED HEREIN. DIRECTIONS FROM T-MOBILE LOCAL IRVINE OFFICE:
ALL CONSTRUCTION DOCUMENTS ARE SUBJECT TO REVIEW BY THE LOCAL BUILDING (,:i ~«} EXP: 3131121 ~ 0 DEPARTMENT ANO AHf CI-Lt.NGES ANO MODIFICATIONS THEY MAY IMPOSE. 1. HEAD NORTHEAST TOWARD MCGAW AVE. 1~~ ~1)
2. TURN LEFT ONTO JAMBOREE RD
£'RIIIL.J,JAMf ~ JlAIE 3. CONTINUE ONTO CA-261 N
-4. MERGE ONTO CA-2-41 N
LANDLORD 5. TAKE EXIT 39A TO MERGE ONTO CA-91 E TOWARD RIVERSIDE
6. TAKE EXIT 658 TO MERGE ONTO CA-60 E TOWARO 1-215 S
DEVELOP. MGR
7. CONTINUE ONTO CA- SOE/ I-215 S
~ CIVIL O~ ~ SAC /ZONING /EFRMIIIING· ABCHITECD/RAl & ENGINEEBING· 8. MERGE ONTO 1-10 E
9. TAKE EXIT 123 TOWARD PALM OR/DESERT HOT SPRINGS INFINIGY INFINIGY ENGINEERING U.P CONST. MGR 10. TURN RIGHT ONTO N GENE AUTRY TRAIL OF CALI< 26-455 RANCHO PARl<!#AY SOUTH 26455 RANCHO PKWY SOUTH 11 . TURN RIGHT ONTO E MESQUITE AVE -LAKE FOREST, CA 92530 I.AKE FOREST, CA 926JO 12. TURN LEFT CONTACT: NIC FAURE PM CONTACT: JOE CONNELL ZONING MGR 13. END AT -4375 E MESQUITE AVE. PALM SPRINGS, CA 9225-4 r- SHEET TITLE:
PHONE: (71-4) 566--4-451 PHONE: (949) 306-4550
ENGINEER: ROBERT K~NER Rf ENGINEER PHONE: (9-49) 753-8807
OPERATIONS TITLE SHEET
SAC REP. APPLICABLE CODES e!.111 Cll~G @12£ BEEE!UK.E·
UTILITIES • ALL WORK IS TO COMPLY WITH THE 2019 CALIFORNIA BUILDING CODE (CBC) [·-T-1 I
• ANSI/TIA-222-H
• 607 COMMERCIAL BUILDING GROUNDING AND BONDING REQUIREMENTS FOR TELECOMMUNICATIONS • AISC - CONSTRUCTION MANUAL. 9TH romoN OR LATER.
• CEC {CALIFORNIA ELECTRICAL CODE) 2019
• CFC (CALIFORNIA RRE CODE) 2019 - 2018 IFC
DocuSign Envelope ID: CBFE2EFA-C989-4C1F-ADF2-487389A690D6 Item 1R - Page 34
-AB ANCHOR BOLT
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1. THESE NOTES SHALL 8E CONSIDERED A PART OF Tl£ WRITTEN SPECIFICATIONS.
2. THE CON'T1W:TM SIW..L tKlTFY AA0-IITECT/ENGINEER OF' H« ERRORS.
OMISSIONS, OR OISCREPANCIES AS THEY ..-,y BE ~EO IN THE PLANS.
SPECIF1CATIONS, & NOTES PRIOR TO STMDI G CONsmucnoN. INCLUOING BUT NOT LIMITED 8Y DEMOUTKIH. THE CONTRACTOR StW.l. BE RESPONSlll.E FOR CORRECT..c H« ERRORS, OltllSSl)N, OR INCONSISTENCY .-nER THE STAR!" or CONSTRUCTION WHICH ~ NOT BEEN 8ROUGHT TO THE ATTENTION OF THE M<HTEGT/ENG1£ER .AHO SHALL NCUR AIN EXPENSES TO RECTIFY THE SITIJATU)N, n£ MEl'HOO OF CORREC110N StW.L BE APPR0'vUl IJ'I' THE ARCHITECT/ENGINEER,
3. PRIOR TO STARTING CONSTRUCTION THE CONTRACTOR ~ THE RESPONSIBI..ITY TO I..OCATE ALL EXISTING UTILITIES. WHETHER OR NOT SHOWN ON TiiE Pl.ANS, N«> TO PROTECT THEM f'ROU DAW.GE, Tl£ CONTRACTOR OR SUBalNTRACTOR SHAU. 8£AA THE EXPENSE OF ~ING OR REPI.ACING H« OAW.GE TO THE UTILITIES CAUSED 0~ THE EXECUTION OF THE WOflK.
4. A COPY OF THE APPRO-IED PU.NS SI-W.L BE KEPT IN A PUCE SPECF1EO SY THE OOIERNING AGENCY, ANO SY l>iW Stw.t. BE AVAllM!LE FOR INSPECTION AT ALL TIMES. IT IS THE ~ RESPONSIBI..JTY TO ENSURE ALL CONSTRUCTION SEfS REFLECT THE SN.IE INFOR..-.TION AS ntE N'PRC7vUl PUNS. THE CONTRACTOR SHALL M.SO MAINTMN ONE SET Of PLANS AT THE SITE F'OR THE PURPOSE OF OOCUMENTING AU. AS-BUILT OIANGES, RE'VtSIONS. MJOENOUM'S, OR CIWIGE OROERS. THE OONTRACTOR SIW.l. f'ORWARD ntE AS-BUILT DRAWINGS TO ntE ARCI-ITECT/ENGINEER AT THE CONCLUSION Of THE PROJECT,
~. ntE CON'T1W:TM SIW..L BE RESPONSIBLE FOR THE COMPLETE SECURITY Of Tl£ SITE FROM START OF PROJECT TO COt.lPLEIION OF PROJECT.
II. THE CONTRACTOR IS RESPONSIBLE TO PROVl'.lE TEMPORARY POY£R, WATER, AHO TOILETF'.-CIUTIES.
7. All CONSTRUCTDI THROUGH THE PROJECT SHALL C<H'ORM TO THE 2019 C8C .AHO ALL OTHER G().€RNING CODES.
8. ntE CQHTR.ICTOR SIW.L BE RESPONSIBLE FOR COMPL"1NG WITH ALL SAFETY PRECNJTIONS .AHO REGUlATIONS ~ING THE WORK. THE ENGINEER WIU. NOT llMSE ON NOR PROVIOE DIRECTION AS TO SAFETY PRECAUTIONS AHO PROGRAMS.
9. ntE CONTRACTOR SIW..L SUPERVISE .AHO COOROINATE ALL WORK. USING HIS PROFE'SSIOW.L KNOWLEOGC AND SKIUS. HE IS SOL.ELY RCSPONSlll.E FOR ALL CONSTRUCTION MUHS, METHOOS. TECI-NOL.6, PROCEDURES At() SEQUENCING At() COORDINATING AU. POR'OONS OF THE WORK.
10. THE CONTRACTOR SIW.l. BE RESPONSIEI..£ TO oer .... N«> PAY FOR ALL PCRlilTS. LICENSES ANO ltlSPECTIClHS WITH RESPECT TO TI£ WORK TO COMPLETE n£ PROJECT. BUII.OING PERMIT APPUCATIOMS SIW.l. BE F1LEO 8Y THE OWNER OR HIS REPRE'SENTATM:. CONTAACTOR S1-W.L OBTAIN THE PERMIT #.:I MAl<E FINM.
PAYMENT OF SAIO OOCUMENT.
11. All DIMENSIONS TAJCE PRECEDENCE CMR SCALE UN..ESS OTHERWISE NOTED.
12. TI£ CONTRACTOR SIW.l. PRO'o'IOE ALL NECCSSAR'I' BLOCKING, 8'CKING.
FRAMING, H.AHGERS OR SUPPOm'S FOR INSTALLATION CF ITEMS INOICATEO ON ntE DRAWINGS.
13. THE CONTRACTOR SHALL PR0',10£ THE F1RE MARSHALL Af'PRCMO ..-.TERW.S TO FU/SEAL PENEl'RATIONS Tl«OUGH FRE RATED ASSEMBLES,
14. NEW CONSTRUCTION ADDEO TO EXISTING COMSTRUCTION SIW.l. BE ..-.TCHEO IN FORM. TEXTURE, MATERIAL .AHO PAINT COU)R EXCEPT AS NOTEO IN THE PLANS. 1~'11ffERESPECIFlEO,..-,TERW..STESTN.SHAU.BETOTHEU.TESTSTANDARDS AVAlua..E AS REOUIREO 8Y THE LOCAL GOVERNING .-.cENCY RESPONSIBLE FOR RECORDING THE RESULTS.
16. ALL GENERAL t«>TES ANO ST.AHOARO DETAILS ARE THE MINIMUM REQUIREMENTS TO BE USED IN CONDITIONS WHICH ARE NOT SPECIFICALLY SHOWN OTHERWISE. 17, ALL DEBRIS N«) REFUGE IS TO BE REMO'vUl FRON THE PROJECT OAI.Y.
PREMISES StWJ. BE LEf'T IN A a..EAH BROOM FINISHEO CONDITION AT ALL TIMES.
18. ALL SYt.lKllS AHO ABIIRE.WiTIONS ARE aJHSlllEREO CONSTRUCTION INDUSTRY ST.AHOAROS. IF A CCHTRACTOR HAS A OUESTION REGARDING ntEIR EX,lrCT MEANING THE ARCHITECT/ENGINEER SHALL BC NOTIF1EO FOR CLAAIFICATIONS.
19. THE ENGINEER SHALL NOT BE RESPONSIEI..E FOR THE METHOOS, TECHNIQUES .AHO SEQUENCES Of PROCEDURES TO PERFORM THE WORK. THE SUPERVISION OF THE "M:lRI< IS ntE SOLE RESPONSIBIUTY Of THE CONTRACTOR,
20. CONTRACTORS SHALL 'otSIT THE SITE PRIOR TO BID TO ASCERT.-..i CONOITIONS WHICH MAY ADVERSELY NFECT THE WORK OR COST THERCOf,
OF THE AACHITECT/ ENGINEER.
22. ALL EXISTING ACTIVE SEWER. WATER, GAS, ELECTRIC, .AHO OTHER UTILITD WHERE ENCOUNTERED IN THE WOflK. SHAU. BE PROTECTEO AT ALL TIMES, ANO
WHERE REQUIRED FOR THE PROPER EXECUTION OF THE WORK, SHALL BE REL.OCATEO AS DIRECTED SY ENGINEERS. EXTREME CAUTION SHOULD 8E USED SY THE CONTRACTOR WHEN EXCAVATING OR PIER DRll..l..tfG AROUND OR NEAR UTUTIES. 10 OTHER UTIUT1ES,
L BE REMO'JED AHO
AT POINTS WHICH WU
TO TiiE APPROVAL
24. NO CHNa'.S ARE TO BE MADE TO THESE PUNS WITHOUT TI£ KN0WLE0GE .AHO WRITTEN CONSENT OF THE AACNTECT/ ENGINEER. UNAUTHORIZED cw.NGES RENDER THESE DRAWINGS VOID •
25. /ll¥f REFERENCE TO THE WORDS N>PRO-IED, OR APPROVAL IN THESE
OOCUMENTS SHALL BE HERE OEF'INEO TO MEAN GENERAL ACCEPTANCE OR REVIEW .AHO SHALL NOT REUM THE CONTRACTOR AND/OR lfS SUB-C0NTR>CTORS OF H« uaJ1Y IN MNISHING THE REQUIRED MATERW.S OR lAEIOR SPECIFlEO.
26. IT SIW.l. BE THE RESPONSIBIUTY OF ntE CON"TR.-cTOR TO I..OCATE ALL EXISTING UTUTIES WHETHER SHOWN HEREON OR NOT, .AHO TO PROTECT THEM FROMIWMGE..Tl£CONTRACTORSIW.l.llDRALLEXPENSEOFREPAIROR
REPLACEMENT IN OONJUNCTION WITH THE EXECtJTION OF ntlS WORK. 10. GENERAL CONTRACTOR StuU NOTIFY THE ENGINEER N«J AACHITECT INIIEO~TELY OF NH DISCREPNICIES F'OlMD WITHIN THE CONTRACT 000.JMENTS, PRIOR TO STARTING ... ,.
$[[[ PREPARATION NOTES·
1. THE PREPARATION OF THE SITE FOR CONSTRUCTION SHALL INCLUDE THE RfMOVAI. (:I ALL BROKEN CONCRrn, TRrf TRlt<ll<S .AHO 1'ltt OTHfR 0f8RIS THAT WOULD BE DWAGING TO THE f'OOTINGS OF n£ NEW STRUCTURE.
2. BACI< F1L.LING AT TRENCHES ~ BE OF' Cl..£Nf. SlERILE SOIL HAVING A SAND EOUIVM..ENT CF 30 OR GREATER. MCI< FWNG SIW.l. BE OONE IN II INCH lAYERS.
MOISTURE CONOITIONEO ANO PROPERLY COMPACTED. AOEOUATE ORMW;E SHALL BE PROVIOEO SUCH THAT NO PONDNG OCCURS.
3. ALL FOIJtO.TION roDTINGS SHALL EXTENO INTO ANO BEAR AGANST tM.TURAL lt<IOISTUR8EO SOIL OR APPRCNEO COMPACTED F1U.. FOOTINGS SHAU. EXTEND INTO SOIL DEPTH AS INDICATED IN PI..AHS.
4. SHOULD H« LOOSE FILL EXP.AHSM: SOIL. GROUND WATER OR H« OTHER lt<IEXPECTEO CONOITIONS BE E~REO 01.JRNG THE EXCAVATION FOR THE NEW FOIMOATION, TI£ ~HITECT/ENGINEER SHAU. BC NOTIF1EO .AHO M.t. FOUNDATION WORK SIW.l. CEASE MMEOIATELY.
~. WITHIN .AH AREA A MINll,IIJM CF , FEEi' BEYOND lHE BUI.DING LIMITS, EXCAVATE A MH liU,I OF 4• or EXISTING SOL REMM All ORGANICS. PAVEMENT, ROOTS, OEBRIS .AHO OlHERWISE UNSUTABLE MATERW..
8. THE SURFACE OF THE EXPOSED Sl,&;RIDE SHAil. BE INSPECTED BY PROBING OR TESTING TO CHECK f'OR POCl<ETS OF SOFT OR UNSUITABLE MATERIAL EXCAVATE lt<ISUIT.-a.E SOIL AS DIRECTED 8Y THE GEOTECHNICAL ENGINEER,/TESTf,IG AGENCY,
7. PROOFRa..L THE SURFACE OF THE EXPOSED SUBGIW>E WITH A I..OAOED TAtl>EM AXLE DUMP TRUCK. REMCM: AU. SOI..S WHICH PUMP OR 00 NOT COMPACT f>Ra"ERLY AS DIRECTED 8Y THE GEOTECINCAL ENGINEER/TESTING AGENCY.
8. FllALLEXCAVATEDARt>S.WITH~CONTROLl.EDF1U.. PI.ACE IN 8" t.OOSE LIFTS AND THE IIIAXIMUM ORY DENSITY IN .lCCORONICE WITH ASTM D-11911.
COMPACT TO A .. NMUM OF ~ RElATM COMPAGTION
9. THE STRUCTURAL ORAWNGS HERE IN REPRESENT lHE F1NISHEO STRUCTURE. Tl-£ CONTRACTOR SHAU. PRQIIIOE ALL TEMPORIRI' GUYING ANO BR.-clNG REOUIREO TO ERECT N«> HOl.O THE STRUC1\JRE IN PROPER AUGNMENT llNTIL ALL STRUCTURAL WORK AND CONNECTIOHS HAVE BEEN COMPL£1'ED. THE IN'4'STIGATION. DESIGN.
WID, ADEQUACY #10 INSPECTION OF ERCCT10N BRACING, SHORNG, TEMPORARY SUPPORTS, ETC. IS THE SOLE RCSPONSIBIUTY ~ THE COflRACTOR. 11 . WHEN REOUIREO STORAGE OF ..-.TERLALS OCCURS, THEY SHAU. BE EVENLY OISTRIBIJTEO OVER ntE FLOOR OR ROOF SO AS NOT TO EXCEED ntE DESIGNED lNE I..OAOS FOR THE STRUCTURE. TEMPORARY SHORING OR BRACING SHAU BE
PROVIDEO WHERE THE STRUCTURE OR SOIL HAS NOT ATTNNEO THE DESIGN STRENGTH FOR THE CONDITIONS PRESENT.
12. BEFORE PAOCEEONl WITH /il¥f WORK WmtN ntE EXISTING FACILITY, THE CONTRACTOR SHAU. FAMILWIIZE HIMSELF' WITH EXISTING STRUCTURAL ANO OTHER ~
L BE THE CONTRACTOR'S RESPONSIBIUTY TO PROW)[ AU.
, SHORING N«J OTHER s..nGUARDS TO MMNTNN ALL PARTS OF
IN A SAFE CONOITION OURING Tl£ PROCESS OF DEMOLITION
AND TO PROTECT FRON DAMAGE THOSE PORTIONS OF ntE
ARE TO REWJN.
SUBMITTALS: SU8MITTALS FOR SHOP DRAWINGS, MIU. TESTS, PRQOUCT DATA, ETC.
FOR ITEMS DESIGNED SY TI£ ARCHITECT/ ENGINEER CF RECORD SHALL EiC IMO£ TO Tl£ MOIITECT/[NGINEER PRIOR TO CONSTRUCTION. lHE COtmW:TOR SHALL REVEW ntE SUBMITTAL BEFORE FORWARDING TO THE ARClflECT. Sll:IMITTAI.S SIW.l.
BE MADE IN /llNNa.D TO ARCHITECT-ENGINEER. SUIIMITTALS REOUfm) FOR EACH S£CTION OF THESE NOTES ARE SPCCIFEO IN THAT SECTION •
FOR CONFIRMING
.AHO CORRELATING AU. OL&,t.NTmES N«J OIMENSIONS, FOR SELECT10N FABRICATION PROCESSES.
ACCESSIBILITY NOTE·
ntE TELECOMWUNICATIOHS EOUIPMENT SPACE SHOWN t£REON Tt£SE Pl.ANS IS NOT CUSTOMARILY OCCUPIED. WORI< TO 8E PERFORMEO IN THIS F.-CIUl'I' C'MNOT REASON.-slY E1E PERFORMED BY PERSONS WITH A SEVERE IMPAIRMENT: MOEIH.ITY, SIGHT, .AHO/OR HEARING. THEREFORE, PER 2019 CAI..FORNIA BUILDING CODE SECTION 11038.1 EXCEPTION 1, THIS FACILITY SHM.L BE EXEMPTED FROM M.t. TTTlE 24 ACCESS REQUIREMENTS.
BID WAI K NOTFS·
1. CONTRACTOR TO F1ELO \'ERIFY ALL EXISTING CONSTRUCTION CONOITIONS 8EF'ORE SUBMITTAL OF F1NAL 810S, START OF CONSTRUCTION .AHO/OR FABRICATION. AFTER THOROUGHLY EX,WHNG THE PLANS .AHO EXISTING SITE CONDITIONS NOTIFY THE ENGINEER IN WRmNG Of AH'f OMISIONS/OISCREP.AHCIES, OR NfY ll'DtS NEEDING CLARIF1CATION PRIOR TO SU8M~ F1W. BIDS.
2. fF THE ENGINEER IS NOT NOTIFEO OF AH'f OMISIONS/OISCREPANCIES OR CLARIF1CATIONS IN WRITING AS DCSCRIIEO IN fl IT WILL 8E CONF1RMEO ~T THE CONTRACTOR HAS CONSIDEREO ALL ITEMS THAT Will. AFFECT THE COST OF THE CONSTRUCTION OF lHE SITE UNDER THE MOST STRINGENT CONOO'IONS. THE CONTRACTOR WIU. NOT BE OOTl1.EO TO .AHY .-OOITIONAL COMPENSAOON AFTER mw. BIOS HAVE BEEN SUBMITTED .AHO AWAROEO FROM CARRIER.
At()WORl<MANSHIPStWJ.8EIN~EWITHTt£LATEST
OF THE A1SC ~ Of STEEL CONSTRUCTION, WHCH INCUJIXS
FOR STRUCTURAL STEEL BUI.DINGS. THE COOE Of STAtllAAO
AWS STRUCTURAL WELDING CODE. IJENTIFY AND MMk STEEL
2. STRUCT\JRAL ma SHOP DR.AlfflGS SI-W..l BE REVIEWED BY THE ENGINEER/AACHITECT PRIOR TO FABRICATION.
3, GROUTING OF COLUMN S,.SC PLATES: l!ASE PlATES SHALL BE ORYPACl<EO OR GROUTED WITH NON-SHRINK, NON-FERROUS GROUT. MINIMUM COMPRESSIVE STRENGTH SHALL BE 4,000 PSI AT 28 DAYS. ALL SURF'.tCES SHAU. BE PROPERLY CLDNEO Of FOREIGN ..-.TERIAL PRIOR TO GROUTING.
4. ALL EXPOSED WELDS SIW.l. BE Fill.ED ANO GROUND SMOOTH WHERE METAL COULD COME IN CONTACT WITH THE PU8UC.
OETAI.EO SHALL BE ALLOWED ntRU
U CONF'ORM TO AISC
llNLESS OTHERWISE NOTED. NO
IU. BE PERMITTED WITHOUT PRIOR
(I. WELDING: CONFORM TO AWS 01 1. -.UOERS StWJ. BE CERllFEO IN ACCOROlHCE WITH WASO RCOUIREMENTS. USE E70 ELECTRODES OF T'IPE RCOUIREO FOR ..-.TERIH..S TO BE WELDED.
7. BOLTING:
AShl "307 BOLTS SHALL BE INSTALLED "SNUG TN.Hr PER AISC. SECTK>N RCSC 6(C) ASTM "325 801.TS SHALL CONFORM TO THE RCSC SPECfFICATION SECTION 8 (D).
l!I. FABRICATION: OON"ORM TO AISC SPECIFICATION SEC M2 "FABRICATION" ANO AISC COOE SEC 6 "FABRICATION AND DEI.NERv- PERFORM WORK ON PREMISES OF A FABRICATOR N'PRO'<U> SY THE BUI.DING OFF1CIAL.
9. GALV.AHIZflG: ALL EXPOSEO STEEL OUTSIOE THE BUILDING EN\IEL.OPE SIW.l. BE HOT-OIPPEO GALVMtZEO. APPLY F1ELD TOUCH-UPS PER SPECIFICATIONS. PER ASTM A153 •
STRUCTURAL STEEL·
..-.TERIALS: CONFORMTO
.AHCHOR act.TS {HOOEO):
.AHCHOR BOLT'S (J-'M'Q :
~~Pl.ATES:
C-, M-, .ANO ANGLE SHAPES:
"'""''" ..,,.,.,.
"'"""' "'".,,,, ..,,..,.
DEFORIIEO WELDED WIRE FABRIC: ASTM "497
EPOXY & EXPANSION ANCHORS: HLTI OR EQUIVALENT
GROUT: EMBECO OR EOUIVAI..ENT
HIGH-STRENGTH BOLTS: ASTM AJ25SC OR (AJ25N)
OTHER STRUCT\JRAL SHAPES: ASTM A36
REINFORCING BARS: ASTM 1.1115. GRADE 60, OO"ORMEO 8MS
SMOOTH WEL0E0 WIRE FABRIC: ASTl,I Al ~
STRUCTURAL WF SHAPES: ASTM 1'072-GR,O
STEELPFE; ASTMAOJ.,GRADEB
TIE WIRE: 111.5 GAGE OR HEAVER. 81..ACK .AHNEALEO
ME ma & PIPE COLUMNS: ASTM A500, GRADE B
WELDING ELECTROIXS: E70XX
W - SHAPES: ASTM "992 , GRADE 50
STRI ICTIIFW SIEEI NOT£$·
1. HOLES IN STEEL SHALL BE DRILLED OR PUNCHEO. ALL SLOTTED HOLES stW.L BE PRCMOED WITH SMOOTH EDGES. ~NING OF HOLES NID TORCH CUTTING AT
THE SITE IS NOT PERMITTED,
2. AU. f'RNolNG CONNECTORS SUCH AS CONCRET! .-HCHORS, HOlD--DCMNS, POST 8'.SES , FRN.IING CAl"S, HANGER N«J OTHER MISCD..lANEOUS STRucnJRAL METALS SIW.l. BE AS M.INL.lf'ACTUREO SY SMPSON STRONG TIE CO. OR APPROVEO EOLW- ~ ··Mobile·
PLANS PREPARED BY:
INFINIGY8
ENGINEERING, LLP
26455 RANCHO PARK!NAY SOUTH
LAKE FOREST, CALIFORNIA 92630
CONSULTING GROUP:
":1:S~~/201 go" co·s
0 108/13/201 100% CD'S
1 108/ 19/201 100% CD'S
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CAM
JPC
CM466 DEMUTH PARK
SEAL:
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4375 MESQUITE AVE,
PALM SPRINGS, CA 92263
ABBREVIATIONS,
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PLANS PREPARED BY:
INFINIGY8
ENGINEERING, LLP
26455 RANCHO P~AY SOUTH
LAKE FOREST , CALIFORNIA 92630
CONSULTING GROUP:
NO.
A
0 I 08/13/20 I 100% CO'S
1 108/ 19/201 100% CO'S
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26455 RANCHO PARKWAY SOUTH
LAKE FOREST, CALIFORNIA 92630
CONSULTING GROUP:
N:I!~: /20 I go,; co·s
o 108/13/201 100% CD'S
1 108/ 19/201 100% CD'S
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AF
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JPC
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PALM SPRINGS, CA 92263
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PLANS PREPARED BY:
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26455 RANCHO PARl<.YiAY SOUTH
LAKE FOREST, CALIFORNIA 92630
CONSULTING GROUP:
N:1!~: / 20 I 90~ CD'S
O I 08/13/20 I 100% CO'S
1 I 08/ 19/20 I 1oox co·s
SITE INFORMATION:
AF
CAM
JPC
CM466 DEMUTH PARK
IE04466A
4375 MESQURE AVE,
PALM SPRINGS, CA 92253
SEAL:
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INFINIGY8
ENGINEERING, LLP
26455 RANCHO PARl<.YiAY SOUTH
LAKE FOREST, CALIFORNIA 92630
TIMECOOE:•11.-..coo(M.C
CONSULTING GROUP:
II
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08/07/20 go,r; co·s AF
0 08/13/20 100% CD'S CAM
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CONSULTING GROUP:
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26455 RANCHO PARKWAY SOUTH
LAKE FOREST, CALIFORNIA 92630
r- CONSULTING GROUP:
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1 I0B/19/201 100% CD'S JPC
r- SITE INFORMATION:
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PALM SPRINGS, CA 92263
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GENERAL NOTES;
1. THESE DOCUMENTS WERE DESIGt£D IN ACCORDANCE WITH THE LATEST VB9JN Of APPl.JCABlE I.OCAL/STA1£/COIJNTY/CnY BUlDING COO£S, AS WEU. AS ANSI/IIA-222 STANOAAO, --01()() STANMRO, NDS, f£C, MS.JC, AND/OR THE l.AT[ST VERSION OF THE NTERNATlONAL BUILDING CODE.
UNLESS NOTED OTHERWISE IN 1tE CORRESPON:>ING STRUCTURAL REPORT.
2. ALL CONSTRUCTlON MEJHOOS SHOULD FOLLOW STNllAAOS OF GOOD CONSTRUCTION PRAC1lCE.
3. ALL WORK INDICATED ON THESE DRAWINGS SHALL BE PERf'ORMED BY QUAUFED CONTRACTORS EXPERIENCED N SIMILIR CONSIRIJCT10N.
4. ALL t£W MJRK SHALL ACCCMMOMTE EXISTlNG CONJITlONS. IF 08STRUCT10NS ARE FOUNO, CONmACTOR Stw.1 NOTIFY EtGlr£ER OF RECORD PRIOR TO CONTINUING WCRC.
5. Nl'f CHAf.CES OR >OOITIONS MUST CONf'ORM TO THE REQUIREMENTS Of THESE NOTES AND SPEORCATIONS, AND SHOULD BE SIMILAR 10 THOSE SHOWN. ALL CHANGES OR ADOITIONS SHALL BE Sl.BIITTED TO THE ENGINEER OF RECORD FOR REVEW AND IPPRWAL PRIOR TO FAEIRICATlON ANO/OR CONSTRUCllON.
6. THE CONTR.tCTM IS RESPONSR.E FOR 1tE DESIGN ANO EXECUTION Of Ml. MISCWANEOUS ~G. BRACING, TEMPORARY SUPPORTS. ETC. NECESSARY 10 PRCN[)( A COMPL£TE AND STABLE STRUCTURE DURING CCNSTRUCTION. TIA-1019-A-2011 IS AN APPRCPRIATE REFERENCE FOR THOSE DESIGNS MEETING ™, STANDARDS. 1tE ENGINEER OF RECORD MAY PRO\,U)E FORMAL RIGGING PLANS AT 1tE REQUEST AND EXPENSE OF THE CONTMCTOR.
7. INSTALLATION StWJ. NOT INTERFERE NOR DENY AOEQUt.TE ACCESS 10 OR FROM Mf EXISTING OR PROPOSED OPERATIONAL N<J SAFETY EQUFMENT.
8. CONTRACTOR Stw.1 REl.D VERFY AU. DIMENSIONS PRIOR TO NI'( Fl6RICAT1CW. CONTACT INRNIGY ENGINEERING IF Nff OISCREPANCIES EXIST.
SJIA CONSIB\!CilQN NAifS·
1. STRUCTURAL STEEL SHAl.1 CONFORM 10 THE AB:. MANUAL OF STEEL CONSTRUCIDN 14TH EDITJON, FOR THE DESIGN ANO FABRICAOON OF STEEL COMPONENTS.
2. ALL REI.D M SURFACES, Ra.D DRILLED HOLES. N<J GROUND SURFACES WI-ERE EXISTING PANT OR GALVANIZATION REMOVAL WAS REQUIRED stW.l. BE REPAIRED Y«TH (2) BRUSHED co.\TS OF ZRC GAl..'¥1UTE COLD GALVANIZING COMPOUND PER ASTM A780 ANO IMNUFACTtRRS' RECOMlrENDATIONS.
3. ALL RELD DRILLED HOLES TO BE USED FOR FED BOLTNG INSTALLATION StWJ. BE STAN~ HOLES. ,S DEFINED BY NSC, ltllESS N01ED OTHERWISE.
4. ALL EX1tRIOR STEEL WORK SHAU. BE GALVANIZED Ill ACCORDANCE WITH A.STM A123.
S. ALL STEEL IEMBERS AND CONNECTK>NS SHALL MEET THE FOU.OMNG GR.US:
ANGLES, OWINB.S, Pt.JilES .tND BARS TO BE A36. Fy-36 KSI, U.N.O.
W SHAPES TO BE A992. Fy-SO KSI, U.N.O.
RECTN-IGULM HSS TO BE A500, GRADE B. FY=46 KSI, U.N.O.
ROUND HSS TO BE ASOO, GRADE B. FY=42 KSI, U.N.O.
STEEL PFE TO BE A53, GRADE B. Fy-35 KSI, U.N.O.
EK)LTS lO BE A325-X. Fu=120 KSI, U.N.0.
U-BCl.TS AND LAG SCREWS 10 BE A307 GR A. Fu•60 KSI, U.N.O.
6. ALL WEl.OING SHALL BE DONE USING E70XX ELECTRODES, U.N.O.
7. ALL WELDING StW.l. C0hFCRI TO AISC AND N/fS D1.1 LATEST EDITlON,
8. ALL HILTI ANCHORS 10 BE CMBON Sim.. U.N.O.
• liECl·WHC'A. ANCHORS: KW1K BOLT-TZ, U.N.O.
• QIU BLOCK ANCHORS: .otESM: - HY120, U.N.O.
• CONCRErE NIQ-fORS: ADHESM - H'f150, U.N.O.
• CONCRErE REBAR: ADI-ESl'YE - RESOO, U.N.O.
9. All STUDS TO BE NEISON CN'ACIIOR ~SCHARGE 1/4"-20 LOW CARBON Sim COPPER-FIASH AT 55 KSI ULT/SO KSI ~ELD. U.N.O.
10. Ell.TS SI-W.L BE TIGHTENED TO A "SNOO TlGHl"' CONOITlON ,S DEFINED BY AISC.
11. lilNMUM EDGE DISTANCES SHAU. CQt,FQRM TO NS:. TABLE JJ.4.
12. RD10V,ll/REPU,CEMENT ~ STRUCT\IRAI. MEMBERS SHAl1 BE DONE ONE MEMBER AT A TIME.
CONTRACTOR IS RESPONSIBLE FOR ENSU<NG 11£ STRUCT\IRAI. INTECRRY or 11£ STRtJCru<E ~NG ALL PW.SES OF CONSTRUCTION.
CQNC80I CQNSIRI ICTIQN NOTfS·
1. CONCRETE lO BE 4000 PSI O 28 c».YS. REINFORCING eAR TO CONFORM lO ASTM M15 GRADE 60 SP£CIFIC'ATIONS. CONCRETE NSTALLAOON TO CONFORM TO NJ-318 BUILDING REQUIREMENTS FOR RONFORCED CONCRETE. ALL CONCRETE TO BE PLACED JGt.lNST UNDISTURBED EARTH FREE OF WAlER N<J ALL FOREIGN OBJECTS ANO MAlERW.S. A MINIMUM OF THREE INCHES OF CONCRETE SHAU.
COVER AU. REINFORCEMOO. WELDING Of REBAR IS NOT PERMITTED.
2. EXISTING CONCRETE 51..RFACES m.T ARE TO BE Ill CONTACT WITH NEW PROPOSED eot«::RETE St«)IJLD BE wm: ERUSHEO CLEAN .tNO TR£ATED WITH APPROPRIATE MECWNIC'>l. SCRATCH CO\T .tND REPAIR WAlERW.S OR APPROPRIATE CI-EMICAL METHODS SUCH AS THE APPUCA110N OF A BON)ING AGENT, EX. 5'KRE1E OR EQUIVALENT, TO ENSURE A QUAlJ1Y BONO BEIWEEN EXISTING ANO PROPOSED CONCREIE SURFACES.
EffB BONfORCFD POI YNER (EBP} No:JCi·
1, f'RP PlATES. SHAPES. BOLTS ANO NUTS (STUD/NUT ASSEMBLES) SHAil CONFORM TO AS1II 06J8, 695, 790. PLATES AND SHAPES TO BE FY • 5.35 KSI LW (SAFETY FACTOR OF 8), .945 KSI tw (SAFEIY FACTOR or 8) MIN.
2. IF AEl.D FABRICATION IS REQUIRED, AU. cur EDGES M«J DRIUED HOLES TO BE SEALED USING VINYL ESTER S£ALNG KIT SUPPLIED BY THE MANUFACTURER.
3. All FASTENERS TO BE 1/2" DIA f'RP THROOED ROO WIIH ABER RE11f'ORCED Tl£RMOPlAS11C NUT, SPACED AT 12 INCHES ON CENTER MAXIMLII, U.N.O., FOR PANB.S AN) ,S DESIGNED FOR STRUCTURAL MEMBERS.
4. THE COLOR ANO SURFACE PATTERN OF EXPOSED FRP PANELS SI-W.l. MATCH THE EXTERIOR OF THE EXISTING BUILDING, U.N.O.
5. STUD/NUT ASSEMll.ES SHOll.D BE LUBRICATED FOR INSTALLAOON &. ENSlRE BEARING SURFACES OF THE NUTS AAE PARM.LB. lO 1tE SURFACES BONG FASTENED.
7. TORQUE BOLTS ACCDROING TO THE FOUOW1NG TABLE:
INSTALIATION TORQUE TABLE
51lE 11.lllATE 1UGJE
--
S1R£Nll1H INSTAU.AllCJI 10RQlE
3/8-16 UNC 8 FT-LBS 4 FT-LBS
1/2-13 UNC 16 FT-LBS 8 FT-LBS
5/8-11 UNC JO FT-ISS 16 FT-LBS
3/4-10 UNC 50 FT-ISS 24 FT-I.BS
1-8 UNC 110 FT-LBS 50 FT-ISS
8. 'M-IEN 11GHTENING FRP STUD/NUT ASSDIBUES, WRENCHES MUST WE FULL CONTACT Y«TH ALL NUT EDGES. A ST.tNDARO SIX PONT SOCKET IS RECOMMENDED.
9. STUD/NUT ASSEMll.ES SHOULD BE BONDED BY APPL.YlfG BONDNG AGENT TO ENTlRE NUT AND EXPOSED STUD.
10. All f'RP MArn<IAI.S TO BE P1l0'11DED BY ABERGRA1£ COMPOSll'E STRUCT\IRES. 1lAUAS 11(, ORAPPA<MDE'llUAL.
11 . ALL FRP SHAPES TO BE DYtW'ORM PULTRUDED STRllCT\M. SHAPES.
12. ALL FRP Pl.ATES TO BE RBERPLATE MOLDED FRP Pt.ATE.
13. ALL FRP PAt£1.S lO BE ABERPLATE CLADOING PANEL
14. E'ACH f'RP PANEL TO BE llENTIFEO W11H LIRR#25536 ANO ABERGRA1£ COll'OS1TE STRUCT\IRAI.
WIEL
15. FRP MA.TERW.. TO BE CLASSIRED AS CCI OR BETTER, IHl HA.VE MAXIMUM FLN,tE SPRE:AO ~ SO.
16. ALL DEStGN ANO CONSTRUCTION TO BE COMPL£1ED IN ACCOROANCE WITH LOS ANGa.ES RES£ARQ-I REPORT RR25536, DATED FEBRUARY 1, 2016.
17. SPECIAi.. INSPEC'IIONS MUST BE PRCMCE> FOR ALL FRP INSTALLMENTS. SEE SPECW.. INSPECTION SECTION, THIS SHEET.
RATIO OF EDGE DISTANCE TO FRP FASTENER DIAMETER
- -EDGE DISTANCE - a.• Ba.T TO END 2.0-4 .0
'°
EDGE DISTANCE - a.• Ba.T TO SllE 1.5-3.5 ,.
Bll..T PITCH - a.• 10 a.• 4.0-5.0 M
WOOD CONSJRIJCOON NOT£$•
1. A1.L EXISTING WOOD stwiES ARE ASSUMED TO BE DOUGLAS AR-LARCH WITH A REF'ERENCE OCSIGN EENDtfG VALUE OF 1000 PSI MIN.
2. AI.L PROPOSED 'M)QD SHAPES IRE TO BE DOUGLAS FIR-LARCH WITH A REFERENCE DESIGN EENDING VALLE OF 1000 PSI lilN. U.N.O.
3. AI.L EXISTING AND PROPOSED GLUED I.N.IINATED TIMBERS ME 10 BE 24F-1.8C DOUGLAS RR EW.NICED WITH A REFERENCE DESIGN EENDING VAUJE OF 2400 PSI MIN. U.N.O.
MAS9Mf1' cot§JRUCJPN NOTES·
1. ALL BRICK 10 BE 1500 PSI MIN. REINFORCING BAR (IF APPUC&.E) TO CONFORM TO ASTU A615 GRADE 60 SPECIFICATIONS. ALL MORTAR TO BE 2000 PSI MIN. • FOR INTERIOR/>BOVE GRADE APPUCATIONS TYPE N MORTAR HAVING MINIMUM MODULUS OF RUPTURE Of 100 PSI SHAl.1 BE USED. FOR EXTERIOR/BELOW GR.ta: APPLICATIONS lYPE M OR S MORTAA ...,._VING A IINMUM UOOUWS OF RUPTI.H: Of 133 PSI. • BRICK AND MORTAR INSTALLATIOO TO CONFORM lO MSJC BULDING CODE REQUIREMENTS FOR MASONRY STRUCMES.
2. All CMU TO BE 1500 PSI MIN. REINFORCING BAR (IF AfPUCABLE) TO CONFORM TO AS1II A615 GRADE 60 SPECIFICATIONS. Ml. MORTAR TO BE 2000 PSI MIN. • FOR INTERIOR/>BOVE GRADE APPUCATIONS. TYPE N MORTAA ...,._VING IINMUM MOOlUJS OF RUPTURE OF 64 PSI SHALL BE USED FOR UNGROUTEO BLOCKS. AND 158 PSI FOR FULLY GROUTED El..OCKS.
• FOR EXTERIOR/EIEI.Dtf GIW>E APPLICATIONS TYPE M OR S MORTAR HAVING A MINIMUM MODULUS OF RUPTURE OF 84 PSI SHM.L EIE USED FOR UNGROUTEO BLOCKS, AND 163 PSI FOR FULLY GROUTED El..OCKS.
• BRICK .tNO MORTAR INSTALlATION TO CONFORM lO MSJC BULDING CODE REQUIREMENTS FOR MASONRY SIRUCMES.
JOOR PI.YN8 & JP§IQN NOTES·
1. PUJMB AND TENSION TOWER UPON COMPLETION OF STRUCTURAL MOOIFICATIONS DETAILED IN THESE DRAWINGS.
2. RETENSIONING OF EXISTING GUY WIRES SI-W.l. BE PERFORMED AT A TihE WHEN lHE WINO \a.OCRY IS USS THAN 10 MPH AT GROUND 1M1. AND WITH NO ICE ON THE S1RUCT\IRE AND OOf Yim.
3. PUJMB THE TOWER WHILE RETENSIOtlNG THE EXISTWG GIJf WIRES. THE HORIZONTAL DISTANCE BETWEEN 1tE VERTICAi. CENTERUfES Al ANY TWO ELEVATIONS SHALL NOT EXCEED 0.25% OF THE 'v'£R1lCAL DISTANCE BETWEEN 1WO a.EVAIDNS FOR lATilCED STRUCTURES.
4. THE TWIST BETWEEN Nl'I TWO ELEVATIONS THROUCHOUT THE HEIGHT « A LATTICE STRtJCru<E stWJ. NOT EXCEED 0.5 DEGREES a.. 10 FEET. THE IMXIMUM TWIST <J'olER THE LATTlCE STRUCTURE HEIGHT SHAil NOT EXCEED 5 DEGREES.
SfECW lt§PFCTJONS NOJIS·
1. A QLWJFED INDEPENDENT TESTING LABORATORY, EMPLOYED BY THE c:M'NER ~D APPROVED B'f THE JURISOICTION, SHAU. PERFORM INSPECTION ANO TESTING IN N:XX>RO\NCE 'MTH THE THE GCMRNING BUlDING COCE. N'PUCAB1£ SEC110N(S) AS REQUl<ED BY PROJECT SPECFICATIONS FOR 11£ fOUOWING CONSTRUCTION WORK,
o. STRUCT\IRAI. WEI.DING (CONIIIUOUS INSPECTION ~ AELO WEI.OS ONLY). b. HIGH STRENGlli BOLTS (PERIODIC INSPECTION ~ AJ25 ANO/OR M90 BOLTS) TO BE TIGH1ENEO PER ~N-OF-THE-Nur" METHOD.
c. M~ICAL. AND EPOXEO ANCHORAGES.
d. ABER REINFORC'ED POLYMER.
• THE SPECIAL INSPECTOR MUST VERIFY THAT THE FRP MAlERW. SPECFIED ON 1tE APPRCMD DESIGN DOCUMENTS IS BEtfG INSTALLED.
• THE SPECW.. INSPECTOR MUST VERIFY THAT AI.L CUT EDGES ANO DRU£0 HOLES ARE PROPERLY SEALED USING A VINYL ESTER S£AUNG KIT SUPPLIED B'f THE IW4UFACTURER. • THE SPECIAL INSPECTOR MUST VERIFY THAT THE STRUCT\.R IS BUILT IN ACCOROANCE WITH THE APPRO\IED DESIGN DOCUMENTS.
2. THE INSPECTION AGENCY SHAU. Sl&IIT INSPECTION AN) T[ST REPORTS TO TI£ BUILDNG DEPARnENT, THE ENGllr£ER OF RECORD, AND THE CMNER UNLESS THE FABRICATCR IS APPROVED B'f THE BUlDING OFFICW.. lO PERFMtil M)RK WITHOUT THE SPECIAi.. INSPECOONS.
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r- Pl.ANS PREPARED BY:
INFINIGY8
ENGINEERING, LLP
26455RANCHO PARKWAY SOOTH
LAKE FOREST , CAUFORl'IA 92630
r- CONSULTING GROUP:
0 01!1/10/20 FOR REVIEW a.
NO.lDATE :vm!OESCRIPTION :;:-JBY :-
r- SITE INFORMATION:
CM466 DEMUTH PARK
~SEAL,
IE04466A
4375 MESQUITE AVE,
PALM SPRtNOS., CA 92263
r- SHEET Tm.E:
GENERAL NOTES
~---------------___J[·--s-1
DocuSign Envelope ID: CBFE2EFA-C989-4C1F-ADF2-487389A690D6 Item 1R - Page 43
I
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(I\ PLAN VIEW
PROPOSED SITC PRO I
PART NIJIIB£R SCXH<,
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NOTES:
I. VARJa/S EJOSITNC IXNJITIONS AND PROPOSED
IKXJIFICATIONS NOT SHOIIN Fa1 aNI/TY.
2. IICOIIICATIONS SHOIIN AR£ Fa1 ENT/II£ G'OIR4 -
IKMIT. (J) 111TAL SCC7rllS l1£0Ul1£ IKXJIFICA710N.
.I ALL DESGNA1ED PARTS AR£ 111 BE NSTAUE/1 PER
IINUAC11Jf1£1l'S SPCCIFICAT/ONS.
4. C(JNIRACTm 111 FEJJ ~ R£rJ{ffl} IENCTHS OF
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(TYP OF 6)
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SCH ,t0 PFC. 6'-0" LONG
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Pl.ANS PREPARED BY:
INFINIGY8
ENGINEERING, LLP
26455RANCHO PARKWAY SOUTH
LAKE FOREST, CAUFORl'IA 92630
CONSUL TINO GROUP:
NO.
0 SfTE INFORMATION:
CM466 DEMUTH PARK
SEAL,
IE04466A
4375 MESQUITE AVE,
PAI.M SPRtNOS., CA 92263
SHEETTR'l.E:
MOUNT
MODIFICATION
DETAILS
I @ SITE PRO 1 p /N scx4-K l[ .. EETNUM ...
5, _2 -- SCALE, NOT TO SCALE
Aerial View-Tower Location Shown as Red Dot
500-foot radius Vicinity Map
Item 1R - Page 44
Patil :'.:a"lyon Creek. . __
Street View of Existing Tower-Looking South from East Mesquite Avenue Item 1R - Page 45
CITY COUNCIL STAFF REPORT
10/27/2022
SUBJECT:
AMENDMENT NO. 1 TO NON-EXCLUSIVE OPERATING AND LEASE
AGREEMENT NO. A9011 WITH COVID CLINIC, INC.
RECOMMENDATION:
Approve Amendment No. 1 to Agreement No. A9011 with Covid Clinic, Inc. to address the business entity change from Covid Clinic, Inc. to Rume Health, LLC; the relocation of their facility from the Airport holiday-overflow parking lot south of Kirk Douglas Way to an Airport parking lot located west of E. Baristo Road effective September 1, 2022; and the reduction in size of demised premises from 40,410 square feet to 15,387 square feet (sq. ft) and a reduction in rent from $12,392.40 per month ($148,708.80 per year) to $4,723.80 per month ($56,685.60 per year).
1. Authorize the Interim City Manager or designee to execute all necessary documents.
2. Attachments
Item 1S
CITY COUNCIL STAFF REPORT
DATE: OCTOBER 27, 2022 CONSENT CALENDAR
SUBJECT: A MENDMENT NO. 1 TO NON- EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. A9011 WITH COVID CLINIC, INC.
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Aviation
SUMMARY:
This action would approve Amendment No. 1 ( Attachment A ) to the Non-Exclusive Operating and Lease Agreement No. A9011 with Covid Clinic, Inc. to implement a business entity change and a relocation of the site space at the Airport, resulting in a decrease in the amount of rent paid to the Airport.
RECOMMENDATION:
1) Approve Amendment No. 1 to Agreement No. A9011 with Covid Clinic, Inc. to address the business entity change from Covid Clinic, Inc. to Rume Health, LLC; the relocation of their facility from the Airport holiday-overflow parking lot south of Kirk Douglas Way to an Airport parking lot located west of E. Baristo Road effective September 1, 2022; and t he reduction in size of demised premises from 40,410 square feet to 15,387 square feet (sq. ft) and a reduction in rent from $12,392.40 per month ($148,708.80 per year) to $4,723.80 per month ($56,685.60 per year).
2) Authorize the Interim City Manager or desi gnee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure (Attachment B), Rume Health, LLC formerly known as Covid Clinic, Inc. is a Delaware company registered in the state of California with a principal place of business at 18800 Delaware St, # 800 Huntington Beach, CA 92648. Matthew Abinante is a managing member.
BACKGROUND:
The Palm Springs International Airport (Airport) entered into an Agreement (A8660) with Covid Clinic, Inc. in December 202 0 for the purpose of offering Covid-19 testing to the Item 1S - Page 1
City Council Staff Report
October 27, 2022 -- Page 2
Covid Clinic, Inc. Amendment No. 1 to A9011
traveling public and local residents. Covid Clinic , Inc. is a certified laboratory based in Huntington Beach , CA. that provides multiple types of Covid -19 testing options . Their facility at the Airport consists of a mobile trailer and vehicle lanes.
From January 1, 2021, through December 31, 2021, Covid Clinic, Inc. leased 40,410 sq. ft. in the A irport holiday/overflow parking lot, south of Kirk Douglas Way and north of Ramon Rd. for their main operation, and kiosk space (80 sq. ft.) in the baggage claim area of the terminal building. The monthly rent collected by the Airport amounted to $12,626.60 ($151,519.20 yearly).
In January 2022, the Airport and Covid Clinic, Inc. entered into a new Agreement (A9011) by which Covid Clinic relinquished the kiosk space in the terminal building and k ept the 40,410 sq. ft. parking lot space.
The Covid-19 testing operation has been successful and has offered convenience to the traveling public.
STAFF ANALYSIS:
Wi
th the rebound of passenger traffic at the Airport , post Covid- 19, and continued increase due to added air service, the Airport is planning to use the overflow parking lot southwest of Kirk Douglas Way not only during the winter holidays, but at various times of the year as public parking needs continue to grow.
Along with the abatement of the pandemic, the demand for Covid- 19 testing has decreased resulting in fewer vehicles approaching the testing site and Covid Clinic, Inc. can be accommodated in a smaller area.
Therefore, the Airport has asked that the facility be relocated on September 1, 2022, from the Kirk Douglas Way parking lot to a parking lot southwest of E. Baristo Rd. and east of El Cielo Rd. as depicted in the figure below:
EXISTING
EL CIELO RD
Item 1S - Page 2
City Council Staff Report
October 27, 2022 -- Page 3
Covid Clinic, Inc. Amendment No. 1 to A9011
The former location measured 40,140 square feet and generated revenues of $12,392.40 per month ($148,708.80 per year). The new location consists of 15,387 square feet and will generate $4,723.80 per month ($56,685.60 per year).
With regard to the change in business entity, Airport staff was informed that while Covid Clinic, Inc. continues to exist as a non-profit company, the services that will be provided at the Airport will be operated by Rume Health LLC, a for-profit company.
The current Agreement (A9011) expires on December 31, 2022 and includes two six - months options. Rume Health LLC has expressed their wish to exercise their first six - month extension option on January 1, 2023.
ALIGNMENT WITH STRATEGIC PLANNING: N/A
FISCAL IMPACT:
Revenues to the Airport generated by the rent of the new space are expected to amount to $4,723.80 per month, notwithstanding the CPI increase due to take effect on January 1, 2023. Revenues will be credited to account 415-38010.
REVIEWED BY:
Department Director: Harry Barrett, Jr.
City Attorney: Geremy Holm
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Amendment No. 1 to Agreement A9011
B. Public Integrity Disclosure Form
Item 1S - Page 3
ATTACHMENT A
AMENDMENT NO. 1 TO AGREEMENT A9011
Item 1S - Page 4
AMENDMENT NO. 1 TO LEASE A9011
COVID CLINIC, INC.
NON-EXCLUSIVE OPERATING AND SPACE LEASE AGREEMENT
AT THE PALM SPRINGS INTERNATIONAL AIRPORT
THIS AMENDMENT NO. 1 to that certain Non -Exclusive Operating and Space Lease Agreement No. A9011 (“Agreement”), is made and entered into this 28th day of October 2022 (the “Effective Date”) by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City” or “Lessor”), and COVID CLINIC, INC. a California Corporation (“Lessee”). City and Lessee may herein be referred to individually as a “Party” and collectively as “Parties.”
RECITALS
WHEREAS, on January 1, 2022, City and Lessee entered into that certain Agreement whereby Lessee would operate a Non -Aeronautical Commercial Activity by providing COVID-19 testing and results to airline passengers and the general public from the space located at the Palm Springs International Airport as more specifically described in the Agreement.
WHEREAS, the Parties wish to replace the Lessee’s name from COVID CLINIC, INC. to RUME HEALTH, LLC, a Delaware Limited Liability Company, and amend the Agreement to reduce the “Demised Premises” leased and reduce the lease rental payments.
NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is her eby acknowledged, City and Lessee mutually agree as follows.
AGREEMENT
1. Lessee. References in the Agreements to Lessee will be to Rume Health, LLC., a Delaware Limited Liability Company located at:
18800 Delaware Street, #800, Huntington Beach, CA 92648.
2. Demised Premises. Section 1.1 of the Agreement is replaced in its entirety to read:
“As of September 1, 2022, t he “Demised Premises” shall refer to that certain property consisting of 15,387 square feet of parking lot space located at the Palm Springs International Airport southwest of E Baristo Road East of El Cielo Rd. and more particularly described in Exhibit “A” attached hereto.” Item 1S - Page 5
3. Lease Rental Payment. Section 1.4 of the Agreement is replaced in its entirety to read:
“Lessee shall pay Lessor a monthly rent of $4,723.80 for the parking lot space ($0.307 per square foot per annum) on the first day of each month of the Agreement. The monthly rent shall be adjusted on January 1 st of each year in an amount equal to the increase in the consumer price index for All-Urban Consumers (CPI-U) in the Riverside - San Bernardino - Ontario County, CA for the month of September preceding the adjustment date as compared to the preceding base index, or by applying a similar index if the CPI-U is not published or available. City shall send written notice of the applicable rent increase of each successive year along with documentation evidencing the calculation used to arrive at the figure.”
4. Full Force and Effect:
Except as expressly modified herein, all other provisions of the Agreement shall remain unmodified and in full force and effect.
5. Corporate Authority:
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are fully authorized to execute and deliver this Amendment on behalf of said Party, (iii) by so executing this Amendment, such Party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said Party is bound.
(SIGNATURE PAGE FOLLOWS)
Item 1S - Page 6
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO LEASE A9011
COVID CLINIC, INC.
NON-EXCLUSIVE OPERATING AND SPACE LEASE AGREEMENT
AT THE PALM SPRINGS INTERNATIONAL AIRPORT
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
LESSEE:
By: By:
Mathew Abinante
Title: President Title:
Date: Date:
Corporations require two signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By:________________________ City Attorney City Clerk
APPROVED:
By: ____________________________ Date: _______________________ City Manager
Item 1S - Page 7
EXHIBIT “A”
Item 1S - Page 8
Line Path Polygon Cirde 30 path 30 polygon
Measure the distance or area of a geometric shape on the ground Perimeter:
Area:
523.73 Feet
=======:
15,387.39 1 Square Feet
ATTACHMENT B
PUBLIC INTEGRITY DISCLOSURE FORM
Item 1S - Page 9
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 (Principal Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other 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 ____________________________________
Rume Health LLC
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Item 1S - Page 10
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 Michelle Stansfield, Director of Development
9/6/2022
Item 1S - Page 11
CITY COUNCIL STAFF REPORT
10/27/2022
SUBJECT:
CONSIDER PROPOSAL FROM BLUE ZONES, LLC TO PARTICIPATE IN A FEASIBILITY STUDY FOR $85,000
RECOMMENDATION:
Consider proposal from Blue Zones, LLC. to provide a feasibility study in the amount of $85,000.
1. If supportive of the proposal, authorize the Interim City Manager or designee to execute an Agreement and Statement of Work in form and content acceptable to the City Manager and City Attorney.
2. Attachments
Item 3A
CITY COUNCIL STAFF REPORT
DATE: O CTOBER 27, 2022 BUSINESS & LEGISLATIVE
SUBJECT: CONSIDER PROPOSAL FROM BLUE ZONES, LLC TO PARTICIPATE IN A FEASIBILITY STUDY FOR $85,000
FROM: Teresa Gallavan, Interim City Manager
BY: Teresa Gallavan, Interim City Manager
SUMMARY:
On October 17, 2022, City Council directed staff to present the proposal from Blue Zones, LLC for consideration at the next Council meeting. The proposal is for the City to participate in a feasibility study that will asses s and make recommendations regarding the viability of Palm Springs obtaining designation as a Blue Zone. The feasibility study would be done concurrently with several other cities and communities in Riverside County at the cost of $85,000 versus $100,000 if the City were to conduct its feasibility study at another time.
RECOMMENDATION:
1. Consider proposal from Blue Zones, LLC. to provide a feasibility study in the amount of $85,000.
2. If supportive of the proposal , authorize the Interim City Manager or designee to execute an Agreement and Statement of Work in form and content acceptable to the City Manager and City Attorney (Attachments 1 & 2).
BUSINESS PRINCIPAL DISCLOSURE:
The Business Principal Disclosure Form for Blue Zones, LLC. is not available at the time of the writing of this report but will be provided as additional materials to this item in advance of the meeting.
BACKGROUND:
The City of Palm Springs has considered a Blue Zone assessment in the past. Currently, there is an opportunity to participate in a feasibility study concurrently with other cities and communities sponsored by the County of Riverside, including Riverside, Banning, French Valley and Coachella, and benefit from a reduced price due to economies of scale.
Item 3A - Page 1
City Council Staff Report
October 27, 2022 -- Page 2
Blue Zones
The typical cost would be $100,000, however, by participating concurrently with other cities in the County, the cost would be $85,000.
Blue Zones are places where entire communit ies live significantly longer, healthier, and more active lives. By participating in the feasibility study , Palm Springs will receive Blue Zone Activation assessment , recommendations, and estimated costs to pursue designation. Such findings would be provided in a Readiness Report and Proposal , also called a “Blueprint for Transformation.” The attached proposal pages 10 – 13 outlines the phases of the assessment (Attachment 3), which include:
• Phase 1 – Community Leadership Presentation
• Phase 2 – Mutual Agreement to Start the Community Development Process • Phase 3 – Site Visit
• Phase 4 – Report and Proposal/Readiness Recommendations Delivery • Phase 5 – Final Decision Meeting
STAFF ANALYSIS:
Participation in the feas ibility study will give the City Council an assessment of the community’s desire and readiness on whether it want s to pursue designation as a Blue Zone as well as identify areas for improving community well- being. Three critical factors to Blue Zones include:
• Champions who lead and own the processes of educating and driving community stakeholder interest and support for bringing the necessary funding required for a successful Blue Zones Project. These champions typically are leaders of health plans, health systems, foundations, major empl oyers, and philanthropic organizations.
• A broad base of stakeholders and leade rs from multiple sector s who understand the value of Blue Zone Pr ojects and are willing to pl edge their support, drive engagement, participate in Blue Zones Pr ojects and initiatives as volunteers and influencers, and provide the resources needed to be successful. • F unding sources and st rategies that al low the m omentum created during the community development process to be leverage d into a timely decision and Blue Zones Project implementation.
Timely implementation of a Blue Zone Project is recommended within 90 days of receiving the Blueprint for Transformation, and implementation generally takes three years and a multimillion-dollar commitment. Other options include using the assessment information to pursue improvements in certain areas as opposed to implementing the entire plan. The assessment will engage the community on the topic of well -being and provide data that can lead to opportunities for improvements in the community. Attached are a brochure, overview and case studies highlighting the benef icial results of pursuing Blue Zone designation (Attachments 4, 5 & 6).
Item 3A - Page 2
City Council Staff Report
October 27, 2022 -- Page 3
Blue Zones
ENVIRONMENTAL ASSESSMENT:
The recommended action is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378.
ALIGNMENT WITH STRATEGIC PLANNING:
This aligns with Council Strategic Priorities regarding Quality of Life.
FISCAL IMPACT:
Funding of $85,000 for the feasibility study would require an appropriation from General Fund Balance.
REVIEWED BY:
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
1. Agreement
2. Statement of Work Agreement
3. Phases of Assessment
4. Brochure
5. Overview
6. Case Studies & Results
Item 3A - Page 3
ATTACHMENT 1
Item 3A - Page 4
MASTER SERVICES AGREEMENT
This Master Services Agreement (the “Agreement”), is made and entered into as of __________ , 2022 (the “Effective Date”) by and between Blue Zones, LLC, a Delaware limited liability company (“Blue Zones”) and ____________________ , a _______________________ (the “Customer”). Each of Blue Zones and the Customer may be referred to in this Agreement individually as a “ Party” and collectively as the “Parties.” This Agreement consists of (i) this Cover Page, (ii) the General Terms and Conditions attached hereto, and (iii) any Statement of Work referencing (i) and (ii) above that is executed by both Parties (each an “SOW”).
Customer and Blue Zones by signing below agree to be bound to the terms of this Agreement.
CUSTOMER: BLUE ZONES:
[________________________] BLUE ZONES, LLC
By: ________________________________________ By: ______________________________________
Printed Name: _______________________________ Printed Name: ____________________________
Title: ______________________________________ Title: ___________________________________
Date: Date:
Address for Notice: Address for Notice:
200 Southdale Center
Edina, MN 55435
Attn: ___________ Attn: General Counsel
Item 3A - Page 10
GENERAL TERMS AND CONDITIONS
1. Services; SOWs; Fees; Payments to Blue Zones.
1.1 Blue Zones shall provide the services as described in one or more SOWs (the “ Services”) executed by the Parties. Each SOW shall contain: (i) a description of the Services; (ii) the amount, schedule and method of Fees (as defined below) and any other compensation payable to Blue Zones; and (iii) the duration of the SOW, if different from the Term. The terms of this Agreement shall govern each SOW. In the event of a conflict between these General Terms and Conditions and the terms and conditions of any SOW, these General Terms and Conditions shall prevail unless the SOW expressly excludes or modifies the affected provision. The standard terms and conditions of Customer attached to a SOW shall have no force and effect.
1.2 Each Party shall designate a representative to serve as a liaison / team lead to the other Party. A Party’s representative will have the authority to bind a Party and will be available during normal business hours to respond to inquiries from the other Party.
1.3 Except as expressly provided in a SOW or otherwise in this Agreement, Customer shall pay Blue Zones the fees set forth and specifically enumerated in the applicable SOW (“ Fees”) and any other amounts as set forth in the applicable SOW as properly invoiced by Blue Zones pursuant to the terms of this Agreement by electronic funds transfer within thirty (30) days of receipt of each invoice. Blue Zones shall invoice such Fees monthly. Should Customer dispute any amount of any invoice submitted by Blue Zones, Customer shall notify Blue Zones of the amount in dispute and the basis for the dispute within fifteen (15) days of receipt of such disputed invoice. Should Customer and Blue Zones fail to reach a written agreement regarding the disputed fee by the due date of the invoice, Customer shall pay by the due date the full invoice, including the disputed amount, but shall retain its right to recover such disputed payment upon determination by a court or by agreement of the parties that the disputed amount is/was not due.
1.4 Except when Customer has properly disputed an invoice pursuant to the terms of Section
1.3, Customer shall pay interest of three-quarters of one percent (0.75%) per month from the due date for all late payments until the same is paid in full.
1.5 Customer acknowledges that the Fees exclude, and Customer shall be responsible for, all sales, use, personal property, value-added, excise and other taxes (including penalties and interest) (“ Taxes”) that may be imposed or assessed directly against Customer by governmental agencies with respect to the Services and the transactions contemplated by this Agreement, other than taxes due by Blue Zones or related to the income or gross receipts of Blue Zones, including penalties and interest, and other than any tax, assessment, payroll tax, etc. imposed or assessed directly against Blue Zones. Blue Zones shall be solely responsible for all payroll taxes imposed or assessed or due as a result of employees or contractors hired or engaged by Blue Zones. Each Party shall pay all Taxes assessed or imposed against it when due, and shall hold the other Party harmless from its failure to pay the same when due. This Agreement and the transactions contemplated hereby will create different tax results for each Party. Each Party has conferred with its own tax counsel prior to executing this Agreement, and executes this Agreement with full knowledge and acceptance of its potential tax consequences.
Item 3A - Page 11
1.6 Except for as expressly provided herein or in a SOW, each Party shall bear its own expenses in connection with the performance of its obligations hereunder, including travel to and participation in any training, conference, or meeting, and including all legal fees.
2. Intellectual Property.
2.1 As between Customer and Blue Zones, Blue Zones shall own all right, title and interest in and to the Blue Zones IP (as defined below), including, without limitatio n, all associated intellectual property rights throughout the world. Customer agrees that any modification or enhancement to Blue Zones IP which is developed, conceived or reduced to practice while performing the Services or otherwise during the Term, whe ther by Blue Zones for Customer or by Customer, with or without advice or support by Blue Zones, whether or not reimbursed by Customer, and whether or not developed in conjunction with Customer’s employees, agents, or contractors, will be the exclusive property of Blue Zones.
To the extent exclusive title and/or ownership rights in such works may not originally vest in Blue Zones, Customer shall assign (and the Customer does hereby assign, transfer and convey) to Blue Zones all of the Customer’s rights, tit le and interest to such works. If Customer suggests any new features, functionality or improvements to any Blue Zones IP, Customer will not assert any claim against Blue Zones or its third party licensors that the suggested feature, functionality or improvement is an original idea of Customer or that Customer has any ownership rights superior to those of Blue Zones or the third party licensor in such feature, functionality or improvement, and Blue Zones and its third party licensors shall not be subject to any confidentiality restrictions or royalty obligations relating thereto. Without limiting the foregoing, but subject to Section 3.1, Customer agrees that Blue Zones may use any outcomes or data arising from Blue Zones’ delivery of the Services a participating Community or the geographic region in which the Services are delivered pursuant to a SOW (the “Territory”), for any Blue Zones business purpose, including for itself or its other clients or customers.
2.2 Blue Zones grants Customer a non-exclusive, non-transferable, non-sublicensable, limited license in the Territory to use the Blue Zones IP only for the purposes of receiving the Services hereunder and for the purposes of marketing the Services in the manner that the Parties may agree upon in a SOW. Blue Zones grants to Customer no other license or right to the Blue Zones IP and none shall be deemed granted or implied. Blue Zones retains all rights not expressly granted herein. Except as otherwise express ly allowed in this Agreement or in a separate written agreement executed by the Parties, Customer shall not (a) copy, assign, pledge, rent, lease, time share, bundle, display, disclose, use, distribute, sell, sublicense, license or grant any rights in any of the Blue Zones IP; or (b) reproduce, modify, decompile, disassemble or reverse engineer the Blue Zones IP without the express written consent of Blue Zones.
2.3 The Parties each reserve the right to, and control of, the use of its name, symbols, trademarks, and service marks presently existing or later established. Except for as expressly provided herein, neither Party shall use the other’s name, symbols, trademarks, or service marks, without the prior written consent of the other Party or as expressly set forth in a SOW. Subject to its adherence to Blue Zone’s Brand Guidelines and Blue Zone’s prior written approval, Customer shall have the right to use the name, symbols, trademarks and service marks of Blue Zones to carry out the terms of this Agreement. Blue Zones shall have the right to use Customer’s name, symbols, trademarks and service marks to carry out the terms of this Agreement and to identify Customer as a client of Blue Zones Item 3A - Page 12
for its general sales and marketing purposes. Upon the expiration or termination of this Agreement or an applicable SOW or upon receipt of written notice from the other Party, a Party shall cease its use of any symbol, trademark or service mark of the other Party. The “Blue Zones Brand Guidelines” shall mean the guidelines provided by Blue Zones to Customer, which may be updated from time to time by Blue Zones upon prior written notice to Customer.
2.4 “Blue Zones IP” means all intellectual property created or owned by Blue Zones, including all works of authorship, programs, software, code, source code, system design, processes, tools, reports, manuals, supporting materials, drawings, diagrams, flowcharts, templates, documents, materials, technology, trademarks, trade secrets, instruction manuals, course descriptions, logos, trademarks, service marks, artwork, devices, website(s), and concepts, and any modifications, updates, enhancements and derivative works of any of the foregoing, whether developed prior to the Effective Date or during the Term.
3. Confidentiality.
3.1 Confidentiality Obligations. Each Party shall maintain the confidentiality of the Confidential Information (as defined below) of the other Party and not disclose or disseminate such Confidential Information to third Parties. The receiving Party shall use the same stand ard of care in maintaining the confidentiality of the Confidential Information as it uses with its own Confidential Information, which standard of care shall be reasonable care under the circumstances. Nothing in this Section shall preclude a Party from disclosing the other Party’s Confidential Information to the extent that the disclosure thereof is required by laws, regulations, statutes, mandates, or other decree with binding effect on a Party hereunder issued by a competent governmental authority (“ Applicable Law”). If a receiving Party is required to disclose Confidential Information pursuant to the preceding sentence, the receiving Party shall, to the extent permitted, promptly notify the disclosing Party and cooperate with the disclosing Party, at the disclosing Party’s expense, in connection with the disclosing Party’s efforts to resist such disclosure or to obtain a protective order. In the event of a breach or threatened breach by a receiving Party of the provisions of this Section, the disclosing Party shall be entitled to seek an injunction restraining the breaching Party from the conduct causing such a breach or threatened breach. Nothing herein shall be construed as prohibiting a Party from pursuing any other remedies available to that Party for such breach or threatened breach, including the recovery of damages from the breaching Party. Upon termination or expiration of this Agreement, the Parties shall destroy or return all Confidential Information of the other Party and shall not use any Confidential Information of the other Party in its business. Each Party shall be entitled to retain one copy of any Confidential Information for legal archival purposes. This Section shall survive termination or expiration of this Agreement. Upon the request of either part y, the other party shall confirm in writing such destruction and the methods used.
3.2 Definition of Confidential Information. “Confidential Information” means any and all information, know-how and data, technical or nontechnical, whether written, graphic or oral, furnished or made available by a Party or on its behalf, to a receiving Party and shall include, without limitation: financial information; pricing information; trade secrets; proprietary software and intellectual property; benefit design concepts; research and technical information; business and operational policies, processes, procedures and strategies; business plans; and systems design and operating specifications. Confidential Information shall not include the following: (a) information that is lawfully now in the Item 3A - Page 13
public domain or subsequently enters the public domain through no fault of the receiving Party; (b) information that is presently known or becomes known to the receiving Party from its own independent sources as evidenced by its written records; (c) information that is lawfully received from any third party not under any obligation to keep such information confidential; or (d) information independently developed by or for a Party hereto without use of the Confidential Information of the disclosing Party.
4. Term and Termination.
4.1 Term. This Agreement shall commence on the Effective Date, and subject to early termination as provided herein, shall continue until the later of (i) ______________, or (ii) the last day of the term of any SOW hereunder. (the “Term”)
4.2 Termination.
a. Termination for Material Breach. Either Party may terminate this Agreement or any individual SOW in the event of a material breach of this Agreement or any individual SOW by the other Party that is not cured within the applicable cure period. The applicable cure period for a monetary breach hereunder will be ten (10) days after the non-breaching Party gives the breaching Party written notice of such monetary breach. The applicable cure period for a non-monetary breach hereunder will be thirty (30) days after the non - breaching Party gives the breaching party written notice of such non-monetary breach.
4.3 Effect of Termination . Upon the termination or expiration of this Agreement for any reason, Customer shall pay all Fees to Blue Zones due and owing under this Agreement as of the effective date of termination. If, however, this Agreement terminates because of a material breach by Blue Zones, Customer may withhold any such unpaid Fees to the extent the same are necessary to reimburse Customer for any damage caused to it by virtue of the material breach of Blue Zones. The Parties agree that termination is not the sole remedy under this Agreement, and all other remedies will remain available.
5. Delegation and Assignment.
5.1 Delegation. Blue Zones may subcontract or delegate to third parties certain duties or obligations under this Agreement without notice or prior approval by Customer, including but not limited to the performance of certain Services as set f orth in an SOW, and shall remain fully responsible to Customer for all such duties or obligations performed by such third parties.
5.2 Assignment. Neither Party may assign this Agreement to a third party without the express written approval of the other Party, which approval shall not unreasonably be withheld, conditioned or delayed. Any attempted assignment in violation of the foregoing shall be void; provided, however, that either Party may assign any and all of its rights hereunder to a successor, an affiliate or wholly-owned subsidiary with thirty (30) days written notice to the other Party.
6. Warranties; Indemnification; Disclaimers; Waivers; Limitation of Liability.
6.1 Blue Zones warrants that the Services will be of workmanlike quality and that use of the Services or of any materials delivered to Customer as part of the Services, will be in compliance with the provisions of this Agreement, will be compliant with State and Federal Item 3A - Page 14
laws and regulations, and will not infringe the United States intellectual property rights of any third party.
6.2 Customer shall indemnify, defend and hold harmless Blue Zones from and against any and all claims or damages resulting from or arising out of: (a) a breach by Customer of this Agreement or any SOW; (b) the negligence, reckless or willful misconduct of Customer, its community partners or their employees and agents in connection with this Agreement; or (c) a violation of applicable law by Customer. Blue Zones shall indemnify, defend and hold harmless Customer from and against any and all claims or damages resulting from or arising out of: (a) a breach by Blue Zones of this Agreement or any SOW; (b) the negligence, reckless or willful misconduct of Blue Zones or its employees and agents in connection with this Agreement; or (c) a violation of applicable law by Blue Zones.
6.3 BLUE ZONES’ SOLE OBLIGATION AND CUSTOMER’S SOLE REMEDY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN SECTION 6.1 SHALL BE RE-PERFORMANCE OF THE AFFECTED SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.1, BLUE ZONES PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. BLUE ZONES EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON -INFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. BLUE ZONES MAKES NO WARRANTY OF ANY
KIND AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO
THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE SERVICES.
6.4 Except for breaches of Section 3, no Party shall be liable to the other for special, consequential, incidental, indirect, punitive or exemplary damages, however caused, whether for breach of warranty, contract, tort, strict liability, loss of data, loss of use, or otherwise, even if a Party has been advised of such possibility.
6.5 Blue Zones’ total aggregate liability for any claims, losses, damages or costs, including attorneys’ fees and other litigation costs and expenses of any nature whatsoever, arising out of or in connection with this Agreement or the Services shall not exceed the amount of Fees paid to Blue Zones by Customer under this Agreeme nt during the twelve (12) months immediately preceding the date on which the Client’s claim arose.
7. General Provisions.
7.1 Amendment. Any amendment to this Agreement or a SOW must be made in a writing signed by both parties.
7.2 Independent Relationship. Notwithstanding any other provision hereof, each Party is at all times acting and performing as an independent contractor with respect to the other Party; no Party may exercise any control or direction over the other Party’s performance hereunder. Nothing hereun der shall be construed to make or render a Party an agent, servant, representative or employee of, or joint venturer with the other Party.
7.3 Applicable Law. This Agreement, its terms, and conditions shall be governed by the laws of the State of Minnesota for all matters, without regard to its conflict of law principles that may otherwise apply.
Item 3A - Page 15
7.4 Waiver to Right to a Jury Trial . THE PARTIES HERETO AGREE THAT THEY HEREBY
KNOWINGLY, VOLUNTARILY AND INTENTIONALLY IRREVOCABLY WAIVE THE RIGHT TO
TRIAL BY JURY IN A NY ACTION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN
CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
7.5 Publicity. Customer and Blue Zones shall cooperate to issue a joint press release regarding the existence of this Agreement and that Customer is a client of Blue Zones.
7.6 Binding Effect. Subject to Section 5.2 above, this Agreement shall bind and inure to the benefit of the Parties, their successors and assigns.
7.7 Enforceability. If any provision of this Agreement is rendered invalid or unenforceable by a competent governmental authority, the remaining provisions shall remain in full force and effect. If the invalidated or unenforceable provision is material to the essence of this Agreement, the Parties shall exercise good faith efforts to timely agree to a provision(s) to replace that invalid or unenforceable provision(s) to give effect as closely as possible to the original intent of the Parties hereto.
7.8 Entire Agreement . This Agreement includes all exhibits , attachments and any other document that the Parties execute in writing and expressly agree to be a part of this Agreement. This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and any prior agreements are of no force or effect.
7.9 Headings. The headings of Sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
7.10 No Third-Party Beneficiaries. No persons or entities other than Customer and Blue Zones are intended to be, or are in fact, beneficiaries of this Agreement, and the existence of the Agreement shall not in any respect whatsoever increase the rights of any Member or other third-party or create any rights on behalf of any Member or other third party vis-à-vis any of the Parties with respect to the subject matter hereof.
7.11 Corporate Authority. Each Party represents and warrants to the other Party that it has the requisite power and authority to execute this Agreement.
7.12 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, and all of which together comprise one and the same instrument.
7.13 Waiver of Breach. A Party’s waiver of the breach of any provision of this Agreemen t by the other Party shall not be deemed to be a waiver of any subsequent breach of the same or any other provision hereof.
7.14 Force Majeure . A Party shall be excused from the performance of its obligations hereunder and such Party’s nonperformance shall not be a default or grounds for termination of this Agreement to the extent that such Party is prevented from performing its obligations as a result of any other cause beyond the affected Party’s reasonable control. In the event Blue Zones is excused from pe rformance of any of its obligations pursuant to this provision, Customer shall be excused from payment of any fee s due hereunder that corresponds to the Service not performed by Blue Zones.
Item 3A - Page 16
7.15 Notices. Any notice given hereunder shall be in writing and sent (by certified or registered mail, return receipt requested, or by other overnight mail delivery for which evidence of delivery is obtained by the sender) to the address(es) set forth on the Cover Page. The notice shall be deemed to be effective on the dat e on which the return receipt indicates the same was delivered.
The Parties have executed the Cover Page of this Agreement, effective as of the Effective Date.
Item 3A - Page 17
ATTACHMENT 2
Item 3A - Page 5
STATEMENT OF WORK NO. 1
BLUE ZONES ACTIVATE PULSE SITE ASSESSMENT
SOW No. 1 Effective Date: November 1, 2022
SOW No. 1 Term: Six (6) months from the SOW
No. 1 Effective Date.
This Statement of Work No. 1 (“SOW No. 1”) is executed by and between the City of Palm Springs, California, a ______________________(“Customer”) and Blue Zones, LLC (“Blue Zones”) pursuant to the Master Services Agreement between Customer and Blue Zones, LLC of even date herewith (the “Agreement”). This SOW No. 1 is subject to the terms of the Agreement, which are incorporated herein by reference.
This SOW No. 1 commences as of the SOW No. 1 Effective Date noted above and, subject to earlier termination as provided in the Agreement, shall continue for the period listed as the SOW No. 1 Term (“SOW No. 1 Term”) defined above.
The intent of this SOW No. 1 is to set forth the terms for a Blue Zones Activate Pulse Site Assessment, where Blue Zones experts will work with local leaders within the City of Palm Springs, namely zip codes 92262 and 92264 (the “SOW NO. 1 Territory”) to assess readiness and provide recommendations for further Blue Zones transformation programs and build a plan for change.
A. DEFINITIONS. Definitions specifically applicable to this SOW NO. 1 are as defined herein. Any other capitalized terms that are not defined herein shall have the meaning ascribed to them in the Agreement.
B. BLUE ZONES OBLIGATIONS. During the SOW No. 1 Term, Blue Zones will provide or perform the services listed below (collectively, the “Services”). All Services will be performed either virtually or in-person, dependent on current restrictions and each Party’s mutual agreement.
1. General Goals and Deliverables:
a. Educate and mobilize local leaders and residents of the SOW No. 1 Territory. b. Evaluate the SOW No. 1 Territory’s current state of well-being. c. Identify the highest priorities, challenges, and opportunities for the SOW NO. 1 Territory.
d. Produce and present a Readiness Report and Proposal (as further defined below) for a Blue Zones transformation for the SOW No. 1 Territory.
2. Pre-Planning. Blue Zones and Customer will build a schedule and coordination of meetings and presentations to optimize engagement in the Assessment process. As part of the pre-planning Blue Zones will work with Customer to build community awareness, educate stakeholders and encourage engagement. Additionally, Blue Zones will make its online education and engagement tools (e.g. Blue Zones web landing page, Blue Zones Life Challenge, and True Vitality Test®) available to Customer as well as conduct a community leadership and stakeholder event to drive awareness and engagement.
Item 3A - Page 18
3. Site Assessment. Blue Zones will determine the SOW No. 1 Territory’s readiness and the opportunity for impact by assessing the strengths, challenges, and opportunities across key sectors, by conducting an assessment in collaboration with the Customer (the “Site Assessment”), which will include the following:
a. Focus Groups and One-on-One Meetings. Blue Zones will facilitate focus groups and one-on-one meetings with key leaders and stakeholders to discuss strengths, challenges, and opportunities across the SOW NO. 1 Territory.
b. Presentation and Keynote Event: Blue Zones will conduct a presentation to engage the broader community through education and inspiration around key Blue Zones principles.
c. Well-Being and Blue Zones Impact Analysis. Blue Zones will provide a well-being analysis including trends and opportunities for the SOW NO. 1 Territory. In addition, Blue Zones will provide an impact analysis on the projected medical spend, productivity and regional economic value from a prospective Blue Zones community transformation.
d. Value Presentation. Blue Zones will present a detailed value brief, value workbook, and presentation to quantify the value of a Blue Zones transformation.
e. Policy Pulse Assessment. Blue Zones will plan and execute a built environment policy expert pulse assessment, facilitating key stakeholders session(s), following up on meetings with select leadership, and visually capturing the key portions of the SOW No. 1 Territory.
f. Debrief. Blue Zones will facilitate a debrief meeting with the Customer to share preliminary observations from the Site Assessment, discuss the potential scope of a Blue Zones transformation for the SOW No. 1 Territory and communicate next steps.
4. Readiness Report and Proposal. Prior to the end of the SOW NO. 1 Term Blue Zones will provide to Customer a report related to the SOW No. 1 Territory (the “Readiness Report and Proposal”), which will include the following:
a. Readiness of key community sectors outlined below:
i. Leadership
ii. Culture of Change
iii. People
iv. Places
v. Policy
vi. Media
b. Findings based on the Site Assessment;
c. Feasibility and value brief analysis;
d. Key recommendations; and
Item 3A - Page 19
e. Proposal for and recommendations around the next phase of a Blue Zones transformation.
C. CUSTOMER OBLIGATIONS During the SOW NO. 1 Term, in addition to any other obligations specified in the Agreement or this SOW No. 1, Customer shall perform or provide the following (“Customer Obligations”):
1. Leadership Commitment. Identify and recruit volunteers, engage and enroll key leaders and stakeholders needed to support the work and Services.
2. Staffing Commitment. Client will provide a designated project leader with full authority to act on behalf of and bid the Customer.
3. Community Presentation. Customer will create and present to Blue Zones the community strengths, challenges, and opportunities.
4. Sponsor Prospects. Identify and cultivate potential Sponsors for further Blue Zones transformation work.
5. Communication.
i. Gain engagement from local media partner(s) about the Services provided under this SOW No. 1.
ii. Participate in all outreach and media campaigns and communication.
6. Requested Information. Provide necessary and available information and data that will allow Blue Zones to provide the Readiness Report and Proposal.
7. Event Venue(s). Customer is responsible for providing venue(s) for all events associated with the Site Visit including but not limited to meetings, focus groups, summits and large community or stakeholder events.
8. Brand Guidelines. Adhere to the Blue Zones Brand Guidelines. All materials, press releases or other promotional items that incorporate mentions of Blue Zones or the Blue Zones IP shall require the prior written approval of Blue Zones.
D. JOINT OBLGIATIONS. Each Party shall commit its reasonable effort to collaborate in the performance of the foregoing events and activities to make them successful.
E. PAYMENT TO BLUE ZONES.
1. For the Services to be provided in this SOW No. 1, Customer shall pay Blue Zones $85,000 (the “Fees”), which shall be invoiced by Blue Zones as follows: (i) 50% on the SOW No. 1 Effective Date and (ii) 50% upon Blue Zones’ delivery of the Readiness Report and Proposal to Customer. All invoices shall be paid by Customer in accordance with Section 1.3 of the MSA.
Item 3A - Page 20
2. Except for as expressly provided herein, each Party shall bear its own expenses in connection with the performance of its obligations hereunder, including travel to and participation in any training, conference or meeting.
The Parties have caused this SOW NO.1 to be executed and delivered by their authorized representative effective as of the SOW NO. 1 Effective Date.
CUSTOMER:
BLUE ZONES:
BLUE ZONES, LLC
By:
Printed Name:
Title:
Date:_____________________
Address for Notice:
By:
Printed Name: Ben R. Leedle, Jr.
Title: President and CEO
Date:_____________________
Address for Notice:
200 Southdale Center
Edina, Minnesota 55435
Attn: General Counsel
Item 3A - Page 21
ATTACHMENT 3
Item 3A - Page 6
Item 3A - Page 22
BLUE
ZONES.
BLUE
ZONES
ACTIVATE
PHASE
I
Phase
1 -Community
Leadership
Presentation
'.~ . -. .
• -
J
--p
PURPOSE Educate,
inform,
and
inspire
a
community
leadership
team
with
BZA
research
and
value,
and
gauge
leadership
commitment
and
support
to
pursue
BZA
in
the
community.
COMMUNITY
RESPONSIBILITY
Organize
a
meeting
of
key
community
leaders
and
stakeholders
to
present
the
findings
from
the
original
Blue
Zones
longevity
hotspots
and
the
origin
of
BZA.
Conduct
and
analyze
survey
of
presentation
attendees
regarding
support
for
a
BZA
.
BZA
RESPONSIBILITY
Deliver
a
presentation
to
community
leadership
to
gauge
the
interest
to
pursue
a
BZA.
COST The
community
shall
pay
a
one-time
presentation
fee
of
Five
Thousand
Dollars
($5,000)
payable
to
Thrive,
LLC.
NEXT
STEP
Execute
a
Non-Disclosure
Agreement
. Execute
an
Activate
Phase
I with
community
champ
ion(s)
.
Execute
a
Letter
of
Agreement
with
Sponsor
for
Site
Visit
provided
that
the
attendee
survey
of
the
community
leadership
presentation
demonstrates
broad
support
to
further
assess
community
readiness
and
the
feasibility
of
BZA.
Phase
2 -Mutual
Agreement
to
Start
the
Community
Development
Process
'.~ . -. .
•
J
·--p ,.,
PURPOSE Mutual
agreement
that
the
community
is
prepared
to
begin
the
Activate
Phase
I,
as
stated
herein
.
COMMUNITY
RESPONSIBILITY
Execute
a
Non-Disclosure
Agreement.
Execute
Activate
Phase
I,
attached
herein
as
Exhibit
B.
that
shall
include
a
comprehensive
funding
strategy
with
named
organizations
and
their
respective
CEOs
who
will
participate
in
events
and
meetings
during
the
two
(2)
day
Site
Visit
(Site
Visit).
Execute
a
Letter
of
Agreement.
BZA
RESPONSIBILITY
Execute
Non-Disclosure
Agreement.
Address
questions
regarding
the
Activate
Phase
I and
initiate
support
for
the
initial
phases
and
planning
of
the
Activate
Phase
I.
Execute
Activate
Phase
I.
The
BZA
Team
will
assign
a
lead
executive
to
work
with
a
designated
community
team
to
plan
and
execute
the
Site
Visit.
Execute
a
Letter
of
Agreement
.
NEXT
STEP
Plan
and
execute
the
Site
Visit.
10 Item 3A - Page 23
Phase
3 -
Site
Visit
PURPOSE Determine
the
community's
readiness
and
the
opportunity
for
impact
by
meeting
with
a larger
group
of
community
leaders
and
key
stakeholders.
Exchange
detailed
information
about
the
community
and
BZ,
and
discuss
science-backed
value
proposition
with
potential
funders
to
solicit
interest
in
funding
the
BZA.
COMMUNITY
RESPONSIBILITY
Coordination
of
Site
Visit,
as
stated
in
Exhibit
C.
BZA
RESPONSIBILITY
Produce
a
detailed
value
brief
and
presentation
to
quantify
the
value
of
BZA
in
the
community
Coordination
of
Site
Visit,
as
stated
in
Exhibit
C.
PLANNING
AND
COST
The
BZA
Team,
with
the
coordination,
support,
and
guidance
from
selected
Sponsor
and
community
leaders,
will
develop
Site
Visit
schedule
and
conduct
the
Site
Visit
within
eight
(8)
weeks.
There
shall
be
a
one-time
Site
Visit
fee,
as
stated
in
the
Letter
of
Agreement.
NEXT
STEP
If
the
Site
Visit
produced
the
required
level
of
community
participation
and
support
for
BZA
implementation,
and
the
community
is
deemed
ready,
the
BZA
Team
shall
deliver,
upon
receipt
of
a
BZA
funding
strategy
from
the
community,
a Site
Visit
Summary
Report
("Report")
that
shall
summarize
the
BZA
Team's
initial
assessment
of
community
readiness
and
a
BZA
proposal
no
later
than
four
(4)
weeks
following
the
Site
Visit.
If
the
community
is
not
ready,
the
BZA
Team
will
provide
specific
recommendations
to
reach
readiness
in
lieu
of
the
Report
and
BZA
proposal.
Phase
4 -Report
and
Proposal/Readiness
Recommendations
Delivery
PURPOSE Meet
to
discuss
and
plan
the
BZA
implementation,
the
Report,
and
BZA
proposal
with
the
community
that
has
been
deemed
ready.
If
the
community
is
not
ready,
the
BZA
Team
will
provide
specific
recommendations
to
reach
readiness.
COMMUNITY
RESPONSIBILITY
Identify
entity
for
final
negotiations
and
execution
of
the
Master
Services
Agreement
and
Statement
of
Work
for
the
BZA.
Confirm
viability
of
funding
strategy.
11 Item 3A - Page 24
. -., ·-•f!:, ..,
BZA
RESPONSIBILITY
Deliver
the
Report
and
BZA
proposal
with
associated
pricing
to
the
contracting
entity
and
Sponsor(s)
CEOs.
Answer
questions
as
needed
related
to
the
BZA
proposal.,lf
a community
is
not
ready,
the
BZA
Team
will
discuss
an
action
plan
to
reach
readiness.
This
would
conclude
the
Activate
Phase
I for
a
community
that
is
not
ready.
NEXT
STEP
No
later
than
seven
(7)
weeks
after
the
Report
and
BZA
proposal
are
submitted
to
the
community,
the
BZA
Team
shall
be
prepared
to
conduct
a
meeting
("Final
Decision
Meeting")
with
leadership
and
sponsor(s)
of
the
community
.
Phase
5 -
Final
Decision
Meeting
./ft, . -.
PURPOSE Community
shall
communicate
its
decision
whether
or
not
to
pursue
a
BZA
.
COMMUNITY
RESPONSIBILITY
Provide
written
confirmation
of
its
decision
to
implement
a
BZA.
If
community
decides
to
pursue
a
BZA,
specific
funding
sources
and
commitments
shall
be
included
in
its
written
confirmation.
BZA
RESPONSIBILITY
Answer
additional
questions,
if
any,
regarding
the
Activate
Phase
I,
Report,
and
BZA
proposal.
Present
next
steps
to
Community.
NEXT
STEP
Upon
community's
decision
and
notice
to
implement
a
BZA,
the
BZA
Team
shall
produce
drafts
of
the
Master
Services
Agreement
and
Statement
of
Work
and
coordinate
subsequent
meetings
for
contract
discussion.
If
community
decides
not
to
implement
a
BZA,
the
Activate
Phase
I shall
be
concluded.
12 Item 3A - Page 25
Phase
6 -
Contracting PURPOSE Negotiate
and
finalize
Master
Services
Agreement
and
Statement
of
Work
for
the
BZA
that
shall
include
scope
of
services
and
mutual
obligations.
COMMUNITY
RESPONSIBILITY
Participate
in
final
negotiations,
and
execute
the
Master
Service
Agreement
and
Statement
of
Workfor
the
BZA.
BZA
RESPONSIBILITY
Provide
Master
Services
Agreement
and
Statement
of
Work
for
the
BZA
and
participate
in
final
negotiations.
Execute
the
Master
Services
Agreement
and
Statement
of
Work
for
the
BZA.
NEXT
STEP
Produce
announcement
Event.
Phase
7 -
Announcement
Event
PURPOSE Once
Master
Services
Agreement
and
Statement
of
Work
for
the
BZA
are
fully
executed,
announce
the
initiation
of
the
community
BZA.
COMMUNITY
RESPONSIBILITY
Coordinate
announcement
event
with
the
BZA
Team,
and
secure
participation
of
key
leaders
and
media. BZA
RESPONSIBILITY
Coordinate
announcement
event
with
Sponsor
that
shall
include
a
press
release.
13 ATTACHMENT 4
Item 3A - Page 7
©2021 Blue Zones, LLC. All Rights Reserved.
The Zip
Code Effect
Research shows
where we live
has a bigger
influence on
our health than
our genetics.
Live Longer, Better.
Healthier, Happier, More Productive Population
Participating communities have experienced double-digit drops in obesity and tobacco use and have saved hundreds of millions of dollars in healthcare costs.
PROMISES
Backed by research of the original blue zones—rare
longevity hotspots where people thrive Into their 100s— we help c
ommunities transform by making lasting changes
to the en
vironment in which people live, work, and play so
that healthy choices are easier.
Improved
Well-Being
Civic Pride &
Economic Development
49% decrease in medical
claims for city workers after
one year
35% drop in smoking rates
since 2010
2.9 years added to lifespans
within one year
ALBERT LEA, MN BEACH CITIES, CA FORT WORTH, TX
25% drop in obese and
overweight adults from 2010
36% drop in smoking from
2010-2017
11% decrease in prescription
costs for the public school
district since 2011
31% decrease in smoking
from 2014
In five years, city’s well-
being score rose from one of
the unhealthiest cities in the
country to one of the best
(185th to 31st)
Our Surroundings Shape Us
Almost all Americans spend 90% of their
lives within 20 miles of home. This is the
Life Radius, and that is where we focus
using evidence- based lessons longevity
from the blue zones called the Power 9.
Our proven groundbreaking solution
results in lasting changes to our human-
made surroundings and systems which
collectively nudge people to move and
connect more, eat wisely, and develop the
right outlook.
POWER 9 ® LIFE RADIUS ®
Item 3A - Page 26
•
0 0
0 0
0 0
• •
0 0
©2021 Blue Zones, LLC. All Rights Reserved.
“
Improved
Well-Being
Civic Pride &
Economic Development
Live Longer, Better.
Sustainable Community Vitality
PROMISES
Where People Live
Longer, Better Lives
In 2004, Blue Zones founder
Dan Buettner teamed with
National Geographic, the
National Institutes on Aging,
and the world’s best longevity
researchers to identify pockets
around the world where people
lived measurably better, longer.
In these blue zones, they found
that people reach age 100 at
rates 10 times greater than in the
United States.
In an age when poor health seems so intractable, you've taken this community from a place of resignation to a place of hope." —Dr. Vivek Murthy, former U.S. Surgeon General, after seeing Blue Zones work in Southern California Beach Cities To empower everyone, everywhere to live longer, better.
WHY WE’RE DIFFERENT
Blue Zones is a pioneer in transforming the health and well-being of entire populations through altering environments—the places and spaces where people live, work, learn, and play. Rather than a siloed approach that concentrates on specific challenges, Blue Zones represents a paradigm shift to a focus on root causes, not just the symptoms.
MISSION
Item 3A - Page 27
Lom~a Lincla, California
.::,..
Nlcoya Peninsula, Costa Rica
()
ATTACHMENT 5
Item 3A - Page 8
Origin Story and Solution
Item 3A - Page 28
To empower everyone, everywhere to live better, longer
Co-create the opportunities,
tools, process and environment
With all individuals, organizations
and communities
Have a healthy, purposeful
long-lasting life
Our Mission
Item 3A - Page 29
... •······················································•., ···························• ..... •··························· Blue Zones Longevity Hot Spots
Sardinia, Italy
Ikaria, Greece Okinawa, Japan
Nicoya Peninsula, Costa Rica
Loma Linda, California
Item 3A - Page 30
,
·•
•
CONFIDENTIAL | 2022 | PAGE 4
Blue Zones – Solution Model
POWER 9 ®
Lifestyles of all Blue Zones residents
shared nine commonalities.
We call these characteristics the Power 9.
Item 3A - Page 31
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~~ BLUE ZONES .
CONFIDENTIAL | 2022 | PAGE 5
PEOPLE
Life Radius
PLACES
POLICY
Individual Pledge
Purpose Workshops
Moais
Volunteering
Worksites
Schools
Restaurants
Grocery Stores
Faith-Based Organizations
Built Environment
Food
Tobacco
Alcohol
Item 3A - Page 32
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CONFIDENTIAL | 2022 | PAGE 6
Life Radius
Item 3A - Page 33
~~ BLUE ZO ES
I
I
I
I
•
POLICY
- Built Environment - Food
- Tobacco - Alcohol
CONFIDENTIAL | 2022 | PAGE 7
The Blue Zones Project Process
Transforming communities, employers, and universities through three phases
FOUNDATION
& PLANNING
TRANSFORMATION CERTIFICATION
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Business
Outcomes
Performance
Unplanned Absence
Turnover
Safety
Improving Well-Being Improves Outcomes
Purpose Financial PhysicalSocial Community
Health
Outcomes
Healthcare Utilization
Hospital Admissions
Hospital Readmissions
Disease Burden
Community
Outcomes
Crime Rates
High School Graduation Rates
Teen Pregnancy Rates
Motor Vehicle Deaths
Mental Health
Outcomes
Clinical Depression
Daily Emotions
Resilience
Adaptability
Improvement
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Benchmark and Ongoing
Measurements
Gallup Well-Being Index (2008-2017)
Medical Expenditure Panel Survey (MEPS)
Behavioral Risk Factor Surveillance Survey (BRFSS)
Bureau of Labor Statistics
U.S. Census Bureau
American Community Survey
IMPLAN Proprietary Data Base and Software
DATA
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CONFIDENTIAL | 2022 | PAGE 10
Laying the Foundation
Foundation
Hiring and Training of the
Core Team
Establishment of Committee
Structure and Training
Establishment of Volunteer
Base and Training
Global Expert Summits
Community Well-being
Oversample: Baseline
Baseline Metrics and Annual
Targets - Dashboard
PR Media and Marketing/
Engagement Outreach
Web and Social Media
Engagement with Tools
Community Engagement Events
Master Blueprint: All Sectors
& Marquee Projects Detail
Central Team Implementation and
Project Management Oversight
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CONFIDENTIAL | 2022 | PAGE 11
Blue Zones Certification Criteria
Awareness & Engagement of leadership, citizens and organizations Improvement in Key Components and/or Overall Well-Being Reduction in Population Health and Well-Being Risks
Evidence of change deployed to people, places and policy Improvement in key community self-reported metricsB L U E P R I NT Item 3A - Page 38
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Deployed to 4.4M+ lives in 71 Community Projects across 14 States Blue Zones Projects
In Active Development
Adventist Health Partnership
Item 3A - Page 39
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CONFIDENTIAL | 2022 | PAGE 13
Measurable Results
Small Community
Albert Lea, Minnesota
13 Years
• 49% decrease in medical
claims cost for city workers.
• 2.9 years added to life spans
within one year of participating
in the Blue Zones Project.
• 48% increase in tourism since
2012.
• Jump to 34
th place in
Minnesota County Health
Rankings (previously 68 out of
87 counties)
2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 20% 20% 20% 20% 14% 15% 13% 11% 11% 10% 10% 9%
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LiveWell Kids
BCHD launched LiveWell Kids in 2004
in response to an alarmingly high
rate of childhood obesity in Redondo
Beach elementary schools. Now in
its eleventh year, the program places
BCHD staff and volunteer nutrition
docents into schools throughout
Redondo Beach and Hermosa Beach,
where they annually teach 6,000
elementary students about proper
nutrition, unhealthy food marketing
ploys and gardening, while also
engaging them in daily exercise and
improving their access to fresh fruits
and vegetables.
Since the program’s implementation,
the obesity rate in Redondo Beach
has decreased 55%.
MORE THAN A DECADE AGO, Beach Cities
Health District (BCHD), in partnership with
Redondo Beach Unified School District,
launched a pair of programs to stem
rising rates of obesity in Redondo Beach
elementary schools. Since, the K-5 obesity
rate has fallen 55%.
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LiveWell Tots
In 2010, LiveWell Tots – the first com-
prehensive obesity prevention program
for preschool-aged children – debuted
in Redondo Beach. LiveWell Tots was
created to expand on the success of
LiveWell Kids by adapting evidence-
based lessons to fit the learning levels
and physical requirements of three- to
five-year-olds. The goal was to slow the
number of children entering kindergar-
ten overweight or obese.
Since 2010, the rate of preschoolers
entering kindergarten overweight or
obese has dropped 37%.
Kindergarten
Obesity/
Overweight
Rate
%
28.02 22.05 22.18 17.59
2011-12 2012-13 2013-14 2014-15
K–5
OBESITY
RATE
Beach Cities Health District Annual Report 20156 7Beach Cities Health District Annual Report 2015 Mid-Size Community
Beach Cities, California
10 Years
• 55% drop in childhood
obesity rates at Redondo
Beach K-5 schools.
• 15% drop in
overweight/obese adults.
• 10% increase in exercise.
• 17% drop in smoking.
• 12% rise in Life Evaluation.
• $72M in medical cost and lost
productivity savings.
Large Community
Fort Worth, Texas
8 Years
• 31% decrease in smoking,
reducing smoking rate to 13.5%
• Nine-point increase in
residents who exercise at least
30 minutes three or more days
of the week, now at 62%.
• Overall 2018 Well-Being Index
score rose to 62.5, a gain of
3.7 points or 6% since 2014.
9 Increase employee satisfaction,
sense of purpose and belonging
9 Increase productivity
9 Decrease absenteeism
9 Increase employee retention
9 Decrease healthcare costs
9 Increase competitiveness
9 Become an employer of choice
MAKE SOUTHWEST FLORIDA AN EVEN
BETTER PLACE TO LIVE, WORK, AND PLAY .
BlueZonesProject.com
CHALLENGE YOUR
WORKSITE TO BE A
LEADER
Large Employer
NCH Healthcare System
6 Years
• A 4.9 point jump in overall well-
being among employees.
• 54% decrease in healthcare
expenditures over six years.
• $27 million reduction in self-
insured medical claims.
• Nearly 60% of all employees
pledged participation.
• 40% decline in lost work days
due to injury.
$40M
Follow-On Grants
+12%
Life Evaluation
$20B
Lifetime Reduced
Smoking Value
+7%
Well-Being
Improvement
> 5% Sustained Improvement in Well-Being
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LEADERSHIP
RESOURCES
DESIGN
ACCOUNTABILITY
No Sustainable Champion(s)
Lack of a Broad-Based Common Vision
Lack of Sufficient Funding and Talent
Lack of an Evidence-Based Design
Lack of Sustainable Expertise
Lack of Performance & Impact Measures
Research-Backed Pitfalls of Community Health Initiatives Item 3A - Page 41
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Community and Blue Zones Value Alignment
Drives Purpose
Deepens Citizen Engagement
Enhances State Brand Equity
Improves Health, Well-Being and Resiliency
Lowers Health Related Costs
Improves Individual and Organizational Performance
Vitalizes the Regional Economy
Strengthens Relevance
V
A
L
U
E
V
A
L
U
E
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Blue Zones Activate Overview
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CONFIDENTIAL | 2022 | PAGE 17
FINDINGS AND
RECOMENDATIONS
• Expert Assessment
• Population Well-Being Analysis
• Impact Forecast
• Blueprint Plan and Proposal
PLANNING
• Launch Digital Presence
• Launch PR and Marketing Campaign
• Documentation and Policy Audit
• Run of Show for Stakeholder
Engagement
IN - MARKET ENGAGEMENT
• Community-wide Events
• Expert Focus Groups
• Media Placements and Interviews
Engage, educate, and mobilize local leaders and residentsG O
A
L
S
Evaluate the community’s current state of well-being and readiness Identify the highest priority challenges and gaps
Produce and present a Blue Zones transformation plan
Phase I: Goals, Milestones, and Deliverables
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31% decrease in smoking, reducing smoking rate to 13.5% Nine-point increase in residents who exercise at least 30 minutes three or more days of the week, now at 62%
Overall 2018 Well-Being Index score rose to 62.5, a gain of 3.7 points or 6% since 2014 $20B Lifetime Reduced Smoking Value
Fort Worth, Texas
BLUE ZONES
PROVEN RESUL TS
Blue Zones helps transform communities across the nation into areas where the healthy choice is easy and people live longer with a higher quality of life. The below reflects, but is not limited to, the proven results of Blue Zones Project in various communities, cities, and states across the U.S.
Since the launch of Blue Zones Project in Fort Worth, the health and well-being of residents has surged while the U.S. overall health score has dropped. According to the annual Gallup-Sharecare Well-Being Index®, Fort Worth’s overall 2018 Well-Being Index score rose to 62.5, a gain of nearly four points since 2014, when the city began working with Blue Zones Project®.
Each point increase in well-being for a population leads to approximately a 2% reduction in ER visits and hospital utilization, and to approximately a 1% reduction in total health care costs. This equals tens of millions of dollars of healthcare savings per year.
Meanwhile the U.S. Well-Being Index score—which outpaced the Fort Worth score by 3 points in 2014—is 61.3, a decline of 0.5 over the same period. Compared annually to close to 190 metro areas reported nationally, Fort Worth’s equivalent rank for well-being rose from 185 th
in 2014 to 58 th in 2017.
According to the Gallup-Sharecare Well-Being Index (WBI):
• Adult residents of the Fort Worth have reported substantially ele
vated levels of overall well-being in the four years since measurement began in 2014.
• Fort Worth’s Well-Being Index score 2018 = 62.5
• Fort Worth’s Well-Being Index score 2014 = 58.8
T
he section of the city with the lowest well-being, East Southeast, saw the greatest improvement. With a 10.9% well-being improvement over five years, which is a 6.1-point increase moving from 55.9 in 2014 to
62.0 in 2018.
Fort Worth moved from 185
th to 58 th in the Gallup-Sharecare annual
database of around 190 U.S. communities. Fort Worth has also had statistically significant improvement in all five elements of well-being since baseline year.
Reduced Smoking Rates in Fort Worth, TX:
• Adult Smoking Rate in 2018 = 13.5%
• Adult Smoking Rate in 2014 = 19.6%
F
ort Worth has saved an estimated $268 million in 2018 compared to 2014 based due to the reduced smoking rate among its adult residents.
Gallup estimates Fort Worth’s lost productivity due to smoking (at a rate if 19.6%) was about $602 million per year across all of its employers in 2014. In 2018 Gallup estimates that these lost productivity costs were reduced by about $187 million per year as a function of the lower smoking rate, likely representing a substantial boost to the economy.
In Fort Worth, the 6.1 percentage point estimated reduction in adult smoking translates to 38,074 fewer smokers than in 2014, yielding a savings in health care utilization of about $81 million per year compared to that year.
Other well-being improvements:
• Exercise 30 plus minutes, 3x days, week: Improved 9 points from 5 3% in 2014 to 62% in 2018.
• Agree city/area is perfect place for you: Improved from 61.9% in 20 14 to 65.6% in 2018.
• Agree proud of community: Improved 5.6 points from 63.8% in 20 14 to 69.4% in 2018.
• Won $3.2 million in Safe Routes to School funding for seven FWISD schools.
• Youth smoking decrease: Percentage of youth who report c
urrently smoking cigarettes at least once in the last 30 days has declined from 9% in 2015 to 5.5% in 2017, according to the Youth Risk Behavior Surveillance Survey (YRBS).
• Youth e-cigarette decrease: Percentage of youth who report c
urrently using electronic vaping products at least once in the last 30 days has declined from 19.9% in 2015 to 7.4% in 2017, according to the YRBS Policy Impact & Funding.
• Partnered with City and community partners to secure over $9
.9 million in funding for built environment policies and infrastructure projects and $656 thousand in funding for community and school gardens, increasing fresh fruits and vegetables in schools, and a corner store transformation.
What happens when you increase
well-being by 1-point?
What happens when you increase
well-being by 10%?
2.2% less likelihood of hospital admission
1.7% less likelihood of ER visit
1.0% less likelihood of incurring healthcare costs
5.0% fewer unscheduled absences
5.0% higher reported job performance
6.0% more days of ‘best work’ in 28-day period
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“
“Fort Worth showed early promise in its efforts to improve the well-being of its residents with impressive gains in 2015 and 2016 compared to its baseline year of 2014. After mirroring national trends and taking a step back last year, Fort Worth’s latest jump in well- being in 2018, as the U.S. continues to decline, securely establishes it as a best practice example of what a community can accomplish when it sustains a focused commitment to well-being. The work of the Blue Zones Project in Fort Worth is playing an important role in the improving well-being culture and associated outcomes of the community.” — Dan Witters, Principal at Gallup • $15 million allocated for sidewalks and bicycle infrastructure and $5 million allocated for Safe Routes to School improvements out of 2018 bond, ten-fold increase in SRTS funding from previous bond.
• Significant increase in the number of miles of bicycle infrastructure: Miles of bike lanes have increased from 9.6 miles in 2010 to 86.8 miles in 2018, and miles of bike routes (sharrows or bike route signage) have increased from 68 miles in 2010 to
87.2 miles in 2018.
Food Systems Case Study:
• City Healthy Food Financing Initiative – with low to no interest loans, retailers can open, renovate or expand retail outlets that provide fresh produce.
• Urban Agricultural Ordinance – allows vacant lots within the city to be used for the development of urban farms with rezoning.
Community and backyard gardens allowed to have small
temporary sales on-site.
Media Valuation:
• Media mentions at $4,424,635 advertising equivalency
• 2.3B total reach
• 100% positive or neutral coverage
• 2,195 total news stories
Hawaii
While national well-being has been declining since 2016, the well-being of Blue Zones Project Hawaii communities has remained steady since their baseline year of 2015 or 2017. Blue Zones Project Hawaii communities appear to be rebounding from 2019 to 2020 despite the survey window coinciding with the COVID-19 pandemic.
IN 4M & WAHIAWA
4M Communities 2017-2019 Value Accrued:
7.2% decrease in risk = $4M in generated value
10-year value projection from 2019:
27.7% decrease in risk = $124M in generated value
Wahiawa 2017-2020 Value Accrued:
10.1% decrease in risk = $3.9M in generated value
Wahiawa 10 year value projection from 2019:
30.8% decrease in risk = $78M in generated value
• The Blue Zones Project Wahiawa team partnered with other organizations and the County to help leverage $223 thousand in grant funding for policies, programs in Wahiawa. $13.5 million has been allocated toward bicycle and pedestrian projects in the form of the Wahiawa Bridge Project for shared use paths. • The percentage of adults utilizing public transportation or bicycles to actively commute to work increased from 10.2% in 2017 to 12.5% in 2019 (Census).
• 20% of Wahiawa residents report that it is easier to walk or bike in their community today compared to five years ago (WBI). • Added 21.6 miles of new bike lanes County-wide.
• 21 businesses donated 3,272 pounds of healthy food during a Give Healthy Food Drive in 2019 which will be an annual event. • According to FeedingAmerica.org, the percent of Honolulu County residents who are food insecure declined from 11.8% in 2016 to 10.4% in 2018.
IN WEST HAWAII
The Healthways Simulation Model, developed in collaboration with the World Economic Forum, Harvard, Johns Hopkins School of Public Health, and Boston Consulting Group, is a predictive population health simulation model that can calculate health care-related costs associated with conditions and behaviors, forecast the incidence and progression of these diseases over time, and determine the medical and productivity value of changes in health conditions over time. The accuracy of this model was scientifically and independently tested using data available from the Framingham Heart Study, the longest- running longitudinal epidemiologic public health study of its kind, to ensure validity of the model using real data points. According to this simulation model, West Hawaii has outperformed state of Hawaii well- being trends since its baseline year of 2017, seeing 10.5% fewer health risks than expected if the community had followed state trends (listed below). This risk avoidance equates to $2.96 million in avoided medical and productivity costs to the community from 2017 to 2019. • Adult smoking: According to the Behavioral Risk Factor Surveillance Survey (BRFSS), the adult smoking rate on Hawaii Island has declined from 16.2% in 2015 to 14.9% in 2017. The percentage of adults using e-cigarettes has declined from 6.1% in 2015 to 5.1% in 2017.
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• Adult obesity: Decreased island-wide from 25% in 2015 to 23.3% in 2017, according to BRFSS. In Kona, adult obesity has declined from 57% in 2015 to 52% in 2017.
• Adult depression: Island-wide, the percentage of adults with depression has declined from 15.1% in 2015 to 13.4% in 2017, according to BRFSS. Adult depression in Kona has also declined, from 13.3% in 2015 to 9.5% in 2017.
• Youth smoking: Island-wide, cigarette use by high school youth has decreased from 11.4% in 2015 to 10.1% in 2017, according to the Youth Behavioral Risk Survey.
• Youth physical activity: The percentage of Hawaii Island middle school youth meeting recommended physical activity guidelines increased from 16.3% in 2015 to 17.8% in 2017.
• Produce consumption: Fruit consumption has increased island- wide and for Kona. Across Hawaii Island, the percentage of adults reporting that they consume more than three servings of fruit daily has increased from 16.2% in 2015 to 18.9% in 2017. For Kona, the percentage of residents reporting this has increased from 17.7% to 20.9% from 2015 to 2017.
• BZP has partnered with organizations and the County to help bring $1.39 million in grants to Hawaii Island since the Project’s start in 2015.
• Over 14 miles of new bicycle lanes have been added in the County from 2015-2019.
• 50% increase in the number of farmer’s markets accepting SNAP/EBT across the County, from 10 farmers markets in 2015 to 15 in 2019.
• Successfully advocated for the state’s passage of House Bill 1895 which requires retailers of electronic smoking devices to register with the Attorney General’s office in order to sell and creates a civil offense if the retailer is selling unregistered.
IN CENTRAL HAWAII
The Healthways Simulation Model, developed in collaboration with the World Economic Forum, Harvard, Johns Hopkins School of Public Health, and Boston Consulting Group, is a predictive population health simulation model that can calculate health care-related costs associated with conditions and behaviors, forecast the incidence and progression of these diseases over time, and determine the medical and productivity value of changes in health conditions over time. The accuracy of this model was scientifically and independently tested using data available from the Framingham Heart Study, the longest- running longitudinal epidemiologic public health study of its kind, to ensure validity of the model using real data points. According to this simulation model, Central Maui has outperformed state of Hawaii well-being trends since its baseline year of 2017, seeing 4.4% fewer health risks than expected if the community had followed state trends.
This risk avoidance equates to $1.24 million in avoided medical and productivity costs to the community from 2017 to 2019.
• 40% of Central Maui residents are aware of Blue Zones Project and 18% are engaged with the Project.
• Central Maui residents who are engaged with the Project are more likely to be thriving in their life evaluation; 80% of those engaged are thriving in life evaluation compared to 50% of those who are aware but not engaged.
• Engaged residents have higher purpose well-being with 56% thriving in purpose, compared to only 24% of non-engaged residents.
• Adult smoking rate in Kahului has declined from 14% in 2016 to 10% in 2017.
• Adult obesity: BRFSS data shows that the adult obesity rate in Kahului has declined from 60% in 2016 to 55% in 2017.
• Over 21 miles of new bicycle lanes have been added in the County from 2015-2019.
Media Valuation:
• Media mentions at $6,694,742 advertising equivalency • 5.1B total reach
• 100% positive or neutral coverage
• 3,130 mentions
*Selected communities stated.
Klamath Falls, Oregon
In 2015, Klamath Falls was selected to be the first Blue Zones Project demonstration site in the Pacific Northwest. Since then, local leaders, volunteers, and organizations throughout the community have worked to achieve certification status.
As a result of its efforts, Klamath Falls can celebrate:
• More than $1.3 million in grant funding to support community well-being projects including Safe Routes to Parks, Safe Routes to Schools, a Cigarette Litter Prevention Program (resulting in a nearly 80% reduction in tobacco litter downtown), supporting a preventative food pantry, increasing wayfinding signage, and increasing park access.
• New ordinances that are paving the way for smoking cessation and tobacco prevention through smoke-free city parks, smoke- free events, and increased education around smoking cessation, leading to a 24% decrease in smoking rates since 2015.
• New city policies that support healthy eating through the creation of the county food policy council, the county nutrition options resolution, and the adoption of many healthy meeting protocols in workplaces across the community.
• Increased physical activity among approximately 4,400 students in the local schools by participating in Walking School Bus Days. • Twelve approved restaurants that offer a combined 37 new healthier menu items for adults and children. Klamath Falls has also become home to a vegan eatery and juicing company, offering even more options to the community’s residents. • Increased demand for produce, which prompted a regionally owned grocery store to increase its produce section resulting in a 12% increase in produce sales.
• More than 1,113 individuals joined a Moai® walking group that promotes building friendships and moving naturally.
• More than 715 individuals have volunteered to support the Blue Zones Project in Klamath Falls.
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5 health risks statistically lower in Southwest Florida versus the state of Florida:
36% lower in tobacco use
28% lower in poor nutrition
17% lower in stress
23% lower in obesity
9% lower in lack of exercise
Since 2015, Klamath Falls has seen a 24% decrease in smoking following Blue Zones Project implementation, advocacy, and policy work. Klamath Falls’ adult smoking rate now stands at 13.1%, down from 17.3% in 2015 according to the Gallup-Sharecare Well-Being Index.
Youth smoking has also decreased, with the percentage of youth who report having smoked cigarettes in the past 30 days declining among 8th and 11th graders between 2015 and 2017. According to the Youth Behavioral Risk Survey (YBRS), for 8th graders, the percentage dropped from 6.7% in 2015 to 4.7% in 2017, and for 11th graders the percentage dropped from 11.2% in 2015 to 8% in 2017. Frequent e-cigarette use among 11th graders has also declined in Klamath Falls while it has risen nation-wide. According to the YBRS, the percentage of 11th graders who smoked e-cigarettes 3–5 days within the last 30 days declined from 4.2% in 2015 to 1.3% in 2017.
Blue Zones Project Klamath Falls results include:
• 20 Blue Zones Project Approved worksites
• 8 Blue Zones Project Approved schools
• 10 Blue Zones Project Approved restaurants
• 2 Blue Zones Project Approved grocery stores
• 27 participating faith-based, neighborhood and community organizations
• More than 6,000 residents have taken the Personal Pledge or participated in a Blue Zones Project activity, like volunteering; attending a Purpose Workshop, cooking demonstration, or Blue Zones Project Story; or joining a Moai®.
• The city of Klamath Falls and Klamath County have implemented key food, built environment, and tobacco policies and projects.
Food Systems Case Study:
• Established on-line Farmers Marketplace: online food hub connecting local producers with consumers. Provides the only year-round location where SNAP recipients can purchase fresh produce year-round.
• Produce Connection: a network of eight drop sites where free produce is provided. Over 790,000 lbs. of produce distributed in 2018.
Media Valuation:
• Media mentions at $2,754,967 advertising equivalency
• 1.5B total reach
• 99% positive or neutral coverage
• 2,428 total news stories
Southwest Florida
SWFL Medical and Productivity Value of $40,313,800 (accrued in 4 years 2015-2019):
• 7.2% decrease in risk
• $27.80 avg. savings PMPY
• $635.9M projected savings in 10 years
Value in Ad Equivalency of $10,150,195 (2015-2020)
• 5.3B total reach
• 100% positive or neutral coverage
• 6,824 mentions
• 4 million total social media impressions
Grant Value of $14,590,385 over 4.5 years:
• $13,132,691 TIGER Grant Collier County
• $907,694 Safe Routes to School
• $200,000 MPO Grant Bonita Springs
• $250,000 Terry Street Project Bonita Springs
• In addition, helped support purchase of Edison Farms, a 4,000 acre preserve in Estero and the Gore property in Golden Estates which put 180 in preservation for trails and passive recreation (Letter of Support, Proof of Community Collaboration).
$100,000 to establish and sustain the first SWFL Food Policy Council.
Total SWFL Value 2015-2019:
• $40.3M Community Well-Being Value
• $10.1M Media Value/Ad Equivalency
• $14.5M Grant Value
• $64.9M Total Value
• 5.0 ROI
NCH Healthcare System (3 years)
• A 4.9 point jump in overall well-being among employees • 54% decrease in healthcare expenditures over six years • $27 million reduction in self-insured medical claims
• Nearly 60% of all employees pledged participation
• 40% decline in lost work days due to injury
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After launching Blue Zones Project, Spencer, Iowa saw:
11% improvement in fruit and vegetable consumption
Workers’ healthcare claims reduced by 20%
Metabolic syndrome risk factors fell from 43% to 13% at the Spencer Hospital From 2010-2015, according to the Gallup-Healthways Well-Being Index, Iowa outpaced the nation in overall well-being, improving twice the rate of the national average Spencer, Iowa
• More than 50% of community believes Blue Zones Project helped create a positive impact.
• 84 Iowa communities submitted interest, an elite 15 were chosen. • 520,000 lives impacted by environmental changes designed to help people move naturally, eat wisely, develop the right outlook, and connect with others.
• 430,000+ actions taken by individuals to improve well-being for themselves, their families, and friends.
• 610 worksites, schools, grocery stores, and restaurants achieved Blue Zones Project designation.
• 180,245 total feet of bike lanes, trails, and sidewalks built to encourage people to move naturally.
• 142 Walking School Bus routes created to encourage students to move naturally.
• All 15 communities passed new Complete Streets policies to enable safe access for all users.
• In 2014, more than 25% of elementary students in Spencer, Iowa moved naturally to and from school.
• 60% of Spencer, Iowa’s public schools are Blue Zone Schools and 67% of its grocery stores are Blue Zones Grocery Stores.
Media Valuation:
• Media mentions at $6,970,397 advertising equivalency
• 3.6B total reach
• 99% positive or neutral coverage
• 4,222 mentions
Local officials engaged Blue Zones Project because their childhood obesity levels were higher than the national average (pre-2010). Stress levels were high, particularly in affluent Manhattan Beach, measuring the same as New Orleans post-Katrina, or in Detroit. At higher than the national average, significant daily stress was an important unhealthy indicator in the Beach Cities. These three beach cities in Southern California continue to show dramatic improvements since launching with Blue Zones Project in 2010.
Obesity and Overweight Rates:
15% drop in obese and overweight adults (between 2010-2017). At
12.1%, the rate of obesity in the Beach Cities is less than half of the U.S. rate of 28.1% – meaning just one in eight Beach Cities residents are obese compared to one in four Americans nationally.
68% reduction in childhood obesity from 2007 to 2019 at Redondo Beach K-5 schools. The number of Beach Cities residents who are above normal weight (obese or overweight) fell from 60 to 50.8% In contrast, 63.7% of U.S. adults and 58.7% of Californians are above normal weight.
Smoking Rates:
36% drop in smoking (between 2010-2017). The smoking rate in the Beach Cities fell to just 8.9% of residents – a rate significantly lower than the U.S. (18.8%) and California (13.7%).
Exercise:
Now, 65.8% of Beach Cities residents report exercising at least 30 minutes a day, three days a week—a 9% increase since 2010—compared to just 53.2% of adults nationally and 57.7% statewide.
Overall Well-Being Score:
The Beach Cities collectively earned the highest 2015 Well-Being Index score (65.9) in the U.S., outpacing all 190 metropolitan areas measured.
Individually, Manhattan Beach (68), Hermosa Beach (67) and Redondo Beach (64.8) placed first, second and fifth in the U.S. respectively.
Beach Cities, California
68% drop in childhood obesity rates at Redondo Beach K-5 schools 15% drop in adult obesity and overweight rates
36% drop in smoking
10% drop in significant daily stress since 2010
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Creating Value for Beach Cities:
Since the inception of Blue Zones Project in 2010, improvements in community well-being are valued at:
• Savings of $21M in direct medical expenses
• Reductions in projected lost productivity of $21M
• A cumulative total of $42M in value
• $341 average annual per capita value
Based on trends over the past 5 years, we project the total value of well-being improvement by 2020 to be:
• Savings of $74M in direct medical expenses
• Reductions in projected lost productivity of $51M
• A cumulative total of $125M in value
• $1,011 average annual per capita value
Albert Lea, Minnesota
$7.5M in savings in annual healthcare costs for employers
2.9 years added to lifespans within one year of participating in the Blue Zones Project The Downtown Streetscape revitalization has increased private investment, tourism, and the tax base Suffering in the face of the 2008 economic downturn, Albert Lea, Minnesota, was determined to transform its situation. Its leaders eagerly teamed up with Blue Zones in 2009, making Albert Lea the first Blue Zones Pilot Project, applying principles from areas around the world where people lived longer, healthier lives. Pleased with the results of the nine month pilot, Albert Lea has continued on as a Blue Zones Project community addressing built environment, tobacco policy, citizen engagement, and bringing back the downtown.
The commitment to well-being has resulted in numerous measurable impacts for Albert Lea leading incremental changes and sparking chain reactions. Impacts such as:
• $8.6 million—savings in annual health care costs for employers as a result of a decline in smokers.
• 34th place—in the Minnesota County Health Rankings (up from 68 out of 87 counties).
• 2.9 years—added to lifespans (projected) within one year of participating in the Blue Zones Project.
When Blue Zones and Blue Zones Project began working with Albert Lea in 2009 to transform its policies, places, and people, the focus was on helping people move naturally, eat wisely, connect, and have the right outlook—all of which can lead to living longer, better. To make transformation a reality, city leaders and the Blue Zones Project identified key opportunities for impact and sought pledges from businesses and residents.
Community Design Improvements
In 2009, Blue Zones’ expert Dan Burden led a walking audit of Albert Lea, identifying ways to create more active and healthy living environments centered around people. A Bike and Pedestrian Master Plan was created that identified areas needing improvement to align with the Complete Streets Policy, which Albert Lea was an early adopter of in 2009.
Armed with inspiration and grant money, Albert Lea created bump outs to ensure safe pedestrian crossings and wider sidewalks that provided space for outdoor dining. A five-mile route that was added around a lake within the city was affectionately named the Blue Zones Walkway by Albert Lea, and it now connects to neighborhoods, parks, downtown and past the local hospital. Stop signs were replaced with traffic lights to maintain a smooth traffic flow. Community message boards were added, and a complete park renovation with amphitheater seating provided additional community gathering space.
The improvements sparked a chain reaction of economic development.
New businesses relocated to downtown Albert Lea, and the city initiated a mixed-use project to open room for income-limited housing units and commercial space in the historic downtown area.
Healthier Workplaces
Blue Zones Project offered local businesses the opportunity to become a designated Blue Zones Worksite® by completing an assessment and improvements to increase the long-term well-being of employees, customers, or students.
The simple changes were designed to provide lasting benefits to people’s physical health, emotional health and social relationships.
More than 45 worksites have registered with Blue Zones Project and made varying levels of change, the City of Albert Lea being one.
Blue Zones Project also recommended worksite clinics for some of the larger employers in Albert Lea to increase well-being for employees and reduce healthcare costs. Five of the top 20 partnered together to provide their employees with a dedicated worksite clinic, serving approximately 1,650 employees. Two other area worksites also opened clinics. These efforts resulted in considerable savings.
Healthy Foods
To make healthy food the easy choice for everyone in the community, Blue Zones Project provided guidance on how to offer and bring attention to foods that are more nutritious and tasty.
As a result, one of the local grocery stores implemented changes to its environment, selection of healthy options, and education and promotions to make healthier choices easier for customers.
Grab-n-go breakfast and healthy snack cart programs were introduced in various public schools to help children create healthy habits, and they’ve been highly received by students, educators and parents. An indoor sports arena added healthier options to its concession stand and saw a bump in sales. And the City of Albert Lea has expanded the community garden space 150%, giving residents an opportunity to grow healthy food and socialize in an agricultural environment.
Tobacco Cessation
Starting in 2009, Blue Zones Project began working with the City of Albert Lea to drive policy and environmental changes for a measured reduction in tobacco usage.
Item 3A - Page 50
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0 Confidential. ©2021 Blue Zones, LLC. All Rights Reserved.
This included changes for public housing, public parks and events, outdoor dining, as well as partnering with local businesses. Out of 18,000 residents, 4,140 were smokers in 2010, and success had the potential of reducing health care costs by $6,000 per year, per smoker.
Given the challenge of trying to implement this change and provide a new outlook toward this important public health issue, the city chose to make incremental moves over time, which have made a big impact.
MEASURABLE IMPACTS THAT TRANSFORMED THE COMMUNITY
The following progress indicators were reported by the City of Albert Lea in 2015, dating back to 2009 if the data was available.
Impact of Community Design Improvements:
• Added more than nine miles of new sidewalks and three miles of bike lanes.
• More than a dozen businesses relocated to downtown Albert Lea.
• Outdoor dining facilities created by three restaurants. • 96% increase in pedestrian traffic on Broadway from 2014 to 2018.
• 38% average increase in biking and walking throughout the community since 2009.
• Ranked above the national and state average for people feeling active and productive according to the July 2014 Gallup- Healthways Well Being Index®.
• More than $2.5 million invested in downtown building permits since 2013.
• 25% increase in property value in the downtown area.
• Year-over-year increase in lodging taxes due to an increase in visitors.
• $400,000 in revenue and a return of a $1.2 million property to taxable status expected from the mixed-use downtown
development.
Impact of Healthier Workplaces:
• 300% increase in funds given to the City of Albert Lea by its insurance carrier for its wellness program in 2014, and medical premium increases avoided for city workers in 2014 and 2015. • $128,000 in health care costs saved by a Blue Zones Project worksite within a year of opening a worksite clinic for its 500 employees.
• The School District experienced no increase in Health Care Premiums and an 11% decrease in prescription costs as a result of their on-site clinic from 2014-2015.
Impact of Healthy Foods Initiative:
• Increase sales of 130.35% from the Health Market, 12% from produce, 35.31% from frozen fruit and vegetables, 52.3% from water, and a decrease of 4.66% in soda sales at the Hy-Vee grocery store from 2009 through 2015.
• 59% increase in concession sales from 2014 through 2018 at City Arena after healthy options were added.
• 60% increase in breakfast participation from 2014 to 2015 in schools where the Grab-n-Go breakfast program was
implemented.
• 17% increased participation in the Healthy Snack Cart program in the 2014 – 2015 school year.
Results of Tobacco Cessation Initiatives:
• Tobacco use eliminated at 550 units of public housing, 14 of the top 20 worksites as well as select other businesses, public parks, county fairs, other outdoor events, and outdoor dining. • Decline in smokers from 23% of adult residents in 2009 to 14.7% in 2016.
• $8.6 million savings in annual health care costs for Albert Lea employers from the decline in smokers.
Additional impact:
• 2.9 projected years added to participants’ lifespan within a year of participating in the Blue Zones Project.
• $120,000 worth of media impact created from being featured in local and nationwide media, publications, and websites. • Jump to 34th place in the Minnesota County Health Rankings (previously 68 out of 87 counties).
• Ranked third in “The top 10 most affordable small towns in the United States that you would actually want to live” by Realtor. com in the fall of 2015 (lakes, parks, walking paths and Blue Zones Project listed as “quality of life” indicators).
Item 3A - Page 51
Confidential. ©2021 Blue Zones, LLC. All Rights Reserved.
EMBARGOED
Objectives: To determine whether employers who adopted Blue Zones Project® interventions had lower medical- claims costs or fewer patients for certain illnesses, and whether their employees had different health attitudes or behaviors, compared to employers who did not adopt any Blue Zones Project interventions.
Study design: Retrospective observational cohort study using medical claims, eligibility, and Healthways Well- Being Assessment (WBA) and Gallup-Healthways Well-Being 5 (WB5) survey data from people receiving medical coverage from Hawaii Medical Services Association (HMSA) over a 48-month period from January 1, 2014, through December 31, 2017 (1,869,480-member months total). Five employers were included in the Blue Zones Project intervention group: Hale Koa, Roya Kona Resort, Castle Medical Center, HMSA, and Foodland.
Six employers constituted the control group: Pinahou School, Zippy’s, Bank of Hawaii, Queens Medical Center, Costco, and Servco.
Methods: Compared slopes of medical costs for selected illnesses from intervention employers to those of control employers. Costs were broken down into each target illness, and comparisons were calculated for each. Target illnesses include anxiety, coronary heart disease, depression, diabetes (Type 2), hypertension, lipoid metabolism, osteoarthritis, sleep apnea, and stroke. Frequency of the diagnosis was also calculated and compared between the intervention and control groups. Changes in health behaviors and attitudes were calculated from average responses to selected well-being survey questions, comparing the respondents’ first responses to their last during the time period.
Results: The intervention group had lower medical-claims costs than the control group before Blue Zones Project interventions were adopted, and these costs became even lower over the four-year period of this study. At the twelfth month, the intervention group’s weighted per-member, per-month (PMPM) cost was $29.17, representing 83 percent of the control group’s per-member, per-month cost of $35.06. By the fourth year, the intervention group’s PMPM cost was $40.59, which was 62 percent of the control group’s PMPM cost of $64.96.
Frequency of the target illnesses was also slightly lower in the intervention group before Blue Zones Project interventions were adopted. However, the intervention group’s frequency diverged further from the control group’s from month 18 onwards. The difference became statistically significant in month 22, then grew until month 30, after which has remained steady (for the final 18 months).
Well-being survey respondents from the intervention group showed improvement in four out of five survey questions analyzed: life evaluation; two self-assessment questions about physical health; and produce consumption. Both control and intervention group respondents slightly worsened on getting adequate exercise, but the decline in the intervention group was less than in the control group.
Conclusions: The intervention group’s trends in costs and frequency of selected illnesses were lower than the control’s at the outset and became even lower during the 48-month time period. The intervention group would have had higher costs and more patients in Year Four if its performance compared to the control group had remained steady; instead, its performance improved, contributing to an estimated savings of $1.8 million. The intervention group also had improvement (or less deterioration) in relevant health attitudes and behaviors compared to the control group.
Analysis of Employer Medical Claims and Well-Being in Hawaii:
A Comparison between Certified Blue Zones Worksites and Blue Zones Project Approved Worksites and a Control Group Health Economy, LLC | February 2019
Item 3A - Page 52
CITY COUNCIL STAFF REPORT
10/27/2022
SUBJECT:
CONSIDERATION AND POSSIBLE ADOPTION OF A POLICY LIMITING THE
NUMBER OF PUBLIC MEETINGS THAT CITY LEGISLATIVE BODIES MAY HOLD
ON THIRD PARTY APPLICATIONS
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, LIMITING THE MAXIMUM NUMBER OF PUBLIC
MEETINGS THAT CITY LEGISLATIVE BODIES MAY HOLD ON THIRD PARTY APPLICATIONS.”
Attachments
Item 3B
CITY COUNCIL STAFF REPORT
DATE: OCTOBER 27, 2022 BUSINESS AND LEGISLATIVE
SUBJECT: CONSIDERATION AND POSSIBLE ADOPTION OF A POLICY LIMITING
THE NUMBER OF PUBLIC MEETINGS THAT CITY LEGISLATIVE
BODIES MAY HOLD ON THIRD PARTY APPLICATIONS
FROM: Teresa Gallavan, Interim City Manager
BY: Flinn Fagg, Deputy City Manager
SUMMARY:
This is a request for adoption of a policy to limit the number of times a City legislative body may consider an application by a third party without taking final action on the application. This policy is in response to an earlier request by the City Council that was included as part of a discussion regarding the streamlining of application approvals.
RECOMMENDATION:
Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, LIMITING THE MAXIMUM NUMBER OF PUBLIC
MEETINGS THAT CITY LEGISLATIVE BODIES MAY HOLD ON THIRD PARTY APPLICATIONS.”
BACKGROUND:
The City does not regulate, either by ordinance or otherwise, the number of public meetings that may be held concerning third- party applications. There are examples in state law relative to zoning entitlements and buildings permits where caps have been set on the number of hearings or allowable timeframe for approvals. This precedent serves as a basis for the City to consider similar limitations.
On January 30, 2022, the City Council received a report from staff regarding the streamlining of various zoning processes, including a recommendation regarding a limitation on the number of times an entitlement application could be heard by the Planning Commission or Architectural Review Committee. Concerns had been raised historically about applications that were continued by a board or commission on multiple occasions, leading to unpredictability in application processes. The recommendation provided by staff at that meeting was to test the meeting cap policy in practice with the Item 3B - Page 1
City Council Staff Report
October 27, 2022 -- Page 2
Continuation Policy – Legislative Bodies
Planning Commission and Architectural Review Committee; Planning staff implemented this practice in December 2020 and has generally noted positive results from the meeting cap.
STAFF ANALYSIS:
The proposed policy, included as an attachment to this staff report, proposes the City’s legislative bodies shall be limited to no more than three public meetings on a particular matter or application without reaching a final decision. The term “legislative bodies” is defined as any City board, commission, committee, subcommittee, or hearing officer that has jurisdiction over third-party applications, including the City Council. The meeting cap only applies to third- party applications submitted to the City and does not include any matter that has been initiated by staff, City Council, or any City legislative body. The proposed policy also provides an option for applicants to waive the three- meeting cap, which is useful where the applicant may want to provide additional information or revised application materials to address City or citizen concerns. The policy does not impact the City Council’s ability to call up an item under consideration by a board or commission in accordance with Palm Springs Municipal Code Section 2.06.030 (Councilmember Review of Decisions) or Palm Springs Zoning Code Section 94.10.00 (Review by Councilmember).
The policy also addresses any claims brought forward by a third-party applicant regarding a violation of the policy. Violation of the policy will not invalidate any action of a City legislative body, nor will a violation confer any right or remedy upon the applicant that is not already provided under the municipal code. The policy is merely intended to serve as a limit to the number of continuances allowed and to streamline approval of entitlement applications or any third-party application.
FISCAL IMPACT:
There is no direct fiscal impact relative to the adoption of this policy; however, there may be savings in staff time that result from reducing the number of times that items must be prepared for public meeting agendas.
REVIEWED BY:
Deputy City Manager: Flinn Fagg
City Attorney: Jeffrey S. Ballinger
City Manager: Teresa Gallavan
ATTACHMENTS:
A. Resolution
Item 3B - Page 2
ATTACHMENT A
Item 3B - Page 3
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA , LIMITING THE MAXIMUM
NUMBER OF PUBLIC MEETINGS THAT CITY
LEGISLATIVE BODIES MAY HOLD ON THIRD PARTY
APPLICATIONS
WHEREAS, California Senate Bill 330 (Chapter 654, Statutes of 2019) (“SB 330”) added Section 65905.5, and limits cities to a maximum of five hearings in connection with the consideration of a proposed housing development project where the application is otherwise deemed complete; and
WHEREAS, the City Council desires to streamline the administration of all matters (i.e., not just housing development projects) before the City Council and its subordinate bodies, including, but not limited to, its boards, commissions, committees, and subcommittees (whether standing or ad hoc) (its “Legislative Bodies”); and
WHEREAS, Legislative Bodies sometimes continue consideration of particular matters before them to future meetings, resulting in additional delays and uncertainty i n the consideration of submitted matters; and
WHEREAS, the City Council desires to limit the frequency with which matters are continued, delayed, or otherwise deferred by its Legislative Bodies, where such matters’ applications are otherwise complete.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. T hat the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The following Policy is hereby adopted:
A. It is the policy of the City Council that the City’s Legislative Bodies shall not conduct more than three (3) meetings on a particular matter before them without reaching a final disposition on that particular matter. For purposes of this policy, a rejection of a matter, whether on the merits of the application or on account of any procedural deficiency(ies) in its prosecution, shall constitute a final disposition.
B. For purposes of this policy, the term “ meeting” includes any meeting (as defined by the Ralph M. B rown Act), public hearing, workshop, or si milar meeting conducted by any C ity Legislative Body with respect to a matter submitted by a third-party, whether such meeting is held by the City Council, the Planning Commission, or any board, commission, or any other hearing officer or body of the City, or any committee or subcommittee thereof.
Item 3B - Page 4
Resolution No. _____
C. This policy applies to every matter before any City Legislative Body that has been initiated by application or request of a third-party. This policy does not apply to any matter that has been initiated by City Council, City Staff or any City Legislative Body.
D. Violation of this policy shall not serve to invalidate any action of the City Council or any other City Legislative Body. Nor shall any violation of this policy either create or confer any right or remedy in or upon an applicant, complainant, third party, or any other member of the public. Instead, this policy is an expression of the City Council’s desire to minimize the number of meetings that third-party applications will be subject to.
E. This policy does not limit, and the City Council reserves, any and all rights of the City Council to call up before itself any matter then pending before any Legislative Body.
F. Nothing in this policy precludes any thi rd-party applicant from agreeing to additional meetings, as otherwise limited by this policy.
SECTION 3. This Resolution shall take effect immediately, and shall apply to all third-party applications deemed complete after July 1, 2022.
ADOPTED THIS ___TH DAY OF ________________, _________.
TERESA GALLAVAN
INTERIM CITY MANAGER
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 3B - Page 5
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Item 3B - Page 6
CITY COUNCIL STAFF REPORT
10/27/2022
SUBJECT:
PROPOSED TURF CONVERSION MATCHING REBATE
RECOMMENDATION:
Approve an appropriation of $150,000 from the Sustainability Fund to provide a match to DWA’s rebate of $3/square foot, ensuring that a total of $6/square foot would be available to eligible projects, with the following limitations:
Projects would receive no more than $5,000 in City rebate funding per project; Projects using artificial turf would not receive the rebate funding; $100,000 will be allocated for HOAs and $50,000 would be allocated for individual residences; and
The program will continue to be administered by DWA.
Attachments
Item 3C
CITY COUNCIL STAFF REPORT
DATE: OCTOBER 27, 2022 BUSINESS & LEGISLATIVE
SUBJECT: PROPOSED TURF CONVERSION MATCHING REBATE
FROM: Teresa Gallavan, Interim City Manager
BY: Office of Sustainability
SUMMARY:
The City of Palm Springs has received requests from residents to consider offering rebate funds that would match funds offered by Desert Water Agency (DWA) to incentivize turf conversion. The Sustainability Commission has recommended supporting the existing DWA program with additional matching funds to encourage more residents and homeowners’ associations (HOAs) to remove grass from their lawns.
RECOMMENDATION:
Approve an appropriation of $150,000 from the Sustainability Fund to provide a match to DWA’s rebate of $3/square foot, ensuring that a total of $6/square foot would be available to eligible projects, with the following limitations:
- Projects would receive no more than $5,000 in City rebate funding per project; - Projects using artificial turf would not receive the rebate funding; - $100,000 will be allocated for HOAs and $50,000 would be allocated for individual residences; and
- The program will continue to be administered by DWA.
BACKGROUND:
Turf conversion projects, which can include everything from reducing grass coverage in an outdoor area to a full conversion to xeriscaping or desertscaping, provide multiple environmental benefits. Chief among them is a reduction in short - and long-term water use, with lawns that are converted to xeriscapes reducing their total home water use by roughly 30% per year (with a reduction in water used for landscaping of over 70% per year). Turf conversions can also increase native vegetation and habitats for local wildlife.
From 2011 to 2016, the City of Palm Springs operated a turf conversion program that was referred to as a “lawn buyback program.” The City provided grants up front with a cap and cash match requirements.
Item 3C - Page 1
City Council Staff Report
October 27, 2022 -- Page 2
Turf Conversion Rebate Match
In a report from 2016, the City estimated roughly 10 million gallons per year of savings across the 110 supported projects, 70 of which were single-family homes and 40 of which were HOAs. While roughly $150,000 per year was budgeted for the program, approximately $140,000 was awarded between FY11-12 and FY15-16.
DWA began offering their current turf replacement rebate program in 2016. Property owners of single-family residences, HOAs, and commercial properties are eligible for a $3 per square foot rebate on qualifying projects. The program’s guidelines are available
on their website and cover the maximum allowable flow rate (.33 gallons per minute or less for any irrigation), types of plants and coverings allowed and required, and guidelines on receiving the rebate. This year, the program has 100 projects approved and active and another 40 in the approval pipeline. Since drought conditions are prevalent this year, DWA is seeing more applications. Based on data collected over the past few years of running the program, the average cost of turf conversions hovers around $7 per square foot, with estimates of around $6 per square foot for projects completed independently and roughly $8 per square foot for projects including a contractor. Most projects funded by DWA come from HOAs (roughly 70%) and are approximately 1500 square feet in size.
This year, the City of Rancho Mirage is offering matching rebates to encourage further turf conversions in their municipality. The City of Rancho Mirage offers $3 per square foot, or a 100% match to the Coachella Valley Water District (CVWD)’s rebate, for residential customers and $1 per square foot for commercial and HOAs. The program has been immensely popular – the initial allocation of $500,000 to the program has been claimed.
Early application reviews indicate that HOAs have been taking advantage of this program.
Recently, the City of Palm Desert allocated $750,000 for a 100% match ($3 per square foot) for residential properties and $250,000 for a 100% match for commercial properties.
The City of Indian Wells allocated $500,000, split $300,000 for residential projects and $200,000 for HOAs, to a 100% match at the beginning of October.
Staff has received over 50 unique inquiries from residents this fiscal year inquiring about additional matching funding from the City for Palm Springs residents.
STAFF ANALYSIS:
City staff have identified $150,000 in funding that could be allocated from the current fiscal year budget and would anticipate making a budget request in future years.
In order to maintain consistency with DWA’s and other neighboring programs, and to maximize the likelihood of project completion, staff generally recommends offering rebates instead of project grants.
The Sustainability Commission, in its meeting on October 18, 2022, reviewed possible rebate matches of $1, $2, and $3 per square foot based on costs per project, projected water and financial savings per project, and the number of projects that could be supported. Given the amount of funding available compared to the number of possible Item 3C - Page 2
City Council Staff Report
October 27, 2022 -- Page 3
Turf Conversion Rebate Match
projects, the Commission prioritized a simple program that would provide the greatest level of incentive to encourage projects that would otherwise be unlikely to happen, such as those in HOAs with large lawns and limited financial reserves for such projects. For this initial year of the matching program, the Commission recommends prioritizing residential conversions, splitting the available funding with $100,000 going to residential HOA projects and $50,000 for single-family residential projects.
For consistency with other Sustainability efforts, the Commission recommends against supporting any projects featuring artificial turf, which is usually made from plastic. The Commission also recommended capping the funding available per project so that multiple projects could benefit. If all projects were to reach the cap of $5000 per project, 20 HOAs and 10 residences will benefit, though based on numbers reviewed with DWA, most small residential projects will not reach the $5000 rebate cap due to smaller sizes so more than 10 projects are likely to benefit. Based on baseline estimates for full xeriscape or desertscape conversions, we can estimate over 2 million gallons of water per year will be saved after these conversions are completed.
Since the program has been designed to mirror DWA’s as closely as possible, DWA has also agreed to administer the program by processing applications, monitoring, and issuing checks directly to project owners. Due to the small differences in eligibility recommended by the Commission, City and DWA staff recommend launching the expanded rebate on or around the beginning of December to give staff time to update applications and processing software (and to allow residents time to prepare their projects and applications).
ALIGNMENT WITH STRATEGIC PLANNING:
This program aligns with Council Priority #2A – Accelerate the Climate Action Plan with high-value projects and initiatives.
FISCAL IMPACT:
Staff are requesting an initial allocation of $150,000 from the Sustainability Fund for this fiscal year and would anticipate making a budget request for future years. Due to alignment and coordination with DWA for program implementation, no impact on City staffing is expected beyond incorporating outreach into existing plans.
Item 3C - Page 3
City Council Staff Report
October 27, 2022 -- Page 4
Turf Conversion Rebate Match
REVIEWED BY:
Department Director: Lindsey-Paige McCloy
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Minutes excerpt from Sustainability Commission meeting on October 18, 2022 B. Before-and-after photos from recent turf conversions funded by DWA Item 3C - Page 4
ATTACHMENT A
Item 3C - Page 5
EXCERPT OF MINUTES
At the Sustainability Commission meeting of the City of Palm Springs , held October 18, 2022, the Sustainability Commission took the following action:
D2. NEW BUSINESS – TURF CONVERSION:
Sustainability Director Lindsey-Paige McCloy presented program design options for a possible match to the Desert Water Agency (DWA)’s turf conversion rebate. Commissioners reviewed past program involvement and conditions, and Commissioners Freedman, Baker, and Torrens shared their experiences working with the City’s previous program and with DWA’s current program. Commissioners discussed the appropriate division of the available $150,000 between property types – commercial, residential, and HOA – and the possible match amounts - $1, $2, or $3 – seeking to identify the simplest program design that would incentivize effective and visible projects. Commissioners confirmed that DWA’s current program allows artificial turf, which the Sustainability Commission prefers to not support due to its being made of plastic. Commissioners also reviewed possible caps to the matching funding to ensure that more than one project could take advantage of the funding. Finally, commissioners reviewed options for future programs that would prioritize funding for low-income residents.
ACTION: Commissioner Freedman introduced a motion to recommend a program to the City Council that:
• matches the current DWA rebate of $3/square foot, resulting in a total $6/square foot reimbursement
• allocates $150,000 for the remainder of FY22-23, divided $100,000 for HOAs and $50,000 for single-family homes or small residential • caps matching funding at $5,000 per project, whether HOA or single - family
• supports projects with little to no artificial turf
• continues to be administered by DWA, with DWA disbursing the City funds
Commissioner Baker provided a second in support of the motion.
I, Lindsey-Paige McCloy , Director of the Office of Sustainability for the City of Palm Springs, hereby certify that the above action was taken by Sustainability Commission of the City of Palm Springs on the 18
th day of October, 2022, by the following vote:
AYES: Chair Baker, Vice-Chair Evans, Commissioner Baker, Commissioner Freedman, Commissioner Torrens
NOES: None
ABSENT: Commissioner Futterman
Item 3C - Page 6
Sustainability Commission Minutes - Excerpt
City of Palm Springs
18 October 2022
2 __________________________________________
Lindsey-Paige McCloy
Director, Office of Sustainability, City of Palm Springs
Item 3C - Page 7
ATTACHMENT B
Item 3C - Page 8
Recent Turf Conversion Projects Funded by DWA
Single Family Home, Before and After
Villa de las Flores HOA, Before and After
Item 3C - Page 9
CITY COUNCIL STAFF REPORT
10/27/2022
SUBJECT:
DISCUSSION REGARDING FILLING AN UNSCHEDULED VACANCY ON THE CITY
COUNCIL
RECOMMENDATION:
1. Receive and file a Memorandum from the City Attorney dated October 19, 2022.
2. Discuss options for filling a potential unscheduled vacancy.
3. Provide direction to Staff.
Attachments
Item 3D
CITY COUNCIL STAFF REPORT
DATE: OCTOBER 27, 2022 BUSINESS & LEGISLATIVE
SUBJECT: DISCUSSION REGARDING FILLING AN UNSCHEDULED VACANCY
ON THE CITY COUNCIL
FROM: Teresa Gallavan, Interim City Manager
BY: Brenda Pree, City Clerk
SUMMARY:
This item p rovides the City Council the opportunity to discuss options for filling a potential unscheduled vacancy; solicit community input; and provide direction to staff as appropriate.
RECOMMENDATION:
1. Receive and file a Memorandum from the City Attorney dated October 19, 2022.
2. D iscuss options for filling a potential unscheduled vacancy.
3. Provide direction to Staff.
BACKGROUND:
Palm Springs City Councilmember Christy Holstege is currently running for California’s 47 th State Assembly District seat in the upcomi ng Statewide General Election on November 8, 2022. Should Councilmember Holstege be elected to the State Assembly, the City Council would need to decide how to fill the vacancy.
STAFF ANALYSIS:
The City Attorney has provided a memorandum ( Attachment A ) detailing State and local requirements and exploring options to fill the potential vacancy, either by appointment or special election. To fill the vacancy by special election, the City must follow the timing requirements provided by state law. Various timing scenarios for appointment and special election are outlined in the attached memorandum depending upon when the vacancy may occur.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the City Council’s priorities around Good Governance.
Item 3D - Page 1
City Council Staff Report
October 27, 2022 -- Page 2
Discussion Re Filling a City Council Vacancy
FISCAL IMPACT:
The cost to administer a local election varies and can range from approximately $35,000 to $90,000. An estimate has been requested from Riverside County and will be provided to the City Council at a later date.
REVIEWED BY:
Department Director: Brenda Pree
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. City Attorney Memorandum
Item 3D - Page 2
55575.18000\40786111.1
3200 E. Tahquitz Canyon Way • Palm Springs, California 9 2263-2743
Office of the City Attorney
3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 Tel: 760.323.8219 • Fax: 760.322.8317 • TDD 760.864.9527 • www.palmspringsca.gov
M E M O R A N D U M
To: Hon. Mayor and City Councilmembers
Cc: Teresa Gallavan, Interim City Manager
From: Jeffrey S. Ballinger, City Attorney
Date: October 19, 2022
Re: Filling a City Council Vacancy
INTRODUCTION
Palm Springs City Councilmember Christy Holstege is currently running for California’s 47th State Assembly District seat in the upcoming Statewide General Election on November 8, 2022. If she wins the Assembly seat, there will be a vacancy on the Palm Springs City Council, either immediately when she swears into State office on December 5, 2022 1 or if she tenders her written resignation to the City Clerk on a date prior to assuming the new office. 2 At the same time, three other Council seats are up for election. This memorandum details the state and local law that governs how the vacancy may be filled and what procedures must be followed.
ANALYSIS
A. State Law and Local Requirements and Procedures
The general rules for filling City Council vacancies are provided by California Government Code section 36512(b). However, under their Constitutional “home rule” powers, charter cities such as Palm Springs are empowered to adopt different local rules in their charters and ordinances, particularly with respect to the election and appointment of local officers. (California Constitution, article XI, section 5(b).) As noted below, Palm Springs has done so to an extent.
1 Under California Constitution, Article IV, section 2(a)(3), a State Assembly officer assumes office on the first Monday in December after his or her election – December 5, 2022. We further note that logistical delays can happen in finalizing election results, particularly with statewide general elections, so this date may be extended several days. That said, for purposes of this Memorandum, we will assume that final election results arrive on schedule to allow swearing in on December 5, 2022. On the other hand, it is likely that the Riverside County Registrar will not have certified the local election results in time for the newly elected Council to be sworn in to their Council seats by December 5, 2022. Instead, they will likely be sworn in at the City Council meeting on Thursday, December 15, 2022.
2 The City Charter and Code are silent on when a Council vacancy occurs. However, State law (Gov. Code, § 1770(c).) provides that a vacancy occurs upon the Councilmember’s service of a letter of resignation to the City Clerk. The letter may specify a later effective date of the resignation (e.g., upon appointment of a successor), but the vacancy will commence upon service on the letter. Informal or public announcements of resignation do not trigger a vacancy until the letter is served on the City Clerk.
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Post Office Box 27 43 • Palm Springs, California 9 2263-2743
Therefore, the applicable procedure for filling a City Council vacancy is a combination of State and local law.
Under Section 36512(b), the general rule (at least for general law cities or charter cities that have not legislated on the issue) is that a city council must either fill the vacancy by appointment or call a special election to fill the vacancy within 60 days from the commencement of the vacancy.
To an extent, Palm Springs has set different rules for filling Council vacancies, as authorized under its charter authority. And, where state law and the City Charter differ, the Palm Springs City Charter will govern.
1. Palm Springs City Charter – Appointment vs. Election Section 305 of the City Charter provides for vacancies in City Council seats. It reads, in pertinent part,
“A vacancy in the city council, from whatever cause, may be filled by appointment by a majority of the remaining members of the city council, or by special el ection.
Any person appointed or elected to fill a vacancy in the city council shall serve the remaining unexpired term of the office. In the event it shall fail to fill a vacancy by appointment within forty-five days after such office shall become vacant , the city council shall cause an election to be held forthwith to fill such vacancy. If [the] city council calls a special election to fill the vacancy, the city council may make an interim appointment to fill the vacancy until the date of the special el ection. The times and procedures for the calling of any special election to fill a city council vacancy may be established by ordinance.”
2. Which City Council Decides Whether to Appoint vs. Call an Election? The City Charter provides that the vacancy is to be filled either by appointment or by special election within 45 days following the commencement of the vacancy, rather than 60 days as provided by State law. However, given that the City Council make up may change in mid- December, when new Councilmembers are sworn in, the first issue is which City Council can vote on the decision whether to appoint or hold an election. That is, is that decision made by the currently constituted City Council or by the newly elected City Council in mid-December? With regard to the initial decision of whether to appoint or call an election, the City Charter does not expressly specify which City Council makes that decision. In this regard, the Charter’s language “of the remaining members of city council” is not used when referencing calling an election. It is , however, used when referencing the appointment option. The omission of this language when referencing the election option would be interpreted by a court to mean that the current City Council could vote to call an election to fill the vacancy in her seat. For instance, theoretically, the currently constituted City Council could vote on November 29 th3 to call an
election, assuming that Councilmember Holstege has tendered her letter of resignat ion by that time and has legally created the vacancy.
3 The December 1, 2022 City Council meeting has been moved to Tuesday, November 29, 2022.
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Post Office Box 27 43 • Palm Springs, California 9 2263-2743
That said, we would also point out that a newly elected Council could, once sworn in on December 15, cancel that special election and fill the vacancy by appointment. Any such action must be taken in time to meet the 45-day deadline under the Charter, and, depending upon when the special election was scheduled, in time to meet deadlines imposed to cancel ballot printing.
No provision of the Charter extends the 45- day deadline due to the swearing i n of new Councilmembers.
On the other hand, the City Charter provides that any person appointed to fill the vacancy “shall serve the remaining unexpired term of the office.” While a future Council could cancel an already-called special election before it got underway in earnest, an appointment decision, once made, would most likely be irrevocable. Therefore, a future Council would not be able to reverse a prior Council appointment once made.
3. May Councilmember Holstege Vote on Her Successor?
In this regard, the Charter states that “ the remaining members of city council” are the ones who vote on an appointment. This draws a clear distinction between the vacating incumbent and her remaining colleagues on the Council. Thus, Councilmember Holstege would not be able to vote on the decision of who will fill her vacated Council seat. 4 Instead, the
remaining members of City Council must make that appointment.
4. What Happens in the Event of a Tie Vote?
In the event of a tie vote among the members of City Council on a motion, either to fill the seat by holding a special election, to fill by appointment, or on the actual appointment itself, the motion will fail. Under the City’s Rules of Procedure, an affirmative vote is required to pass any motion.
5 For example, for a decision voted on by five Councilmembers, the motion would have to pass by a 3-2 vote. For a decision involving four Councilmembers, it would have to be a 3- 1 vote. Without an approved motion, the seat would remain vacant.
If a decision is not rendered within 45 days following the vacancy, the Charter indicates that the City Council loses its power to appoint a successor to fill the entire remaining term. The only remaining option is to “forthwith” call a special election. Although an interim appointment to fill the seat pending a special election in 2023 is possible, an appointment to fill the seat until November 2024 would be foreclosed under the Charter.
4 While state law allows for a resigning City Councilmember in a by -district city to vote on their appointed replacement, the City Charter does not allow for such and, under the City’s “home rule” powers, the Charter would govern over State law.
5 The City Council’s Rules of Procedure provide that tie votes shall be lost motions, though if a tie vote occurs on any matter when less than all members of the City Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the City Council. (Res. 24189, § 7.7.)
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In this regard, neither the City’s Charter nor State law vest s the appointment/special election decision in any other body besides the City Council if it fails to decide within the 45 days.6
To avoid this outcome, the City Council should promptly take action to fill the vacancy as provided in the City Charter within the 45 day timeline.
5. Appointment Timing
Under the City’s Charter, an appointment must be made within forty -five (45) days following the date on which the office becomes vacant. If this appointment is not made by this deadline, then the Council loses the power to appoint under the City Charter, as provided above, and an election must be called “forthwith” to fill the seat.
If Councilmember Holstege is elected and vacates her Council seat by swearing in to State office on December 5, 2022, then the City Council may appoint someone to fill the vacancy until January 19, 2023 (expiration of the 45-day deadline). The appointment could be made by the remaining four members of the current ly constituted City Council, or at a later meeting in December or January when the newly elected Council will be sworn in and seated.
If Councilmember Holstege tenders her resignation letter to the City Clerk on a date to be effective prior to December 5, 2022, that would start the 45-day time period earlier.
6. Special Election Timing
If the City Council acts to call a special election to fill the vacancy, Section 305 of the City Charter provides that “the times and procedures for the calling of any special election to fill a city council vacancy may be established by ordinance”. However, the Palm Springs Municipal Code is silent on the issue of election timing and procedures. (Palm Springs Municipal Code Chapter
2.02.)
7 Therefore, we look to state law for guidance, bringing us back to California Government Code section 36512.
Section 36512 provides that a special election must be held on the next regularly established election date, which is not less than 114 days following the call of the special election. The next two regularly established special election dates would be March 7, 2023 and November 7, 2023. As indicated in the attached table, a March 7, 2023 special election date may not be practical as it would require calling the special election just two days after the November 8, 2022 Statewide election. R esults of the Assembly race will likely only be preliminary at that time.
There are also two optional all -mail-ballot election dates that are available in between – May 2, 2023 and August 29, 2023. (Elections Code sections 1000, 1500 and 4004.) Elections
6 It is different with special districts, where the County Board of Supervisors or local city council can take over the vacancy appointment/special election decision if a district board of directors fails to timely act. (Gov. Code, § 1780(f).)
7 The City Council could adopt an ordinance providing for the timing and procedures for such a special election.
However, if the Council is so inclined, then it would be advisable to adopt such ordinance before the election is called, since courts disfavor changing the rules of elections after the election has been called.
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Code section 4004 authorizes the City Council to call a special election that would be conducted wholly by mail ballot.
The May 2, 2023 all -mail-ballot special election is an option, provided the Council calls the election by Friday, January 8, 2023. After that, the next available date is another al l-mail- ballot option on August 29, 2023. If the Council declines to conduct an all-mail-ballot election to fill the vacancy, then the next regularly established election date to hold the special election would be November 7, 2023. See the attached Exhibit “A” for possible election date scenarios.
7. What if No Appointment is Made or Election Called?
Should the Council be unable to reach a decision on an appointment or special election, the office would remain vacant. T here are two other consequences. First, after 45 days, the City Council loses its power to appoint under the Charter and must “forthwith” call a special election to fill the seat as its only option. Although an interim appointment to fill the seat pending a special election in 2023 is possible, an appointment to fill the seat until November 2024 would be foreclosed under the Charter due to delay. Secondly, the City c ould be subject to a court requiring that the Council take action to call a special election to fill the vacated seat.
8. A Few Miscellaneous Considerations regarding Appointments Finally, a few miscellaneous matters – Palm Springs Municipal Code section
2.02.005(A)(2) provides that “any Councilmember elected or appointed to represent a district must reside in that district and be a registered voter in that district…[.]” Section 305 of the Charter further provides that any person appointed or specially elected to fill a vacancy in the city council will serve the remaining unexpired term of the office – until November 2024 in this case.
State law does not authorize the Council to appoint someone to fill the vacancy pending the special election. However, the City’s Charter expressly authorizes the City Council to “make an interim appointment to fill the vacancy until the date of the special election.” (Palm Springs City Charter, section 305.)
CONCLUSION
If Councilmember Holstege is elected to the State Assembly, then, upon her letter of resignation or swearing into State office, pursuant to the City Charter, the Council will have forty- five (45) days to appoint a successor or call a special election to fill the seat. If they do not render a decision within 45 days, they must “forthwith” call a special election to fill the seat.
Anyone appointed or elected to that seat will serve for the remainder of the term. To fill the vacancy by special election, the City must follow the timing requirements provided by state law.
Various timing scenarios for appointment and special election are outlined above depending upon when the vacancy may occur.
If you have any further questions, please do not hesitate to contact us.
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Post Office Box 27 43 • Palm Springs, California 9 2263-2743
Exhibit “A” – Possible Special Election Date Scenarios
Service of
Resignation Letter
Special Election
Must Called By
Special Election
Date
Election Type
Before 11/10/22 Nov. 10, 2022 March 7, 2023 Special municipal election
Any time after
11/10/22, or swears
into office on or
about 12/5/22
January 8, 2022* May 2, 2023 Special municipal
election - All-mail
ballot (optional)
Any time after
11/10/22, or swears
into office on or
about 12/5/22
May 7, 2023* August 29, 2023 Special municipal
election - All-mail
ballot (optional)
Any time after
11/10/22, or swears
into office on or
about 12/5/22
July 16, 2022* November 7, 2023 Special municipal
election
*Connotes that date falls on a Sunday.
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