Agenda packet — Palm Springs City Council, October 27, 2022 (part 1 of 3)

CITY OF PALM SPRINGS, CALIFORNIA

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

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

REGULAR MEETING AGENDA
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person public access to the meeting location.

OCTOBER 27, 2022

3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING

Lisa Middleton, Mayor
Grace Elena Garner, Mayor Pro Tem
Christy Gilbert Holstege, Councilmember
Geoff Kors, Councilmember
Dennis Woods, Councilmember

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

Please note, any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting. At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items, and determine which agenda items will be considered before the 11:00 p.m.

Adjournment time.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

3:30 P.M. CLOSED SESSION

CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: The City Council welcomes public input. Members of the public may address the City Council by calling 760-323-8204 to register prior to the meeting. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist, please see the City Clerk for additional information.

RECESS TO CLOSED SESSION: See Closed Session Agenda.

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

A. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES

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

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) October 27, 2022 City Council Regular Meeting Agenda 2 PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing and testimony on non-agenda items will be taken at the end of the meeting. You may register to speak by submitting a speaker card to the City Clerk at the meeting or by calling 760-323-8204 to register for virtual participation.

All requests to speak must be submitted to the City Clerk prior to the close of the applicable public testimony period.

1. CONSENT CALENDAR:

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

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

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

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

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 09-03-22 AND 09-17-22 TOTALING $4,273,065.59 AND ACCOUNTS PAYABLE WARRANTS DATED 09-01-22 AND 09-15-22 TOTALING $6,027,934.94, IN THE AGGREGATE AMOUNT OF $10,301,000.53, DRAWN ON BANK OF AMERICA."

C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF AUGUST 1 THROUGH AUGUST 31, 2022
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of August 1 through August 21, 2022.

D. INTRODUCTION OF AN ORDINANCE TO AMEND SECTION 16.36.020 OF THE

PALM SPRINGS MUNICIPAL CODE RELATING TO THE CONDUCT AND

APPEARANCE OF AIRPORT COMMERCIAL VEHICLE OPERATORS
RECOMMENDATION:

Waive the reading of the ordinance text in its entirety, read by title only, and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 16.36.020

OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE CONDUCT October 27, 2022 City Council Regular Meeting Agenda 3 AND APPEARANCE OF AIRPORT COMMERCIAL VEHICLE OPERATORS.”

E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2068 OF THE CITY

OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 9.62.055 AND PALM SPRINGS ZONING CODE SECTION

93.23.21 RELATIVE TO THE DEVELOPMENT STANDARDS FOR URBAN LOT SPLITS AND TWO-UNIT RESIDENTIAL DEVELOPMENTS (CASE 5.1548 ZTA) RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2068, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9.62.055 OF THE PALM SPRINGS MUNICIPAL CODE AND SECTION 93.23.21 OF THE PALM

SPRINGS ZONING CODE RELATING TO URBAN LOT SPLITS AND TWO-UNIT

PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.”

F. SECOND READING AND ADOPTION OF ORDINANCE NO. 2069 CHANGING THE ZONING DESIGNATION OF ‘SINGLE FAMILY RESIDENTIAL (R-1-D)’ TO ‘SINGLE-FAMILY RESIDENTIAL (R-1-E)’ FOR THE SUBDIVISION OF A

6.44-ACRE LOT INTO THIRTY-ONE (31) SINGLE-FAMILY RESIDENTIAL

PARCELS FOR FUTURE DEVELOPMENT AT THE EAST TERMINUS OF

VERONA ROAD
RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2069, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1527 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONING DESIGNATION OF ‘SINGLE FAMILY RESIDENTIAL (R-1-D)’ (7,500-SQUARE FOOT LOT) TO ‘SINGLE-FAMILY RESIDENTIAL (R-1-E)’ (5,000-SQUARE FOOT LOT) FOR THE SUBDIVISION OF A 6.44-ACRE LOT INTO THIRTY-ONE (31) SINGLE-FAMILY

RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT THE EAST
TERMINUS OF VERONA ROAD.”

G. LETTER OF SUPPORT – CV RAIL FEDERAL GRANT APPLICATIONS RECOMMENDATION:

Approve the letter of support.

H. ARCTIC WOLF SECURITY OPERATIONS CLOUD AND CONCIERGE

SECURITY OPERATIONS CENTER SOLUTIONS AGREEMENT
RECOMMENDATION:

Authorize the Interim City Manager to execute all necessary documents.

I. APPROVE AN AGREEMENT WITH R.E. CHAFFEE CONSTRUCTION, INC. (A9243) FOR SEWAGE PUMP SYSTEM
RECOMMENDATION:

Approve Contract Services Agreement A9243 with R.E. Chaffee Construction, Inc., in an amount not to exceed $103,438.51 to provide a new basement sewage pump system at the Palm Springs Police Department.

1. October 27, 2022 City Council Regular Meeting Agenda 4 Authorize the Interim City Manager or designee to execute all necessary documents.

2. J. APPROVE SERVICES AGREEMENT WITH OTIS ELEVATOR COMPANY (A9252) FOR ELEVATOR MAINTENANCE, MANAGEMENT AND

PREVENTATIVE MAINTENANCE PROGRAM IN AN AMOUNT NOT TO
EXCEED $21,852.52
RECOMMENDATION:

In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” approve Contract Service Agreement A9252 (Attachment A) with Otis Elevator Company in an amount not to exceed $21,852.52, beginning November 1, 2022, through October 31, 2023.

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

2. K. APPROVAL OF LICENSE AGREEMENT NO. A9239 WITH READY CREDIT

CORPORATION FOR THE OPERATION OF AN AUTOMATED PREPAID DEBIT

CARD DISPENSING MACHINE AT THE PALM SPRINGS INTERNATIONAL

AIRPORT
RECOMMENDATION:

Approve a License Agreement (A9239) with Ready Credit Corporation for the operation of an automated prepaid debit card dispensing machine at the Palm Springs International Airport for a three-year term beginning October 1, 2022, through September 30, 2025, with two one-year extension options.

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

L. APPROVE SERVICE AGREEMENT NO. A9241 WITH J & L AUTO BODY INC.

FOR AUTO BODY REPAIR SERVICES
RECOMMENDATION:

Approve Contract Services Agreement A9241 with J & L Auto Body Inc., to provide auto body repair services in an amount not to exceed $300,000, for the initial three-year term beginning October 27, 2022, through October 26, 2025, with two one-year extension options at the City’s sole discretion.

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

2. M. APPROVE PURCHASE AGREEMENT NO. A9248 WITH HI-GRADE MATERIALS CO. FOR CONCRETE PRODUCTS
RECOMMENDATION:

Approve Purchase Agreement No. A9248 (Attachment A) with Hi-Grade Materials Co. to provide concrete products for an amount not to exceed $90,000 beginning November 1, 2022 through October 31, 2025, with two one-year extension options at the City’s sole discretion.

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

2. October 27, 2022 City Council Regular Meeting Agenda 5 N. AWARD OF A CONSTRUCTION CONTRACT TO GRANITE CONSTRUCTION COMPANY, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $6,962,696 AND A PURCHASE ORDER TO DUDEK INC., IN THE AMOUNT OF $170,000, FOR THE 2022 PAVEMENT REHABILITATION, CITY PROJECT NO. 22-08 RECOMMENDATION:

Award a construction contract to Granite Construction Company, a California corporation, in the amount of $6,962,696 for the 2022 Pavement Rehabilitation, City Project 22-08; and,

1. Authorize the Interim City Manager to approve a purchase order with an ‘on-call’ firm, Dudek Inc., for construction management and inspection services in the amount of $170,000 for the 2022 Pavement Rehabilitation, City Project 22-08; and

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

O. APPROVE SERVICE AGREEMENT NO. A9230 WITH DOWNTOWN SHELL

FOR VEHICLE MAINTENANCE AND REPAIR SERVICES
RECOMMENDATION:

Approve Contract Services Agreement A9230 with Downtown Shell to provide vehicle maintenance and repair services for a three-year term in an amount not to exceed $300,000, beginning October 27, 2022 through October 26, 2025, with two one-year extension options at the City’s sole discretion.

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

2. P. APPROVE EXPENDITURE OF PUBLIC ART FUNDS IN THE AMOUNT OF $286,000 TO RESTORE THE “DESERT HIGHLAND MURAL” BY ARTIST RICHARD WYATT, JR. ON THE SOUTHWEST EXTERIOR WALL OF THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER
Approve the expenditure of Public Art Funds in the amount of $286,000 for the restoration of the “Desert Highland Mural” by artist Richard Wyatt, Jr.

1. Appropriate $286,000 from Fund 150 Public Arts Fund Balance. 2.

Authorize the Interim City Manager to execute all necessary documents to facilitate restoration of the “Desert Highland Mural”.

3. Q. APPROVAL OF AGREEMENT WITH THE CITY OF DESERT HOT SPRINGS

FOR SIGNAL MAINTENANCE OF FOUR SHARED TRAFFIC SIGNALS ALONG

NORTH INDIAN CANYON DRIVE
RECOMMENDATION:

Approve Agreement with the City of Desert Hot Springs for the traffic signal maintenance of four shared traffic signals along North Indian Canyon Road.

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

R. APPROVAL OF A GROUND LEASE AGREEMENT WITH T-MOBILE WEST, October 27, 2022 City Council Regular Meeting Agenda 6 R. 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. S. 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. EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

2. PUBLIC HEARINGS: None

3. BUSINESS & LEGISLATIVE:

A. 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. B. CONSIDERATION AND POSSIBLE ADOPTION OF A POLICY LIMITING THE October 27, 2022 City Council Regular Meeting Agenda 7 B. 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.”

C. 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.

D. 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.

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

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

ADJOURNMENT:

October 27, 2022 City Council Regular Meeting Agenda 8

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

City of Palm Springs )

I, Monique M. Lomeli, Chief Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on October 21, 2022, and posted on the City’s website as required by established policies and procedures.

____________________________
Monique M. Lomeli, CMC
Chief Deputy City Clerk

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

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

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

October 27, 2022 City Council Regular Meeting Agenda 9

CITY COUNCIL STAFF REPORT
10/27/2022
SUBJECT:

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

Attachments
Item 1A

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 27, 2022 CONSENT CALENDAR

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

FROM: Teresa Gallavan, Interim City Manager

BY: Brenda Pree, City Clerk

RECOMMENDATION:

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

BACKGROUND:

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

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

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

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

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

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

FISCAL IMPACT:

There is no fiscal impact associated with this action.

REVIEWED BY:

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

Item 1A - Page 2

CITY COUNCIL STAFF REPORT
10/27/2022
SUBJECT:

APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 09-03-22 AND 09-17-22 TOTALING $4,273,065.59 AND ACCOUNTS PAYABLE WARRANTS DATED 09-01-22 AND 09-15-22 TOTALING $6,027,934.94, IN THE AGGREGATE AMOUNT OF $10,301,000.53, DRAWN ON BANK OF AMERICA."
Attachments
Item 1B
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF

PAYROLL WARRANTS/ DISBURSEMENTS FOR THE
PERIOD ENDING 09- 03-22 AND 09-17-22 TOTALING
$4,273,065.59 AND ACCOUNTS PAYABLE WARRANTS
DATED 09-01-22 AND 09-15-22 TOTALING $6,027,934.94,
IN THE AGGREGATE AMOUNT OF $ 10,301,000.53,
DRAWN ON BANK OF AMERICA.

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

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

Nancy A. Pauley
Director of Finance and Treasurer

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

ADOPTED THIS 27TH DAY OF OCTOBER, 2022
.

TERESA GALLAVAN

INTERIM CITY MANAGER

ATTEST:

BRENDA PREE

CITY CLERK
Item 1B - Page 1
Resolution No. _____

Page 2 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE

CITY CLERK
Item 1B - Page 2

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

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 2,126,136.78
DEFERRED COMP: NATIONWIDE 25,120.63
ICMA RHS CONTRIBUTION 19,637.50
CA DCCS 2,670.04
STATE TAXES 112,420.88
10,500.71
VENDOR WIRE PYMTS 3,940.24
DEFERRED COMP: ICMA 457 39,792.84
LIABILITY CHECK REGISTER 2006171-2006183 26,703.28
PAYROLL DIRECT DEPOSITS 1,485,183.65
FEDERAL TAXES 336,586.75
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 422102, 422116-422125 63,580.26
October 13, 2022
PAYROLL PERIOD ENDING 9/3/2022
PAY DATE: 9/9/2022
Payroll Wires and Warrants Memo for Council 2022.xlsx | 10132022 |9/27/2022 | 11:12 AM (AM) 1 | 1 Item 1B - Page 3

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

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
PAY DATE: 9/23/2022
October 13, 2022
PAYROLL PERIOD ENDING 9/17/2022
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 422126-422140 26,202.29
DEFERRED COMP: ICMA 457 39,242.84
LIABILITY CHECK REGISTER 2006338-2006350 26,680.87
PAYROLL DIRECT DEPOSITS 1,548,026.67
FEDERAL TAXES 333,376.83
STATE TAXES 111,332.83
10,500.71
VENDOR WIRE PYMTS 3,937.60
DEFERRED COMP: NATIONWIDE 25,320.63
ICMA RHS CONTRIBUTION 19,637.50
CA DCCS 2,670.04
TOTAL 2,146,928.81
Payroll Wires and Warrants Memo for Council 2022.xlsx | 10132022 (2) |10/5/2022 | 5:36 PM (AM) 1 | 1 Item 1B - Page 4
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 09/01/2022 16:07
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2006005 09/01/2022 PRINTED 103830 A PLUS ROOFING & CONSTRUC 151,525.00 2006006 09/01/2022 PRINTED 100180 AMERICAN ASSOCIATION OF A 275.00 2006007 09/01/2022 PRINTED 100024 ACE PRINTING 251.28 2006008 09/01/2022 PRINTED 101573 ADVANCE PROPERTY EXPOSURE 6,500.00 2006009 09/01/2022 PRINTED 100345 AIRPORT QUICK WASH 530.00 2006010 09/01/2022 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 270.00 2006011 09/01/2022 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 22,542.00 2006012 09/01/2022 PRINTED 100755 ALTA LANGUAGE SERVICES IN 68.00 2006013 09/01/2022 PRINTED 016176 FERNANDO ALVAREZ 4,394.18 2006014 09/01/2022 PRINTED 103781 AMAZON.COM SALES INC 333.43 2006015 09/01/2022 PRINTED 100383 AMERICAN FORENSIC NURSES 591.70 2006016 09/01/2022 PRINTED 103939 ARCONAS CORPORATION 3,698.12 2006017 09/01/2022 PRINTED 100366 BIO TOX LABORATORIES 1,591.00 2006018 09/01/2022 PRINTED 015789 LAUREN BIXLER 1,498.98 2006019 09/01/2022 PRINTED 100645 BMI - BROADCAST MUSIC INC 391.00 2006020 09/01/2022 PRINTED 015890 BRAD BOKATH 317.25 2006021 09/01/2022 PRINTED 100234 BURRTEC ENVIRONMENTAL 1,980.25 2006022 09/01/2022 PRINTED 100460 CALIFA GROUP 400.00 2006023 09/01/2022 PRINTED 016155 JAVIER CARRILLO 820.00 2006024 09/01/2022 PRINTED 100112 CDW GOVERNMENT INC 32,277.31 2006025 09/01/2022 PRINTED 103543 R E CHAFFEE CONSTRUCTION 159,363.62 2006026 09/01/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2006027 09/01/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2006028 09/01/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2006029 09/01/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2006030 09/01/2022 PRINTED 100353 CHARTER COMMUNICATIONS 99.99 2006031 09/01/2022 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2006032 09/01/2022 PRINTED 100353 CHARTER COMMUNICATIONS 206.04 2006033 09/01/2022 PRINTED 100353 CHARTER COMMUNICATIONS 229.98 2006034 09/01/2022 PRINTED 100353 CHARTER COMMUNICATIONS 319.98 2006035 09/01/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,219.04 2006036 09/01/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,769.00 2006037 09/01/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,319.45 2006038 09/01/2022 PRINTED 100353 CHARTER COMMUNICATIONS 107.98 2006039 09/01/2022 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2006040 09/01/2022 PRINTED 100558 CINTAS CORPORATION 254.38 2006041 09/01/2022 PRINTED 104011 BROOKLYN CIVITARESE 68.17 2006042 09/01/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 11,779.63 2006043 09/01/2022 PRINTED 100387 COACHELLA VALLEY ECONOMIC 3,000.00 2006044 09/01/2022 PRINTED 100205 NANCY K BOHL INC 550.00 2006045 09/01/2022 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 2,866.50 2006046 09/01/2022 PRINTED 103590 COMMERCIAL TRUCK EQUIPMEN 6,192.23 2006047 09/01/2022 PRINTED 100115 DANIELS TIRE SERVICE INC 4,146.74 2006048 09/01/2022 PRINTED 100179 DAVES TOWING SERVICE 294.00 2006049 09/01/2022 PRINTED 100378 STATE OF CA - DEPARTMENT 225.00 2006050 09/01/2022 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 262.00 2006051 09/01/2022 PRINTED 103589 DESERT ARC 40.00 2006052 09/01/2022 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 430.41 2006053 09/01/2022 PRINTED 100609 DIRECTV 43.99 2006054 09/01/2022 PRINTED 100609 DIRECTV 146.99 2006055 09/01/2022 PRINTED 100609 DIRECTV 153.24 2006056 09/01/2022 PRINTED 103953 DIVE MANAGEMENT LLC 58,527.10 Item 1B - Page 5
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 09/01/2022 16:07
User: PatrickW
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2006057 09/01/2022 PRINTED 100296 DLT SOLUTIONS LLC 2,767.12 2006058 09/01/2022 PRINTED 015648 ALAN DONOVAN 108.74 2006059 09/01/2022 PRINTED 100294 DUDEK 17,157.00 2006060 09/01/2022 PRINTED 100054 DESERT WATER AGENCY 3,307.79 2006061 09/01/2022 PRINTED 100054 DESERT WATER AGENCY 4,792.43 2006062 09/01/2022 PRINTED 100054 DESERT WATER AGENCY 111.46 2006063 09/01/2022 PRINTED 100054 DESERT WATER AGENCY 76,812.02 2006064 09/01/2022 PRINTED 100054 DESERT WATER AGENCY 89.99 2006065 09/01/2022 PRINTED 104008 LANDON EHTESHAMZADEH 55.00 2006066 09/01/2022 PRINTED 100305 EISENHOWER MEDICAL CENTER 1,200.00 2006067 09/01/2022 PRINTED 101743 EMPLOYMENT DEVELOPMENT DE 2,704.00 2006068 09/01/2022 PRINTED 103708 EPLUS TECHNOLOGY INC 88,315.22 2006069 09/01/2022 PRINTED 100376 EXPERIAN 77.00 2006070 09/01/2022 PRINTED 104006 FERNANDO FIGUEROA 55.00 2006071 09/01/2022 PRINTED 103949 FRESHWORKS INC 9,556.00 2006072 09/01/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 69.65 2006073 09/01/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 69.65 2006074 09/01/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 60.91 2006075 09/01/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,641.36 2006076 09/01/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,133.60 2006077 09/01/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 12,267.09 2006078 09/01/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 69.65 2006079 09/01/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 139.99 2006080 09/01/2022 PRINTED 100158 GALLS LLC 2,806.30 2006081 09/01/2022 PRINTED 100600 GEOSPATIAL TECHNOLOGIES I 3,885.00 2006082 09/01/2022 PRINTED 100313 GRANICUS INC 826.89 2006083 09/01/2022 PRINTED 100742 THE GREATER COACHELLA VAL 410.00 2006084 09/01/2022 PRINTED 011032 FRANK GUARINO 404.23 2006085 09/01/2022 PRINTED 103998 JANE M GUY 399.00 2006086 09/01/2022 PRINTED 103882 WEATHERBY PARENT LLC 4,995.00 2006087 09/01/2022 PRINTED 100877 WILLIE HOLLAND 34,298.29 2006088 09/01/2022 PRINTED 010884 WILLIAM HUTCHINSON 960.19 2006089 09/01/2022 PRINTED 100494 IMAGE360 - PALM DESERT 1,096.16 2006090 09/01/2022 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 156,880.06 2006091 09/01/2022 PRINTED 100484 INSITE TOWERS LLC 11,863.08 2006092 09/01/2022 PRINTED 103751 JOBELEPHANT.COM INC 100.00 2006093 09/01/2022 PRINTED 100432 MAUREEN KANE AND ASSOCIAT 1,500.00 2006094 09/01/2022 PRINTED 015592 JEANINE KELLY 819.00 2006095 09/01/2022 PRINTED 016028 JEAN-MARIE KEOUGH 60.75 2006096 09/01/2022 PRINTED 103525 KGAY PSP CORPORATION 1,000.00 2006097 09/01/2022 PRINTED 101606 KINCAID INDUSTRIES INC 5,304.44 2006098 09/01/2022 PRINTED 100439 THE LAMAR COMPANIES 1,500.00 2006099 09/01/2022 PRINTED 100012 LEAGUE OF CALIFORNIA CITI 1,000.00 2006100 09/01/2022 PRINTED 100380 LESLIE'S POOL SUPPLIES IN 753.74 2006101 09/01/2022 PRINTED 103753 LIFE INSURANCE COMPANY OF 30,672.28 2006102 09/01/2022 PRINTED 100208 MANAGED HEALTH NETWORK IN 1,142.40 2006103 09/01/2022 PRINTED 100849 MANSFIELD POWER AND GAS L 106,921.91 2006104 09/01/2022 PRINTED 103647 MARINA LANDSCAPE INC 498.75 2006105 09/01/2022 PRINTED 103880 MARINE RESCUE PRODUCTS IN 2,226.04 2006106 09/01/2022 PRINTED 016360 CHELSEA MILLER 212.22 2006107 09/01/2022 PRINTED 016175 CHERIE MILLER 819.00 2006108 09/01/2022 PRINTED 016175 CHERIE MILLER 600.00 Item 1B - Page 6
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 09/01/2022 16:07
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2006109 09/01/2022 PRINTED 104004 LAURA SCULLY 4,720.00 2006110 09/01/2022 PRINTED 100765 MUNISERVICES / AVENU INSI 2,480.27 2006111 09/01/2022 PRINTED 104009 KEVIN MURPHY 55.00 2006112 09/01/2022 PRINTED 016300 BRIAN MUSHRUSH 317.25 2006113 09/01/2022 PRINTED 101211 NAI CONSULTING 3,559.50 2006114 09/01/2022 PRINTED 015319 PEDRO NANEZ 600.00 2006115 09/01/2022 PRINTED 103688 NATIONAL PUBLIC SAFETY GR 9,375.00 2006116 09/01/2022 PRINTED 103900 ODP BUSINESS SOLUTIONS 9,739.33 2006117 09/01/2022 PRINTED 101870 ORIGINAL WATERMEN 204.84 2006118 09/01/2022 PRINTED 100569 PALM SPRINGS CHAMBER OF C 6,666.66 2006119 09/01/2022 PRINTED 100003 PALM SPRINGS DISPOSAL SER 218.56 2006120 09/01/2022 PRINTED 103828 PAVEMENT COATINGS CO 519,650.34 2006121 09/01/2022 PRINTED 100596 PROPER SOLUTIONS INC 88,914.70 2006122 09/01/2022 PRINTED 101718 PURE GOLD FORENSICS INC 5,180.00 2006123 09/01/2022 PRINTED 103563 PYRO-COMM SYSTEMS INC 70.00 2006124 09/01/2022 PRINTED 103910 QUEER WORKS 17,161.27 2006125 09/01/2022 PRINTED 101642 QUENCH USA INC 107.07 2006126 09/01/2022 PRINTED 015480 PAOLA RAMOS 819.00 2006127 09/01/2022 PRINTED 101629 THE RAMSAY GROUP 7,125.00 2006128 09/01/2022 PRINTED 015310 RYAN RASO 576.90 2006129 09/01/2022 PRINTED 101739 REFRIGERATION SUPPLIES DI 4,602.48 2006130 09/01/2022 PRINTED 104007 LUIS RODRIGUEZ 55.00 2006131 09/01/2022 PRINTED 100630 SAFECHECKS 1,170.57 2006132 09/01/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 33,526.33 2006133 09/01/2022 PRINTED 015733 JEFFREY SEEVER 163.88 2006134 09/01/2022 PRINTED 100435 THE SHREDDERS 157.00 2006135 09/01/2022 PRINTED 104010 JULIETTE SIGNORET 55.30 2006136 09/01/2022 PRINTED 101323 SITEIMPROVE INC 5,098.66 2006137 09/01/2022 PRINTED 100010 SMOKE TREE STABLES 1,680.00 2006138 09/01/2022 PRINTED 100000 SOUTH COAST AQMD 7,578.75 2006139 09/01/2022 PRINTED 100000 SOUTH COAST AQMD 772.26 2006140 09/01/2022 PRINTED 100080 SOUTH WEST TOWING INC 85.00 2006141 09/01/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 36,711.67 2006142 09/01/2022 PRINTED 100900 TERRA NOVA PLANNING AND R 4,278.75 2006143 09/01/2022 PRINTED 016047 ANDREW TIEDEMAN 76.50 2006144 09/01/2022 PRINTED 015151 HEATHER TOPLIFF 76.75 2006145 09/01/2022 PRINTED 015151 HEATHER TOPLIFF 819.00 2006146 09/01/2022 PRINTED 100031 TOPS N BARRICADES INC 591.33 2006147 09/01/2022 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 5,750.00 2006148 09/01/2022 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 500.00 2006149 09/01/2022 PRINTED 101384 TYLER TECHNOLOGIES INC 13,105.00 2006150 09/01/2022 PRINTED 100386 U S CUSTOMS SERVICE 372.76 2006151 09/01/2022 PRINTED 100063 UNDERGROUND SERVICE ALERT 454.43 2006152 09/01/2022 PRINTED 100405 UNION PACIFIC RAILROAD CO 2,529.65 2006153 09/01/2022 PRINTED 100295 US BANK CORPORATE PAYMENT 148,097.68 2006154 09/01/2022 PRINTED 101784 V AND V MANUFACTURING 469.54 2006155 09/01/2022 PRINTED 100129 VCA ANIMAL HOSPITALS INC 43.68 2006156 09/01/2022 PRINTED 100621 VERIZON BUSINESS 591.44 2006157 09/01/2022 PRINTED 100144 VERIZON WIRELESS 4,515.25 2006158 09/01/2022 PRINTED 100144 VERIZON WIRELESS 2,110.29 2006159 09/01/2022 PRINTED 100144 VERIZON WIRELESS 722.19 2006160 09/01/2022 PRINTED 100144 VERIZON WIRELESS 15,548.68 Item 1B - Page 7
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 09/01/2022 16:07
User: PatrickW
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2006161 09/01/2022 PRINTED 100144 VERIZON WIRELESS 2,254.46 2006162 09/01/2022 PRINTED 103696 ETERNAL LOVE LLC 21,414.96 2006163 09/01/2022 PRINTED 104005 YVETTE VILLEGAS 55.00 2006164 09/01/2022 PRINTED 103739 VISTA SUNRISE II LP 109,487.10 2006165 09/01/2022 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 2,257.97 2006166 09/01/2022 PRINTED 015506 JASMINE WAITS 924.36 2006167 09/01/2022 PRINTED 101220 WATERLINE TECHNOLOGIES 6,849.10 2006168 09/01/2022 PRINTED 100156 WAXIE SANITARY SUPPLY 9,401.49 2006169 09/01/2022 PRINTED 100222 WEST COAST ARBORISTS INC 66,763.64 2006170 09/01/2022 PRINTED 103973 WEX HEALTH INC 2,227.05 166 CHECKS CASH ACCOUNT TOTAL 2,274,497.78 .00 Item 1B - Page 8
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 09/01/2022 16:07
User: PatrickW
Program ID: apchkrcn

Page 5 ends

UNCLEARED CLEARED
166 CHECKS FINAL TOTAL 2,274,497.78 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1B - Page 9
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 09/15/2022 15:20
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2006184 09/15/2022 PRINTED 100315 ACE PARKING MANAGEMENT IN 14,985.76 2006185 09/15/2022 PRINTED 101028 AEG BUREAU OF TOURISM 111,923.92 2006186 09/15/2022 PRINTED 101028 AEG BUREAU OF TOURISM 192,120.25 2006187 09/15/2022 PRINTED 101028 AEG BUREAU OF TOURISM 37,033.61 2006188 09/15/2022 PRINTED 101254 AIR EXCHANGE INC 1,037.00 2006189 09/15/2022 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 2,964.79 2006190 09/15/2022 PRINTED 100375 ALL STAR GLASS 1,185.62 2006191 09/15/2022 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 56.00 2006192 09/15/2022 PRINTED 101245 THE ALTUM GROUP 142.50 2006193 09/15/2022 PRINTED 016012 LUIS ALVAREZ 163.13 2006194 09/15/2022 PRINTED 103781 AMAZON.COM SALES INC 4,151.61 2006195 09/15/2022 PRINTED 103500 AMERICAN COOLING TOWER IN 14,702.11 2006196 09/15/2022 PRINTED 100036 AMERICAN LIBRARY ASSOCIAT 228.00 2006197 09/15/2022 PRINTED 011090 GUSTAVO ARAIZA 200.00 2006198 09/15/2022 PRINTED 015635 ARTURO ARGUMEDO 136.45 2006199 09/15/2022 PRINTED 100370 AT&T 300.71 2006200 09/15/2022 PRINTED 101698 PALM SPRINGS FBO TWO, LLC 500.00 2006201 09/15/2022 PRINTED 100020 BEST BEST & KRIEGER 139,183.95 2006202 09/15/2022 PRINTED 104019 AMY BLACK 800.00 2006203 09/15/2022 PRINTED 015124 SANDRA BOSLER 160.11 2006204 09/15/2022 PRINTED 104026 KEITH MICHAEL BRICE 19,903.00 2006205 09/15/2022 PRINTED 100128 BRODART CO 2,384.13 2006206 09/15/2022 PRINTED 011051 FRANK BROWNING 1,240.00 2006207 09/15/2022 PRINTED 101331 BRUCE ALAN BOWER 2,050.00 2006208 09/15/2022 PRINTED 100234 BURRTEC ENVIRONMENTAL 1,475.86 2006209 09/15/2022 PRINTED 015918 JEFFREY BURTON 60.00 2006210 09/15/2022 PRINTED 103263 BWW & COMPANY INC 43,225.00 2006211 09/15/2022 PRINTED 015905 JORGE CASTILLO 919.71 2006212 09/15/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 585.45 2006213 09/15/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 234.99 2006214 09/15/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 585.45 2006215 09/15/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 19.99 2006216 09/15/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 199.99 2006217 09/15/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 199.97 2006218 09/15/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 182.06 2006219 09/15/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 585.45 2006220 09/15/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 119.98 2006221 09/15/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 3,519.16 2006222 09/15/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 119.99 2006223 09/15/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,534.74 2006224 09/15/2022 PRINTED 100558 CINTAS CORPORATION 319.82 2006225 09/15/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 72,319.13 2006226 09/15/2022 PRINTED 100928 COLANTUONO HIGHSMITH AND 2,254.00 2006227 09/15/2022 PRINTED 101238 CONSERVE LANDCARE LLC 480,753.07 2006228 09/15/2022 PRINTED 100085 COUNTY OF RIVERSIDE ENVIR 422.00 2006229 09/15/2022 PRINTED 100853 CUSTOM STICKER CENTRAL 1,540.00 2006230 09/15/2022 PRINTED 100490 CVCC 2,999.70 2006231 09/15/2022 PRINTED 100115 DANIELS TIRE SERVICE INC 1,281.60 2006232 09/15/2022 PRINTED 100265 DELL MARKETING LP 52,016.96 2006233 09/15/2022 PRINTED 100067 DEMCO 515.78 2006234 09/15/2022 PRINTED 100048 DESERT FIRE EXTINGUISHER 1,387.87 2006235 09/15/2022 PRINTED 100580 DESERT PROMOTIONAL EMBROI 912.41 Item 1B - Page 10
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 09/15/2022 15:20
User: PatrickW
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2006236 09/15/2022 PRINTED 100609 DIRECTV 50.24 2006237 09/15/2022 PRINTED 101244 DOWNS ENERGY 109,489.78 2006238 09/15/2022 PRINTED 100616 DREAM SHAPERS 375.00 2006239 09/15/2022 PRINTED 100984 DTPS C-15 LLC 3,182.71 2006240 09/15/2022 PRINTED 015813 FRANCISCO J DURAN 159.44 2006241 09/15/2022 PRINTED 101179 MARIANA DUSPIVA 516.00 2006242 09/15/2022 PRINTED 100054 DESERT WATER AGENCY 34,469.61 2006243 09/15/2022 PRINTED 101536 ELECNOR BELCO ELECTRIC IN 674,779.29 2006244 09/15/2022 PRINTED 101293 ENGIE SERVICES U.S. INC. 52,170.00 2006245 09/15/2022 PRINTED 100274 ENGINEERING RESOURCES OF 15,503.50 2006246 09/15/2022 PRINTED 100226 ENTERPRISE RENT A CAR 2,128.27 2006247 09/15/2022 PRINTED 103708 EPLUS TECHNOLOGY INC 25,160.34 2006248 09/15/2022 PRINTED 101590 FIRST STUDENT INC 4,026.79 2006249 09/15/2022 PRINTED 100395 FRIENDS OF THE PALM SPRIN 2,039.75 2006250 09/15/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 65.44 2006251 09/15/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,499.99 2006252 09/15/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2006253 09/15/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 65.44 2006254 09/15/2022 PRINTED 100828 FUSION CLOUD SERVICES LLC 421.62 2006255 09/15/2022 PRINTED 010781 JESSICA GALLAGHER 57.68 2006256 09/15/2022 PRINTED 100158 GALLS LLC 4,759.98 2006257 09/15/2022 PRINTED 103998 JANE M GUY 528.00 2006258 09/15/2022 PRINTED 015811 ALI HARANDI 320.00 2006259 09/15/2022 PRINTED 100483 INFOSAT 229.01 2006260 09/15/2022 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 39,592.60 2006261 09/15/2022 PRINTED 101364 IT1 SOURCE LLC 244.72 2006262 09/15/2022 PRINTED 101510 KC'S LAWNMOWER SHOP LLC 158.46 2006263 09/15/2022 PRINTED 104018 JOE KEAY 463.22 2006264 09/15/2022 PRINTED 100336 KEENAN AND ASSOCIATES 577.00 2006265 09/15/2022 PRINTED 016409 EDWARD KNOX 15.00 2006266 09/15/2022 PRINTED 101200 KOA CORPORATION 31,073.20 2006267 09/15/2022 PRINTED 101475 LA PRENSA HISPANA INC 2,025.00 2006268 09/15/2022 PRINTED 100332 LIEBERT CASSIDY WHITMORE 26,873.04 2006269 09/15/2022 PRINTED 015364 JANICE LOPEZ 600.88 2006270 09/15/2022 PRINTED 016358 ALLEN MCNABB 161.63 2006271 09/15/2022 PRINTED 101798 MIDWEST TAPE INC 6,859.57 2006272 09/15/2022 PRINTED 100266 MIRACLE RECREATION EQUIPM 299.45 2006273 09/15/2022 PRINTED 100009 MIZELL CENTER 500,000.00 2006274 09/15/2022 PRINTED 016018 WILLIAM MOSS 950.00 2006275 09/15/2022 PRINTED 100417 NI GOVERNMENT SERVICES IN 283.88 2006276 09/15/2022 PRINTED 103900 ODP BUSINESS SOLUTIONS 5,494.76 2006277 09/15/2022 PRINTED 100172 OFFICE DEPOT 5,600.96 2006278 09/15/2022 PRINTED 101870 ORIGINAL WATERMEN 905.39 2006279 09/15/2022 PRINTED 100569 PALM SPRINGS CHAMBER OF C 10,833.33 2006280 09/15/2022 PRINTED 100003 PALM SPRINGS DISPOSAL SER 218.56 2006281 09/15/2022 PRINTED 100133 PALM SPRINGS MOTORS 434.34 2006282 09/15/2022 PRINTED 015283 KRYSTALYNN PAQUETTE 90.00 2006283 09/15/2022 PRINTED 016296 FEDERICO PAZ 317.25 2006284 09/15/2022 PRINTED 016109 FRANCISCO PEREIRA 642.20 2006285 09/15/2022 PRINTED 101292 PROFESSIONAL MEDICAL WARE 1,887.32 2006286 09/15/2022 PRINTED 100596 PROPER SOLUTIONS INC 44,552.46 2006287 09/15/2022 PRINTED 100654 PS RESORTS 64,955.00 Item 1B - Page 11
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 09/15/2022 15:20
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2006288 09/15/2022 PRINTED 100784 THE FOUNDATION OF THE PAL 180,000.00 2006289 09/15/2022 PRINTED 101250 PWLC II INC 37,777.48 2006290 09/15/2022 PRINTED 101642 QUENCH USA INC 821.50 2006291 09/15/2022 PRINTED 100239 RALPH ANDERSEN AND ASSOCI 7,050.00 2006292 09/15/2022 PRINTED 015310 RYAN RASO 621.90 2006293 09/15/2022 PRINTED 101527 RATTLE TECH LLC 500.00 2006294 09/15/2022 PRINTED 015842 RICHARD SALOMON 45.00 2006295 09/15/2022 PRINTED 101363 RICONDO AND ASSOCIATES IN 3,797.50 2006296 09/15/2022 PRINTED 100086 RIVERSIDE COMMUNITY COLLE 5,520.00 2006297 09/15/2022 PRINTED 100633 RIVERSIDE COUNTY FIRE CHI 350.00 2006298 09/15/2022 PRINTED 103678 ROADRUNNER PRINTING AND S 950.48 2006299 09/15/2022 PRINTED 016106 BERNARD RYAN 950.00 2006300 09/15/2022 PRINTED 101803 RYDIN (DRI-STICK DECAL) 2,939.81 2006301 09/15/2022 PRINTED 101542 SC COMMERCIAL LLC 32,889.91 2006302 09/15/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 296,830.56 2006303 09/15/2022 PRINTED 100546 SHADE STRUCTURES INC 9,206.65 2006304 09/15/2022 PRINTED 100839 SHOWCASES 265.68 2006305 09/15/2022 PRINTED 101677 SOCAL PPE LLC 1,769.00 2006306 09/15/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 18,284.57 2006307 09/15/2022 PRINTED 100334 SOUTHERN CALIFORNIA ERGON 462.00 2006308 09/15/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 121.27 2006309 09/15/2022 PRINTED 100120 SPOK INC 47.02 2006310 09/15/2022 PRINTED 101356 ST FRANCIS ELECTRIC LLC 48,074.54 2006311 09/15/2022 PRINTED 100907 STEVE BECK 728.00 2006312 09/15/2022 PRINTED 103950 STEVE MARK MARTIN 2,610.00 2006313 09/15/2022 PRINTED 101825 TELOS IDENTITY MGMT SOLUT 1,036.25 2006314 09/15/2022 PRINTED 100900 TERRA NOVA PLANNING AND R 12,117.90 2006315 09/15/2022 PRINTED 101415 THE TORO COMPANY DBA RAIN 597.00 2006316 09/15/2022 PRINTED 015883 MIGUEL TORRES 950.00 2006317 09/15/2022 PRINTED 100646 YOLANDA GELLIS 250.00 2006318 09/15/2022 PRINTED 101384 TYLER TECHNOLOGIES INC 630.00 2006319 09/15/2022 PRINTED 100386 U S CUSTOMS SERVICE 46,691.55 2006320 09/15/2022 PRINTED 100188 UNITED STATES TREASURY 15.91 2006321 09/15/2022 PRINTED 016191 TANNER VALENTI 132.00 2006322 09/15/2022 PRINTED 100200 VALLEY LOCK AND SAFE 291.99 2006323 09/15/2022 PRINTED 100066 VALLEY MAIL DELIVERY 3,015.85 2006324 09/15/2022 PRINTED 100621 VERIZON BUSINESS 600.94 2006325 09/15/2022 PRINTED 100144 VERIZON WIRELESS 2,029.43 2006326 09/15/2022 PRINTED 100144 VERIZON WIRELESS 3,320.81 2006327 09/15/2022 PRINTED 100144 VERIZON WIRELESS 37.97 2006328 09/15/2022 PRINTED 100121 VISIT GREATER PALM SPRING 74,171.96 2006329 09/15/2022 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 1,789.17 2006330 09/15/2022 PRINTED 101277 VOHNE LICHE KENNELS INC 350.00 2006331 09/15/2022 PRINTED 101752 VORTEX INDUSTRIES INC 6,895.00 2006332 09/15/2022 PRINTED 101220 WATERLINE TECHNOLOGIES 4,664.76 2006333 09/15/2022 PRINTED 100156 WAXIE SANITARY SUPPLY 13,089.60 2006334 09/15/2022 PRINTED 100222 WEST COAST ARBORISTS INC 9,260.55 2006335 09/15/2022 PRINTED 100908 YAMADA SPA MANAGEMENT INC 288.00 2006336 09/15/2022 PRINTED 100268 ZOLL MEDICAL CORPORATION 19,231.25 2006337 09/15/2022 PRINTED 100124 ZUMAR INDUSTRIES 2,056.52 154 CHECKS CASH ACCOUNT TOTAL 3,753,437.16 .00 Item 1B - Page 12
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 09/15/2022 15:20
User: PatrickW
Program ID: apchkrcn

Page 4 ends

UNCLEARED CLEARED
154 CHECKS FINAL TOTAL 3,753,437.16 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1B - Page 13
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

CITY COUNCIL STAFF REPORT
10/27/2022
SUBJECT:

STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF AUGUST 1 THROUGH AUGUST 31, 2022
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of August 1 through August 21, 2022.

Attachments
Item 1C

CITY COUNCIL STAFF REPORT

DATE: October 27, 2022 CONSENT CALENDAR

SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF AUGUST 1 THROUGH AUGUST 31, 2022

FROM: Teresa Gallavan, Interim City Manager

BY: Office of the City Clerk
Procurement Department

RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements ( Attachment A) and Purchase Orders (Attachment B) for the period of August 1 through August 31, 2022.

STAFF ANALYSIS:

The City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are $7 5,000 or less, and certain other a mendments and change orders as previously approved by the City Council. Palm Springs Municipal Code §7.02.03 0(k) requires a monthly report be submitted to the City Council.

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

REVIEWED BY:

Department Director: Brenda Pree
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. City Manager Authorized Agreements for August 2022
B. Purchase Orders for August 2022

Item 1C - Page 1

ATTACHMENT A
Item 1C - Page 2
Agreement Number Description Vendor Name Department Name A9172 Phlebotomist services from a licensed phlebotomist. American Forensic Nurses Police Department A9190 Towing services for City-owned vehicles and equipment from a licensed and qualified firm. Mohica Towing, Inc. Facilities Maintenance A9197 The rental of safety PPE for new hire firefighters from a licensed contractor. Socal PPE, LLC Fire Department

Page 1 of 1 ends

City Manager Authorized Agreements
August 1, 2022 - August 30, 2022
Item 1C - Page 3

ATTACHMENT B

Item 1C - Page 4
Purchase Orders
August 1, 2022 - August 30, 2022
Number Vendor Name Description Total Department Name
23000172 Palm Springs Motors Arm Bushing Spacer Unit 070602 $17.07 Fleet Operations 23000178 Palm Springs Motors Spacers For Stock $17.15 Fleet Operations 23000177 Palm Springs Motors Radios Arm Bushings Unit 070602 $24.86 Fleet Operations 23000174 Palm Springs Motors Expansion Valve Unit 070616 $34.42 Fleet Operations 23000145 Palm Springs Motors Cable Assembly Unit 2D1614 $48.30 Fleet Operations 23000142 Palm Springs Motors Lift Assembly Unit 10Md19 $55.28 Fleet Operations 23000176 Palm Springs Motors Door Molding Unit 203514 $60.40 Fleet Operations 23000216 Valley Lock And Safe Emergency Lock-Out Service $95.00 Police Department 23000221 Valley Lock And Safe Emergency Lock-Out Service $95.00 Police Department 23000179 Firestone Complete Auto Care Alignment Service 1Bc115 $100.99 Fleet Operations 23000139 Sc Commercial Absorbents For Oil Clean Up $165.99 Fleet Operations 23000173 Palm Springs Motors Ac Core Unit 070616 $202.28 Fleet Operations 23000144 Daniels Tire Service Inc Tires For Fleet Stock $297.47 Fleet Operations 23000220 United Rentals Na Inc Service /Repair Scissor Lift $331.83 Fleet Operations 23000193 Palm Springs Motors Brake Parts For Unit 070616 $346.43 Fleet Operations 23000226 Palm Springs Motors Parts For Stock $348.40 Fleet Operations 23000246 Valley Lock And Safe Rj Sacs Crash Bar Repair $380.00 Aviation Department 23000175 Palm Springs Motors Passenger Side Door Mirror Unit 2D4119 $427.01 Fleet Operations 23000187 B H Photo Printer For Hr | Tk# 26205 $446.50 Info Technology 23000147 Palm Springs Motors Running Boards (Steps) For Unit 209721. $448.53 Fleet Operations 23000148 Palm Springs Motors Step Assembly Truck 209721 $448.53 Fleet Operations 23000242 Cdw Government Inc Replacement Printer For Fire Station2 Admin(Sr#211 $498.06 Info Technology 23000227 Daniels Tire Service Inc Tires For Fleet Stock $568.39 Fleet Operations 23000157 Palm Springs Motors Windshield Replacement 1P5718 $594.78 Fleet Operations 23000186 Palm Springs Motors Fleet Parts Stock Order $623.18 Fleet Operations 23000191 Marvins Auto Paint Inc. Windshield Replacement Unit 205718 $629.35 Fleet Operations 23000256 Omega Industrial Sup Lift Station Cleaning Chemicals $634.62 Aviation Department 23000195 Daniels Tire Service Inc Stock Tires $652.44 Fleet Operations 23000231 United Rentals Na Inc Scissor Lift Rental $826.21 Facilities Maintenance 23000143 Palm Springs Motors Steering Components 10Md19 $875.45 Fleet Operations 23000190 Desert Promotional Embroidery Llc Engineering Staff Uniforms $912.41 Engineering - Public Works 23000255 Ohd Lllp Calibration Of Respirator Fit-Tester Device $935.00 Police Department 23000237 Daniels Tire Service Inc Tires And Front End Alignment Unit 301914 $1,111.16 Fleet Operations 23000192 Marvins Auto Paint Inc. Windshield Replacement Unit 200221 $1,180.95 Fleet Operations 23000257 Johnson Controls Repair Broken Fire System $1,286.71 Aviation Department 23000194 Black And White Emergency Vehicles Pd Car Outfitting, Rear Partition And Box. $1,359.46 Fleet Operations 23000213 Desert Fire Extinguisher Co Inc Fire Extinguisher Service $1,459.88 Aviation Department 23000180 Daniels Tire Service Inc Tire For Fleet Stock. $1,473.83 Fleet Operations 23000239 Ly Environmental Inc Mold Testing $1,500.00 Facilities Maintenance 23000254 Proforce Law Enforcement Taser Cartridges $1,819.56 Police Department 23000225 Engie Services U.S. Inc. One-Time Service Call To Troubleshoot The Controls $2,000.00 Facilities Maintenance 23000214 Dri-Stick Dba Rydin Decal Temp Employee Parking Permits $2,009.96 Aviation Department 23000151 Palm Springs Mirror And Glass Repair Of Exit Doors At The Leisure Center $2,022.00 Facilities Maintenance 23000156 Lin Lines Inc. Charter Bus For Field Trip $2,084.38 Recreation Department 23000137 United Rentals Na Inc Heavy Equipment Training $2,422.50 Facilities Maintenance 23000185 Allied Refrigeration Inc Portable A/C Units $2,428.02 Facilities Maintenance 23000140 Quinn Rental Service Rental Of Skid Steer And Breaker $2,460.64 Facilities Maintenance 23000146 United Rentals Na Inc Dozer Low Ground Pressure 90-95Hp Rental 1 Week $2,830.07 Fleet Operations 23000160 Engineering Resources Of Southern Cp 08-25 - Surveying Services $2,970.00 Engineering - Public Works 23000252 Palm Springs Mirror And Glass Replace Lobby Glass Panel $3,020.00 Aviation Department 23000247 Aj Fistes Corporation Paint Tsa Breakroom $3,102.00 Aviation Department 23000141 Proforce Law Enforcement Training Ammunition $3,288.43 Police Department 23000197 Honeywell Analytics Inc Posi-Check Calibration Svcs And Upgrade $3,436.53 Fire Department 23000240 Professional Asbestos Removal Corporation Mold Remediation $3,500.00 Facilities Maintenance 23000245 Kincaid Industries Inc Ice Room Vapors Repair $3,731.97 Aviation Department 23000243 Amazon Com Purchase Of General Offfice Supplies/Lib. Material $4,000.00 Library 23000215 Pwlc Ii Inc Plants Installed Around Psp $4,118.00 Aviation Department 23000224 Vohne Liche Kennels Inc Monthly K-9 Training $4,422.00 Police Department 23000244 Mk Solutions Inc Mk Solutions - Rfid Security Tags $4,994.31 Library 23000217 Kord Fire Protection Fire Sprinkler Service Repairs $5,285.08 Aviation Department 23000219 Cdw Government Inc Bosch Cameras For Security - Ticket 20267 $5,577.54 Info Technology 23000229 Visiontron Corp Passenger Queing Supplies $5,841.60 Aviation Department 23000230 United Rentals Na Inc Wheel Loader Rental Streets Department $6,727.80 Fleet Operations 23000138 United Rentals Na Inc Heavy Equipment Training $7,203.75 Facilities Maintenance 23000228 Ech Tools Llc Mdmax4 Carline Heavy Duty Diagnostic Scope $8,740.00 Fleet Operations

Page 1 of 2 ends

Item 1C - Page 5
Purchase Orders
August 1, 2022 - August 30, 2022
Number Vendor Name Description Total Department Name
23000184 Black Diamond Blade Bucket Truck Repair $9,997.12 Fleet Operations 23000233 Amazon.Com Sales Inc Various Goods And Supplies For Park Division $10,000.00 Parks Maintenance 23000251 Pub Construction Inc Add Wall And Door It Director Office Space $11,208.00 Facilities Maintenance 23000167 Managed Health Network Inc Employee Assistance Program Premiums For Fy 22/23 $13,800.00 Human Resources 23000158 Odp Business Solutions Office Reconfiguration $16,102.66 Info Technology 23000189 Dooley Enterprises Inc Range Training Ammunition $21,899.11 Police Department 23000166 Delta Dental Hmo Dental Dmo Insurance Premiums For Fy 22/23 $23,000.00 Human Resources 23000241 Ralph Andersen And Associates Director Of Public Works Executive Recruitment $23,500.00 Human Resources 23000236 Crye Precision Llc Swat Team Tactical Vests $25,428.97 Police Department 23000204 Allison Mechanical Inc Install Plenums And 7 Package Units $28,115.30 Facilities Maintenance 23000154 Professional Medical Warehouse Inc Medical Supplies - Critical Response Gloves $28,309.73 Fire Department 23000250 American Forensic Nurses Forensic Nursing Services $35,000.00 Police Department 23000132 Saunaray Usa Inc Chemical Decon Exercise Bikes For Fire Stations $38,975.00 Fire Department 23000249 South Coast Mechanical Inc. Emergency Council Chamber Ac Coil Replacement $41,000.00 A/City Manager Admin 23000131 Wex Bank Fuel Transactions With Fuel Credit Cards $44,795.00 Fleet Operations 23000202 Muniservices / Avenu Insights Analytics Csa A5482 Amendment No. 5 For Suta Services $50,000.00 Finance Department 23000210 Muniservices / Avenu Insights Analytics Csa A5768 Amendment No. 2 For Uut Auditing Service $50,000.00 Finance Department 23000211 Muniservices / Avenu Insights Analytics Csa A6017 Amendment No. 4 Tot Program Auditing Srv $50,000.00 Finance Department 23000212 Muniservices / Avenu Insights Analytics Csa A6205 Amendment No. 5 For Business License Dis $50,000.00 Finance Department 23000153 Dell Marketing Lp Computer Equipment Replacement/Upgrade $52,455.29 Info Technology 23000163 The Ramsay Group Professional Services Agreement Cdbg Consulting $66,150.00 Community & Economic Dev. 23000168 Vision Service Plan Vision Insurance Premiums For Fy 22/23 $72,000.00 Human Resources

Page 2 of 2 ends

Item 1C - Page 6
Purchase Orders
August 1, 2022 - August 30, 2022
Number Vendor Name Description Total Department Name
23000172 Palm Springs Motors Arm Bushing Spacer Unit 070602 $17.07 Fleet Operations 23000178 Palm Springs Motors Spacers For Stock $17.15 Fleet Operations 23000177 Palm Springs Motors Radios Arm Bushings Unit 070602 $24.86 Fleet Operations 23000174 Palm Springs Motors Expansion Valve Unit 070616 $34.42 Fleet Operations 23000145 Palm Springs Motors Cable Assembly Unit 2D1614 $48.30 Fleet Operations 23000142 Palm Springs Motors Lift Assembly Unit 10Md19 $55.28 Fleet Operations 23000176 Palm Springs Motors Door Molding Unit 203514 $60.40 Fleet Operations 23000216 Valley Lock And Safe Emergency Lock-Out Service $95.00 Police Department 23000221 Valley Lock And Safe Emergency Lock-Out Service $95.00 Police Department 23000179 Firestone Complete Auto Care Alignment Service 1Bc115 $100.99 Fleet Operations 23000139 Sc Commercial Absorbents For Oil Clean Up $165.99 Fleet Operations 23000173 Palm Springs Motors Ac Core Unit 070616 $202.28 Fleet Operations 23000144 Daniels Tire Service Inc Tires For Fleet Stock $297.47 Fleet Operations 23000220 United Rentals Na Inc Service /Repair Scissor Lift $331.83 Fleet Operations 23000193 Palm Springs Motors Brake Parts For Unit 070616 $346.43 Fleet Operations 23000226 Palm Springs Motors Parts For Stock $348.40 Fleet Operations 23000246 Valley Lock And Safe Rj Sacs Crash Bar Repair $380.00 Aviation Department 23000175 Palm Springs Motors Passenger Side Door Mirror Unit 2D4119 $427.01 Fleet Operations 23000187 B H Photo Printer For Hr | Tk# 26205 $446.50 Info Technology 23000147 Palm Springs Motors Running Boards (Steps) For Unit 209721. $448.53 Fleet Operations 23000148 Palm Springs Motors Step Assembly Truck 209721 $448.53 Fleet Operations 23000242 Cdw Government Inc Replacement Printer For Fire Station2 Admin(Sr#211 $498.06 Info Technology 23000227 Daniels Tire Service Inc Tires For Fleet Stock $568.39 Fleet Operations 23000157 Palm Springs Motors Windshield Replacement 1P5718 $594.78 Fleet Operations 23000186 Palm Springs Motors Fleet Parts Stock Order $623.18 Fleet Operations 23000191 Marvins Auto Paint Inc. Windshield Replacement Unit 205718 $629.35 Fleet Operations 23000256 Omega Industrial Sup Lift Station Cleaning Chemicals $634.62 Aviation Department 23000195 Daniels Tire Service Inc Stock Tires $652.44 Fleet Operations 23000231 United Rentals Na Inc Scissor Lift Rental $826.21 Facilities Maintenance 23000143 Palm Springs Motors Steering Components 10Md19 $875.45 Fleet Operations 23000190 Desert Promotional Embroidery Llc Engineering Staff Uniforms $912.41 Engineering - Public Works 23000255 Ohd Lllp Calibration Of Respirator Fit-Tester Device $935.00 Police Department 23000237 Daniels Tire Service Inc Tires And Front End Alignment Unit 301914 $1,111.16 Fleet Operations 23000192 Marvins Auto Paint Inc. Windshield Replacement Unit 200221 $1,180.95 Fleet Operations 23000257 Johnson Controls Repair Broken Fire System $1,286.71 Aviation Department 23000194 Black And White Emergency Vehicles Pd Car Outfitting, Rear Partition And Box. $1,359.46 Fleet Operations 23000213 Desert Fire Extinguisher Co Inc Fire Extinguisher Service $1,459.88 Aviation Department 23000180 Daniels Tire Service Inc Tire For Fleet Stock. $1,473.83 Fleet Operations 23000239 Ly Environmental Inc Mold Testing $1,500.00 Facilities Maintenance 23000254 Proforce Law Enforcement Taser Cartridges $1,819.56 Police Department 23000225 Engie Services U.S. Inc. One-Time Service Call To Troubleshoot The Controls $2,000.00 Facilities Maintenance 23000214 Dri-Stick Dba Rydin Decal Temp Employee Parking Permits $2,009.96 Aviation Department 23000151 Palm Springs Mirror And Glass Repair Of Exit Doors At The Leisure Center $2,022.00 Facilities Maintenance 23000156 Lin Lines Inc. Charter Bus For Field Trip $2,084.38 Recreation Department 23000137 United Rentals Na Inc Heavy Equipment Training $2,422.50 Facilities Maintenance 23000185 Allied Refrigeration Inc Portable A/C Units $2,428.02 Facilities Maintenance 23000140 Quinn Rental Service Rental Of Skid Steer And Breaker $2,460.64 Facilities Maintenance 23000146 United Rentals Na Inc Dozer Low Ground Pressure 90-95Hp Rental 1 Week $2,830.07 Fleet Operations 23000160 Engineering Resources Of Southern Cp 08-25 - Surveying Services $2,970.00 Engineering - Public Works 23000252 Palm Springs Mirror And Glass Replace Lobby Glass Panel $3,020.00 Aviation Department 23000247 Aj Fistes Corporation Paint Tsa Breakroom $3,102.00 Aviation Department 23000141 Proforce Law Enforcement Training Ammunition $3,288.43 Police Department 23000197 Honeywell Analytics Inc Posi-Check Calibration Svcs And Upgrade $3,436.53 Fire Department 23000240 Professional Asbestos Removal Corporation Mold Remediation $3,500.00 Facilities Maintenance 23000245 Kincaid Industries Inc Ice Room Vapors Repair $3,731.97 Aviation Department 23000243 Amazon Com Purchase Of General Offfice Supplies/Lib. Material $4,000.00 Library 23000215 Pwlc Ii Inc Plants Installed Around Psp $4,118.00 Aviation Department 23000224 Vohne Liche Kennels Inc Monthly K-9 Training $4,422.00 Police Department 23000244 Mk Solutions Inc Mk Solutions - Rfid Security Tags $4,994.31 Library 23000217 Kord Fire Protection Fire Sprinkler Service Repairs $5,285.08 Aviation Department 23000219 Cdw Government Inc Bosch Cameras For Security - Ticket 20267 $5,577.54 Info Technology 23000229 Visiontron Corp Passenger Queing Supplies $5,841.60 Aviation Department 23000230 United Rentals Na Inc Wheel Loader Rental Streets Department $6,727.80 Fleet Operations 23000138 United Rentals Na Inc Heavy Equipment Training $7,203.75 Facilities Maintenance 23000228 Ech Tools Llc Mdmax4 Carline Heavy Duty Diagnostic Scope $8,740.00 Fleet Operations

Page 1 of 2 ends

Item 1C - Page 7
Purchase Orders
August 1, 2022 - August 30, 2022
Number Vendor Name Description Total Department Name
23000184 Black Diamond Blade Bucket Truck Repair $9,997.12 Fleet Operations 23000233 Amazon.Com Sales Inc Various Goods And Supplies For Park Division $10,000.00 Parks Maintenance 23000251 Pub Construction Inc Add Wall And Door It Director Office Space $11,208.00 Facilities Maintenance 23000167 Managed Health Network Inc Employee Assistance Program Premiums For Fy 22/23 $13,800.00 Human Resources 23000158 Odp Business Solutions Office Reconfiguration $16,102.66 Info Technology 23000189 Dooley Enterprises Inc Range Training Ammunition $21,899.11 Police Department 23000166 Delta Dental Hmo Dental Dmo Insurance Premiums For Fy 22/23 $23,000.00 Human Resources 23000241 Ralph Andersen And Associates Director Of Public Works Executive Recruitment $23,500.00 Human Resources 23000236 Crye Precision Llc Swat Team Tactical Vests $25,428.97 Police Department 23000204 Allison Mechanical Inc Install Plenums And 7 Package Units $28,115.30 Facilities Maintenance 23000154 Professional Medical Warehouse Inc Medical Supplies - Critical Response Gloves $28,309.73 Fire Department 23000250 American Forensic Nurses Forensic Nursing Services $35,000.00 Police Department 23000132 Saunaray Usa Inc Chemical Decon Exercise Bikes For Fire Stations $38,975.00 Fire Department 23000249 South Coast Mechanical Inc. Emergency Council Chamber Ac Coil Replacement $41,000.00 A/City Manager Admin 23000131 Wex Bank Fuel Transactions With Fuel Credit Cards $44,795.00 Fleet Operations 23000202 Muniservices / Avenu Insights Analytics Csa A5482 Amendment No. 5 For Suta Services $50,000.00 Finance Department 23000210 Muniservices / Avenu Insights Analytics Csa A5768 Amendment No. 2 For Uut Auditing Service $50,000.00 Finance Department 23000211 Muniservices / Avenu Insights Analytics Csa A6017 Amendment No. 4 Tot Program Auditing Srv $50,000.00 Finance Department 23000212 Muniservices / Avenu Insights Analytics Csa A6205 Amendment No. 5 For Business License Dis $50,000.00 Finance Department 23000153 Dell Marketing Lp Computer Equipment Replacement/Upgrade $52,455.29 Info Technology 23000163 The Ramsay Group Professional Services Agreement Cdbg Consulting $66,150.00 Community & Economic Dev. 23000168 Vision Service Plan Vision Insurance Premiums For Fy 22/23 $72,000.00 Human Resources

Page 2 of 2 ends

Item 1C - Page 8
Agreement Number Vendor Name Description Department Name A9172 American Forensic Nurses Phlebotomist services from a licensed phlebotomist. Police Department A9190 Mohica Towing, Inc. Towing services for City-owned vehicles and equipment from a licensed and qualified firm. Facilities Maintenance A9197 Socal PPE, LLC The rental of safety PPE for new hire firefighters from a licensed contractor. Fire Department

Page 1 of 1 ends

Item 1C - Page 9

CITY COUNCIL STAFF REPORT
10/27/2022
SUBJECT:

INTRODUCTION OF AN ORDINANCE TO AMEND SECTION 16.36.020 OF THE

PALM SPRINGS MUNICIPAL CODE RELATING TO THE CONDUCT AND

APPEARANCE OF AIRPORT COMMERCIAL VEHICLE OPERATORS
RECOMMENDATION:

SPRINGS MUNICIPAL CODE RELATING TO THE CONDUCT AND APPEARANCE OF AIRPORT COMMERCIAL VEHICLE OPERATORS.”
Attachments
Item 1D

CITY COUNCIL STAFF REPORT

DATE: O CTOBER 27, 2022 CONSENT CALENDAR

SUBJECT: INTRODUCTION OF AN ORDINANCE TO AMEND SECTION 16.36.020

OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE

CONDUCT AND APPEARANCE OF AIRPORT COMMERCIAL VEHICLE

OPERATORS

FROM: Teresa Gallavan, Interim City Manager

BY: Department of Aviation

SUMMARY:

The Palm Springs International Airport (Airport) recommends that the City Council amend Palm Springs Municipal Code Section 16.36.020 Vehicle Operator Conduct and Appearance in order to provide operators flexibility in attire in the hot summer months while maintaining a professional look and appearance and remove the specific language requiring commercial vehicle operators to wear a collared and clean shirt and pants, shoes, and socks, year-round.

RECOMMENDATION:

MUNICIPAL CODE RELATING TO THE CONDUCT AND APPEARANCE OF AIRPORT COMMERCIAL VEHICLE OPERATORS.”

BACKGROUND:

Beginning in 2005, the Airport contracted with a consulting company to develop the Rules and Regulations and Minimum Standards documents to govern access and use of the Airport and to ensure that access and use is achieved through a fair and non- discriminatory basis. The documents were eventually codified into an ordinance which established Palm Springs Municipal Code Title 16.

Title 16 of the Palm Springs Municipal Code contains numerous provisions related to the conduct and appearance of vehicle operators doing business at the Airport. These Item 1D - Page 1
City Council Staff Report
October 27, 2022 -- Page 2
Amend Ordinance Related to the Commercial Vehicle Operator Conduct and Appearance

provisions are intended to ensure that passengers are treated with a certain level of quality to enhance their Airport experience.

STAFF ANALYSIS:

Section 16.36.020 is related to commercial vehicle operator conduct and appearance .

Section 16.36.020 currently provides that Commercial Vehicle Operators must wear a collared and clean shirt and pants, shoes, and socks while conducting business at the Airport.

Staff has received complaints regarding these specific dress requirements, most notably that the specific dress requirements pose a hardship to Commercial Vehicle Operators during the summer months. Commercial Vehicle Operators may sometimes wait in their vehicles for potential passengers for significant periods of time. The proposed changes would remove the requirement for the commercial vehicle operators to wear a collared and clean shirt and pants, shoes, and socks, year-round and allow for flexibility during the hot summer months while still maintaining a professional look and appearance.

The revision of the ordinance is proposed by Airport staff, and its revisions are depicted in Attachment A for the City Council’s consideration as reviewed and approved by the City Attorney.

ALIGNMENT WITH STRATEGIC PLANNING:

N/A.

FISCAL IMPACT:

There is no fiscal impact.

REVIEWED BY:

Department Director: Harry Barrett, Jr.

City Attorney: Jeff Ballinger
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Draft Ordinance
Item 1D - Page 2

ATTACHMENT A

DRAFT ORDINANCE
Item 1D - Page 3
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AMENDING SECTION

16.36.020 OF THE PALM SPRINGS MUNICIPAL CODE

RELATING TO THE CONDUCT AND APPEARANCE OF

AIRPORT COMMERCIAL VEHICLE OPERATORS

City Attorney’s Summary
This ordinance amends S ection 16.36.020 of the Municipal Code related to the Palm Springs International Airport
Commercial Vehicle Operator Conduct and Appearance by
removing certain language related to the appearance of
commercial vehicle operators.

WHEREAS, Section 16.36.020 of the Palm Springs Municipal Code provides that Commercial Vehicle Operators doing business within the Airport must comply with certain dress requirements; and

WHEREAS, the City has received complaints regarding the feasibility of these dress requirements during the summer months; and

WHEREAS, the City desires to provide Commercial Vehicle Operators flexibility in their choice of dress during the summer months while still requir ing Commercial Vehicle Operators to maintain a professional appearance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the City Council and through this Ordinance.

SECTION 2. Code Amendment. Section 16.36.020 of the Palm Springs Municipal Code Vehicle Operator Conduct and Appearance is hereby amended to read as follows:

“16.36.020. Vehicle Operator conduct and appearance. (a) Commercial Vehicle Operators shall remain in their Vehicles or in the immediate vicinity (immediately adjacent to the Vehicle) at all times while at or on the Airport except in those areas designated by the Director of Aviation. (b) Commercial Vehicle Operators are prohibited from loitering or standing inside the Airport Terminal Building while their Vehicle is in position in the Commercial Lane.

Item 1D - Page 4
Ordinance No.

Page 2 ends

(c) Commercial Vehicle Operators shall not solicit, persuade or urge any person (by words, gestures, or other form of communication) to use or hire any Commercial Vehicle Operator.
(d) Commercial Vehicle Operators shall maintain a professional look and appearance (i.e., collared and clean shirt and pants, shoes, and socks) and shall display an identification badge which includes a photograph and the name of the operator and the name of the operator’s company at all times while conducting Commercial Activities at the Airport. (e) Commercial Vehicle Operators shall conduct themselves in a courteous and professional manner and treat members of the traveling public with the utmost respect at all times.
(1) Commercial Vehicle Operators shall not intentionally obstruct the movement of any person or Vehicle.
(2) Commercial Vehicle Operators shall not use offensive, abusive, or obscene language, gestures, or other forms of communication while at or on the Airport.
(3) Commercial Vehicle Operators shall be fully familiar with the provisions of the Passenger Bill of Rights and shall fully abide by the terms and requirements of the Passenger Bill of Rights.

SECTION 3. Effective Date. This Ordinance shall become effective 30 days after its adoption.

SECTION 4. Certification. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of applicable law; this Ordinance shall take effect thirty (30) days after passage.

SECTION 5. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

Item 1D - Page 5
Ordinance No.

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PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS __ DAY OF __________, 2022.

LISA MIDDLETON
MAYOR
ATTEST:

BRENDA PREE

CITY CLERK

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. ___ is a full, true, and correct copy, and was introduced by the City Council at a regular meeting held on the __ day of _______, 20 22, and adopted at a regular meeting of the City Council held on the __ day of _______, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE

CITY CLERK
Item 1D - Page 6

CITY COUNCIL STAFF REPORT
10/27/2022
SUBJECT:

SECOND READING AND ADOPTION OF ORDINANCE NO. 2068 OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 9.62.055 AND PALM SPRINGS ZONING CODE SECTION 93.23.21

RELATIVE TO THE DEVELOPMENT STANDARDS FOR URBAN LOT SPLITS AND TWO-UNIT RESIDENTIAL DEVELOPMENTS (CASE 5.1548 ZTA)
RECOMMENDATION:

CODE RELATING TO URBAN LOT SPLITS AND TWO-UNIT PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.”
Attachments
Item 1E

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 27, 2022 CONSENT CALENDAR

SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2068 OF THE

CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 9.62.055 AND PALM SPRINGS ZONING CODE SECTION 93.23.21 RELATIVE TO THE DEVELOPMENT

STANDARDS FOR URBAN LOT SPLITS AND TWO -UNIT RESIDENTIAL DEVELOPMENTS (CASE 5.1548 ZTA)

FROM: Teresa Gallavan, Interim City Manager

BY: Flinn Fagg, Deputy City Manager

SUMMARY:

This is the second reading of an ordinance to amend Palm Springs Municipal Code (PSMC) Section 9.62.055 and Palm Springs Zoning Code (PSZC) Section 93.23.21 relative to the development standards for urban lot splits and two- unit developments in accordance with the requirements of Senate Bill 9 (SB 9). The City Council approved the proposed amendment at first reading on October 13, 2022, with a minor revision.

RECOMMENDATION:

RELATING TO URBAN LOT SPLITS AND TWO-UNIT PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.”

STAFF ANALYSIS:

On October 13, 2022, Ordinance No. 2068 was introduced for first reading, as noted below:

ACTION: Waive reading of the ordinance text in its entirety, ready by title only, and introduce for first reading Ordinance No. 2068 , “AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9.62.055 OF THE PALM SPRINGS MUNICIPAL CODE AND SECTION Item 1E - Page 1
City Council Staff Report
October 27, 2022 -- Page 2
Case 5.1548 ZTA

93.23.21 OF THE PALM SPRINGS ZONING CODE RELATING TO URBAN LOT

SPLITS AND TWO -UNIT PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.”
AYES: C
ouncilmembers Holstege, Kors, Woods, Mayor Pro Tem Garner, Mayor Middleton
NOES: None
ABSENT: None
T
he City Council voted to introduce Ordinance No. 2068, subject to the following minor revision:
• R
evise the prohibition on second-floor balconies to allow balconies where there is no direct visibility to adjacent properties.

T
he ordinance has been amended to include this item as directed by the City Council.

T
his report provides for the City Council to waive further reading and adopt the ordinance.

The ordinance shall be effective 30 days from adoption, or as may be otherwise implemented by direction of the City Council.

REVIEWED BY:

Deputy City Manager: Flinn Fagg
City Manager: Teresa Gallavan
ATTACHMENTS:

A. O
rdinance No. 2068 (amended)
Item 1E - Page 2

ATTACHMENT A

Item 1E - Page 3
ORDINANCE NO. 2068

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AMENDING SECTION

9.62.055 OF THE PALM SPRINGS MUNICIPAL CODE AND
SECTION 93.23.21 OF THE PALM SPRINGS ZONING

CODE RELATING TO URBAN LOT SPLITS AND TWO-UNIT

PROJECTS AND DETERMINING THE ORDINANCE TO BE
EXEMPT FROM CEQA.

City Attorney’s Summary
This Ordinance amends the Palm Springs Municipal Code
and the Palm Springs Zoning Code to ado pt revised
development standards for urban lot splits and two- unit developments in single-family residential zones in accordance with Senate Bill 9. The revised standards are intended to better assist in the development of affordable and workforce housing units.

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and

B. In 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”), which, among other things, adds Government Code Section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-units projects; and

C. SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and

D. The City desires to amend its local regulatory scheme to encourage urban lot splits and two-unit projects by removing barriers to such development in accordance with Government Code Sections 66411.7 and 65852.21; and

E. Pursuant to the Charter of the City of Palm Springs and Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the City Council is authorized to initiate proceedings and recommend amendments to the Municipal Code and Zoning Code; and

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F. On September 28, 2022, the Planning Commission conducted a duly noticed public hearing to consider Case No. 5.1548 ZTA, an ordinance amending the Zoning Code to revise certain development standards related to urban lot splits and two- unit projects, and by a 5 to 0 vote, approved Resolution # 6926 recommending approval of a Zoning Text Amendment to the City Council; and

G. Notice of a public hearing of the City Council of the City of Palm Springs to consider amendments to the Municipal Code was given in accordance with appl icable law; and

H. On October 17, 2022, a duly noticed public hearing on the proposed Municipal Code Amendment was held by the City C ouncil in accordance with applicable law where, by a 5 to 0 vote, the City Council adopted the Municipal Code amendment; and

I. Under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enact ed by SB 9.

In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from C EQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi -family residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit, in a residential zone. Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the City Council finds that the ordinance will:

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(1) Not result in a potentially significant cumulative impact as the development allowable under this ordinance will only be established in developed areas where environmental analysis and assessment has occurred, and the scope of allowable development will not result in impacts that signific antly exceed that of the existing development;

(2) Not result in a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances as the development allowable under this ordinance will only be permi tted in developed areas and poses no impacts that differ from existing development;

(3) Not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway as the development allowable under this ordinance is not permitted in areas with scenic area overlay protections as identified in the General Plan and Zoning Code;

(4) Not be located on a hazardous waste site included on any list compiled pursuant to § 65962.5 of the Government Code as no areas eligible for the development allowable under this ordinance are located on a listed hazardous waste site; or

(5) Not result in a substantial adverse change in the significance of a historical resource as alterations to historic resources are governed by the procedures listed in Chapter 8.05 of the Palm Springs Municipal Code and are subject to review and approval by the Historic Preservation Officer and/or the Historic Site Preservation Board.

Each of the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project.

J. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zoning Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented; and

K. The City Council finds that approval of the proposed Zoning Text Amendment would:

1. Implement the requirements of Senate Bill 9 by adopting standards and procedures relative to urban lot splits and two- unit development in single- family residential zone districts that are consistent with state law.

2. Implement the goals and policies of the Housing Element of the City of Palm Springs General Plan by increasing options for the development of new Item 1E - Page 6
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housing units that are affordable for residents with incomes that are at or below the area median income.

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

SECTION 1. That the findings and determinations reflected abo e are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance.

SECTION 2. That Section 9.62.055 of the Palm Springs Municipal Code shall be amended as follows:

Section 9.62.055 Urban Lot Splits

A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

B. Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2. An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

3. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law.

The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a parcel map for an urban lot split is approved or denied Item 1E - Page 7
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ministerially, by the Director, without discretionary review.

2. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. An urban lot split must satisfy each of the following requirements:

1. Map Act Compliance.

(a) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act ( Gov. Code § 66410 et. seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section.

(b) If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:

(1) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.

(2) The city has all the remedies available to it under the SMA, including but not limited to the following:

(i) An action to enjoin any attempt to sell, lease, or finance the property.

(ii) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(iii) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

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(iv) Record a notice of violation.

(v) Withhold any or all future permits and approvals.

(c) Notwithstanding section 66411.1 of the SMA, no dedication of right - of-way or construction of offsite improvements is required for an urban lot split.

2. Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single- family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. Lot Location.

(a) T he lot to be split is not located on a site that is any of the following:

(1) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

(2) A wetland.

(3) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

(4) A hazardous waste site that has not been cleared for residential use.

(5) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

(6) Within a 100- year flood hazard area, unless the site has either:

(i) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and
issued to the local jurisdiction, or

(ii) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
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Program.

(7) Within a regulatory floodway unless all development on the site has received a no-rise certification.

(8) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

(9) Habitat for protected species.

(10) Land under conservation easement.

(11) Land within a hillside area, as that term is defined in section 93.13.00.

(b) The purpose of subpart (E)(3)(a) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B) -(K). (See Gov. Code § 66411.7(a)(3)(C).)

4. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory, nor may the lot be or be within a site that is designated by ordinance as a city or county historic resource or as a historic property or within a historic district.

5. No Prior Urban Lot Split.

(a) The lot to be split was not established through a prior urban lot split.

(b) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

6. No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

(a) Housing that is income- restricted for households of moderate, low, or very low income.

(b) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.

(c) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act ( Gov. Code§§ 7060-7060.7) Item 1E - Page 10
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at any time in the 15 years prior to submission of the urban lot split application.

(d) Housing that has been occupied by a tenant in the last three years.

The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

7. Lot Size.

(a) The lot to be split must be at least 2,400 square feet.

(b) The resulting lots must each be at least 1,200 square feet.

8. Easements.

(a) The owner must enter into an easement agreement with each public service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

(b) Each easement must be shown on the tentative parcel map.

(c) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart (D)(2) above.

(d) If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.

9. Lot Access. Each resulting lot must have either:

(a) Frontage on a public right-of-way of at least 12.5 feet; or

(b) An easement to a public right-of-way that is at least 12.5 feet in width.

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10. Unit Standards.

(a) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 93.23.21 of this code, an ADU, or a JADU.

(b) Unit Size.

(1) The total floor area of the first primary dwelling that is developed on a resulting lot must conform to the following:

(i) less than or equal to 1,500 square feet and

(ii) more than 400 square feet.

(2) The total floor area of the second primary dwelling that is developed on a resulting lot must conform to the following:

(i) less than or equal to 1,000 square feet and

(ii) more than 400 square feet.

(3) If there is a primary dwelling on a resulting lot that was legally established before the urban lot split, the existing dwelling may be expanded in accordance with the lot coverage,
setback, and other standards of this title to the extent that the expansion still leaves at least 1,000 square feet of
developable area on the lot. If there is less than 1,000 square feet of developable area left on the lot, the existing dwelling may not be expanded.

(1) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

(2) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. A second story is only permissible where conformance to lot coverage or setback requirements does not allow for two primary units on the lot of up to 1,000 square feet each. Any Item 1E - Page 12
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portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the setback.

(3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

Second-floor balconies may be permitted, but only where the balcony does not have a direct line of site to adjacent parcels.

(d) Lot Coverage. Lot coverage shall not exceed 45%. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 1,000 square feet each.

(e) Setbacks.

(1) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

(2) Exceptions. Notwithstanding subpart (E)(10)(e) above:

(i) Existing Structures. No setback is required for an existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.

(ii) 1,000 square feet; four -foot side and rear. The
setbacks imposed by the underlying zone must yield to
the degree necessary to avoid physically precluding
the construction of up to two units on the lot or either of the two units from being at least 1,000 square feet in
floor area; but in no event may any structure be less
than four feet from a side or rear property line.

(iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 25 feet from the front property lines. The front setback area must:

(I) be kept free from all structures greater than
three feet high;

(II) be at least 50 percent landscaped with drought-
tolerant plants, with vegetation and irrigation
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plans prepared by a licensed landscape
architect or qualified professional as that term is
defined in PSMC Chapter 8.60;

(Ill) allow for vehicular and fire-safety access to the front structure.

(iv) Front Setback – Exception. If the adjacent lots abutting the side lot lines of the subject lot contain primary
dwellings that have front setbacks with a depth of less than 25 feet, the minimum front setback may be
reduced up to a line parallel to the average of the front setback of the adjacent lots.

(v) Swimming pools. Swimming pools may be permissible
in any yard area in accordance with the requirements
of Section 93.01.00. Wher e a swimming pool is
installed in a front yard setback area, the landscape
requirement identified in subpart (E)(10)(e)(2)(iii)(II) above may be reduced to a minimum of 15 percent.

(f) Parking.

(1) Parking Spaces Required. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off -street parking space per unit unless one of the following applies:

(i) The lot is located within one-half mile walking distance of either

(I) a corridor with fixe d route bus service with
service intervals no longer than 15 minutes
during peak commute hours or

(II) a site that contains an existing rail or bus rapid transit station, or the intersection of two or more
major bus routes with a frequency of service
interval of 15 minutes or less during the morning
and afternoon peak commute periods.

(ii) The site is located within one block of a car -share vehicle location.

(2) Tandem Parking. Tandem parking within a garage, carport, Item 1E - Page 14
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or on a surface parking area are permissible for any lot developed as part of an urban lot split.

(g) Driveways.

(1) Maximum Number of Driveways. A maximum of one new
driveway is permitted for each lot that is created as part of an urban lot split.

(2) Maximum Driveway Width. Driveway width is limited to a maximum of 18 feet, measured from outside edge to outside edge.

(3) Distance from Street Intersection. Each new driveway must be at least thirty feet from the intersecting corner property lines at the street intersection.

(4) Parking Bays. Parking bays that take direct access from a public right-of-way shall are prohibited.

(h) Architecture.

(1) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit tha t is visible from a public right -of-way must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(2) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(3) All exterior lighting must be limited to down-lights.

(4) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, lands caping, or privacy glass may be used to provide screening and prevent a direct line of sight.

(5) If an attached garage is visible from a public right-of-way, the total width of all garage doors on the dwelling must be less Item 1E - Page 15
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than 50 percent of the total wi dth of the dwelling’s façade facing the public right-of-way.

(i) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights - of-way) as follows:

(1) At least one (1) 5-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24″ box size plant shall be provided for every ten (10) linear feet of exterior wall. A minimum of two (2) 24” box size drought tolerant trees shall be planted on each lot created under this ordinance.

(2) Plant specimens utilized to provide screening as required in subpart (E)(10)(h)(4) above must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.

(3) All landscaping must be drought tolerant.

(4) All landscaping must be from the city’s approved plant list.

(j) Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.

(k) Utilities. Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.

(l) Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

11. Zero-Lot Line Development.

(a) Zero-lot line development may be permitted as part of an urban lot split. The zero- lot line condition shall only be permitted on the common property line between the resulting lots that are created as part of an urban lot split; structures shall not be allowed at a side or rear yard property line that is shared with existing abutting lots.

(b) Where a zero-lot line condition is employed along a common side or rear property line on the resulting lots that are created as part of an urban lot split, the opposite side yard or rear yard shall be increased by the corresponding setback reduction. The aggregate setbacks Item 1E - Page 16
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shall be as follows:

(1) The aggregate side yard setback shall be the minimum side yard setback of the underlying zone district or 8 feet, whichever is greater.

(2) The aggregate rear yard setback shall be the minimum rear yard setback of the underlying zone district but may be reduced to 8 feet where the setbacks of the underlying zone physically preclude the construction of up to two units on the lot or either of the two units from being at least 1,000 square feet in area.

12. Fire-Hazard Mitigation Measures.

(a) A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

(1) It must have direct access to a public right -of-way with a paved street with a width of at least 40 feet. The public right - of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

(2) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

(3) All enclosed structures on the site must have fire sprinklers.

(4) All sides of all dwellings on the site must be within a 150- foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe.

(5) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire authority standard pump and hose equipment.

(b) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire hazard mitigation measures in accordance with this subpart (E)(11). The city or its authorized agent must inspect the site, including all structur es on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city’s costs for inspection. Failure to pay is grounds for denying the application.

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13. Separate Conveyance.

(a) Within a resulting lot.

(1) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

(2) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

(3) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

(b) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

14. Regulation of Uses.

(a) Residential-only. No non- residential use is permitted on any lot created by urban lot split.

(b) No Short-Term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.

(c) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three (3) years after the urban lot split is approved.

15. Notice of Construction.

(a) At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the Item 1E - Page 18
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adjacent residential parcels, which notice must include the following information:

(1) Notice that construction has been authorized,

(2) The anticipated start and end dates for construction,

(3) The hours of construction,

(4) Contact information for the project manager (for construction- related complaints), and

(5) Contact information for the Building & Safety Division.

(b) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

16. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

(a) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

(b) Expressly prohibits any non-residential use of the lots created by the urban lot split.

(c) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

(d) States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

1. Notwithstanding anything els e in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to Item 1E - Page 19
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satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. (Ord. 2058 § 2, 2022; Ord. 2057 § 3, 2022)

SECTION 3. That Section 93.23.21 of the Palm Springs Zoning Code shall be amended as follows:

Section 93.23.21 Two-Unit Projects

A. Purpose. The purpose of this section is to allow and appropriately regulate two- unit projects in accordance with Government Code section 65852.21.

B. Definition. A “two -unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & T ax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2. An application for a two- unit project must be submitted on the city’s approved form.

3. The applicant must obtain a certificate of compliance with the Su bdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The city will inform the Item 1E - Page 20
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applicant in writing of any incompleteness within 30 days after the application is submitted.

5. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law.

The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a two-unit project is approved or denied ministerially, by the Director, without discretionary review.

2. The ministerial approval of a two- unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. A two-unit project must satisfy each of the following requirements:

1. Map Act Compliance. The lot must have been legally subdivided.

2. Zone. The lot is in a single- family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. Lot Location.

a. The lot is not located on a site that is any of the following:

1) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

2) A wetland.

3) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

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4) A ha zardous waste site that has not been cleared for residential use.

5) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

6) Within a 100- year flood hazard area, unless the site has either:

(i) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and
issued to the local jurisdiction, or

(ii) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.

7) Within a regulatory floodway unless all development on the site has received a no-rise certification.

8) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

9) Habitat for protected species.

10) Land under conservation easement.

11) Land within a hillside area, as that term is defined in section 93.13.00.

b. The purpose of subpart (E)(3)(a) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B) -(K). (See Gov. Code § 66411.7(a)(3)(C).)

4. Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory, nor may the lot be or be within a site that is designated by ordinance as a city or county resource or as a historic property or within a historic district.

5. No Impact on Protected Housing. The two- unit project must not require or include the demolition or alteration of any of the following types of housing:

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a. Housing that is income- restricted for households of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.

c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the 15 years prior to submission of the urban lot split application.

d. Housing that has been occupied by a tenant in the last three years.

The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. Unit Standards.

a. Quantity.

1) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.

2) A lot that is not created by an urban lot split may have a two-- unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU
ordinance.

b. Unit Size.

1) The total floor area of the first pr imary dwelling that is developed on a resulting lot must conform to the following:

(i) less than or equal to 1,500 square feet and

(ii) more than 400 square feet.

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2) The total floor area of the second primary dwelling that is developed on a resulting lot must conform to the following:

(i) less than or equal to 1,000 square feet and

(ii) more than 400 square feet.

3) If there is a primary dwelling on a resulting lot that was legally established before the urban lot split, the existing dwell ing may be expanded in accordance with the lot coverage,
setback, and other standards of this title to the extent that the expansion still leaves at least 1,000 square feet of
developable area on the lot. If there is less than 1,000 square feet of developable area left on the lot, the existing dwelling may not be expanded.

c. Height Restrictions.

1) On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

2) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. A second story is only permissible where conformance to lot cover age or setback requirements does not allow for two primary units on the lot of up to 1,000 square feet each. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the step back.

3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project. Second- floor balconies may be permitted, but only where the balcony does not have a direct line of site to adjacent parcels.

d. Demo Cap. The two- unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

e. Lot Coverage. Lot coverage shall not exceed 45%. This lot coverage standard is only enforced to the extent that it does not prevent two Item 1E - Page 24
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primary dwelling units on the lot at 1,000 square feet each.

f. Setbacks.

1) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

2) Exceptions. Notwithstanding subpart (E)(6)(f) above:

(i) Existing Structures. No setback is required for an existing legally established s tructure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.

(ii) 1,000 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree
necessary to avoid physically precluding the
construction of up to two units on the lot or either of the two units from being at least 1,000 square feet in floor area; but in no event may any structure be less than
four feet from a side or rear property line.

3) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 25 feet from the front property lines. The front setback area must:

(i) be kept free from all structures greater than three feet high;

(ii) be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans prepared by a licensed landscape architect or qualified professional as that term is defined in PSMC Chapter 8.60;

(iii) allow for vehicular and fire- safety access to all structures on the lot.

4) Front Setback – Exception. If the adjacent lots abutting the side lot lines of the subject lot contain primary dwellings that have front setbacks with a depth of less than 25 feet, the minimum front setback may be reduced up to a line parallel to the average of the front setback of the adjacent lots.

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5) Swimming pools. Swimming pools may be permissible in any yard area in accordance with the requirements of Section

93.01.00. Where a swimming pool is installed in a front yard setback area, the landscape requirement identified in subpart (E)(6)(f)(3)(ii) above may be reduced to a minimum of 15 percent.

g. Parking.

1) Parking Spaces Required. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:

(i) The lot is located within one-half mile walking distance of either

(I) a corridor with fixed route bus service with
service intervals no longer than 15 minutes
during peak commute hours or

(ii) The site is located within one block of a car -share vehicle location.

2) Tandem Parking. Tandem parking within a garage, carport, or on a surface parking area are permissible for any lot developed as part of an urban lot split.

h. Driveways.

(1) Maximum Number of Driveways. A maximum of one new
driveway is permitted for each lot that is created as part of an urban lot split.

(2) Maximum Driveway Width. Driveway width is limited to a maximum of 18 feet, measured from outside edge to outside edge.

(3) Distance from Street Intersection. Each new driveway must be at least thirty feet from the intersecting corner property Item 1E - Page 26
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lines at the street intersection.

(4) Parking Bays. Parking bays that take direct access from a public right-of-way shall are prohibited.

i. Architecture.

1) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit that is visible from a public right -of-way must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

2) If there is no legal primary dwelling on the lot before the two- unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

3) All exterior lighting must be limited to down-lights.

4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

5) If an attached garage is visible from a public right-of-way, the total width of all garage doors on the dwelling must be less than 50 percent of the total width of the dwelling’s façade facing the public right-of-way.

j. Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights - of-way) as follows:

1) At least one (1) 5-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24″ box size plant shall be provided for every ten (10) linear feet of exterior wall. A minimum of two (2) 24” box size drought tolerant trees shall be planted on each lot created under this ordinance.

2) Plant specimens utilized to pr ovide screening as required in subpart (E)(10)(h)(4) above must be at least six (6) feet tall Item 1E - Page 27
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when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.

3) All landscaping must be drought tolerant.

4) All landscaping must be from the city’s approved plant list.

k. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

l. Utilities. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

m. Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.

7. Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire- hazard mitigation measures:

a. It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

b. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

c. All enclosed structures on the site must have fire sprinklers.

d. All sides of all dwellings on the site must be within a 150- foot hose pull distance from either the public right -of-way or of an onsite fire hydrant or standpipe.

e. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire-authority standard pump and hose equipment.

8. Separate Conveyance.

a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.

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b. Condominium airspace divisions and common interest
developments are not permitted within the lot.

c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

9. Regulation of Uses.

a. Residential-only. No non-residential use is permitted on the lot.

b. No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.

c. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two- unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

10. Notice of Construction.

a. At least 30 business days before starting any construction of a two- unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

1) Notice that construction has been authorized,

2) The anticipated start and end dates for construction,

3) The hours of construction,

4) Contact information for the project manager (for construction- related complaints), and

5) Contact information for the Building & Safety Department.

b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

11. Deed Restriction. The owner must record a deed restriction, acceptable to Item 1E - Page 29
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the city, that does each of the following:

a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

b. Expressly prohibits any non-residential use of the lot.

c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

d. If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.

e. States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the city may deny an application for a two- unit project if the building official makes a wri tten finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov.

Code 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(9).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Remedies. If a two- unit project violates any part of this code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

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2. The city may:

a. Bring an action to enjoin any attempt to sell, lease, or finance

the property.

b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

d. Record a notice of violation.

e. Withhold any or all future permits and approvals.

f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code. (Ord. 2058 § 3, 2022; Ord. 2057 § 4, 2022)

SECTION 4. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and ach section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 5. Under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinanc e implements these new laws enacted by SB 9.

SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 27
TH DAY OF OCTOBER, 2022.

Item 1E - Page 31
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LISA MIDDLETON
MAYOR

ATTEST:

BRENDA PREE, MMC

CITY CLERK

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held 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 1E - Page 33

CITY COUNCIL STAFF REPORT
10/27/2022
SUBJECT:

SECOND READING AND ADOPTION OF ORDINANCE NO. 2069 CHANGING THE ZONING DESIGNATION OF ‘SINGLE FAMILY RESIDENTIAL (R-1-D)’ TO ‘SINGLE-FAMILY RESIDENTIAL (R-1-E)’ FOR THE SUBDIVISION OF A 6.44-ACRE LOT INTO THIRTY-ONE (31) SINGLE-FAMILY RESIDENTIAL PARCELS FOR

FUTURE DEVELOPMENT AT THE EAST TERMINUS OF VERONA ROAD
RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2069, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1527 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONING DESIGNATION OF ‘SINGLE FAMILY
RESIDENTIAL (R-1-D)’ (7,500-SQUARE FOOT LOT) TO ‘SINGLE-FAMILY RESIDENTIAL (R-1-E)’ (5,000-SQUARE FOOT LOT) FOR THE SUBDIVISION OF A

6.44-ACRE LOT INTO THIRTY-ONE (31) SINGLE-FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT THE EAST TERMINUS OF VERONA ROAD.” Attachments
Item 1F

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 27, 2022 CONSENT CALENDAR

SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2069 CHANGING THE ZONING DESIGNATION OF ‘SINGLE FAMILY
RESIDENTIAL (R-1-D)’ TO ‘SINGLE-FAMILY RESIDENTIAL (R-1-E)’ FOR THE SUBDIVISION OF A 6.44 -ACRE LOT INTO THIRTY -ONE (31)

SINGLE-FAMILY RESIDENTIAL PARCELS FOR FUTURE

DEVELOPMENT AT THE EAST TERMINUS OF VERONA ROAD

FROM: Teresa Gallavan, Interim City Manager

BY: Department of Planning Services

SUMMARY:

This is the second reading of an ordinance approving a Change of Zone to amend the zoning designation of a 6.44-acre lot into thirty-one (31) single-family residential parcels for future development at the east terminus of Verona Road.

RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2069 , “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1527 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONING DESIGNATION OF ‘SINGLE FAMILY RESIDENTIAL (R-1-D)’ (7,500- SQUARE FOOT LOT) TO ‘SINGLE -FAMILY RESIDENTIAL (R -1-E)’ (5,000-SQUARE FOOT LOT) FOR THE SUBDIVISION OF A 6.44 -ACRE LOT INTO THIRTY-ONE (31) SINGLE -FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT THE EAST TERMINUS OF VERONA ROAD.”

STAFF ANALYSIS:

On October 17, 2022, Ordinance No. 2069 was introduced for first reading, as noted below:

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to introduce Ordinance No. 2069 entitled, “AN ORDINANCE OF THE CITY

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

5.1527 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONING DESIGNATION Item 1F - Page 1
City Council Staff Report
October 27, 2022 -- Page 2
Second Reading & Adoption – Ordinance No. 2069

OF ‘SINGLE FAMILY RESIDENTIAL (R -1-D)’ (7,500- SQUARE FOOT LOT) TO ‘SINGLE-FAMILY RESIDEN TIAL (R -1-E)’ (5,000- SQUARE FOOT LOT) FOR THE SUBDIVISION OF A 6.44 -ACRE LOT INTO THIRTY -ONE (31) SINGLE -FAMILY

RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT THE EAST TERMINUS OF VERONA ROAD.

City Attorney’s Summary: This ordinance amends the zoning designation of certain property located at the east terminus of Verona Road from ‘Single Family Residential (R- 1-D)’ (7,500 square foot lot minimum) to ‘Single Family Residential’ (R -1-E)’ (5,000 square foot lot minimum) in order to permit the subdivision of thirty-one (31) single-family residential parcels for development to R -1-E zoning standards. The ordinance also makes certain findings required by the Palm Springs Municipal Code for zoning changes to land.

This report provides for the City Council to waive further reading and adopt the ordinance.

The ordinance shall be effective 30-days from adoption.

REVIEWED BY:

Department Director: Brenda Pree
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Ordinance No. 2069
Item 1F - Page 2

ATTACHMENT A
Item 1F - Page 3

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1527 CZ,

CHANGE OF ZONE, TO AMEND THE CURRENT ZONING
DESIGNATION OF ‘SINGLE FAMILY RESIDENTIAL (R -1-D)’
(7,500-SQUARE FOOT LOT) TO ‘SINGLE-FAMILY RESIDENTIAL
(R-1-E)’ (5,000-SQUARE FOOT LOT) FOR THE SUBDIVISION OF A 6.44 -ACRE LOT INTO THIRTY -ONE (31) SINGLE -FAMILY

RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT THE
EAST TERMINUS OF VERONA ROAD.

City Attorney’s Summary
This ordinance amends the zoning designation of certain property located at the east terminus of Verona Road from ‘ Single Family Residential (R -1-D)’ (7,500 square foot lot minimum) to ‘Single Family Residential’ (R-1- E)’ (5,000 square foot lot minimum) in order to perm it the subdivision of thirty -one (31) single- family residential parcels for development to R-1-E zoning standards. The ordinance also makes certain findings required by the Palm Springs Municipal Code for zoning changes to land.

THE CITY COUNCIL OF THE CITY OF PALM SPRIN GS FINDS AND DETERMINES AS FOLLOWS:

A. Casa Verona LLC/Mark Temple, (“Applicant”) has submitted applications with the City pursuant to Chapter 94.07.00 of Palm Springs Zoning Code for a Change of Zone request to change the current zoning designation of the s ubject parcel from single-family residential R -1-D (7,500- square foot lot) to R -1-E (5,000-square foot lot) and pursuant to Chapter 9.62 of the City’s Municipal Code for a Tentative Tract Map (TTM 38042), to subdivide the vacant 6.44-acre parcel into thirt y-one (31) singl e-family residential lots for the purpose of constructing new homes (APN 677-020-032) (“Project”).

B. The Project is considered a “project” by the California Environmental Quality Act (CEQA).

C. On March 29, 2022, the City issued a Notice of Intent (NOI) to adopt a Mitigated Negative Declaration (MND). The NOI was circulated to responsible agencies and interested groups and individuals for review and comment. An Initial Study (IS) was prepared by the Altum Group and circulated for a 20- day public review period from April 1 to April 20, 2022.

D. The City received no written comments on the circulated MND and a Notice of Determination (NOD) was prepared and filed.

Item 1F - Page 4
E. On July 14, 2022, the P roject was reviewed by the Riverside County Airport Land Use Commission (ALUC) and was found consistent with the Airport Compatibility Plan subject to conditions which have been incorporated in the final Conditions of Approval for the Project.

F. On September 14, 2022, the Planning Commission held a duly noticed public hearing where it reviewed the Project and voted 6-0-1 (absent, Aylaian) to recommend approval of the request to change the current zoning designation of single-family residential R-1-D (7,500-square foot lot) to R-1-E (5,000-square foot lot); recommend adoption of a Mitigated Negative Declaration; and recommend approval of a Tentative Tract Map to subdivide a 6.44 -acre parcel into thirty -one (31) lots.

G. On October 17, 2022, the City Council held a duly noticed public hearing on the Project in accordance with applicable law. The City Council carefully reviewed and considered the information contained in the MND, all of the evidence presented in connection with the meetings on the Project including, but not limited to, staff reports on all aspects of the Project, and all written and oral testimony presented, and found the MND to be in compliance with CEQA and found that any potentially significant environmental impacts outlined in the report will be adequately mitigated to less that significant levels.

H. At the conclusion of the October 17 , 2022 public hearing, introduced and waived further reading of this O rdinance adopting the final MND and to change the current zoning designation of single- family residential R-1- D (7,500- square foot lot) to R -1-E (5,000-square foot l ot), and approved by separate resolution a Tentative Tract Map to subdivide the 6.44-acre Project parcel into thirty-one (31) residential lots, subject to adoption of this Ordinance.

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

SECTION 1:

The City Council hereby finds that the Project/this Ordinance is considered a “project” pursuant to the California Environmental Quality Act (CEQA). An Initial Study has been prepared for the Project that evaluates the potential environmental impacts of the Project resulting in a Mitigated Negative Declaration (MND). The City Council has reviewed and considered the information in the Initial Study and hereby certifies the final Mitigated Negative Declaration in accordance with CEQA.

SECTION 2:

Pursuant to Zoning Code Section 94.07.00(A) – “ the council in reviewing a proposed change of zone shall consider whether the following conditions exist in reference to the proposed zoning of the subject property”:

Item 1F - Page 5

1. The proposed change of zone is in conformity with the general plan map and report.

The requested change of zone is from R -1-D (7,500- square foot lot) to R -1-E (5,000-square foot lot); the General Plan designation of the property is LDR (Low Density Residential), which permits a density range of 4.1 to 6.0 dwelling units per acre. The proposed change of zone would be in conformity with the general plan land use designation given that the goal of the General Plan is to provide for neighborhood-related residential uses in the area. The proposed change of zone is being made in accordance with the procedures set forth in State Planning law and the change of zone hearings are being held in accordance with applicable laws.

The proposed change of zone will not require an amendment to the General Plan because the R-1-E zoning district is consistent with the LDR designation, which is for low density residential uses. The proposed change of zone will result in the creation of thirty -one (31) lots, which is c onsistent with the general plan for the low density of the subject site allowing twenty -six (26) to thirty -eight (38) units at this site. The Tentative Tract Map shows the street and parcel layouts with required water retention basins resulting in the proposed thirty -one (31) lots with limit area to increase the number.

The City of Palm Springs General Plan provides a series of goals and objectives in the Housing Element. The approval of the requested Change of Zone will further advance the following:

Goal HS1 – Facilitate a broad range of housing types, prices, and opportunities to address current and future housing needs in the community.
• HS1 – Provide adequate residential sites to accommodate new housing through land use, zoning, and specific plan
designations.
• HS1.4 – Review and rev ise development standards as available land continues to diminish and housing demand increases, the City will need to consider higher density housing opportunities, particularly on underutilized land.

The proposed Change of Zone will allow for smaller lots and greater density housing as stated in the General Plan goals and objectives.

2. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council.

The application proposes thirty-one (31) lots each of which are conforming to the minimum size and dimensional requirements for the R -1-E zone. The area in which the subject 6.44- acre parcel is in the Gene Autry and Whitewater Item 1F - Page 6
neighborhoods consisting primarily of single- family residences and the proposed development is consistent with the current development patterns. The development is served by the existing East Verona Road which will be extended to meet the development and will be well integrated into the fabric of the area.

Therefore, the property is adequate in size and consistent with surrounding development as demonstrated by the new subdivision and suitable for the uses permitted in the proposed zone.

3. The proposed change of zone is necessary and proper at this time and is not likely to be detrimental to the adjacent property or residents.

The proposed Change of Zone of the approximately 6.44- acre parcel to R-1-E is proper at this time given that the parcel has remained undeveloped. The proposed change will allow the property to be developed appropriately and thereby help the City to meet its stated housing goals and needs by increasing density. The proposed zone change will not have adverse effects on existing and future surrounding land uses given that future properties and existing homes to the west, north and south of the site are also residential uses. The potential use of zero-lot line development will be separated from adjacent land uses due to the physical location of the lot at the terminus of East Verona Road and the existing Whitewater Channel. The change of zone request allows consistency in development patterns and proposed uses that are similar to those in adjacent parcels. The parcels to the south are currently undeveloped and by making the Change of Zone at this time, future development patterns may emerge that are complementary and consistent with one another. For these reasons, the ch ange of zone is necessary and proper at this time and poses no detrimental impact on adjacent properties.

SECTION 3:

Pursuant to California Law, this ordinance was introduced at first reading on October 1 7, 2022 and adopted at second reading on _____, 2022 for the approval of Case 5.1 527-CZ Change of Zone and the Mitigated Negative Declaration.

SECTION 4:

The City Council adopts an ordinance to amend the City’s zoning map to change the zoning designation from R-1- D (Single -Family Residential – 7,500 square feet) to R-1-E (Single-Family Residential - 5,000 square feet) for an undeveloped

6.44-acre site located at th e east terminus of Verona Road, subject to the conditions of approval as outlined in attached Exhibit “A.”

SECTION 5:

Item 1F - Page 7
Effective Date: This Ordinance shall be in full force and effect thirty (30) days after passage.

SECTION 6:

Publication: The City Clerk is hereby ordered to and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law.

ADOPTED this ______ day of October, 2022.

Lisa Middleton, Mayor

ATTEST:

________________________________
Brenda Pree, City Clerk
Item 1F - Page 8

CITY COUNCIL STAFF REPORT
10/27/2022
SUBJECT:

LETTER OF SUPPORT – CV RAIL FEDERAL GRANT APPLICATIONS
RECOMMENDATION:

Approve the letter of support.

Attachments
Item 1G

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 27, 2022 CONSENT CALENDAR

SUBJECT: LETTER OF SUPPORT – CV RAIL FEDERAL GRANT APPLICATIONS

FROM: Teresa Gallavan, Interim City Manager

BY: Office of the City Clerk

SUMMARY:

This agenda item provides the C ity Council the opportunity to issue a letter of support for the Riverside County Transportation Commission’s (RCTC) Solutions for Congested Corridor Program (SCCP) and Local Partnership Program (LPP) grant applications to fund the Mid County Parkway Const ruction Contract 3 and Perris Valley Line Second Main Track Projects.

RECOMMENDATION:

Approve the letter of support.

BACKGROUND:

The Riverside County Transportation Commission (RCTC) seeks to increase regional access to multi -modal transportation options, provide safety improvements, and increase air qualit y in the region. RCTC has partnered with the Federal Railway Association, Caltrans, and other agencies to extend railroad connectivity throughout the region. In accordance with these efforts , RCTC has requested support for a grant funding opportunity, the Solutions for Congested Corridor Program (SCCP) and Local Partnership Program (LPP) g rant applications to fund the Mid County Parkway Construction Contract 3 and Perris Valley Line Second Main Track P rojects. The proposed project improvements would advance commuter rail service through increased Metrolink frequency on portions of the 91/Perris Valley Line al ong the I-215 corridor; strengthening of arterial connection s to increase saf e access for San Jacinto Valley residents; and the implementation of safety improvements to reduce collisions on the Ramona Expressway.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the Palm Springs Climate Action Plan and City Council priorities around Environmental Stewardship.

Item 1G - Page 1
City Council Staff Report
October 27, 2022 -- Page 2
Letter of Support – CV Rail
FISCAL IMPACT:

Ther
e is no fiscal impact as the result of issuing this letter.

REVIEWED BY:

Department Director: Brenda Pree
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

A. Lett
er of Support for the Riverside County T ransportation Commission Solutions for Congested Corridors and Local Partnership Grant Applications Item 1G - Page 2

ATTACHMENT A
Letter of Support for RCTC Grant Application
Item 1G - Page 3

October 27, 2022

The Honorable Lee Ann Eager
Chair
California Transportation Commission
1120 N Street, MS 52
Sacramento, California 95814

Re: Support for the Riverside County Transportation Commission Solutions for Congested Corridors and Local Partnership Grant Applications

Dear Chair Eager:

On behalf of the City of Palm Springs, we write in strong support of Riverside County Transportation Commission’s (RCTC) Solutions for Congested Corridor Program (SCCP) and Local Partnership Program (LPP) grant applications to fund the Mid County Parkway Construction Contract 3 and Perris Valley Line Second Main Track Projects. The projects are vital components of RCTC’s vision to implement safe multimodal solutions in the rapidly growing communities of southwestern Riverside County and the San Jacinto Valley. Riverside County is the fastest growing county in California and the fifth fastest growing in the country, and these communities are ground zero for that growth.

The Mid County Parkway Construction Contract 3 and Perris Valley Second Main Track Projects will allow greater access to multimo dal transportation options, provide safety improvements, and help improve air quality in our region. Project improvements include:

• Increased Commuter Rail Service – enabling increased Metrolink service frequency by double tracking stretches of the 91/Perris Valley Line along the Interstate (I)-215 corridor. • Improved Safety – reducing the high rate of collisions along dangerous stretches of Ramona Expressway by implementing safety improvements.
• Bolstered Access to Transit Service – strengthening arterial connections so San Jacinto Valley residents may better access the Metrolink 91/Perris Valley Line and other transit services.

Decades of underinvestment in transportation systems in these communities show in the congestion that residents must weather every day on the I -215 corridor and unsafe surface streets such as Ramona Expressway to access employment and education opportunities. The same residents must also compete in traffic with the nation’s agricultural and freight carriers, 40 percent of which travels through the Inland Empire region. Projects like these that provide safe, accessible, multimodal facilities are critical for these communities and businesses to thrive.

The Mid County Parkway Construction Contract 3 project aligns with long term planning goals of improving mobility options between the San Jacinto Valley and Perris Valley and improving access to employment centers, governmental services, and medical facilities in downtown Riverside and beyond. The project also leverages and supports the Metrolink Perris Valley Line Capacity Improvement Project, for which the State recently awarded $25 million to Metrolink, a partnership application with RCTC.

We are proud to support RCTC’s efforts to advance multimodal and safety projects in Riverside County. RCTC has already committed 59% of the $207 million needed to complete the projects. As a Self-Help County, RCTC is not only eligible to receive these funds but has demonstrated a major commitment to invest in mobility solutions necessary for the prosperity of its constituents.

For these reasons, we support the award of these funds to RCTC for the Mid County Parkway Construction Contract 3/ Perris Valley Line Second Main Track Projects.

Thank you,

<signatures>
Item 1G - Page 4

CITY COUNCIL STAFF REPORT
10/27/2022
SUBJECT:

ARCTIC WOLF SECURITY OPERATIONS CLOUD AND CONCIERGE SECURITY

OPERATIONS CENTER SOLUTIONS AGREEMENT
RECOMMENDATION:

Authorize the Interim City Manager to execute all necessary documents.

Attachments
Item 1H

CITY COUNCIL STAFF REPORT

DATE: O CTOBER 27, 2022 CONSENT CALENDAR

SUBJECT: ARCTIC WOLF SECURITY OPERATIONS CLOUD AND CONCIERGE

SECURITY OPERATIONS CENTER SOLUTIONS AGREEMENT

FROM: Teresa Gallavan, Interim City Manager

BY: Information Technology Department

SUMMARY:

This action will authorize the Interim City Manager to execute the solutions agreement between the City and Arctic Wolf Security Operations Cloud and Concierge Security Operations Center.

RECOMMENDATION:

Authorize the Interim City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure for Savant Solutions is included as Attachment B.

BACKGROUND:

At the meeting of September 1, 2022, City Council authorized the purchase of Arctic Wolf Security Operations Cloud and Concierge Security Operation Center (AWS) from Savant Solutions. Since the Carahsoft NASPO ValuePoint Cooperative Purchasing Contract was used to procure, Arctic Wolf requires a signed solutions agreement which they originally stated was not necessary. This agreement was not included in the previous staff report.

STAFF ANALYSIS:

Staff worked with AWS to produce a solutions agreement t hat was agreeable to both parties. The attached agreement (Attachment A) has been vetted and agreed upon by Arctic Wolf, the City’s Legal team, and the City’s procurement division.

Item 1H - Page 1
City Council Staff Report
October 27, 2022 – Page 2
Arctic Wolf Security Operations Cloud and Concierge Security Operations Center Solutions Agreement

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

There is no fiscal impact associated with this report.

REVIEWED BY:

Assistant Director: Jason Underwood
Department Director: Larry Klingaman
Deputy City Manager: Jeremy Hammond
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Arctic Wolf Security Operations Cloud and Concierge Security Operations Center (AWS) Solutions Agreement
B. Public Integrity Disclosure
Item 1H - Page 2

ATTACHMENT A

Item 1H - Page 3

SOLUTIONS AGREEMENT
(via Authorized Partner)

This Solutions Agreement (the “ Agreement”) is a legal agreement entered into by and between the Customer identified in the signature block below (“Customer”) and Arctic Wolf Networks, Inc. (“ Arctic Wolf”) and governs any order forms, quotes, or other ordering document executed by the Customer (“Order Form”) that reference this Agreement . An Order Form will be issued to Customer by an Arctic Wolf authorized partner (“Authorized Partner”). This Agreement is effective on the date last executed in the signature block below (the “Effective Date”). This Agreement permits Customer to purchase subscriptions to the Solutions , as defined below, identified in the Order Form from its Authorized Partner and sets forth the terms and conditions under which those Solutions will be delivered. The Agreement consists of the terms and conditions set forth below, any attachments or exhibits identified herein and any Order Forms that reference this Agreeme nt. The parties understand that this purchase is being made under the terms set forth under NASPO Master Agreement AR2472 dated October 13, 2016 and corresponding State of California Participating Addendum ( No. 7 -17-70-40-05) (collectively, the “ NASPO Terms”). Despite any terms to the contrary in the NASPO Terms, Customer agrees to be bound to the terms of this Agreement and agrees the delivery of the Solutions (as defined below) are go verned by this Agreement. If there is a conflict between the terms below, the Order Form, or the terms set forth in an URL referenced herein (such URL terms, the “Terms”), the documents will control in the following order: the Order Form, this Agreement, the Terms, and the NASPO Terms. Any capitalized terms not otherwise defined herein will have the meaning set forth in the Solutions Terms .

In consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Scope.

1.1 Solutions. Customer will purchase and Arctic Wolf , together with its Affiliates, will provide the specific products and services ( each a “Solution” or collectively, “Solutions”) as specified in the applicable Order Form. For purposes of this Agreement, “Affiliate” means any company or other entity, which directly or indirectly controls, is controlled by or is under joint control with Arctic Wolf.

A Solution will be comprised of the following components:

Managed Detection & Response
Solution
Managed Risk Solution Managed Security Awareness
/ Managed Security
Awareness+ Solution
Software The object form of any software,
including any operating system
software included in the Equipment,
and add-ons offering enhanced
features and functionality made
generally available to Arctic Wolf
customers from time-to-time
The object form of any software,
including any related to virtual
Equipment, if applicable, any
operating system software included
in the Equipment, and add-ons
offering enhanced features and
functionality made generally
available to Arctic Wolf customers
from time-to-time
N/A
Equipment Virtual appliances or physical sensors Virtual appliances or physical scanners
N/A
Content N/A N/A Online access and download
rights, if licensed by Customer,
to Customer learning content
and Content Compliance Pack
within the Administrator
Dashboard and/or Content
Library
Content Management
Hosting Environment
N/A N/A Access to and use of a cloud -
based learning management tool
(the “Administrator Dashboard ”)
and metrics related to the use of
the Content by Customer’s users
Services Support, onboarding services, and
services provided by Security
Services, all as described in the
Solutions Terms (defined below)
Support, onboarding services, and
services provided by Security
Services, all as described in the
Solutions Terms (defined below)
Support, onboarding services,
and Content modification
services, all as described in the
Solutions Terms (defined below)
Professional Services As agreed by the parties in
accordance with Section 3
As agreed by the parties in
accordance with Section 3
As agreed by the parties in
accordance with Section 3
Platform One (1) Sensor 100 series
Unlimited data ingestion
Access to the Customer Portal
Unlimited data ingestion
Access to the Customer Portal
Use of the Arctic Wolf Agent
N/A
DocuSign Envelope ID: F8B8780A-0C2F-4F5B-86D1-C08F717A75CB Item 1H - Page 5

Use of the Arctic Wolf Agent
90-day Log Retention (unless another
retention period is purchased by
Customer and set forth on an Order
Form)

1.2 License Grant. The Solutions are provided on a subscription basis for a set term designated on the Order Form (each, a “ Subscription Term”) for the one -time costs and subscription fees set forth therein (the “ Fees”). Provided Customer is in compliance with the terms of this Agreement, including payment of Fees, Arctic Wolf grants to Customer a limited, non- transferable, non-sublicensable, non-exclusive right and/or license during the Subscription Term , to the extent a component of the Solutions being licensed by Customer as set forth in Section 1.1 above, to:
(i) Install, use and access the Software,
(ii) Use the Equipment for purposes of the use of the Solutions, (iii) Obtain and use the Services in conjunction with Customer’s use of the Solutions, (iv) Load Customer’s users and associated information for delivery of Content and use of the Administrator Dashboard, (v) Access the Customer Portal and/or Administrator Dashboard, as applicable, subj ect to the Privacy Notice located at https://arcticwolf.com/privacy -policy-for-customer-portal-users/, as may be updated from time-to-time in accordance with Section 13 below (the “Privacy Notice”),
(vi) Access and use the Platform features and functionality , (vii) Use Arctic Wolf Trademarks included in the Content in accordance with the Solutions Terms, and (viii) Distribute, display, transmit, and, if licensed by Customer, download certain Content in electronic format.

Customer may access and use the Solutions, and any Documentation associated therewith, solely for its own internal business p urposes and in accordance with the terms and conditions of this Agreement, such associated Doc umentation, any scope of use restrictions and license counts, including by server, user, or such other licensing metric designated in the applicable Order Form, and the Solutions Terms fo und at https://arcticwolf.com/terms/solutionsterms/ , as may be updated from time to time by Arctic Wolf in accordance with Section 13 herein (the “Solutions Terms”). “Documentation” means user manuals, tr aining materials, product descriptions and specifications, and other printed information relating to the Solution, as in effect and generally available from Arctic Wolf, but expressly excluding marketin g and sales collateral and materials.

1.3 Future Functionality. Customer agrees that it has not relied on the promise of availability of any future functionality of the Solutions or any other future product or service in executing this Agreement or any Order Form. Customer acknowledges that information provided by Arctic Wolf regarding future functionality should not be relied upon to make a purchase decision. Should Arctic Wolf offer additional optional functionality in the future that complement the Solutions, Customer may elect to subscribe to and obtain a license to the optional functionality for an additional fee.

1.4 Except as otherwise provided herein, Customer understands and agrees that the Authorized Partner may not modify this Agreement or make any commitments related to the delivery or performance of the Solutions on Arctic Wolf’s behalf.

1.5 Beta Solutions.

1.5.1 From time -to-time Arctic Wolf may invite Customer to try, at no charge, Arctic Wolf products, features, or functionality that are not generally available to Arctic Wolf’s customers (“Beta Solutions”). Customer may accept or decline any such trial in its sole discretion. Any Beta Solutions will be clearly designated as beta, pilot, limited release, developer preview, non -production or by a description of similar import.

1.5.2 Restrictions and Disclaimers. Beta Solutions are provided for evaluation purposes and not for production use, are not supported, may contain bugs or errors, and may be subject to additional terms. Beta Solutions are not considered Solutions hereunder and are provided solely and exclusively “AS IS” with no express or implied warranty of any kind. CUSTOMER ASSUMES AND UNCONDITIONALLY RELEASES ARCTIC WOLF FROM ALL RISKS ASSOCIATED WITH THE USE OF ANY BETA SOLUTIONS. Arctic Wolf may discontinue the Beta Solutions at any time in its sole discretion and Arctic Wolf will make reasonable efforts to provide Customer with advanced notice of any such discontinuance .

Arctic Wolf does not promise or represent that Beta Solutions will be made generally available.

1.5.3 NO DATA RETENTION. ANY DATA ENTERED INTO THE BETA SOLUTIONS MAY BE PERMANENTLY LOST UNLESS CUSTOMER:
(i) PURCHASES A SUBSCRIPTION TO THE COMMERCIALLY AVAILABLE VERSION OF THE BETA SOLUTIONS AS MAY BE MADE AVAILABLE BY ARCTIC WOLF ; OR (ii) TO THE EXTENT POSSIBLE, EXPORTS SUCH DATA PRIOR TO TERMINAT ION OF THE BETA SOLUTIONS.

1.5.4 LIMITED LIABILITY. ARCTIC WOLF’S ENTIRE LIABILITY IN CONNECTION WITH ANY USE OF THE BETA SOLUTIONS WHETHER

IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WILL NOT, AS TO ANY INDIVIDUAL CLAIM OR IN THE AGGREGATE, EXCEED $50. IF CUSTOMER DOES NOT AGREE TO THE ALLOCATION OF RISK IN THIS SECTION, ITS SOLE RECOURSE IS TO IMMEDIATELY DISCONTINUE THE USE OF THE BETA SOLUTIONS.

1.5.5. Despite anything to the contrary in this Agreement, Customer acknowledges that (a) Beta Solutions may not be supported and may be changed at any time, including in a manner that reduces functionality, ( b) Beta Solutions may not be available or reliable, and (c) Beta Solutions may not be subject to the same security or audits as the Solutions.

2. Equipment. If the Order Form specifies that Customer will receive Equipment, then Customer is responsible for installing the Equipment at the location(s) specified by Arctic Wolf and for the implementation of appropriate data protection practices related to the protection of any information included on such Equipment while the Equipment is located within Customer’s environment . The Equipment is a part of the Solutions and included with the subscription to the Solutions for use by Customer during the Subscription Term . If Customer attempts to install or use the Equipment at a location other than the location determined by Customer and communicated to Arctic Wolf during onboarding or at any time DocuSign Envelope ID: F8B8780A-0C2F-4F5B-86D1-C08F717A75CB Item 1H - Page 6

thereafter, the Solution s may fail to function or may function improperly. In the event Customer installs, uses, or relocates the Equipment, Customer will promptly notify Arctic Wolf so that Equipment deployment information can be updated within Customer’s account. Other than normal wear and tear, Customer is directly responsible fo r the replacement cost of the Equipment associated with any loss, repair, or replacement, including any other costs, damages, fees and charges to repair the Equipment. If applicable, Arctic Wolf will ship Equipment to Customer and will pay the freight costs associated with shipping the Equipment to Customer’s designated locations . Customer is responsible for all additional costs and expenses associated with shipping the Equipment to its designated locations and for the return of the Equipment to Arctic Wolf . S uch additional costs and expenses may be reflected on an Order Form , from time-to-time following shipment of the Equipment and will be invoiced by Arctic Wolf or the Authorized Partner. Customer understands and agrees if the Equipment is shipped outside of the United States or Canada (or such other locations identified by Arctic Wolf) , Customer is responsible for acting as the importer of record.

3. Professional Services. In the event Arctic Wolf and Customer agree on the delivery of Professional Services, any such P rofessional Services shall be specified on an Order Form and described in a statement of work which shall reference this Agreement .

4. Reservation of Rights and Ownership. Arctic Wolf own s or has the right to license the Solutions and any associated Documentation (“Arctic Wolf Technology ”). Customer acknowledges and agrees that: (a) the Arctic Wolf Technology is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws ; (b) Arctic Wolf retains all right, title and interest (including, without limitation, all patent, copyright, trade secret and other intellectual property rights) in and to the Arctic Wolf Technology, excluding any rights, title, and interest in any Third Party Products (as defined in Section 10.3 below) which shall be retained by its third party licensor(s) , any other deliverables, know-how, databases, developed programs, and registered or unregistered intangible property rights; (c) there are no implied licenses and any rights not expressly granted to Customer hereunder are reserved by Arctic Wolf; (d) the Solution, excluding Professional Services, is licensed on a subscription basis , not sold, and Customer acquires no ownership or other interest (other than the license rights expressly stated herein) in or to the Arctic Wolf Technology ; and (e) the Solution is offered as an on- line, hosted solution, and Customer has no right to obtain a copy of the Software .

5. Restrictions, Responsibilities, and Prohibited Use.

5.1 Restrictions. Customer agrees not to, directly or indirectly: (i) modify, translate, copy or create derivative works of the Arctic Wolf Technology; (ii) reverse engineer, decompile, disassemble, or otherwise seek to obtain the intellectual property contained within Solutions, except to the extent expressly permitted by applicable law (and then only upon advance notice to Arctic Wolf); (iii) interfere with or disrupt the integrity or performance of the Solutions or the data and information contained therein or block or disrupt any use or enjoyment of the Solutions by any third party; (iv) attempt to gain unauthorized access to the Arctic Wolf Technology or related systems or networks; (v) remove or obscure any proprietary or other notice contained in the Arctic Wolf Technology , including on any reports or data printed from the Arctic Wolf Technology ; (vi) unless Customer is an authorized MSP partner of Arctic Wolf , use the Solutions in connection with a service bureau, service provider or like activity whereby Customer operates or uses the Solutions for the benefit of a third party ; (vii) use the Solutions to monitor or scan any environments fo r which Customer has not received consent; or (viii) with respect to Customer’s subscription to the Managed Security Awareness Solution, include material or information that is obscene, defamatory, libelous, slanderous, that violates any person's right of publicity, privacy or personality, or otherwise result s in any tort, injury, damage or harm to any person . Customer agrees to abide by the terms of the Acceptable Use Polic y at https://arcticwolf.com/terms/acceptable -user-policy/, as may be updated from time-to-time in accordance with Section 13 below. If Arctic Wolf, in its reasonable discretion, determines that Customer’s use of or access to the Solutions imposes an actual or imminent threat to the security or stability of Arctic Wolf’s infrastructure or that Customer is abusing its use of the Solutions in contravention with the terms of this Agreement, Arctic Wolf may, in addition to any other right herein, temporarily suspend Customer’s access to the Solution s until such activity is rectified . If commercially practicable, Arctic Wolf shall provide Cust omer with notice prior to any such suspension and shall work with Customer in good faith to reinstate the Solutions promptly.

5.2 Arctic Wolf Responsibilities. Arctic Wolf shall provide the Solutions Customer subscribes to as set forth on an Order Form in accordance with the terms of this Agreement, as further d escribed in the Solutions Terms. The Solutions provided under this Agreement shall include any updates, upgrades, bug fixes, version upgrades or any similar changes that are made generally available to Arctic Wolf’s customers free of charge from time to time during the Subscription Term .

5.3. Customer Responsibilities. Customer must identify the administrative users for its account which may include Customer’s authorized (email authorization sufficient) third party service providers and agents (“Administrators”). Each Administrator will receive an administrator ID and password and will need to register with Arctic Wolf. Customer is responsible for notifying Arctic Wolf about changes to Administrators, including but not limited to termination, change of authority, a nd the addition of Administrators. Customer acknowledges and agrees that Administrators will be able to view all Solutions Data and other traffic and activities that occur on Customer’s network and that Customer is responsible for all activities that occur under Administrator accounts . Administrator IDs are granted to individual, named persons and cannot be shared or used by more than one Administrator but may be reassigned from time-to-time to new Administrators. Notwithstanding anything contrary herein, Customer understands and agrees that transmission of Solutions Data to Arctic Wolf may be impacted by in -country technical issues and requirements. Arctic Wolf will provide reasonable assistance to Customer in such instances but is not liable if t he Solutions Data cannot be transmitted outside of such country. Customer understands and agrees that it will need to implement security controls to protect the Equipment and the data included therein. Customer, depending on the scope of the deployment, may be required to implement software and services to enable features of the Solutions. Customer acknowledges that any changes Customer makes to its infrastructure or the configuration of the Solutions after initial deployment may cause the Solutions to c ease working or function improperly and that Arctic Wolf will have no responsibility for the impact of any such Customer changes. Customer understands that depending on the Solution deployed, a Solution may consume additional CPU and memory in Customer’s e nvironment while running in production.

5.4 Anti-corruption. In no event shall Arctic Wolf be obligated to take any action (including the shipping of any product or the provision of any service) or omit to take any action that Arctic Wolf believes in good faith would cause it to be in violation of any U.S. or foreign laws or regulations, including, without limitation, the U.S. Foreign Corrupt Practices Act (the “FCPA”). Neither party will (i) attempt to, directly or indirectly, improperly influence the sale or purchase of products by payments or other actions contrar y to law or regulation, or (ii) take any action or permit or authorize any action that would violate or cause a party to violate the FCPA, the UK Bribery Act, or other applicable anti -corruption laws or DocuSign Envelope ID: F8B8780A-0C2F-4F5B-86D1-C08F717A75CB Item 1H - Page 7

regulations. Neither party will, for the purpose of influencing any act or decision to obtain or retain business or direct business to any person, pay, offer or promise to pay, or authorize the payment of, directly or indirectly, any money or anything of value to or for the us e or benefit of any of the following: (a) any government official (including any person holding an executive, legislative, judicial or administrative office, whether elected or appointed, or any representative of any public international organization, or any person acting in any official capacity for or on behalf of any government, state-owned business or public organization); (b) any political party, official thereof, or candidate for political office; or (c) any other person if a party or any respective partner, officer, director, employee, agent, representative or shareholder of such party knows or has reason to suspect or know that any. part of such money or thing of value will be offered, given or promised, directly or indirectly, to any of the above- identified persons or organizations. Each party acknowledges and agrees that none of its officers, directors, employees, agents or representatives is a government official or employee or an official or employee of any department or instrumentality of any government, nor i s any of them an officer of a political party or candidate for political office, who will share directly or indirectly any part of the sums tha t may be paid pursuant to performance of this Agreement; and each party agrees to immediately notify the other party should the foregoing change during the term of this Agreement. Each party represents and warrants that neither this Agreement nor the performance of or exercise of rights under this Agreement is restricted by, in conflict with, requires registration or approval or tax withholding under, or will require any termination or expiration, compensation, or any compulsory licensing under, any applicable law or regulation of any country or other governmental entity, and each party will not make any claim to the contrary ( each par ty is relying on this representation and warranty, among other provisions of this Agreement, in entering this Agreement and would not enter this Agreement in its absence).

5.5 Trade Controls. Customer understands that the Solutions may be subject to the export control, economic sanctions, customs, import, export and anti -boycott laws, regulations, and orders promulgated or enforced by Canada, the United States, Customer’s country of residence, and any other country or gove rnmental body having jurisdiction over the parties to this Agreement (“Trade Controls”). Customer agrees not to export, re-export, provide, or transfer the Solutions outside of Customer’s country of residence. Within Customer’s country of residence, Customer shall ensure that the Solutions are not re -exported, provided or transferred to any person or entity listed on any restricted persons list issued by Canada or identified on the Bureau of Industry and Security’s Denied Persons, Entity, or Unverified List or the Office of Foreign Assets Control’s Specially Designated Nationals List or List of Consolidated Sanctions (collectively, the “Restricted Persons Lists”). Customer represents and warrants that it and its shareholders, members, partners, or other owne rs are not listed on, or owned 50% or more, collectively or individually, by anyone on a Restricted Persons List. Customer shall not use the Solutions (a) for a military application, wherever located; or (b) with knowledge or reason to know that the Soluti ons will be used for nuclear, chemical, or biological weapons proliferation or (c) for any other end use or by any end user otherwise prohibited by applicable Trade Controls. Upon request by Arctic Wolf, Customer will complete and provide an end use certificate in the form requested by Arctic Wolf. Arctic Wolf may suspend and/or cancel the export, delivery, and or servicing of t he Solutions, if:
(i) Arctic Wolf has not received requested end -user certifications; (ii) Arctic Wolf has not received any governm ent approvals required to comply with Trade Controls, or (iii) Arctic Wolf believes that such activity may violate any Trade Controls. If the Solutions are resold or transferred in violation of any Trade Controls or the provision of this Agreement, Arctic Wolf shall not be obligated to provide any warranty service or technical support for such Items.

6. Fees, Payment, Taxes, and Audit.

6.1 Fees, Payment, & Taxes. Customer will purchase the Solutions through the Authorized Partner. The Order Form containing terms related to fees, payment, taxes, audit, and any other related terms shall be between Customer and the Authorized Partner. Customer will pay any owed amounts to the Authorized Partner , as agreed between Customer and Authorized Partner . Customer agrees that Arctic Wolf may suspend or terminate Customer’s use of the Solutions upon thirty (30) days’ written notice to Customer if Arctic Wolf does not receive payment of Fees from the Authorized Partner. The amounts paid by Authorized Partner to Arctic Wolf for Customer’s use of the Solutions under this Agreement will be deemed the amount actually paid or payable under this Agreement for purposes of calculating Arctic Wolf’s liability under Section 11. Customer’s renewal pricing will be communicated to Customer by the Authorized Partner in accordance with the terms Customer has with the Authorized Partner or by Arctic Wolf prior to the renewal Subscription Term.

6.2 Audit. During the term of this Ag reement and for one year thereafter, Customer shall provide Arctic Wolf, or its designated representative, promptly upon request with appropriate records requested by Arctic Wolf to verify Customer’s compliance with the Agreement , including specifically its license counts as set forth on an Order Form . Arctic Wolf, at its option, may require that an executive officer of Customer certify in writing to Customer’s compliance with thi s Agreement and disclose the scope of use of the Solutions by Customer. If, because of such audit, Arctic Wolf determines that Customer has exceeded the number of licenses subscribed to by Customer on an Order Form, A rctic Wolf will notify Customer of the number of additional licenses, along with the associated Subscription Fees prorated through the end of the then -current Subscription Term, and Customer will remit payment for such Subscription Fees in accordance with this Section 6.

7. Confidentiality. Either party (as a “Discloser”) may disclose confidential and proprietary information, orally or in writing (“Confidential Information”) to the other party (as a “Recipient”). Confidential Information (a) shall be marked with a restrictive legend of the Di scloser or, (b) if orally or visually disclosed to Recipient by Discloser, or disclosed in writing without an appropriate letter, proprietary st amp or legend, shall be confidential if it would be apparent to a reasonable person that such information is confidential or propri etary. Confidential Information of Arctic Wolf includes the following: any pricing, trade secrets, know-how, inventions (whether or not patentable), techniques, ideas, or processes related to the Arctic Wolf Technology; the design and architecture of the Arctic Wolf Technology; the computer code, internal documentation, and design and functional specifications of the Arctic Wolf Technology ; Arctic Wolf’s security and privacy due diligence material such as SOC2 reports, security and privacy questionnaire responses & memos; and any intellectual property and know -how included in the problem reports, analysis, and performance information related to the Arctic Wolf Technology. Confidential Information of Customer may include the following:
(i) If the MA or MA+ Solution is deployed: First name, last name, corporate email address, phone number, job title, address, and organization hierarchy (collectively, “Point of Contact information”); Customer’s tracking metrics as described in the Solutions Terms; Customer created content; and any test response data; and
(ii) If MDR and/or MR Solutions are deployed: Point of Contact Information and Solutions Data (as defined in Section 8.1 below).

Each party agrees to hold the o ther party’s Confidential Information in strict confidence, not to disclose such Confidential Information to third parties not authorized by the Discloser to receive such Confidential Information, and not to use such Confidential Informatio n for any purpos e DocuSign Envelope ID: F8B8780A-0C2F-4F5B-86D1-C08F717A75CB Item 1H - Page 8

except as expressly permitted hereunder and as described in the Privacy Notice. Each party agrees to take commercially reasonable steps to protect the other party’s Confidential Information and to ensure that such Confidential Information is not disclosed, distrib uted or used in violation of the provisions of this Agreement. The Recipient may disclose Confidential Information only : (a) with the Discloser’s prior written consent; or (b) to those employees, officers, directors, agents, consultants, third party service providers, and advisors with a clear and well -defined “need to know” purpose who are informed of and bound by confidentiality obligations no less restrictive than those set forth in this Section 7 .

Notwithstanding the foregoing, the Recipient may disclose Confidential Information to the extent required by law; however, the Recipient will give, to the extent legally permissible and reasonably practical, the Discloser prompt notice to allow the Discloser a reasonable opportunity to obtain a protective order and such Confidential Information disclosed to the extent required by law shall otherwise remain confidential and subject to the protections and obligations of this Agreement . For the avoidance of doubt, Arctic Wolf may share Customer’s name with Customer’s services providers to assist Customer in the resolution of technical issues pertaining to the Solutions. To the extent legally required, Arctic Wolf may report any violations of law pertaining to Customer’s use of the Solutions. The Discloser agrees that the foregoing confidentiality obligations shall not apply with respect to any information that the Recipient can document is: (i) rightfully in its possession or known to it prior to receipt from the Discloser without an obligation of confidentiality ; (ii) or has become public knowledge through no fault of the Recipient; (iii) rightfully obtained by the Recipient from a third party without breach of any confidentiality obligation ; or (iv) independently developed by employees of the Recipient who had no access to Discloser’s Confidential Information . Upon exp iration or termination of this Agreement for any reason, and except as otherwise provided in Section 14 below, each party shall promptly destroy all copies of the other party's Confidential Information and copies, notes or other derivative material relating to the Confidential Information. Notwithstanding the foregoing, and subject to the Privacy Notice, Arctic Wolf may retain Customer’s name, contact names, email address, and such other necessary contact information following termina tion of this Agreement for its internal business purposes.

8. Solutions Data.

8.1 Solutions Data. “Solutions Data” means, depending on the Solution deployed, the operational system log data and any other information provided by Customer in furtherance of its use of the Solutions and which Customer may elect to submit to Arctic Wolf through the Solutions, including, but not limited to operational values, event logs, and network data such as flow, HTTPS, TLS, DNS metadata, cursory inventory data, operating systems and versions, users and groups from Active Directory, system level inventory, event data, and network vulnerability data. As between the parties, Customer shall retain all right, title and interest (including any and all intellectual property righ ts) in and to the Solutions Data (excluding any Arctic Wolf Technology used with the Solutions Data). Customer hereby grants Arctic Wolf, during the term of the Agreement , a non-exclusive, worldwide, royalty -free right to collect, use, copy, store, transmit, modify and create derivative works of the Solutions Data solely to the extent necessary to provide the Solutions to Customer. The location of the storage of raw Solutions Data within Arctic Wolf’s third party service providers’ data centers will be as set forth in the Solutions Terms . Customer understands Arctic Wolf will aggregate Solutions Data with Arctic Wolf’s other data so that results are non -personally identifiable (individual identities have been removed and are not linked or reasonably linked to any individual, including via a device, or could be reasonably linked, directly or indirectly, with a particular consumer or household) and collect anonymous technical logs and data regarding Customer’s use of the Solutions (“Aggregate/Anonymous Data”). Such Aggregate/Anonymous Data is Arctic Wolf Technology, which Arctic Wolf may use for its business purposes during or after the term of this Agreement.

8.2 Personal Information. Confidential Information may include information that identifies, relates to, describes, is reasonably capable of being associated with or linked to a particular individual, whether directly or indirectly (“ Personal Information”). Customer is responsible for the lawfulness of any such Personal Information and the receipt, use, and processing of it under the Agreement. Customer represe nts and warrants that, where it provides Personal Information to Arctic Wolf or requests Arctic Wolf collect or process such information, it (1) has complied with any applicable laws relating to the collection or provision of such information, (2) possesses any consents, authorizations, righ ts and authority , and has given all required notices to individual data subjects as are required to transfer or permit Arctic Wolf to collect, receive, or access any Personal Information for the Solutions, and (3) to the extent required by applicable law, informed the individuals of the possibility of Arctic Wolf processing their Personal Information on Customer’s behalf and in accordance with its instructions.

8.3 European Union and United Kingdom General Data Protection Regulation. If and to the extent Customer submits to Arctic Wolf personal data (as that term is defined under the General Data Protection Regulation (“GDPR”)) of individuals located in the European Economic Area or United Kingdom, the Arctic Wolf Data Processing Agree ment available at https://arcticwolf.com/terms/dpa/ , as may be updated by Arctic Wolf from time-to-time in accordance with its terms (the “DPA”), may be executed by Customer and upon execution and return to Arctic Wolf in accordance with its terms will be incorporated into this Agreement. It is Customer’s sole responsibility to notify Arctic Wolf of requests from data subjects related to the modification, deletion, restriction and/or objection of personal data. Customer represents and warrants that any processing of personal data in accordance with its instructions is lawful.

8.4 California Consumer Privacy Act. The parties acknowledge and agree that Arctic Wolf is a service provider for the purpo ses of the California Consumer Privacy Act , as amended by the California Privacy Rights Act (“CCPA”) and may receive personal information (as defined by the CCPA) from Customer pursuant to this Agreement for a business purpose. The parties agree to comply at all times with the applicable provisions of the CCPA in respect to the collection, transmission, and processing of all personal information (as defined by the CCPA) exchanged or shared pursuant to the Agreement. Arctic Wolf shall not sell any such personal information. Arctic Wolf shall not retain, use or disclose any personal information provided by Customer pursuant to this Agreement except as necessary for t he specific purpose of performing the Solutions for Customer pursuant to this Agreement or as permitted by the CCPA. The terms “personal information,” “service provider,” “ sale,” and “sell” are as defined in Section 1798.140 of the CCPA. Arctic Wolf certi fies that it understands the restrictions of this Section 8.4. It is Customer’s sole responsibility to notify Arctic Wolf of any requests from consumers (as defined in the CCPA) seeking to exercise rights affor ded in the CCPA with regard to personal infor mation received or processed in connection with the Solutions. Ar ctic Wolf agrees to provide reasonable cooperation to Customer in connection with such requests.

8.5 Canadian Privacy Laws. If and to the extent Customer submits to Arctic Wolf personal in formation (as that term is defined under applicable Canadian privacy laws, being all applicable federal, and provincial laws and regulations relating to the processing, protection or privacy of personal information (“Privacy Laws”), of individuals located in Canada, Customer agrees that it is solely responsible for and shall obtain from all such individuals, all required consents and/or provide all required notifications, regarding the collection, use, disclos ure, and processing of DocuSign Envelope ID: F8B8780A-0C2F-4F5B-86D1-C08F717A75CB Item 1H - Page 9

their personal information by Arctic Wolf/Arctic Wolf’s subcontractors/third party service providers (which may be located outside of Canada), and/or the transfer by Customer of such individual’s personal information to Arctic Wolf/Arctic Wolf’s subcontractors/ third party service providers (which may be located outside of Canada). Upon request of Customer, Arctic Wolf will inform Customers of the locations to which the personal information is transferred and processed by Arctic Wolf and/or it s subcontractors/third party service providers.

Customer retains control of the personal information and remains solely responsible for its compliance with Privacy Laws and for the processing instructions it gives to Arctic Wolf. The parties agree that this Agreement, toget her with Customer’s use of the Solution in accordance with this Agreement, constitutes Customer’s instructions to Arctic Wolf in relation to the processing of such personal information. Sub ject to Section 8.1 of this Agreement, Arctic Wolf will only proces s the personal information to the extent, and in such a manner, as is necessary for the performance of the Solutions. Arctic Wolf will reasonably assist Customer with meeting the Customer’s compliance obligations under applicable Privacy Laws, considering the nature of Arctic Wolf’s processing and the information available to Arctic Wolf.

Arctic Wolf shall:
• Comply with its obligations as a third party service provider/mandatory under applicable Privacy Laws, including by implement ing appropriate technical, physical and organizational measures to safeguard the personal information; • Periodically conduct audits of its information security controls for facilities and systems used to deliver the Solutions and make relevant audit reports available to Customer for review. The Customer will treat such audit reports as Arctic Wolf’s Confidential Information; • Within seventy -two (72) hours of discovery notify Customer of any unauthorized or unlawful access to or processing of the personal information;
• Limit access to those employees who require the personal information access to meet Arctic Wolf’s obligations under this Agreement and ensure that all employees are informed of the personal information’s confidential nature; • Notify Customer if it receives any complaint, notice, or communication that directly or indirectly relates to the personal information processing or to either party’s compliance with Privacy Laws, and provide its full co -operation and assistance in responding to such complaint, notice or communication ; and
• Upon Customer’s request, provide the Customer a copy of or access to all or part of the Customer’s personal information in it s possession or control in the format reasonably agreed to by the parties.

9. Indemnity.

9.1 Arctic Wolf’s Indemnity. Subject to Section 9.3, Arctic Wolf will defend and indemnify Customer from any unaffiliated third party claim or action to the extent based on the allegation that the Solutions infringe any intellectual property right (patents, utility models, design rights, copyrights and trademarks or any other intellectual property right) having effect in the United States, Canada, United Kingdom, and the European Union. Arctic Wolf will pay any settlements that Arctic Wolf agrees to in a writing signed by an authorized officer of Arctic Wolf or final judgments awarded to the third party claimant by a court of competent jurisdiction. The foregoing obligations do not apply with respect to the Solutions, or portions or components thereof, that are: (a) not provided by Arctic Wolf ; (b) combined with other products, processes or materials that are not reasonably contemplated by the Documentation where the alleged infringement relates to such combination; (c) modified other than with Arctic Wolf’s expr ess consent; (d) used after Arctic Wolf’s notice to Customer of such activity’s alleged or actual infringement; or (e) not used by Customer in strict accordance with this Agreement or the published Documentation. The indemnification obligations set forth in this Section 9.1 are Arctic Wolf’s sole and exclusive obligations, and Customer’s sole and exclusive remedies, with respect to infringement or misappropriation of third-party intellectual property rights of any kind.

9.2 Customer Indemnity. Subject to Section 9.3, Customer agrees to defend and indemnify Arctic Wolf from any third-party claim or action brought against Arctic Wolf to the extent based on Customer’s alleged breach of Sections 5 or 8. Customer agrees to pay any settlements that Customer agrees to in a writing signed by an authorized officer of Customer or final judgments awarded to the third party claimant by a court of competent jurisdiction.

9.3 Procedures. Each party’s indemnification obligations are conditioned on the indemnified party : (a) providing the indemnifying party with prompt written notice of any claim, provided that the failure to provide such notice shall only limit the indemnifying p arty’s obligation to indemnify to the extent that the failure prejudices the indemnifying par ty in its defense of the claim ; (b) granting the indemnifying party the sole control of the defense or settlement of the claim; and (c) providing reasonable information and assistance to the indemnifying party in the defense or settlement of the claim at t he indemnifying party’s expense. Notwithstanding the foregoing, the indemnifying party (i) may not make an admission of fault on behalf of the other party without written consent, (ii) any settlement requiring the party seeking inde mnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed, and (iii) the other party may join in the defense with its own counsel at its own expense .

9.4 Options. If Customer’s use of the Solutions has become, or in Arctic Wolf’s opinion is likely to become, the subject of any claim of infringement, Arctic Wolf may at its option and expense : (a) procure for Customer the right to continue using and receiving the Solutions as set forth hereunder; (b) replace or modify the Solutions to make them non-infringing; (c) substitute an equivalent for the Solutions; or (d) if Arctic Wolf, in its sole discretion, determines that options (a) -(c) are not reasonably practicable, terminate this Agreement and refund any pre -paid unused Fees as of the effective date of termination .

10. Warranty and Warranty Disclaimer .

10.1 Solutions Warranty. ARCTIC WOLF WARRANTS THAT DURING THE SUBSCRIPTION TERM AND PROVIDED THAT CUSTOMER IS NOT IN BREACH OF THIS AGRE EMENT THAT : (I) THE SOLUTIONS PROVIDED UNDER THIS AGREEMENT DO NOT INFRINGE OR MISAPPROPRIATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY ; (II) THE SOLUTIONS SHALL SUBSTANTIALLY PERFORM AS DESCRIBED IN THE DOCUMENTATION; AND (III) IT WILL COMPLY WITH ALL FOREIGN, PROVINCIAL, FEDERAL, STATE

AND LOCAL STATUTES, LAWS, ORDERS, RULES, REGULATIONS AND REQUIREMENTS, INCLUDING THOSE OF ANY GOVERNMENTAL (INCLUDING ANY REGULATORY OR QUASI -REGULATORY) AGENCY APPLICABLE TO ARCTIC WOLF AS IT PERTAINS TO ITS OBLIGATIONS AND THE DATA REQUIRED FOR THE PERFORMANCE OF THE SOLUTIONS DESCRIBED HEREIN. IN THE E VENT OF ANY BREACH OF THIS SECTION 10.1, ARCTIC WOLF SHALL, AS ITS SOLE LIABILITY AND CUSTOMER’S SOLE REMEDY (OTHER THAN DocuSign Envelope ID: F8B8780A-0C2F-4F5B-86D1-C08F717A75CB Item 1H - Page 10

ARCTIC WOLF’S INDEMNIFICATION OBLIGATIONS IN SECTION 9.1 ABOVE) , REPAIR OR REPLACE THE SOLUTIONS THAT ARE

SUBJECT TO THE WARRANTY CLAIM AT NO COST TO CUSTOMER OR IF ARCTIC WOLF IS UNABLE TO REPAIR OR REPLACE, THEN ARCTIC WOLF WILL REFUND ANY PRE-PAID FEES FOR THE SOLUTIONS, OR PARTS THEREOF, SUBJECT TO THE WARRANTY CLAIM.

EXCEPT FOR THE WARRANTIES DESCRIBED IN THIS SECTION, THE SOLUTIONS ARE PROVIDED WITHOUT WARRANTY OF ANY

KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF TITLE. CUSTOMER ACKNOWLEDGES THAT THE SOLUTIONS ARE PROVIDED “AS IS” AND FURTHER ACKNOWLEDGE S THAT ARCTIC WOLF DOES NOT WARRANT : (A) THE OPERATION OF THE SOLUTIONS WILL BE UNINTERRUPTED , OR ERROR FREE ; (B) THE SOLUTIONS ARE NOT VULNERABLE TO FRAUD OR UNAUTHORIZED USE; AND (C) THE SOLUTIONS WILL IDENTIFY OR DETECT EVERY VULNERABILITY OR SECURITY ISSUE.

CUSTOMER IS RESPONSIBLE AND ARCTIC WOLF SHALL HAVE NO RESPONSIBILITY FOR DETERMINING THAT THE USE OF THE

SOLUTIONS COMPLIES WITH APPLICABLE LAWS IN THE JURISDICTION(S) IN WHICH CUSTOMER MAY DEPLOY AND USE THE SOLUTIONS.

10.2 Open Source Warranty. The Software may include Open Source Software. To the extent included in the Software, Open Source Software is governed solely by the applicable open source licensing terms, if any, and is provided “AS IS ”, and Arctic Wolf hereby disclaims all copyright interest in such Open Source Software . Arctic Wolf provides no warranty specifically related to any Open Source Software or any applicable Open Source Software licensing terms. Any fees paid by Customer to Arctic Wolf are for Arctic Wolf’s proprietary Software only, and not for any Open Source Software components of the Software. Any license associated with an Open Source Software component ap plies only to that component and not to Arctic Wolf’s proprietary Software or any other third-party licensed software. The foregoing language is not intended to limit Arctic Wolf’s warranty obligation for the Solutions set forth in Section 10.1. “Open Source Software” means software with its source code made available pursuant to a license by which, at a minimum, the copyright holder provides anyone the rights to study, change , and/or distribute the software to anyone and for any purpose.

10.3 Third Party Pr oduct. Third Party Product (as defined in this Section 10.3) may carry a limited warranty from the third -party publisher, provider, or original manufacturer of such Third Party Products. To the extent required or allowed, Arctic Wolf will pass thr ough to Customer or directly manage for the benefit of Customer’s use of the Thi rd Party Products as part of the Solutions (such decision to be made in Arctic Wolf’s discretion), the manufacturer warranties related to such Third Party Products. “Third Party Product” means any non-Arctic Wolf branded products and services (including E quipment, and any operating system software included therewith) and non- Arctic Wolf -licensed software products, including Open Source Software.

10.4 Customer Warranties. Customer represents and warrants that it shall: (i) be responsible for ensuring the security and confidentiality of all Administrator IDs and passwords; (ii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Solutions; (iii) notify Arctic Wolf promptly upon discovery of any unauthorized use of the Solutions or any breach, or attempted breach, of security of the Solutions; (iv) not violate any foreign, provincial, federal, state and local statutes, laws, orders, rules, regulations and requirements applicable to Customer’s performance of its obligations herein , including those of any governmental (including any regulatory or quasi -regulatory) agency , Trade Control laws, and regulations and the U.S. Foreign Corrupt Practices Act (the “FCPA”); (v) not use the Solutions and transfer any Solutions Data to Arctic Wolf for any fraudulent purposes; and (vi) implement safeguards within Customer’s environment to protect the Solutions, including specifically, the Equipment, from the introduction, whet her intentional or unintentional, of : (1) any virus or other code, program, or sub -program that damages or interferes with the operation of the Equipment or halts, disables, or interferes with the operation of the So lutions; or (2) any device, method, or token whose knowing or intended purpose is to permit any person to circumvent the normal security of the Solutions.

11. Limitation of Liability. FOR ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION BASED

ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING, ARCTIC WOLF WILL IN NO EVENT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR: (A) DAMAGES BASED ON USE OR ACCESS,

INTERRUPTION, DELAY OR INABILITY TO USE THE SOLUTIONS, LOST REVENUES OR PROFITS, LOSS OF SOLUTIONS, BUSINESS OR

GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE

TO AC CURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION,

SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION , BREACHES BY AN AUTHORIZED PARTNER, OR BREACHES IN CUSTOMER’S SYSTEM SECURITY; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR (C) ANY AMOUNTS THAT EXCEED TWO TIMES (2X) THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER FOR THE SOLUTIONS THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT WHICH GIVES RISE TO SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT ARCTIC WOLF HAS BEEN ADVISED

OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING A NY FAILURE OF ESSENTIA L PURPOSE OF ANY LIMITED REMEDY. BOTH PARTIES UNDERSTAND AND AGREE THAT THE LIMITATIONS OF LIABILITIES FOR EACH PARTY SET FORTH IN THIS AGREEMENT ARE REASONABLE AND THEY WOULD NOT HAVE ENTERED INTO THE AGREEMENT WITHOUT SUCH LIMITATI ONS.

12. Term and Renewal. This Agreement shall be in effect for the Subscription Term specified in the Order Form. The Order Form or other equivalent transaction document containing the terms related to the length of the Subscription Term and any renewal thereof , and any other related terms, as may be applicable, shall be between Customer and the Authorized Partner. The Subscription Term will automatically terminate at the end of the Subscription Term unless the parties agree to renew on or before the last day of the Subscription Term.

13. Updates. Arctic Wolf reserves the right to modify this Agreement, the Terms, and the Documentation in Arctic Wolf’s sole discretion provided that changes to the Solutions Terms shall not materially decrease the Solutions features and functionalities that Customer has subscribed to during the then -current Subscription Term. Should Arctic Wolf make any modifications to the Agreement, the Terms, or Documentation, Arctic Wolf will post the amended terms on the applicable URL links and will update the “Last Updated Date ” within such documents and notify Customer via the Customer Portal, Customer newsletter, https://arcticwolf.com/terms/ website, or such other written communication method implemented by Arctic Wolf from time -to-time. Customer may notify Arctic Wolf within 30 days after the effective date of the change of its rejection of such change . If Customer notifies Arctic Wolf of its rejection during such thirty (30) day period , then Customer will remain governed by the terms in effect i mmediately prior to the change until the end of Customer’s then-current Subscription Term. However, any subsequent renewal of the Subscription Term will be renewed under the then-current terms, unless otherwise agreed in writing by the parties.

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14. Termination. Either party may terminate this Agreement for cause if the other party commits a material breach of this Agreement, provided that such terminating party has given the other party ten (10) days advance notice to try and remediate the breach , and City may terminate this Agreement for convenience by providing Article Wolf with thirty (30) days advance notice . Except as otherwise required by law, upon termination, Customer agrees to cease all use of the Arctic Wolf Technology, installed or otherwise, and permanently erase or destroy all copies of any Arctic Wolf Technology, including all Content and virtual Equipment , that are in its possession or under its control and promptly remove and return all physical Equipment to Arctic Wolf . Except as otherwise required by law, Arctic Wolf will remove, delete, or otherwise destroy all copies of Confidential Information in its possession upon the earlier of (i) the return of the Equipment, if applicable, to Arctic Wolf, or (ii) one hundred-twenty (120) days following termination. Notwithstanding anything contrary in this Agreement, should Customer fail to return any Equipment within ninety (90) days following discontinuation of use of the Equipment or termination or expirati on of this Agreement , Customer will be liable for the replacement cost of the Equipment, which shall be due and owing upon receipt of the invoice from Arctic Wolf or the Authorized Partner, and Customer shall be liable for any breach of the Confidential Information and Arctic Wolf Technology contained within the unreturned Equipment.

Sections 6 through 13, 14, and 15 will survive the non-renewal or termination of thi s Agreement.

15. Miscellaneous.

15.1 Except as otherwise provided herein, all notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) on the next business day after the date sent, if sent for overnight delivery by a generally recognized international courier (e.g., FedEx, UPS, DHL, etc.) (receipt requested); or (c) on the date sent by e- mail (with confirmation of transmission) if sent during normal business hours of th e recipient, and on the next business day if sent after normal business hours of the recipient. Such communications must be sent to the respective parties at the addresses set forth on the signature page hereof (or at such other address for a party as shall be specified in a notice given in accordance with this Section 15). For contractual purposes, Customer (1) consents to receive communications in an electronic form via the email address it provides herein or via the Customer Portal; and (2) agrees that all agreements, notices, disclosures, and other communication s that Arctic Wolf provides electronically satisfies any legal requirement that those communications would satisfy if they were on paper. This Section does not affect Customer's non-waivable rights.

15.2 Notwithstanding any other terms to the contrary contained herein, Customer grants Arctic Wolf the right to use Customer’s name or logo in customer lists, marketing materials, and verbal discussions with prospective customers to communicate that Customer uses t he Solutions. If Arctic Wolf intends to disclose information about Customer’s purchase(s) (such as dollar amount of sale or project objectives) in conjunction with the use of Customer’s name or logo, Arctic Wolf will obtain Customer’s prior written or email approval.

15.3 The parties to this Agreeme nt are independent contractors. Neither party has the authority to bind the other party without the express written authorization of the other party. Nothing herein may be construed to create an employer -employee, franchisor -franchisee, agency, partnership, or joint venture relationship between the parties. Arctic Wolf shall be primarily liable for the obligations of its Affiliates and any subcontractors used in the delivery of the Solutions.

15.4 This Agreement shall inure to the benefit of and be binding upon the respective permitted successors and assigns of the parties. Customer shall not be entitled to assign, subcontract, delegate or otherwise transfer any of its rights and/or duties arising out of this Agreement and/or parts thereof to third parties, voluntarily or involuntarily, including by change of control, operation of law or any other manner, without Arctic Wolf’s express prior written consent. Any purported assignment, subcontract, delegation or other transfer in violation of the forego ing shall be null and void. No such assignment, subcontract, delegation or other transfer shall relieve the assigning party of any of its obligations hereunder.

15.5 The rights and obligations of the parties under this Agreement shall not be governed by the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended. This Agreement shall be governed by the laws of the State of California without regard to the conflicts of law provisions the reof. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.

15.6 Each party acknowledges and agrees that any dispute or claim that may arise out of or relate to this Agreement is likely to involve complicated and difficult issues and, therefore, each such party irrevocably and unconditionally waives any right it may have to a tri al by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated hereby . Further, each party agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of o r related to this Agreement must be filed within one year after such claim or cause of action arose.

15.7 No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privi lege. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.

15.8 If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisi ons of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in p art or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purpose of such void or unenforceable provision. Arctic Wolf does not accept, expressly or impliedly, and rejects and deems deleted any additional or different terms or conditions that Customer presents, including , but not limited to, any terms or conditions contained Customer’s purchase order, or other such document, or established by trade usage or prior course of dealing.

15.9 This Agreement (including the exhibits hereto , if any, and any BAA (as defined in Sec tion 15.10 below)) constitutes the parties’ entire agreement by and between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous agreement or understanding by and among the parties with respect to such subject matter . Except as otherwise provided herein, this Agreement may be amended, modified or supplemented only by an agreement in writing signed by each party.

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15.10 In the event that Arctic Wolf receives personal healthcare information in the delivery of the Solutions, the parties agree to comply with the Business Associate Addendum (“BAA”) located at https://arcticwolf.com/terms/bu siness-associate-addendum/ or such other equivalent agreement/addendum as required under applicable health information/privacy laws. In the event the parties have entered into a BAA or equivalent agreement in relation to protected health information, the parties intend for both this Agreement and BAA or equivalent agreement to be binding upon them and the BAA or equivalent agreement is incorporated into this Agreement by reference .

15.11 The parties have participated mutually in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted mutually by the parties and no presumption or bur den of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement .

15.12 The parties have agreed that this Agreement as well as any notice, document or instrument relating to it be drawn up in English only; les parties aux présentes ont convenu que la présente convention ainsi que tous autres avis, actes ou documents s’y rattachant so ient rédigés en anglais seulement.

15.13 Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. T his Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

[signature page to follow]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the Effective Date.

Arctic Wolf Networks, Inc.: Customer:

Signed:

Name: Andrew Hill

Name: ____________________________________________

Title: Chief Legal Officer & General Counsel

Title: _____________________________________________

Date: ____________________________

Date: ___________________________________
Notice Address:

PO Box 46390
Eden Prairie, MN 55344
Attn: General Counsel
[email protected]
Notice Address:

City of Palm Springs
3200 E Tahquitz Canyon Way,
Palm Springs, CA 92262

DocuSign Envelope ID: F8B8780A-0C2F-4F5B-86D1-C08F717A75CB 9/21/2022
Item 1H - Page 14
ra::z: b~ilL
~
~

ATTACHMENT B

Item 1H - Page 4

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

Page 1 of 2 ends

(Revised 09 13 18)

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)

Who Must File?

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

Why Must I File?

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

Note: A material financial relationship is a relationship between someone who is an owner/investor in the applic ant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:

(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor’s interest in the applicant entity, in relation to the application’s outcome.

When Must I File?

You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.

Item 1H - Page 15

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

Page 2 of 2 ends

(Revised 09 13 18)

What Must I Disclose?

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

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

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

PENALTIES

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

Item 1H - Page 16

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

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)

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

 Other ____________________________________

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

 Other ____________________________________

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

 Other ____________________________________

Savant Solutions, Inc.
1030 G St., Sacramento, CA 95814
California
Caleb Kwong
Item 1H - Page 17
...,,
...,, ...,, ...,, ...,,

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13 18)

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

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

Signature of Disclosing Party, Printed Name, Title

Date

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

Item 1H - Page 18

CITY COUNCIL STAFF REPORT
10/27/2022
SUBJECT:

APPROVE AN AGREEMENT WITH R.E. CHAFFEE CONSTRUCTION, INC. (A9243)

FOR SEWAGE PUMP SYSTEM
RECOMMENDATION:

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

2. Attachments
Item 1I

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 27, 2022 CONSENT CALENDAR

SUBJECT: APPROVE AN AGREEMENT WITH R.E. CHAFFEE CONSTRUCTION, INC. (A9243) FOR SEWAGE PUMP SYSTEM

FROM: Teresa Gallavan, Interim City Manager

BY: Department of Maintenance and Facilities

SUMMARY:

This action will approve an agreement with R.E. Chaffee Construction, Inc., in an amount not to exceed $103,438.51 for a new basement sewage pump system at the Palm Springs Police Department.

RECOMMENDATION:

1. Approve Contract Services Agreement A9243 ( Attachment A) with R.E. Chaffee Construction, Inc., in an amount not to exceed $103,438.51 to provide a new basement sewage pump system at the Palm Springs Police Department.

2. Authorize the Interim City Manager or d esignee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B ) submitted on September 13, 2022, R.E. Chaffee Construction, Inc., is registered in the state of California. The owner is Ronald E. Chaffee Jr. with 100% beneficial interest in entity.

STAFF ANALYSIS:

An Invitation for Bids (IFB 23- 04) was initiated by the City’s Procurement & Contracting Department on August 22, 2022, based on Maintenance & Facilities specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. One bid was received by the September 13, 2022, deadline as follows:

Vendor Bid
R.E Chaffee Construction Inc. $103,438.51
Item 1I - Page 1
City Council Staff Report
October 27, 2022 -- Page 2
Award of Sewage Pump System Contract

Since only one bid was received, the pricing was analyzed by the Acting Deputy Director for Maintenance and Facilities and compared to prices paid in the past for like work and was found to be fair and reasonable for the City. The Facilities Maintenance division has used R.E. Chafee in the past and has been satisfied with the services rendered.

Staff recommends approval of a Contract Services Agreement A9243 with R.E Chaffee Construction Inc. in the amount not to exceed $103,438.51.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 3A, Comm unity Infrastructure – Improve City Facilities.

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2022-23 in the Department of Maintenance and Facilities Account 5106560-50105.

REVIEWED BY:

Acting Deputy Department
Director:

Daniel Martinez
Procurement Manager: Kim Baker
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Agreement No. A9243
B. Public Integrity Disclosure

Item 1I - Page 2

ATTACHMENT A

Item 1I - Page 3

Revised 2.9.22 Page 1 of 30

CONTRACT SERVICES AGREEMENT A9243

BASEMENT SEWAGE PUMP SYSTEM

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on November 1, 2022 , by and between the City of Palm Springs, a California charter city and municipal c orporation (“City”), and R.E CHAFFEE CONSTRUCTION INC. , a California corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. Contractor has submitted to City a bid to provid e the basement sewage pu mp system at the City of Palm Springs Police Department, 200 S. Civic Drive, Palm Spring, CA 92262, (“Project”) to City under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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

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

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Revised 2.9.22 Page 2 of 30

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

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services ren dered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $103,438.51.

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

3.3 Changes. In the eve nt any cha nge or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

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

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

4. PERFORMANCE SCHEDULE

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

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Revised 2.9.22 Page 3 of 30

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

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

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect commencing on the issuance of a Notice to Proceed and continuing until work is completed in accordance with the scope.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. W here termination is d ue to the fault of Contractor and consti tutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City . Upon receipt of the notice of terminati on, Contractor shall immediately cease all Services except such as m ay be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for ter mination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective acti on.

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

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all Item 1I - Page 6

Revised 2.9.22 Page 4 of 30

decisions in its behalf with respect to the specified Services: Ronald E. Chaffee Jr. (name), President (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting suffi cient time to personally supervise the Services under this Agreement . The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

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

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

5.4 Independent Contractor. Neither City n or any of its e mployees shall have any control over the manner, mode , or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and s hall not be an empl oyee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, an d workers’ comp ensation insurance. Contractor shall not have any authority to bind City in any manner.

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

Item 1I - Page 7

Revised 2.9.22 Page 5 of 30

Name: Title:

Ronald E. Chaffee Jr. President

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevaili ng wage rates a nd the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemn ify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon t he Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 17 77.5), certified p ayroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

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

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

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to o r d eath of per sons (Contractor’s employees included) , for damage to property, including property owned by City, for any violation of any federal, state, or Item 1I - Page 8

Revised 2.9.22 Page 6 of 30

local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or will ful misconduct committed by Contractor, its officers, employees , representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties . Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

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

8. RECORDS AND REPORTS

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

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, c osts, expenses, and e xpenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the perfor mance of such Services. The Con tract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit , and make records and transcripts from such records.

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

8.4 Release of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Item 1I - Page 9

Revised 2.9.22 Page 7 of 30

Agreement shall not be released publicly without the prior written approval of the Contract Officer.

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

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be con strued and inte rpreted both as t o validity and to performance of the parties in accordance with the laws of the State of California.

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

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

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

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

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

9.4 Rights and Remedies are Cumulative . Except with resp ect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative . The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the sam e o r d ifferent ti mes, of an y other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to c ure, correct, or remedy any defa ult, to recover damages for Item 1I - Page 10

Revised 2.9.22 Page 8 of 30

any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

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

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

10.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Contracto r shall not dis criminate against any emplo yee 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 ethn icity), sexual or ientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohib ited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to no n- discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing Item 1I - Page 11

Revised 2.9.22 Page 9 of 30

if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

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

To Contractor: R.E Chaffee Construction Inc.

Attention: Ronald E. Chaffee Jr.
1253 Evergreen Road Ste 3
Wrightwood, CA 92397

11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and unders tandings, if any, made by or among the Parties wit h respect to th e subject matter in this Agreement.

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

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

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

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

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

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

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

Item 1I - Page 12

Revised 2.9.22 Page 10 of 30

[SIGNATURES ON NEXT PAGE]
Item 1I - Page 13

Revised 2.9.22 Page 11 of 30

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND R.E CHAFFEE CONSTRUCTION INC.

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

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

Item 1I - Page 14

Revised 2.9.22 Page 12 of 30

EXHIBIT “A”

CONTRACTOR’S

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1I - Page 15

Revised 2.9.22 Page 13 of 30

1.1 Scope of Work:

A. Contractor shall provide all equipment, labor, and materials necessary for replacement of the sewage pump system at the City of Palm Springs Police Department, 200 S. Civic Drive, Palm Springs, CA 92262.

B. Contractor is responsible for any necessary building permits and/or plan checks.

C. The Contractors scope of work consists of the following:

1. Remove and dispose of both pumps, the basin cove r, the control panel, and the mechanical level controls.

2. Install two new 3 HP/460 VAC/3(/J submersible cutter pumps.

3. Install two guide rail systems (one for each pump), each includes: Base elbow, pump adapter/claw, upper guide rail bracket, sch. 40 316 sta inless steel guide rails, 316SS pump pull chain, 316SS anchoring hardware.

4. Install two new 3" check valves, epoxy lined/coated with resilient disc.

5. Install two new 3" bronze gate valves.

6. Install new 3" discharge piping to connect the new pumps an d valves t o the existing discharge piping. Piping in the sump to be sch. 80 PVC, sch. 40 316SS through the cover and no-hub cast iron above the cover. Pipi ng in the sump to return a small amount of water being pumped into the sump to help break up debris accumulated at the surface of the water.

7. Install one new hot dipped galvanized steel hatch cover; to be connected to the existing waste vent; to include liquid-tite flexible conduit to protect the pump and float cords above the hatch cover.

8. Install one new Duplex Pum p System Control Panel with the following features: NEMA 1 steel enclosure, power disconnects, ma gnetic motor contactors, motor overcurrent protection, H -O-A (Hand -Off-Auto.) switches, ETM's (Elapsed Time Meters), pump run pilot lights, control xfmr, automatic pump alternation, audible high water alarm with silencer, auxiliary dry contacts (for control power loss, 'lag' pump call, high water).

9. Install four new non -mercury heavy duty floa t switches complete with a float anchor assembly with 316SSI chain, sha ckles, cable clips, and eyebolt.

10. Provide Vacuum Tanker Truck to remove the debris from the sump.

11. Perform Confined Space Entry as required by OSHA, includes One Entrant, one Attendant, Safety Equipment.

12. Test the system for proper operation upon completion.

13. Make the necessary arrangements in advance to have no inflow into the sump for the duration of this work

1.2 Insurance Requirements:

Item 1I - Page 16

Revised 2.9.22 Page 14 of 30

The Contractor shall meet all insurance requirements of the City, includ ing b ut not limited t o, t he prov isions of per sonal and property liability, including automobile coverage, and Worker's Compensation, in limits acceptable to the City.

1.3 License Requirement:

1. Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax;

2. Possess any other applicable license required in the performance of these services.

1.4 Pricing:

Contractor will be compensated on a lump sum basis that is inclusive of all costs related to the specifications and requirements.

1.5 Invoicing:

Contractor will submi t an item ized invoice monthly. Billings mu st reference a pur chase order number and shall indicate the uni t (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Par ts, materials, equipment, and subcontractor costs will be compensated at actual co st with receipts required with allowable markup as outline in t he contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contra ctor a re authorize d. It sh all be the contractor’s responsibility to submit a correct invoice. The City shall not be respons ible for payment until a correct inv oice is received. The invoice shall be a ccompanied by receipts, dated, and signed by a City Emplo yee, verifying the work was done. Invoic es and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: [email protected].

1.6 Bond Requirements:

1. Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

2. Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated he rein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3. Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the ef fected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days Item 1I - Page 17

Revised 2.9.22 Page 15 of 30

prior written notice shall be given to the City, and Contractor shall post accep table replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the ext ent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Cit y. If Contractor fails to furnish a ny required bond, the City may terminate the Contract for cause.

4. Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accept ed. If a California-admitted surety insurer issuing bonds do es not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

1.7 Bonds:

Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “C” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City.

The Performance Bond and the Payment Bond shall be for one h undred percent (100%) of the Total Contract Price.

Item 1I - Page 18

Revised 2.9.22 Page 16 of 30

Item 1I - Page 19

ATTACHMENT F

BID FORM
INVITATION FOR BIDS (IFB 23-04)

BASEMENT SEWAGE PUMP SYSTEM
Responding to this IFB for basement sewage pump system at the Palm Springs Police Department, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials. supervision, And service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not already Included or Incorporated in the below unit costs.

ITEM DESCRIPTION UNIT QUANTITY PRICE
Basement Sewage Pump System per
specifications Lump Sum /I)/ L 9t. IL ,
Certified byJ?tjY\(),)c~ L C,)cuffe.e, ~ \.

Firm Name:'\\~, ~ Y\Q..tfe,e Coo eA-('UL,:½Da \ n~ I
Signature of Authorized Person: _ _ a ... ~ ... Uc.a.4._._.C. ... :.t .... ...,~- - ------ Printed Nam:.?i oro.iJ E (' yv.Jfee l~f .

Title:~S \ c\e ){\ ~
Date: ___ q__,~ Lc..:2-==--"'-,Z_? _ _________ _

Revised 2.9.22 Page 17 of 30

Item 1I - Page 20
r

CHANGE ORDER LOG
Re.CHAFFEE- -~-- --

I PROJECT NAME

LOCATION OF WORK

PALM SPRINGS BASEMENT PUMPS
CONTRACT NO.

REQUESTING PARTY

PROJECT MANAGER

I OWNER
CH.ANGE ORDER NO.

DATE OF REQUEST
CONmACTOR

ENGINEER
10-12-22

CHANGE REQUEST OVERVIEW

DESCRIPTION

OF CHANGE

PERFORMACE & PAYMENT BONDS AS REQUESTED BY CITY OF PALM SPRINGS

REASON FOR
CHANGE

UPON AWARDING OF CONTRACT CITY RQUESTEO BONDING
List all attached documents which support the requested change, and justify any increased cost and lime.

SUPPORT&

JUSTIFICATION

DOCUMENTS

SPECIACATIONS

CHANGE IN CONTRACT PRICE
~

RIGINAL PRICE
NET CHANGES OF PREVIO. us I

CHANGE ORDERS
lN~TINCR~ASE /OECRE~E I
I
TOTAL coNmAcT PRICE I
WITli APPROVED CHANGES
- - . - --
101,696 .26
NA
1742.25
103 438.51

CHANGE IN CONTRACT TIMES

ORIGINAL TIMES
II

NET CHANGES OF PREVIOUS

CHANGE ORDERS IN DAYS

I NET INCREASE/ DECREASE
II

TOTAL CONTRACT TIME

WITH APPROVED CHANGES
. RECOMMENDED BY
i ENGINEER ___ BRIAN SOTAK ___ _______________ _

APPROVED BY
OWNER
----- ·····--····-····-···"-----··-----1

ACCEPTED BY

CONTRACTOR
i DATE
10-12-22

REVIEWED BY
. FUNDER
i DATE

Revised 2.9.22 Page 18 of 30

Item 1I - Page 21

I PROJECT NAME PALM SPRINGS BASEMENT PUMPS

I LOCATION OF WORK
CONTRACT NO.
crrv OF PALM SPRINGS POLICE DEPARTMENT BA ... S ... EM=EN=T==========...j 2022-35 CHANGE ORDER NO.

I ITEM IZED BREAKDOWN OF WORK
I MATERIAL NAME I DESCRIPTION QUANlTTlY UNIT PRICE AMOUNT

BOND PERFORMANCE & PAYMENT BONDS
RENTED
OWNED
1RUCKING

OVERHEAD (MATERIAL, LABOR, & EQUIPMENT TOTAL)

SUBCONTRACTORS
SUBCONTRACTOR 1
SUBCONTRACTOR 2
SUBCONTRACTOR 3
_,, GREG B-OR.E}ON ----····---- --1!!~~!!!!
10-12-22
1 1742.25
TOTAL
NO. OF HRS
TOTAL

GRAND TOTAL
1742.25
NA
NA
NA
AMOUNT
NA
NA
NA
NA
1742.25

Revised 2.9.22 Page 19 of 30

EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 1I - Page 22

Revised 2.9.22 Page 20 of 30

INSURANCE

Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurre ntly with its execution of this Agreement.

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

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

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

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

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dol lars ($2,00 0,000) annual aggregate is:
_________ required
___X____ is not required;

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

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be pr imary with resp ect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, empl oyees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1I - Page 23

Revised 2.9.22 Page 21 of 30

contribution it may have against Cit y, its elect ed officials, o fficers, employ ees, agents, and volunteers.

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Contractor provides claims made profes sional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance co verage with the same ca rrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

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

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements , inc luding additional insured endorse ments, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approv ed by the City before work com mences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required f or Er rors a nd Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Ins urance Cove rage with an approved Addit ional Insured E ndorsement with the following endorsements stated on the certificate:

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

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

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

Item 1I - Page 24

Revised 2.9.22 Page 22 of 30

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

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

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

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

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

8. Severability of Interests (Separat ion o f Insu reds). This insurance appl ies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1I - Page 25

Revised 2.9.22 Page 23 of 30

EXHIBIT “C”

PAYMENT AND PERFORMANCE BONDS

Item 1I - Page 26

Revised 2.9.22 Page 24 of 30

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Sprin gs (hereinafter referred to as “City”) has awarded to R.E CHAFFEE CONSTRUCTION INC., (hereinafter referred to as the “Contractor”) an agreement for BASEMENT SEWAGE PUMP SYSTEM, CONTRACT SERVICES AGREEMENT A9243 (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated NOVEMBER 1, 2022, (hereinafter referred to as “Contract Documents”), the terms and conditi ons of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, R.E C HAFFEE CONSTRUCTION INC. , the undersigned Contractor and ___ __________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound un to the City in the sum of ONE HUNDRED THREE THOUSAND FOUR HUNDRED THIRTY E IGHT AND 51/100 DOLLARS, ( $103,438.51), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one -year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, it s officers and agents, as stipul ated in said Contract Documents, then this obligation sh all become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caus ed by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City ’s rights or the Contractor or Surety ’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:

Item 1I - Page 27

Revised 2.9.22 Page 25 of 30

(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a b id or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive an d responsible bidder, arrange fo r a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable.

The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Pr oject, less the balance of the contract price, including other costs and damages for which Surety may be liable.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be propo sed by Surety in fulfillment of its obligations in the e vent of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Pro ject if the City, when declaring the Contractor in default, notifies Surety of the City ’s objection to Contractor ’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extens ion of time, alteration or addit ion to the terms of the Contract Documents or to the Pro ject to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title

Item 1I - Page 28

Revised 2.9.22 Page 26 of 30

(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)

(Name and Address of Agent or
Representative for service of
process in California, if different
from above)

(Telephone number of Surety and
Agent or Representative for service
of process in California)

NOTE: A copy of the Power -of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

Item 1I - Page 29

Revised 2.9.22 Page 27 of 30

Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the id entity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me , _ ______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their author ized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudule nt removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer

Title(s) Title or Type of Document
Partner(s)
Limited

General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
Item 1I - Page 30
I I

Revised 2.9.22 Page 28 of 30

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Springs (hereinafter designated as the “City”), by action taken or a resolution passed October 27, 2022 has a warded to R.E CHAFFEE CONSTRUCTION INC. hereinafter designated as the “Principal,” a contract for the work described as follows:

BASEMENT SEWAGE PUMP SYSTEM, CONTRACT SERVICES AGREEMENT A9243 (the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated NOVEMBER 1, 2022 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is re quired to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracte d to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employe es of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ONE HUNDRED THREE THOUSAND FOUR HUNDRED THIRTY E IGHT AND 51/100 DOLLARS, ($103,438.51) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our he irs, executors, administr ators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, success ors or assigns, sh all fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or lab or thereon of any kind, or amounts due unde r the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exo nerated or Item 1I - Page 31

Revised 2.9.22 Page 29 of 30

released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of impr ovement herein abo ve described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover u nder any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all pe rsons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any ob ligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of a ny such change, ex tension of time, addition , alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By

Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority atta ched. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power -of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

Item 1I - Page 32

Revised 2.9.22 Page 30 of 30

Notary Acknowledgment
A nota ry public or other offic er completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac knowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not requir ed by law, it may p rove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer

Title(s) Title or Type of Document
Partner(s)
Limited

General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

Item 1I - Page 33
I I

ATTACHMENT B

Item 1I - Page 34
Item 1I - Page 35

ATTACHMENT D

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
{INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS (IFB 23-04)

BASEMENT SEWAGE PUMP SYSTEM

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID 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 an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who is an I
owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
6l1) the owner/investor and the official have done business together during the year prior to the application; (2) the official has earned income from the owner/investor during the year prior to the filing of I the application; (;l3J the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or (i ~ the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor's interest in the applicant entity, in relation to the application's outcome.

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

Item 1I - Page 36
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.).

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

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

What if I Have Questions?

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
*There are some additional supplementary instructions with an example following the form should you need further clarification.

Item 1I - Page 37

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

2. Address of Entity (Principal Place of Business)
Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State ~\\ ~D'\''<\'CA.._
If other than California, is the Entity also registered in California? D Yes D No \ . Type of Entity
Corporation D Limited Liability Company D Partnersh ip D Trust D Other (please specify) I

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity ~ (\ c\ ~ ~NY.,~QQe,.. f___. la:)<3u D Officer D Director D Member D Manager [name] D General Partner D Limited Partner
Q)ther \?Ce..-'t>\ C~ ~
_____________ D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other _______ _ __ _
______________ D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other ___ ____ ___ _
Item 1I - Page 38
I
I
I
I

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

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

I [name of owner/investor] [percentage of beneficial
and name of entity]
interest in entity
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF f ALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date ~bnaJ,6 'c c.,~cx,f-~ 0'C
"'e.-~, c\~k"" .,, lZ
Item 1I - Page 39
City of Palm Springs, CA.

Business 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 supplementary 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 pther such business entities must also be disclosed, including those entities other business entities, if any. 1 ltimately, 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 Brothers, 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 9alifornia 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:
. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
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 a. Managers: Acme Brothers 2, Inc., a California corporation I
b. Ownership: 100% Acme Brothers 2, Inc., a California corporation 3. Acme Brothers 2, Inc., a California corporation a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company 4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe b. Ownership:
i. 50%

CITY COUNCIL STAFF REPORT
10/27/2022
SUBJECT:

APPROVE SERVICES AGREEMENT WITH OTIS ELEVATOR COMPANY (A9252)

FOR ELEVATOR MAINTENANCE, MANAGEMENT AND PREVENTATIVE
MAINTENANCE PROGRAM IN AN AMOUNT NOT TO EXCEED $21,852.52 RECOMMENDATION:

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

2. Attachments
Item 1J

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 27, 2022 CONSENT CALENDAR

SUBJECT: APPROVE SERVICES AGREEMENT WITH OTIS ELEVATOR COMPANY (A9252) FOR ELEVATOR MAINTENANCE , MANAGEMENT AND

PREVENTATIVE MAINTENANCE PROGRAM IN AN AMOUNT NOT TO
EXCEED $21,852.52

FROM: Teresa Gallavan, Interim City Manager

BY: Department of Maintenance and Facilities

SUMMARY:

This action will approve a one-year agreement with two one- year options with Otis Elevator Company in an amount not to exceed $21,852.52 for elevator maintenance management system and preventative maintenance program for the Baristo and Belardo Downtown Parking Garage Elevators.

RECOMMENDATION:

1. In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” approve Contract Service Agreement A9252 (Attachment A) with Otis Elevator Company in an amount not to exceed $21,852.52, beginning November 1, 2022 through October 31, 2023.

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

BUSINESS PRINCIPAL DISCLOSURE:

A copy of Otis Elevator Company’s Public Integrity Disclosure form is included as Attachment B.

BACKGROUND:

Historically, staff has entered into annual contract service agreements with Otis Elevator Company to provide elevator maintenance management and preventative maintenance program services under the City Manager’s approval, since 2007. In accordance with Municipal Code Title modifications adopted by Ordinance in July of 2021, whi ch Item 1J - Page 1
City Council Staff Report
October 27, 2022 -- Page 2
Award Contract Services Agreement with Otis Elevator Company

predicates approval levels based upon the cumulative value of contracts and continuous purchases of the same goods or services , Otis Elevator Company’s prior expenditures combined with the proposed contractual expenditures identifies a cumulative expenditure in excess of the City Manager’s authority and requires City Council approval.

STAFF ANALYSIS:

Through the Omnia Cooperative, Otis Elevator Company was awarded contract 2019001563 that procured through the University of California services for elevator, escalator, chairlift and platform lift maintenance and repair and related services under a competitive process. This cooperative contract includes provisions that allow the awarded vendor to extend the same contract pricing to other public agencies. As such, pursuant to the provisions of the Procurement Ordinance, 7.09.010, the City Council may authorize elevator maintenance management and preventative maintenance under this cooperative pricing afforded through this cooperative contract.

The contract is for an initial one- year term with two one- year extension options upon mutual consent of the parties. The maintenance pricing is fixed for the first year and subject to labor cost adjustment in optional years two and three. Staff’s goal is to bid these services during the initial one-year term to secure competitive pricing for the C ity’s elevator services administered by Facilities Maintenance.

Staff recommends approval of Contract Services Agreement A9252 with Otis Elevator Company for a one-year term in the amount of $21,852.52 effective November 1, 2022, through October 31, 2023.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 3A, Community Infrastructure – Improve City Facilities.

Item 1J - Page 2
City Council Staff Report
October 27, 2022 -- Page 3
Award Contract Services Agreement with Otis Elevator Company

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2022 -23 in the Department of Maintenance and Facilities Account 5106560-40105.

REVIEWED BY:

Assistant Department Director: Heather MacPherson
Procurement Manager: Kim Baker
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Agreement No. A9252
B. Public Integrity Disclosure
Item 1J - Page 3

COOPERATIVE PURCHASE OF ELEVATOR MAINTENANCE SERVICES
AGREEMENT NO. A9252

This Cooperative Purchase of Elevator Maintenance Services Agreement (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Otis Elevator Company, a New Jersey corporation. City and Contractor are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement.

1. Background.
a. This Agreement is made and entered into in reference to the competitively solicited OMNIA Partners Contract No. 2019001563 (“Cooperative Agreement”).
b. The City desires to retain elevator maintenance management and preventive maintenance services attached hereto as Attachment “A”, the content of which is incorporated by reference to this Agreement as if fully set out her in it s entirety.
c. Contractor desires to perform said services on the terms and conditions set forth in this Agreement.

2. Term. The term of this Agreement is one year beginning on October 27, 2022, continuing through October 26, 2023. The parties may mutually extend the term of this Agreement for up to tw o additional one- year periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term of the then-current Option Period.

3. Compensation and Payment. This Agreement is for an amount not to exceed $16,832.52, subject to approved amendments and changes. The City may direct the Contractor to proceed with additional work pursuant to the terms of this Agreement, with payment to be made on the basis of actual cost of labor and materials required to complete the additional work, in an amount not to exceed $5,000. All pricing must be in accordance with the attached Quote, as shown as Attachment “B” , the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety.

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

5. Insurance. Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Attachment "C", incorporated herein Item 1J - Page 4
by reference. If no insurance is required Attachment “C” will reflect that there are no requirements.

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

7. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed, or hand delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows:

IF TO THE CITY: IF TO THE CONTRACTOR:

City of Palm Springs Otis Elevator Company
Attn: Brenda Pree Attn: James Lodge
Title: City Clerk Title: Account Manager
Address: 3200 E Tahquitz Canyon Way Address: 4949 Viewridge Avenue Palm Springs, CA 92262 San Diego, CA 92123
Phone: (760) 323-8204 Phone: (858) 514-2832
Fax: (760) 322-8332 Fax: (858) 560-7465

Item 1J - Page 5

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

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

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

10. Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon 30 days written notice to City.

11. Covenant Against Discrimination . In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates Item 1J - Page 6
of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting

12. Entire Agreement. This Agreement, along with the Cooperative Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written between the parties. In the event of conflict or inconsistency between this Agreement and the Cooperative Agr eement, this terms and conditions in this Agreement shall prevail.
[Signature Page Follows]

Item 1J - Page 7

SIGNATURE PAGE TO COOPERATIVE PURCHASE OF ELEVATOR

MAINTENNACE SERVICES AGREEMENT

BETWEEN THE CITY OF PALM SPRINGS

AND OTIS ELEVATOR COMPANY

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

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature

(2nd signature required for Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1J - Page 8

ATTACHMENT A

SCOPE OF WORK AND SCHEDULE OF COMPENSATION

Item 1J - Page 9
PULJL SERVICE Et EVATOR, ESCALATOR CHAIRLIFT AND PLATFORM UFT MAIINTENANCE AND REPAIR PROGRAM REQUIIR6MEMT.S
The intent of the F Lil I SeNioe Elevator, escalator, chairlift and p atfo:rrn lift, maintenanoe program is for the Contracto r to assume all responsibility associated with the e.levator, escalator, chairlift artd p!a1form lift. equipment artd associated parts as specified here1n, v,iilh the exoeption of those stated items that have been excluded as referenoed in 1his RFP. The v.rork to be perfom1ed by the elevator, escalator, chairlift artcl p!atfornn lift Contractor under fue specificat ions shall COfllsist of furnishing all material, labor, sulPeNision, tools, supplies, artd o1her ffiOpenses rtecessary to provide full seNioe mai 1tena 1oe, and r~pairs of every descrip ·on, including inspections,, adjustments, test artcl replacement of parts as herein speoified for all equipment covered under this RFP.

The v.rork to be performed by the elevator. escalator. ohai rfift and platform lift Contractor under the specificat ions shall consist of furnishing all material,, labor, supervision, tools, supplies, and other expenses necessary to provide full service and preventative maintenance services, and repairs of every description, including -nspections,, adjustments, test arid replacement of parts as herein specified for all equipme.nt covered under this RFP. as I isted.

The Contracto:r shall systematica[ly examine, adjust, lulbricate, dean and when rond itions warrant, repair or replace the folloVl!ing items and oo~po rtents thereof and all other mechanical or electrical equipment, indu ding, but mt rtecessarily limited to the following:

ELEVATORS :
• E ntire machine, include housing, drive sheave, drive sheave shaft bearings, brak.e and assembly and component parts.
• Hoist motor artd motor generator inolucli 1g auxitiary rotating syste.ms, motor wi11d i11gs, rotating elements, commentators a rtd bearings, field windings. • All sheaves.
• Gontro[ler: All compone its in:cludrng al I relays, contracts, solid state oompo:nent resistors, -condensers, transfom1ers, oontacts, leads, mechanical or electrical timing devices,, comp Lit.er de\iloes_
• Selector: All components including selector drive tape, wire or cable, hoist way vanes,, magnets, inductors and all other mechanical and e ectrical drive ,oo~ponents.
• Motor, and motor generato rs brush and brush holders. • Hoistway door interlock s or locks and ,co ,taots : hoistway door hangers and tracks, bottom door jibs, cams, rollers, artd auxiliary door dosing devices for power-operated doors. Chair.s, tracks, cams, interlocks, sheaves for vertical bi parting doors _ All thrust rollers, (Ecoentrics) broken arm closer assembly, retiring arm assembfles complete.

Item 1J - Page 10
• Hoistway limit switches, slo\lli'do\1\111 switches, leveling switches and assoc iated ,cams an:d vanes ..
• G uide shoes iricluding rollers or jib type assemlJlies complete. • Automatic power operated door ope.rators, door protective devices, ,car harig,ers, tracks and car door contacts for bo1h side slide and vertical bi-parti n-g doors, photo eyes.
• Traveling cab es ..
• Elevator control wiring in hoist way and mad1i ne room. • Governor including governor sheave and shaft assembly bearings, ,oontaot jaw and governor tension assemb ies.
• Car and w unterweight safety mechanism and load weigihting equipment • Hoist cables,, ,governor cab es, wmpensa tin-g cables and wm,pet1Sa.ting chains, inclu:dling the acfjus1:ment and shorting of same a:s required by Code. • Bullers, oil or spring type.
• Fixture contacts, push buttons, key switches a111d locks and lamps aw1d sockets of button stations ( car and hall),, hall lanterns, position indicators ( car and hall), di reoti:on indicators.
• The Contraotor shall keep the guide rails free of rus1 vvher,e ro[ler g,uides are used and properly lubricated when s iding ,guides are used. IRooew guide shoe rol ers and jibs as required to insure smooth and satisfactory operation .. • The Contracto r shall also examine and mak,e necessa ry acfj ustment or repair to the following accessory equip me ,t including revamp·ng of signal equipment: hall lanterns car and -corridor position indicators, car stations,, traffic direotion station, ,electric door operators,, inte:r,oom system , intertocks,, door hangers , safety edges , LED.
• All r,e,placement parts shall be new and speciflca[ly desig1ned to the elevator on wh.ich they are to be used.
• The Gontraotor shall furnish and use lubricants as recommended by the manufacture r of the equipment or approved equal.
• The Contracto r sha[I be responsib e for ke~pi ng the enerior of the elevator. machinery and other parts of the equipment subject to rust, painted 'With heat resistant enamel and presentable at all times. The motor windings shall be tr,eated as rteeded 'With proper insulatrn-g compound as recommertded by the moror manufacturer. a eaning artd re-finishing of the interior of the cars and exterior of hoist way door frames are exol uded from this contract.. • The Contractor shall maintain a[I e evator equipment in hoistways, pits,, machine rcooms, and assigned elevator. Contracto r work. space in a dean,, orderly

Item 1J - Page 11
mndit ion, free of dirt,. dUiSt and deb.ris; pits arnd machine spiaoes shall be kept dry and dean _
ESCALATORS:
• The Contractor sha II regularty and systematically exam ine., acfj ust, lub icate., dean internal truss structures (as required), maintain all accessory equipment, and if ,oonditio 1s warrant ,. repair or repelace the fdllol.l'l!'ing escalator componen ts:
esca lator power unit, ,oontml er parts. electrica l s'rA!itches, wiring, bearing, governors and brakes, step a111d chain wheels, chains and sprockets, steps and step treads, comb plates, safety devioe handrai ls_
CHAIIRUFTS AND PlATFO RM llFTS:
• The Contractor shall pefo:rrn regula r ct1Speotions to address ffle follol.l'l!'ing: ride acoess by passengers . main enance and qperat ional staff; safety dUiring the ride;. fundamen tal mechanical and electrical safety ; f1ire safety; noise_ • The Contractor shal I perform the fo.llO'Ning i 1speotio:n activities: oommissioning inspeofo:n including load test rut1S; formal pre-season inspeciioo;. daily and periodic maintenanoo inps,ections; annual inspeotio:n; periodic major inspeotio:n of •critical ,c,omponents; designer and manufaoturer stipulated ir,speotians; ancillary equipment i r,speotio:ns.
• The Contractor shall i r,speot the platf orrn and wntro l panel, ock bdlts for tightness, the foot switch for proper qperatian, switch,es which should be in neutral, signs and labels and instructions for l,egibibility, safety latches, toe boards, railings and g,uards to er,sure they are in good condition and working property.
• The Contractor shall cnspect , and 'When ,oonditio:ns warrant,. rep ace the follov.~ng for the boom or lift:
a_ the jib and main boom assembly or scissors lift to ensure pins and p-vot points are in good oonditioo,. prqperty attached and lock.ed, and show no signs of bencfl ng, pinching or wearing
b_ lubrication points for signs of lubrication;. dry or drrty lube fittings might mean tie luhe points have not been used
c. the ,oontrol valves for leaks , loose hoses, frayed v.~res ,or damaged insulation, making sure SLJ\ppo:rt brack!ets aire in plaoe and tigjht. • The Co111tractor shall inspect , and ViJh,en ,oonditions warrant, rep ace th,e follov.~ng for the frame:
a_ the four-wheel assemblies for tire wnd itioo and proper inflation b_ the drive hub and brak.es for signs of brakie fluid leakage, caked dirt, lack of ubricatio:n and missing ,or loose I ug nuts, a11dl any fluids used or removed by Contractor M ll be disposed or removed prqperty by Contractor_

Item 1J - Page 12
c. the s,teering cylinders, tie rods and steering linkag1e for wear and pro,per fluid levels and lubrication.
• The Contraotor shall inspect, and Vilhen ,conditions v,.rarrant,, replace the following for the turntab e:
a. drive-:train ,oomipcments - pump,, drive motor, bak e and oontrol valve, oonneoting hydra.ullic hose, and fittings - for signs of hyd.rauli o-ifluid leaks visible at oon_neotio:ns
b. pumps or oontrol valves for 'OW pressure under loads caused by wear
c. prIessure plates for cracks due to ov,erfoacfing; signs of oracks should trigger a more detailed i r.speot&on of a[I lift oomiponents for signs of strain, such as leaks, bent or scored mechanical linkag,es or cal>le fatigue_
d. tumtab e drive and support bolts
e. tumtab e bearing and ,gear mechanism for proper lubrication and smooth rotation ; hesitation might indicate bearing wear or damage. • The Contraotor shall inspect, and Vilhen ,conditions warrant,, replace the following electrical components:
a. engine filter
b. battery-flu·d level
,c_ oil level
d. muffler and exhaust system for leaks or loose braokets e. hydraulic pump, medium-pressure filter housing and swivel for leak:age or damage
f. horizontal outoff lrmit SViiltch to make surIe it is free of dirt and the arm is straight , d ean, and free 1o move, if applicab e g. hoses and wires to look for leaks, wear or damage
h. doors and latches for lubrication a 1d proper operat ion. • The Contraotor shall rnspect, and Vilhen ,conditions warrant , replace the following accessories:
a. manual descent for wear or damage indicated by 1,eakage,. dents or soaring of the cylinder
b. return fillters for obstructions or leaks
,c_ ILJP ,gas tank:, if appropriate,, to ,ensur,e it is v.re[I anchored and all d amps and bolts are tight

Item 1J - Page 13
d_ hydraulic fluid leve in the reservoir by removing the cap, cheo!crng the oil l,evel and replaoing the cap
e. magnetic p lug, if appropriate, to check for irm filings indicahng metal soaring is occurring in 1he sys,tem; checks should be done 'i/llhen fue system is s hut dO',..rn, lowered for sto:rage,, and the oil is oold.
f. gmund-oontrdl switches to enstme all OiPeratianal labels and warning signs are legib e.

GEINIERAIL
• The Contractor shall not be responsib e ( unless directed by UC in which costs shall be incurred by the User Agency), for upgrading the equ-pment to meet changes in oode requirements as may be reoommended andlor directed by insuranoe •oom1p,,mies, Federal, State, Mun.ioi pal or other Governmental au1hori1ies. S ould a full replacement of an elevator, escalator, charr lift and/or plaff:om1 lift be required, Purchasing may facilitate a RRP process. The suooessful Proposer may be respansi!Jle for the marntenace of the elevator, esclator,, ,chair tift and/or platform list and its associated equipment and parts in accordance with the manufacturer's warranty (tw ically one (1) year). At the ,conclusion of the v.rarranty period, in aooord.mce to the oonle ,ts of this RRP, the full servioe marntefllance ,oontraotor shall resume all marntenance activities associated wi1h 1he maintarn.ing the r~placed elevator, escalator, chair lift andl'or platform lift_
• The Contraotor shal I be respo 1sible for giving immediate notioe to the designaied Agency Represent;;itive of any condlifon , which he discovers, 1hat may present a hazard to either the equipment or passengers. • The Contractor shall not be required by this agreeme',t, except as herein noted, to makie rene\N'als or repairs necessitated by proven negligence ,or misuse of the equ\pment by persons other than the 0::>ntra.ctor, his r,~presentatives and employees, or by reason of any other proven cause eX!cept for normal wear and tear, beyond the oontrdl of the Contraotor .

Examples of these are tile followillg:

Refinishing, reparnng or replacing ,car enclosures, hois,tv.ray, endosure, hois,tway door panels, frames, and sills, and all power SU1Pply panels and feeders. Cost of repairs, replaoements or removal necessitated by a ,y cause,, o1her than ordinary wear, wtt· ch is ,occasioned by negligence shall be determined by General Servioes and 1he Agency Representative.

Any repairs that are not the Contractor's responsibility will be paid at the labor rates o:n the Proposal Fom1. All material required for the above mentioned repairs v.~11 be paid on either a time and material or not-ito ex,ceed basis as defined in ithe Offerer's prqposal. The Contractor willl be paid ,only for repairs actually required.

F.. EqHipn1,ent, Wiring1 and CircHit Changes

Item 1J - Page 14
The Contractor shall not make any changes or alterations ro the exisfaig mechanical equipment, cir,cuit wiring ,or sequencing, no:r alter 1he orig;irnl drruit or 'Wiri111g es·gn of the elevator, escalator,, chairlift a11d platform lifts unless changes are auflo:r izecl, in writing, by the agency designated representative for approva l.. This submission shall indud e neatly prepared drawing1s and v.~ring diagrams as wel I as a complete description of the proposed chang;e. Prior to submitting the proposed cha111g,e to the agency, th,e Contraotor sha[I, at its o'i/1111 ,c,ost and expense, have obtained comments from the original equipment manufacturer co ,ceming he overa[I effect ,of such changes on the system. If chang es are made, Conlrac ,tor shall prov·de a&-built dra•W'ings of modifications.

G. Mai111te:na111ce Service
Maintenance under this wntraot sha[I provide a ro:nstant, high quafity service to properly protect a[I e evator, escala1o:r, chairlift and platfonn lift, escalator, chairlift and platform lift equi1P merrrt from eterioratio:n a11d to prov·cte ,oonstant peak. performance of all elevator, escalator,, chairlift and platfom1 lifts, es,calators, chairlifts artd platform lifts, resulting in a minimum ,of down ti me for any partioo of the system.

Not more fuan one e evator, escalator, chairlift and platform lift per facility shall be o:ut of service at one time for regular maintenance ubrication and s,ervicing. The time of day that each elevator,, escalator,, chairlift and platform lift can be shut do"M1 for routine main :enance shall be scheduled with the designated Agency Representative ro minimize the disruption caused by ttie elevator, escalator, chairlift and platt:om1 lifts being out of service. If for any reason an eleva1o:r, esca .lltor, chairlift .;md p atform lift should be out of service for more than two (2) hours, fue Contractor shat[I notify the Agency Represe ,tative when 1he e evator, escalator,, chairlift and platform lift was taken out of service, the reasoo 'rlllhy ar,;d 'rlllhat time thee evator_, escalator,, ,chairlift and platform lift is expeoted to be put back en service for proper and safe operation. The fo[lomng schedule willl be ooosidered maximum shut down trmes allowed (times be ow ca11 be modified by individual UC or Parti cjpating Entity):

11. Maj:or Re1pairs (ililcl ude but not necessa riliy !limited to the f,olllowing)· • Cab e-hois,t, governor , oomper.sating ar,;d tail ropes. Comp etion of the wo k should be 'Within four (4) v.rorkcr,;g d!ays aft.er replacement ,cables are rece.ived. • Brake Goi Is a111d motor fte d coils - five (5) working days. • Rev.~mJ motor or MG ser armature - eight (8) ,rorkcng days_ • Tum down and under,cut machine ,oommutator - three (3) working days, .. • Govemo:r r~pair - two (2) •,rorkir,;g doliys.
• Rep ace motor beari111gs~ four (4 ), working days .
2_ Minot" Repai rs {include but not necessa rily limited to tl1e folllowiingt :

Comple: ion within twenty -four (24) hours
• Rep .lice relay -coils.
• Rep .lice relays.
• Rep .llys door cnte rlocks.

Item 1J - Page 15
• Replace door jibs.
• Door operator repairs.
• Repair se eotor dlrive tape .

3. Miinor Re1pairs (incl ude but not 1nec-essariily limited to the fo lllowiing):

Completion witlhi'n two (2), woddng days
• Replace door operator motor.
• Replace seleotor drives motor.
• Replace brake linings.
• When a111 e evator, escalato r, ohairlifl and platform lift is shut do'Wfl, a laminated s·gn shall be paced at eaoh ope 1ing ('rlll'here aipplica.ble) slating: ~This elevator. ,esra lator,, ohairlift arid platform lift is being serviced .. !Please use EJevato:r, esra lator,, charrtift and platform lift INo._ ~. A reoord shall be marntained by the Gontraotor of non-emergency maintenance items in need of ,correction ihich ,come to his attenfon , and he shall provide this ist to the designated Ag,ency Representat ive for neoessary corrective aciion during the Contractor's routine visits.

H. Maint emmce Seirvice Reoo ds
The Contraotor shall pi;ovide and keep currefllt suitalJle eleotronic check charts for ,each elevator,, escalator, chairlift and platform lift. Upon romp letio.n ,of mainteoon ce, the Contractor is to furnish afl e ectmnic report induding check charts and log of arrival and departure times of the Contracto r's ,employees acoordirig the standard as set forfu .

The electro n:ic log sha ll contain column lines for date entry and column lines for descript ion1eJdent of wo:rk. perfor med.

The Contraotor shall mairntain an e eotronic log or all call bad records .. On a semi annual basis, the Gontraotor shall submit an ,electronic cqpy to the u;ser agency in the form of a line graph that show the tre11d in callbacks .

I. Maint e'lila'lilce Respo'lilsiibility
The Gontraotor shall keep the elevator , escalator. ,chairlift and platfom1 lift maintained to operate at the original -oontraot speed, keeping the original performance time. indu ding aoce!eration and retardati on as designed and installed by the manufaoturer.

The door operation shall be adjusted as required to maintain ,optimum door opening and door d osing times, within lega l limits.

General Services and 1he 11.Jser Ag,ency Representative reserves the right to make inspections arid tests when deemed advisable . If it is found that the elevator , escalator, chairlift and pla1form I ifts and associated equipment ar,e defioient eilh,er e ectrically or mechanirally, the Contractor 'Will be noliified of these deficiencies in writing, and, if no life thrreate ,ing situation exists, it shall be his respansib11ity to mak.e the neoossary corrections within thirty (30) days after his receipt of such notice. In the event of a life threaiening situation, the Gontraotor must malk:e the necessary repairs immediately. In the ,event that the d.efioienci,es have not been ,oorrected !Mthin thirty (30), days, or immediately as the case may be, the user Agency may temi inate and emp oy a contractor to ma e the correotians at the o iginal Offeror's expense.

Item 1J - Page 16
Duri111g any contract year a ro 1pany designated by the User Agency or his repr,esentati1,11e will perfom1 maintertance and safety inspecitions_ The macn1enance col'iJ1ractor shall accompany this inspeotor for both inspections of all elevator, esca lator,. chairlift and p!atfonn lifts ,oovered under 1his oontract At the ,oonclusioo of this inspedion, the L1Ser Ag,ency Representative shall ,give the contractor written notioe via an electronic docu:ment of any deficiencies found _ The Gontraotor shall be responsible for the correofon of these defic iencies in aooordance Vilith the above paragraiph_ J. Work Ho· 11rs
The maintenance work to be performed under these specificat ioos shall be performed during the normal working hou:rs of 6:00am to 6:001pm , Monday tluough Friday , UC ,or participant hor clays ex,ceptec:t Off eror shal I submit with its response, a111d update annually, togethe r with supporting documentation , a s,taiement of the hourly rates paid to its techn-ciansJmechanics for "normal hoors" work., ,tiich tem1 shall mean the hoors s,tated_ The Contraotor sha II also state 'M"lat constitutes "time and ooe-half' as opposed to double time_
l he Gontraotor shall provide emergency call back servioe for all elevator, escailator,. chairlift and platfom1 lifts under whioh the Coti1ractor agrees to have an eJeclronic \'.rorkman report to the site ,of the emergency w ithin time proposed in Price Sheet - Hourly Rates by Canipus Location for such service by te ephone or otherwise from the Ag:ency IRepresentati\lle_ This emergency callback servioe sha II be limited to rnc11-0r adjustments or repairs to provide ur1interru;pted elevator,. ,escalator,. chairlift and platform lift seM ces_ Emergency callback service shall be performed a:s part of this Contract wnhout additiooal charge, during normal hours_ The Conlr.a.citor shall provide names and te ephone numbers ,of the persons to be oontacted _ S hou:ld a ,caUback oocur during other than normal \'.romi 119 hours necessitating the payment by this a:mtracto r of premium or overtime• wages, this Contraotor shall be responsible for the basic holllrly rate paid, but the agency will, u;pon rece-pt of properly docu:mented bills, pay the aotual amo:L11nt ,of the premium portion of 1he .rage_ K. Re1porting Requiiremeuts
l he Contractor shall maintain a complete e eotronic reoord (by elevator, escalator,. rna irlift and platform lift) of all emerge 1cy callback, r,eplacement , and repair work performed . Th is information shall be mnso lidated by the Contraotor into an el,ectronic monthly rieport to the Agency Repr,esentative. Th:is monthly report shall rndicate the elevator,. escalator,. chairlift and platform lift number , date work \l,ras performed , type of \'.'Ork (calllback,, rep acement or reparr},,, brief description of the wok performed, man hours e)lpended and materials used_
L. Spare Parts
In addition to the mi t1-0r spar,e parts specified , the Contraotor shall have available at all times, for immediate delivery an;d installation, sufficient supp y of the following emei:gency spare parts for the repair of eaoh elevator,. escalator, chairlift and platform lift system ,oonoe med_ The inventory shal I include, but not neoessarily be limited to the follo'i/lllng:
• Lamps, minimum ti,,,ro each fype _

Item 1J - Page 17
• Door operator motors and gear reduc ·on unils, for oo1h sides s ide and vertical bi-parting doors .
• Transformers and rectifiers for each type arid size used. • R!e!ays and sv.iitches, mini mum one of each type.
• Contro [ler and selector motor (when used},. leveling svuitches, magne ts and inducto rs.
• Selector tapes and selector motor (when used),, leveling svuitches, magnets and inductors.
• Door interlocks.
• Car door safety edges ,oomp ete each type.
• Car door photoelectric safety device.
• Car door electric door detectors comp!ete to include prea~p lifiers and power pack
• Hang ml ers fo:r both car and hall doors.
• l imit switches and t,erminal stopping switches .
• R!o[ler guides for car.
• Eleotrooic tubes fo:r each type and size used.
• Plexible guide shoe jibs.
• Torque wrenches and other small tools.

The Con tractor shall provide at the buildrng a spare parts metail storage cabil"ilet and metal ,c,ontainers for storage of waste and other flammable materials.

M. Overt 1iime
During the term or the Contract the Agency 1Representafa,1e may authorize the Contractor ro use ,overtime in order to ,expedite major repairs. This aJUthorization v.~11 be granted en those instances here the agency has made a determination that such action is in the •overall best interest of the UC. W hen this autho rity is granted, the Contractor shall pay employees their usual overt ime~ho r rate, and UC 'illlill issue payment based on the differenoe beti..,•een the normal work hours hourly rate and the 0V1ertime-hourly rate ..

N. Safety and lnspectfon
All serv·ce and repair V110rk shall be perfor med in ,compliance with the American Society of Meehan ical Engineers Code ASM E A 17 .1-1 '1 '93, or most current version, and shall be subject to safety tt1Spection by the Agency Representative. Periodic tt1Spection of the e evator, escalator,. ,chairlift a111d platform lifts as required by the ASME A 17 .1 Code should provide personne l who are familiar with the equipment to, perform the test. The Contractor shall periodically exam ine and test all safety devices. He sha II make formal safety tests and inspections as required and outlined in the ASME A17. 11 Code. The tests shall be co:nduoted in the presenoe of the e evator, escalator, chairlift and p atform lift inspector designated by ffle State of California. Tests shall be performed at intervals specified in the ASME Code. lit 'illlill be ili e responsibility of the Co11tra.ctor to

Item 1J - Page 18
de,termine when these t,ests are due_ After comp etioo of th;e required safety tests, the Cotitracto:r must submit electmn i cally a documen t to the Agency Representa tive ind·cating at least the following informat ion. Th;e document may be th;e Contractor's standard form or the ASME Standard Form:
• Type of test.
• me of organization perfo:rming th;e test
• Address of the faoility being t,es,ted_
• Elevator, escalator, chairlift and p!11tform lift identification number_ • Capacity _
• Speed.
• Type of Bevator, escalator, chairlift a 1d platfo m fift_ • Type of Machine.
• Indication that ,governor has been checked for proper tripping speed a1111d that the over speed s'rlllitch is func -anal_
• Type, s_ize and condition of govemo r type before and after test. • load at which safety was tested_
• Speed at Vlfhich •governor tripped.
• Length of marks oo each ,guide rail made by saf;ety laws. • r umber of turns remain:i ng oo drum_
• Did car o:r ,oounterwe-ght set !evel?
• Did governor set sausfactarilly?
• Was govemo:r calibrated? At wh11t speed?
• Was safety test satisfactory?
• At Vlfhat speed and load were buffers tested?
• Was oil level satisfaotmy after test?
• Indicate plunger rompress ion return time_
• Indicate date test was made.
• Signature ,of individual perform ing tests.
• Any additional remarks that are appl icabl,e_
• Name of the State of California and/or UC representative witnessing the test After ~ests have been perfom1ed, all safety devices shall be checked and adjusted as required 1o meet n11anufacturer's reoommendations. Elevators, esca lators, ohairlifts and p atform lifts shall not be placed in servioo until all tests , ch;ecks and adjustments are complete and elevator , escalator, ,chairtifl and pla1fonn lifts are in proper v.rorking oondlition_ Th:e Contraotor sham n:ot be he d respor.sib e for any damage to the bui!ding1 and equ\pme ,t caused by the test , un ess such damag,e is a result o f n:eg igience_ Failure to follow correct pFOcedures to prevent damage and

Item 1J - Page 19
failure to perto m pretest examin ations shall be -coosidered negligence by the Contraotor.

0. Firem en's Recall SelfVtoe
The follov.~ng ASME Code A11..2-913 Rule 1260_7tests must be made monthly:

Phooe ·1- EIMEIRGE CY RIECALIL OPERA HON:

Initiated by i nsertrng k.ey in key s'rNitch lobby or designated l,evel_ Tum key to "ON" position_ Wai t for al I elevruo s to rerurn to that floor and the ir doors to full o;pen_ If test is for Phase I only, tum k!ey to "OFP' position and remo.11e_ P hooe 2 - EIMEIRGE CY IN CAR OPEIRATI ON:

Remove k.ey from designated level key s'Mtch whcl,e still in the "OW position_ Insert key into key switoh of the first elevator. Tum to "ON" position. Push next floors car button .

Push "Door Open~ button and hold until doors are fully qpened_ To return to designated level, push correspond ing buttoo n.umber_ Push "Door a oseD button and hdld until doors are fully dosed_ Return key to the ~OFP postion, remove key,, and repeat for next elevator_
CLEAR to dear fireman s,' recall test, cnsert key into designated level key switch_ Tum to "'ORF" position arnd remove k.ey_
P .. Drawi ing and Wiri 1ng Diagrams
The Contractor shall be scle!y respons-ble to determine which techn ical materia ls are required and to ir1fom1 the agency thereof. The agency sha[I mak.e availab e to the Contractor any and all such techn ical materials already at its disposa l and a[I Offerors may exam ine ii: an any reasonab e time before RFP open ing upon making arrangements wilh the agency_ Such examination by Offe rers shall take p ace at the job site only_ It is the Offeror' s sale respoosi bility to determcne the aocuracy and oomp eteness of any and all suoh techn ical materia ls made available fo:r such examinat ion by 1he agency si nee the agency does not v.rarran · and accepts no responsibi ity for the acruracy and oomp et,eness of any a111d all such techn ical mater ials or their laok thereof. The Co 1tractor shall be required to• advise the agency of the need for any such mater ials and the Contraotor sha[I be required ID procur e any such needed materials which are not otherwise availalb eat its sol,e ,oost and expense _ At fhe exprratim of the contraot, covering each a1111d all related eq;u-pment covered by such contract, a[I such teohnica l materials shall faiflfu[ly represent the then curr,ent "'as modified" ooncfifon of all UC's equipment whioh is ,oover,ed by such ,oontraotor.

Any and all drawings and wiring diagrrams furnished to 1he Contracto r by II.JC ,or a n.on UC agency or dra'illrings and wiring diagrams prepared by the Contracto r fo:r work under the Contract shall be considered the property of I.JC and shall be aocessi!Jle to the Ag,ency Representati ve at all times, and be turned ,over to them when requested_ The user agency reserves the right to vmhhold paymen t if these draW'ings and ~ rrng diagrams are not rel,eooed ID them upon deman d_
Q. Items of Preve, tafliive Ma iintenan oe Work
The preventative maintenance specified herein is oonsidered the minimum, but can be modified i111 M iting by ,each UC Car11pus Location or Participa ti rtg Entity, fo:r all equipment llf specific equ ipment covered by this Contract requires additio111al

Item 1J - Page 20
pre\llentative mairntenance for safe, reliable, operation , as specified by the manufactu rer,, the Contracitor shall perfom1 the requir1ed additional pre\llentative maintenall'ilce without added cost to UC or participating agency .

WeelkJly
• IPerfo:rm general itliSpeofon of machinery,, sheaves, 'WOm1 an ,gear motor, brake, seleotor of floor oontrol ers ('rlllhen used). Lubrira1e as required. • Em,pty drip pans, discard of! in an approved manner and oheck resef\llOir oil level. • Observe b:rake operafon and adjust or repair if requir1ed. • lnspec1t and lubricate machinery, contacts, linkage and gearing. • C ean ar1d inspect brushes and wmmu tator, perform needed repairs. • C ean and inspect controllers, seleotors, relays, com1ectors, contacts, etc. • Frde car and dbserv,e operation of doors, leveling, re-opening devices, push buttons, lights, etc.
• If rails are lub:ricated, ,check ,oonditioos ar1d lubrication Servioe lubricators. • Replace a[I burned out lamps i111 elevator, escalator, chairtift and p atform lift cars, machine room,, pit, hall lanterns, etc.
• Remove litter, dus,t, oil, etc. from all machine room equipment. • C ean trash from pit and empty dfip pans.
• Check cood ition of ,car sv,ritohlhand!e, replace emerg,ency release ,glass if required.
• Check govemo:r and tape tension sheave lubrica ·on.

Rep acements fo:r burned out lamps in all lanterns, p:ush buttons, ,car and corridor position indicators, director stations , "this car up~ signs and other sig,nal fixtures shall be supplied a111d installed by the Gontraotor. Replaoement for burned o:ut lan1ps in elevator ,cars, machine rooms and pits sha[I be supplied by the fa.oility and installed by the Contractor.

Monthlly
• Observe qperatiori of elevator, escalator, chair1ift and platfom1 lift throughout its full range of all floors it serves to test rontrols,, safety devices, le\lleling, relieving and other devices.
• Check door ,operation, dean, lubricate and adjust brakes ,, checks linkages , ,gears, wiring motors, ,check keys, set screw, contacts, chains,, cams and door closer.
• Check se ector. a ean, adjust and lubricate brush,es, dashpots, traveling cables, chain, pawl magnets, wiril'ilg, coob-acts , relays, tape drive and brok1en tape switch.
• Check car. Clean, acfjust and lubricate car door and ,gate tracks, p·vots, hangers, car ,grill, side and top exits.

Item 1J - Page 21
• Inspect interior of cab. T,est tel,ephone or intercommunication system, rio:rmal and emergency lights, fan, emeigency call system or alarm, car station. Make needed repairs.
• Visually inspeot oomrdl ler. ,cootaots and r,elays. Check adjustment and r~place ,c,ontacts as required ..
• Observe qperation of signal disparohi 1g system. !Inspect co:mpensati111g hitches, buffers, rope clamps, slack cable switch, ooupl ings, l<eywa.ys and pul eys. Check load \lll'eighting device and dispatching time settings. C ean, adjust and lubricate as necessary.
• Check oil level in car and -oounterwetght oil buffers and add oil as required. • Check brushes and commentators. lhspect commentators fo:r finish, grooving, ecc:e ntrioity and mica level. If r,equired, clean, tum o:r refinish ,oommutato:r to provide proper ,oommutation. Inspect brushes for tension sea · ng and wear, replace ,or adjust as required.
• Check and adjust
Car ventilation system.

2. Car position indicators ..

3. rnreotion stations.

4. Ha[I and car buttons.

5. Hall lanterns ..

6. Th:is car up signs.
• For escalators, reg1ularly and systema ·cany examine, acljust, lubricate,, d ean internal truss stru cru res (as requ:i red),,, maintain al I aocessory eq u:ip ment, and if -oonditioos warrant, repair or repelace the following escalator components:
escalator pov.rer unit, control er parts, electrical switches, wiring, bearing, governo:rs and brakes, step and chain wheels, ohains and sprockets, steps and step treads, comb plates, safety device handrails.
• For ohairl ifts and platform lifts, pefom1 regular inspections to address the follo,,.,~ng: ride aocess by passengers, mainte mnce and ,operational staff, safety during the rid,e, fundamental meohanical and electrical safety, fire safety and noise.
• for ,chair1ifts and platform lifts, perform the fdllowing rnspedion aotivilies:
commiss·on:ing inspection induding load iest runs, formal pre-seasoo inspection, da11y and periocl.ing maintenanoe rnipsections, annual inspection, periodic major i111speotian of critical compone ·,ts,, designer artcl manufac,turer sti pullated i111speofons ,, and ancillary equipment inspections.

For chair1ifts and platform lifts, i nspeot the p!a1if orm and control panel, lock. bolts for tightness the foot switch for p:rqper qperation, switches which should be in neutral, signs and labels and instructions for legibibility, safety latohes, toe boards, railings and guards to ,ensure they are in ,good condition and v.rorkirtg property.

Item 1J - Page 22
Quarte rly
• Oheck eveling ,operation. Olean and adjust leveling switches, hoist way vanes, mag nets, and inductors . Repair andfor adjust for proper leveling. • Oheck hoistway doors. Olean, lubricate car door or gate tracks, hang,ers and up thrust eccentrics , linkages jibs and interlocks.
• 0 1,ean, adjust and lubricate car door or gate tracks , pivots, hang,ers. • On hoistway doors, d ean, lubricate and acfj ust tracks , hangers and ec,centrics, linkages jibs and interlocks .
• Inspect all fasten ing and ropes for wear and l11Jbricatioo . Clean both governors and hoist rqpes and lubricaie hoist ropes and lubricate hoist rqpes if needed .

Inspect all rope hitches and shack les and equalize rope tension. • lnspecit h.oist reduct ion g,ear brake and brake drum , drive sheave a11d motor, and any bearing wear.
• In the car, test alam1 bell system. a ean fight fixtures, inspect, ,c ean and adjust retiring ,cam devices, ohain, dash:pots, oorrnmentators, brushes, cam p·vots, fasten ings. Test emergency switch (,ground case, if necessary} . Inspect safety parts, pivots, setscrew, switches , etc. Check adjusunents of car and ,oountern•eight jibs, shoe or rol er g,uides, lubricate and adjust if necessary . • In the pit, lubrica.re compensa.ting sheave and inspect hitches. !Inspect ,governor and tape tension sheave fasten ings. Empty dean oil drip pans. • Clean all parts of safer es and lubricate moving parts to assure their p:rqper qperat ion. Check and adjust c earanoe between safety jaws and guide rails.

Visually inspect all safety parts.
• C ean and examine governor rope, rep acing,, if needed. (Do not lubricate governo r rope}.

Sem1i-Annual liy
• Check controller. Clean with blower, ,chedk alignment of switches, r,e.lays, mers , ,oontracts, hinge pi11s, etc. adjust and lubricate. Ched all resistanoe rubes and grids. Oheck. ,oil in overload re ays,. settings and qperat ion ,of •overloads. Clean and inspect fuses and holders and all oontroller oonneotions. • In hoist ,ray examine guide rails, cams, sheaves, sills,, bottom of p atform , car tops, co1.mrerweights and hoistway walls ..
• lnspeot sheaves to ensu re they are tight on shafts_ Sound spokes and rim w ith hammer for craoks.
• Examine a[I hoist ropes for wear, lubrica ·on, length and tens·on. Replaoe, I ubricate a11d adjus as required to meet code requirements. • On tape drives , ,chedk hitches and brdken tape switch. • Check car stile dhannels for bends or craoks; also car frame, cams, supports and ,car steadying plates.
• Lubricate moving parts or vertical rising ,or coDapsible car gates. Check. pivot pornts, sheaves, guides and track wear.
• Lubricate guide shoe stems.

Item 1J - Page 23
• Check governor and tape tension sheave fastenrngs.
• for bi-partrn;g doors, ,c ean chains, tradks and sheaves, lubricate as required.

Check door contacts.
• Check fasten rn.g and operation of door checks, interlocks clean and lubricate pivot points a:s requrred ..

Annua lly
• Th-oruughly d ean car and counterweight guide rails using nonflammab e o:r high flash point solvent to remove I int dust and excess lubricant. Vacuum do,,.,!Jl el,evruor shaft way.
• Remove, clean lubricate brake cores ,on brakes,, d ean frl"li111gs, if necessary and inspeot fo:r wear. Correct excess wear and adjust
• Drain, flush and refill reservoirs or each hoisting motor and motor generator. • Check and reset, if neoessary, all brushes for neutral settings, proper quartering and spacing ,on ,c,omme111tators.
• Group supervisors ,controls systems installed shall be checked out. The systems, dispatchrn;g scheduling and emerge11cy servicing shall be tested and adjusted in accordance with manufacturer's literature. The Contrac1or sha[I provide to the satisfactioo of the Agency !Representative that the system funcitions properly. All work. shall be performed during other than normal working hours with no inoonve:nience to bui drn.g oocupants. A full report covering adjustment time iJ11tervals, dispatch ti mes on various programs, door standing time a111d door qpening and olosi ng speeds shall be furnished to the agency.

R. Scope ol Seirv&ces
To ,obtain qualified oootractor(s) to perform elevator,, escalator, chairlift and p!atfom1 flft maintenanoe for UC facilities and participating agencies .. The servioes will be primarily for, but oot neoessarily limited to, UC ,ca~pus locatioos and any participating entities. Upon approval of the awarded elevator, ,escalator,, chairlift and platform lift maintenanoe cootra.ct(s),; other additional UC agenc ies may utilize services.

Referet1oes to University of California ~UC' and its participating ag,encies as users under this proposal and specifica.fon and ensuing oontraot(s) encompasses and rndudes other 11Sers such as fu,ese ,entities.

The intent of this solicitation is to request proposals from oontractors, qualify them and seleot those fim1(s) with hich to ,oontraot based on the evaluation ,criteria listed rn this IRFP. A ~ imum hourly rate and per unit rate(s} for each type of vertical transportafon equipment Vllill be established for the performance of the elevator, escalator, chairlift and platform rift in various facilities Vllithin UC. A list of all elevator equipment is attached o:n A:ttaclhment A. - Elevatoir Equi1pment List.

The soope of this solicitation and resulting contraot is to assist UC in estab ishing the maintenanoe needs of the equipment specified and assist in planning and schedulrn;g maintenanoe v.ork neoessary to maintain fu!lly operational sys.terns. AJso included is the oorrective marntena nee 'WO'.rk of d ean up and adj ustme11ts that are required on the equipment.

Emerg,ency repair rates must be included rn this proposal. Additionally,, material and equipment must be identified with 1he peroent markup on materials to be ,charged to UC for such repairs. If emerget1cy repairs or significant repairs are needed, UC alone has the option to aocomprish such repairs under this rontra.ct. This work wi II eilh,er be perf onned ,on a trme and materials ,or not-to-exoeed bases at the proposal rates rn;dicated hlerei n.

ATTACHMENT B

QUOTE / PRICING

No. of Units Type of Units Manufacturer Customer
Designation
Machine
Number
1 Gearless Otis Elevator ONLY ELV 641300
3 Hydraulic Otis Elevator ELV 1, ELV 2,
ELV 3
467897, 467898,
467018
Total Annual Maintenance $16,832.52
Total Annual Additional As-Needed Services Not to Exceed $ 5,000.00

Item 1J - Page 24

ATTACHMENT C

INSURANCE REQUIREMENTS

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

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

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

3. P rofessional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
____X____ is not required;

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

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance Item 1J - Page 25
or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage . I f Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement.

Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

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

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

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

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

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

C. " Should any of the above -described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Item 1J - Page 26
Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

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

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

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

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

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

Item 1J - Page 27

ATTACHMENT B

Item 1J - Page 28
Item 1J - Page 29
1 .

2. 3.
4 .

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

OTIS ELEVATOR COMPANY
Address of Entity (Principle Place of Business)
4949 VIEWRIDGE AVENUE
SAN DIEGO, CA 92123
Local or California Address (if different than #2)
SAME
State where Entity is Registered with Secre ,tary of State

CALIFORNIA
If other than California, is t11e Entity also reqistered in California? n Yes n No Type of Entity
[.2SI t_;oq:,orat1on LJ Limited L1ablllty t_;ompc1ny O Partnership O Trust O Other (please specify) >--
€.
>--
01ficers , Directors , Merribers , Managers , Trustees , Other Fiduciaries (please specify) Note: If any response is not a ?atural person, please identify all officers , directors , members , managers and other fid11ciaries /or the member, manager, trust or other entity JUDY MARKS - CEO 1251 Office r O Director O Member O Manager [name]
I_J General Partner O Limited Partner
[] Other

JIM CRAMER - PRESIDENT , OTIS AMERICAS
,~ --- · LJ ui, ~t;i.ur LJ ivi~111u~, [J ivl an :iger I~ Ulllt;~I [name]
[] General Partner O Limited Partner
[] Other
·-
BRIAN KEGLER - GENERA L MGR, OTIS SAN DIEGO [] Officer O Director O Member "xi Man :iger [n?m':']
[] General Partner O Limited Parl ner
[] Other -----
--

CITY OF PALM SPRINGS - PUBLI( INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE !=OR~.~

Page 1 ends

Palm Springs City CouncilOctober 27, 2022

Palm Springs City Council
October 27, 2022