Agenda packet — Palm Springs City Council, December 5, 2022 (part 1 of 11)

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF PALM SPRINGS, CALIFORNIA
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.

DECEMBER 5, 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 (Council Chamber): The City PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. 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) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

1. CONSENT CALENDAR:

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.

December 5, 2022 City Council Regular Meeting Agenda 2
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 MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of November 10, 2022.

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

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 10-15-22 AND 10-29-22 TOTALING $3,989,372.06 AND ACCOUNTS PAYABLE WARRANTS DATED 10-13-22 AND 10-27-22 TOTALING $7,982,674.16, IN THE AGGREGATE AMOUNT OF $11,972,046.22, DRAWN ON BANK OF AMERICA.”
D. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9145 WITH MOHAWK COMMERCIAL, INC., FOR SYSTEM-WIDE FLOORING AND INSTALLATION

SERVICES
RECOMMENDATION:

Approve Amendment No. 1 to Agreement A9145 with Mohawk Commercial, Inc., to provide system-wide flooring and installation services in an additional amount of $225,000 for a total revised contract amount not to exceed $300,000 and extend the term through June 14, 2025.

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

2. December 5, 2022 City Council Regular Meeting Agenda 3 E. APPROVE SERVICE AGREEMENT NO. A9294 WITH HINGEWERKS
COMMERCIAL DOORS, INC. FOR ON-CALL AUTOMATIC AND REVOLVING

DOOR MAINTENANCE SERVICES
RECOMMENDATION:

Approve Contract Services Agreement A9294 with Hingewerks Commercial Doors, Inc. to provide on-call automatic and revolving door maintenance services in an amount not to exceed $150,000 for the initial three-year term beginning December 5, 2022, through December 4, 2025, with two one-year extension options at the City’s sole discretion.

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

2. F. APPROVAL OF AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT No. A6938 WITH RICONDO & ASSOCIATES, INC. IN THE AMOUNT OF $178,716
RECOMMENDATION:

Approve Amendment No. 3 (Attachment A) to Agreement A6938 with Ricondo & Associates, Inc. in the amount of $178,716 for professional services related to Palm Springs International Airport.

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

2. G. A REQUEST BY VIA ONERA SOLEDAD, LLC FOR APPROVAL OF AN AFTER-THE-FACT ART MURAL TITLED “SOFIA’S TRANSFORMATION”

LOCATED ON THE EAST ELEVATION OF THE PERIMETER WALL AT A HOTEL, SPIRIT OF SOFIA, LOCATED AT 1491 SOUTH VIA SOLEDAD (CASE 22-001 MUR)
RECOMMENDATION:

1. Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AFTER-THE-FACT ART MURAL TITLED “SOFIA’S TRANSFORMATION” INSTALLED ON THE EAST

ELEVATION OF THE PERIMETER WALL AT A HOTEL, SPIRIT OF SOFIA, LOCATED AT 1491 SOUTH VIA SOLEDAD (CASE 22-001 MUR).

H. CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2021-22
RECOMMENDATION:

Receive and File the City’s Development Project Fee Report for Fiscal Year 2021-22.

I. A REQUEST BY MICHELLE RODRIGUEZ AND TIZIANO VANNONI, OWNERS, December 5, 2022 City Council Regular Meeting Agenda 4
I. A REQUEST BY MICHELLE RODRIGUEZ AND TIZIANO VANNONI, OWNERS,

FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1722 SOUTH PALM CANYON DRIVE, A CONTRIBUTING

STRUCTURE IN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT (APN #511-070-002), (HSPB #73 / HD-2)
RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Michelle Rodriguez and Tiziano Vannoni, and the Royal Hawaiian Estates Homeowners Association.

1. 2. Authorize the Interim City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

J. APPROVAL OF AGREEMENT NO. A9291 WITH PARK CONSULTING GROUP

FOR CONTINUED IMPLEMENTATION AND SUPPORT SERVICES RELATED TO TYLER ENERGOV IN AN AMOUNT NOT TO EXCEED $273,900
RECOMMENDATION:

In accordance with Section 7.05.030 of the Palm Springs Municipal Code, “Special Expertise Procurement”, approve Agreement No. A9291 with Park Consulting Group to provide implementation, support services and project management to complete the Tyler EnerGov Land Management System implementation for an initial amount of $249,000 with an allowance of up to 10% additional cost (not to exceed $273,900).

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

K. INTRODUCTION OF AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.60.020 AND 2.60.040 OF THE PALM SPRINGS MUNICIPAL

CODE, REGARDING DUTIES OF OFFICIALS WHO SERVE AS VOTING

MEMBERS OF CERTAIN NON-PROFIT BOARDS, A CURRENTLY RETAINED

ATTORNEY OR ACCOUNTANT FOR SUCH BOARDS, OR TRUSTEES OF

CHARITABLE TRUSTS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE”
RECOMMENDATION:

1. Waive the reading of the ordinance text in its entirety and read by title only.

Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 2.60.020 AND 2.60.040 OF THE PALM SPRINGS

MUNICIPAL CODE REGARDING DUTIES OF OFFICIALS WHO SERVE AS

VOTING MEMBERS OF CERTAIN NON-PROFIT BOARDS, A CURRENTLY

RETAINED ATTORNEY OR ACCOUNTANT FOR SUCH BOARDS, OR

TRUSTEES OF CHARITABLE TRUSTS, UNDER THE CITY OF PALM
SPRINGS PUBLIC INTEGRITY ORDINANCE.”

2. L. APPROVE UTILITY AGREEMENT AMENDMENT NO. 1 WITH SOUTHERN December 5, 2022 City Council Regular Meeting Agenda 5
L. APPROVE UTILITY AGREEMENT AMENDMENT NO. 1 WITH SOUTHERN

CALIFORNIA EDISON COMPANY FOR UTILITY RELOCATION WORK

RELATED TO INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BHLS-5282(017) RECOMMENDATION:

Approve Utility Agreement Amendment No. 1 with Southern California Edison Company, a California corporation, in the amount of $489,054.81 for Utility Relocation work related to the Indian Canyon Drive Widening & Bridge Replacement, City Project No. 01-11, Federal Aid Project No. BRLO 5282(017).

1. Authorize the Interim City Manager or designee to execute the Utility Agreement Amendment and all associated documents.

2. M. TRIBAL SALES TAX AGREEMENT BETWEEN CITY OF PALM SPRINGS AND

AGUA CALIENTE BAND OF CAHUILLA INDIANS REGARDING TRIBAL FOOD

AND BEVERAGE SALES TAX
RECOMMENDATION:

1. Approve the Tribal Sales Tax Agreement.

Authorize the Interim City Manager (or designee) to execute the Tribal Sales Tax Agreement and any other documents necessary to carry out the Agreement.

2. N. APPROVE CONTRACT SERVICES AGREEMENT NO. A9329 WITH SCI

CONSULTING GROUP FOR DISTRICT ADMINISTRATION, TAX ROLL BILLING

AND RELATED SERVICES
RECOMMENDATION:

Approve Contract Service Agreement No. A9329 with SCI Consulting Group to provide district administration, tax roll billing and related services for a five-year term in an amount not to exceed $160,805 beginning January 1, 2023, through December 31, 2027.

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

2. O. AUTHORIZE THE PURCHASE OF OFFICE SUPPLIES FROM ODP BUSINESS

SOLUTIONS
RECOMMENDATION:

In accordance with Section 7.09.010 “Cooperative Purchasing Programs,” of the Palm Springs Municipal Code, authorize the purchase of office supplies from ODP Business Solutions, pursuant to the Omnia Cooperative Contract R190303 for an amount of $300,000 for an eighteen-month period with an option to extend for five additional years as outlined on the attached Participation Agreement.

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

December 5, 2022 City Council Regular Meeting Agenda 6
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

2. PUBLIC HEARINGS:

A. REQUEST BY SELENE PALM SPRINGS, LLC, FOR AN AMENDMENT TO THE

PREVIOUSLY APPROVED FINAL DEVELOPMENT PLANS AND TENTATIVE TRACT MAP FOR THE DREAM HOTEL TO INCLUDE THE ADDITION OF 24 CONDOMINIUM UNITS TO THE SOUTHEAST SECTION OF THE SITE; RECONFIGURATION OF THE 12 CONDOMINIUM UNITS AT THE NORTHWEST AREA OF THE SITE; AND AN INCREASE IN THE NUMBER OF TOWER CONDOMINIUM UNITS FROM 28 TO 29 UNITS AND MODIFICATIONS TO THE

FINAL LANDSCAPE PLANS FOR THE DEVELOPMENT LOCATED AT THE

NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD,
ZONE PDD 333, SECTION 14. (CASE 5.1132-PD 333/TTM 35236) (ER) RECOMMENDATION:

1. Open the public hearing and receive public testimony.

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

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

APPROVING A PROPOSED AMENDMENT TO THE FINAL DEVELOPMENT

PLANS OF A PREVIOUSLY APPROVED FINAL PDD TO INCLUDE THE ADDITION OF TWENTY-FOUR RESIDENTIAL UNITS; ELIMINATING THE EVENT CENTER AT THE SOUTHEAST SECTION OF THE SITE;

RECONFIGURATION OF TWELVE CONDOMINIUM UNITS AT THE
NORTHWEST SECTION OF THE SITE; AMENDING THE RESIDENTIAL

TOWER BY ADDING ONE MORE UNIT TO INCREASE THE NUMBER OF CONDO UNITS FROM 40 UNITS TO 65 UNITS; AND MINOR

MODIFICATIONS TO THE FINAL LANDSCAPE PLANS OF THE DREAM HOTEL LOCATED AT 450 NORTH CALLE ALVARADO ROAD, ZONE PDD 333, SECTION 14.”

2. December 5, 2022 City Council Regular Meeting Agenda 7

3. BUSINESS & LEGISLATIVE:

A. APPROVE TEN-YEAR CONCESSION AGREEMENTS FOR RETAIL AND FOOD

AND BEVERAGE SERVICES AT THE PALM SPRINGS INTERNATIONAL

AIRPORT
RECOMMENDATION:

Approve the award of Concession Agreement for Retail to The Marshall Retail Group, LLC for an initial ten-year term beginning December 12, 2022, through December 11, 2032, with one, five-year extension option to be issued upon mutual consent of the City and MRG.

1. Approve the award of a Concession Agreement for Food and Beverage to Paradies Lagardére @PSP, LLC for an initial ten-year term beginning December 12, 2022, through December 11, 2032, with one, five-year extension option to be issued upon mutual consent of the City and Paradies.

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

3. B. APPROVE AMENDMENT NO. 1 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH ALOE PALM CANYON, L.P. FOR DEVELOPMENT AND CONSTRUCTION OF THE ALOE PALM CANYON PROJECT LOCATED AT 1479

NORTH PALM CANYON DRIVE (SOUTHWEST CORNER OF NORTH PALM

CANYON DRIVE AND WEST STEVENS ROAD), AND DISPOSITION OF CITY-OWNED PARCEL WITH ASSESSOR PARCEL NUMBER 505-182-010; AND APPROVE AMENDMENT NO. 1 TO THE PURCHASE AND SALE

AGREEMENT TO SELL SUCCESSOR AGENCY OWNED PROPERTY WITH
ASSESSOR PARCEL NUMBER 505-182-004 TO ALOE PALM CANYON, L.P.

FOR THE ALOE PALM CANYON PROJECT
RECOMMENDATION:

Find that the Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Senate Bill 35 and as an affordable housing project that meets criteria found in Sections 15192 and 15194 of the CEQA Guidelines.

1. Approve Amendment No. 1 to the Disposition and Development Agreement with Aloe Palm Canyon, L.P. to defer documentation for the remaining project financing until March 1, 2023, and allow the City to disburse pre-development loan funds to Aloe to pay for the Successor Agency parcel, which would allow for the transfer of City Owned parcel APN 505-182-010 by year-end.

2. Approve, Amendment No. 1 to the Purchase and Sale Agreement with Aloe Palm Canyon, L.P. to make minor changes consistent with the proposed Amendment No. 1 to the DDA and allow the sale of Successor Agency parcel APN 505-182-004 for the unchanged purchase price of $900,000 by year-end.

3. Authorize the Interim City Manager or designee to execute all necessary documents to effectuate the Amendments and to make any additional changes to the Amendments, provided that such changes do not create a net gain in risk to the City or increase the City’s financial obligation, subject to the approval of the City Attorney.

4. December 5, 2022 City Council Regular Meeting Agenda 8 C. APPROVE A RESOLUTION OF THE CITY OF PALM SPRINGS ADOPTING AN

INVENTORY REPORT OF EXCESS, EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 50569.

RECOMMENDATION:

Accept the Inventory Report of the City of Palm Springs and Successor Agency to the Palm Springs Redevelopment Agency exempt and non-exempt surplus lands, and excess lands, pursuant to Government Code § 54221, and authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code § 54230(a)(1).

D. PROPOSED ORDINANCES ADOPTING AND AMENDING THE 2022
CALIFORNIA BUILDING STANDARDS CODE (TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS), THE 2022 CALIFORNIA FIRE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA
MECHANICAL CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA EXISTING BUILDING CODE, THE 2022

CALIFORNIA HISTORICAL BUILDING CODE, AND ADOPTING AND AMENDING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE
RECOMMENDATION:

Waive the first reading of the ordinance text in its entirety and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING
ARTICLE I OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL

CODE, ADOPTING BY REFERENCE, TOGETHER WITH CERTAIN
ADDITIONS, AMENDMENTS AND DELETIONS, THE 2022 CALIFORNIA BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I, AND J; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX AH; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING CODE, INCLUDING APPENDICES A, B, D, G, H, I AND K; THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE 2022 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE 2022 CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2021

INTERNATIONAL PROPERTY MAINTENANCE CODE, INCLUDING ALL
APPENDICES;” and

1. Waive the first reading of the ordinance text in its entirety and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING
ARTICLE VI OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL

CODE, ADOPTING BY REFERENCE, TOGETHER WITH CERTAIN
ADDITIONS, AMENDMENTS AND DELETIONS, THE 2022 CALIFORNIA FIRE CODE, INCLUDING CERTAIN APPENDICES.”

2. E. REVIEW BY CITY COUNCIL OF DECISIONS OF CITY BOARDS/ December 5, 2022 City Council Regular Meeting Agenda 9
E. REVIEW BY CITY COUNCIL OF DECISIONS OF CITY BOARDS/

COMMISSIONS, AND OTHER OPTIONS FOR REVIEW AND CONSIDERATION

OF MATTERS BY CITY BOARDS AND COMMISSIONS
RECOMMENDATION:

Discuss and provide direction to City staff and City Attorney.

F. POTENTIAL CITY ACTION TO INCREASE THE DIVERSITY OF CITY BOARDS,

COMMISSIONS AND COMMITTEES
RECOMMENDATION:

Provide Staff direction on further City action to increase the diversity of City boards, commissions, and committees.

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:

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

City of Palm Springs )

I, Brent Rasi, Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on December 1, 2022, and posted on the City’s website as required by established policies and procedures.

____________________________
Brent Rasi,
Deputy City Clerk

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

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public December 5, 2022 City Council Regular Meeting Agenda 10 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.

December 5, 2022 City Council Regular Meeting Agenda 11

CITY COUNCIL STAFF REPORT
12/05/2022
SUBJECT:
3:30 P.M. CLOSED SESSION
Attachments
2022-12-05 Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS

CLOSED SESSION AGENDA
Monday, December 5, 2022 – 3:30 p.m.

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

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

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

MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION G C. § 54956.9(d)(2) Three (3) matters that, in the opinion of the City council on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City.

Claim No. 22-0903, dated April 27, 2022, filed by Law Offices of Monrow Mabon and Barry J. Bennett, on behalf of Pearl Devers, Survivors & Descendants of Section 14.

Claim No. 22-0960, dated November 29, 2022, filed by Areva Martin, Esq., Martin & Martin, LLP Pearl Devers & Section 14 Survivors and Descendants.

DISCUSSION TO CONSIDER INITIATION OF LITIGATION G. C.§ 54956.9(d)(4) Under existing facts and circumstances, there are two (2) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. § 54956.8 Property Description: 2990 E. Tahquitz Canyon Way (APN: 502-143-004) Palm Springs, CA
Agency: City of Palm Springs
City Negotiator: Teresa Gallavan, Interim City Manager
Negotiating Parties: Tahquitz Housing Associates, LP
Under Negotiation: Price and Terms of Payment for Real Property Covenants Closed Session Agenda
December 5, 2022

Page 2 ends

Property Description: Palm Springs International Airport Concession Spaces Palm Springs, CA
Agency: City of Palm Springs
City Negotiator: Harry Barrett Jr., A.A.E., Executive Director of Aviation, Teresa Gallavan, Interim City Manager, Jeffrey Ballinger, City Attorney Negotiating Parties: The Marshall Group, LLC
The Hudson Group Retail, LLC
Paradies Lagardere @ PSP, LLC
SSP America, Inc.

Under Negotiation: Price and Terms of Payment of Airport Concession Space Lease(s) PUBLIC EMPLOYEE APPOINTMENT G.C. § 54957
Title: City Manager Recruitment

CITY COUNCIL STAFF REPORT
12/05/2022 CONSENT CALENDAR
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: December 5, 2022 CONSENT CALENDAR
SUBJECT: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 FROM: Teresa Gallavan, Interim City Manager
BY: Brenda Pree, City Clerk
RECOMMENDATION:

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
City Council Staff Report
November 10, 2022 -- Page 2
Virtual Meetings Under AB 361
As such, City Staff and the City Attorney recommend that the City Council make these findings, including at every Council meeting, in order to meet the “every 30 days” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.

FISCAL IMPACT:

There 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
12/05/2022
SUBJECT:

APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of November 10, 2022.

Attachments
Item 1B
Thursday, November 10, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 this meeting was conducted in part by teleconference.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Thursday, November 10, 2022, at 5:37 p.m.

PLEDGE OF ALLEGIANCE:

Boyscout Troop 262 led the Pledge of Allegiance.

ROLL CALL:

Present: Councilmembers Geoff Kors, Dennis Woods; Mayor Pro Tem Grace Elena Garner; and Mayor Lisa Middleton

Absent: Councilmember Christy Holstege
City Staff

Present: Teresa Gallavan, Interim City Manager, Jeremy Hammond, Deputy City Manager; Jeffrey Ballinger, City Attorney; Brenda Pree, City Clerk and Monique Lomeli, Chief Deputy City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:

Interim City Manager Gallavan announced David McAbee as the new Director of Public works.

ACCEPTANCE OF THE AGENDA:

By consensus, the City Council agreed to accept the agenda with Consent Item Nos. 1N and 1O removed for separate discussion.

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of November 10, 2022, was called to order by Mayor Middleton at 3:30 p.m., with four members present (Holstege absent).

The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda with no reportable action:

CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Item 1B - Page 1
City Council Minutes November 10, 2022
City of Palm Springs Page 2

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Three (3) matters that, in the opinion of the City council on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City.

Claim No. 22-0903, dated April 27, 2022, filed by Law Offices of Monrow Mabon and Barry J. Bennett, on behalf of Pearl Devers, Survivors & Descendants of Section 14.

CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Under existing facts and circumstances, there are two (2) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8
Property Description: 2990 E. Tahquitz Canyon Way (APN: 502-143-004) Palm Springs, CA
Agency: City of Palm Springs
City Negotiator: Teresa Gallavan, Interim City Manager
Negotiating Parties: Tahquitz Housing Associates, LP
Under Negotiation: Price and Terms of Payment for Real Property Covenants PUBLIC COMMENT:

Hank Plante
Jim Gazan
Chad Engelking
Paul Kowal
Michael Joseph Pitkin
Nicholas Churchian
Jim Franklin
Brian Yaklich
Gerald Katen
David Rios
Frank Hundley
Mark Hewitt
Josh Moran
Jim Wilkinson
Jared Scherer
Brent Deim
Ron Willison
Stacey Monfore
Ryan Fischer
Roger Crouthamel
Bruce Hoban
Item 1B - Page 2
City Council Minutes November 10, 2022
City of Palm Springs Page 3

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES John Geranios
Davis Meyer
Heather Lyon
JP Calderon
Shon Tomlin
Oscar Flink
Julian Heaney
Kevin Dickerson
Imad Haifa
Drew Fenton
Keith Ruoff
Patrick Jordan
Keith Malkovitz
David Feltman
Linda Boggs
Chris Bale
Kim Orellana
Shannon Metcalf
Lynn Ballantyne
Robert Meixner
Leo Lucas
Ginny Hahn
Charles Elliott
Chester Pay
Ruth Gray
Warren Graw
Brian Sullivan
Jeff Okyle
Justin Lenzi
Patrick Canonae
Megan Rodriguez
Patrick Weiss
Puya Ghandian
Eric Mann
Robert Cole
Steven Alexander
Timothy Hadorn
Michael Horne
Thomas McGlone
David Gallo
Abe Chami
Marcus Davis
Laura Dansbury
Josh Levine
Rick Ingram
Michael Muellerleile
Eric Redder
Item 1B - Page 3
City Council Minutes November 10, 2022
City of Palm Springs Page 4

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Leah Tremblah
Olga Mizrahi
Dan Aharon
Edward Bobbett
Dawn Radue
Pearl Fang
Luis Martinez
Martin Atencio
Mary Lou Aranguren
Robert Aronoff
Richie Hollien
Donna Manansala
Rosanna Rocker
Gerard Moylan
Bertha Alarcon
Danielle McDonald
Alan Billingsley
Lucy Jaric
Jonathan Deason
Andrew Rudman
Blaine Spady
Moira Romano
Tara Dubbs
Hardy Moat
Francine McDougall
Michael Bornstein
Ginny Foat
Del Quinn
Karine Ghanimian
Scott Howlett
Jordan Hawley
Bram Heidinger
Michael Lowder
Darrell Gonzalez
Desiree Sherod
Heather Carson
Alan Chan
Michael Stroz
Tom Emrich

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 4-0, to approve the consent calendar with the removal of Item Nos. 1N and 1O.

Item 1B - Page 4
City Council Minutes November 10, 2022
City of Palm Springs Page 5

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to 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 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

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to adopt Resolution No. 25065 entitled, " A RESOLUTION

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

APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 10-01-22 TOTALING $1,993,541.30 AND ACCOUNTS PAYABLE WARRANTS DATED 09-29-22 TOTALING $5,070,070.34, IN THE AGGREGATE AMOUNT OF $7,063,611.64, DRAWN ON BANK OF AMERICA."
C. APPROVE AGREEMENT A9226 WITH AUDIO ASSOCIATES FOR AIRPORT

PAGING SYSTEM EXPANSION

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 4-0, to approve Agreement A9226 with Audio Associates in the amount of $14,410 to expand the paging system at Palm Springs International Airport.

D. APPROVE SERVICE AGREEMENT NO. A9265 WITH SOUTHERN CALIFORNIA FLEET SERVICES, INC. FOR FIRE APPARATUS AND HEAVY EQUIPMENT

MAINTENANCE AND REPAIR SERVICES

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 4-0, to:

1. Approve Contract Service Agreement A9265 with Southern California Fleet Services, Inc., to provide fire apparatus and heavy equipment maintenance and repair services in an amount not to exceed $900,000 for the initial three-year term beginning November 15, 2022 through November 14, 2025, with two one-year extension options at the City’s sole discretion.

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

E. APPROVE A THREE-YEAR AGREEMENT WITH VERDE FACILITIES SERVICES LLC (A9232) FOR JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to:

1. Approve Contract Service Agreement A9232 with Verde Facilities Services LLC to provide janitorial services for various City facilities for a three-year term in an amount not Item 1B - Page 5
City Council Minutes November 10, 2022
City of Palm Springs Page 6

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES to exceed $2,236,428, beginning December 12, 2022, through December 11, 2025, with two one-year extension options at the City’s sole discretion.

2. Authorize additional/ optional janitorial services in accordance with the fixed pricing identified in Schedule II – Options Pricing Sheet for an amount not to exceed $25,000 annually during the term of the Agreement.

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

F. APPROVE A ONE-YEAR AGREEMENT WITH MANSFIELD POWER AND GAS, LLC (A9254) FOR THE PURCHASE OF NATURAL GAS FOR COGENERATION PLANT AND APPROPRIATE $467,500 FROM GENERAL FUND

BALANCE

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to:

1. Approve Contract Service Agreement A9254 with Mansfield Power and Gas, LLC to provide natural gas for a one-year term in an estimated amount of $603,000.70 subject to usage adjustments beginning January 1, 2023, through December 31, 2023.

2. Authorize the City Manager to enter into future annual purchase agreements for natural gas from the wholesale commodity market for an amount not to exceed what is budgeted and approved in the Energy Fund annually for natural gas.

3. Appropriate $467,500 from General Fund Balance to the Energy Fund for this purchase.

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

G. APPROVE PURCHASE OF DOCUSIGN ENTERPRISE PRO FROM

CARAHSOFT TECHNOLOGY CORPORATION FOR A THREE-YEAR PERIOD

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to

1. In accordance with Section 7.09.010 “Cooperative Purchasing Programs,” of the Palm Springs Municipal Code, authorize the purchase of DocuSign, an electronic signature program, from Carahsoft Technology Corporation, pursuant to the California Multiple Award Schedule (CMAS) Contract 3-12-70-2247E for an amount of $61,660.50 for a three-year period.

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

H. GENERAL FUND FISCAL YEAR 2022-23 FINANCIAL REPORT FOR FIRST QUARTER ENDING SEPTEMBER 30, 2022

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to receive and file the General Fund Fiscal Year 2022-23 Financial Report.

I. APPROVE APPROPRIATION OF $170,000 FROM GENERAL FUND BALANCE

TO THE HUMAN RESOURCES DEPARTMENT FOR RECRUITMENT

SERVICES
Item 1B - Page 6
City Council Minutes November 10, 2022
City of Palm Springs Page 7

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to approve an appropriation of $170,000 from General Fund Balance to the Human Resources Department for Recruitment Services.

Item 1B - Page 7
City Council Minutes November 10, 2022
City of Palm Springs Page 8

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES J. APPROVE AN AGREEMENT WITH LIEBERT CASSIDY WHITMORE TO

PROVIDE EMPLOYMENT AND LABOR RELATIONS LEGAL SERVICES

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, approve an Agreement for Special Services with Liebert Cassidy Whitmore to provide consulting, representational, and legal services pertaining to employment relations matters.

K. APPROVE AGREEMENT A9255 WITH LEXIPOL TO PERFORM ANNUAL

POLICY MANUAL UPDATES FOR THREE YEARS FOR THE PALM SPRINGS

POLICE DEPARTMENT

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to approve Agreement A9255 with Lexipol to provide three years of annual policy manual updates for a total cost of $49,394.

L. APPROVAL OF A LICENSE AGREEMENT WITH THE RIVERSIDE COUNTY

FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE
RAMON ROAD WIDENING (FROM SAN LUIS REY DR. TO LANDAU BLVD.)

INCLUDING THE WHITEWATER RIVER BRIDGE WIDENING, CITY
PROJECT NO. 08-25, FEDERAL-AID PROJECT NO. BHLS-5282 (040)

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to:

1. Approve a License Agreement with Riverside County Flood Control and Water Conservation District for the construction of the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, City Project No. 08-25, Federal-Aid Project No. BHLS-5282 (040).

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

M. APPROVE AGREEMENT A9257 WITH VITAC TO PROVIDE CLOSED

CAPTIONING SERVICES FOR ONE YEAR

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to approve Agreement A9257 with VITAC to provide continued closed captioning services for an amount not to exceed $24,000 for one year.

N. APPROVE PURCHASE OF THE POPSICLES ARTWORK BY JOHN CERNY LOCATED AT 605 E. SUNNY DUNES ROAD IN THE AMOUNT OF $14,000

WITH PUBLIC ARTS FUNDS

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 3-1 (WOODS VOTING NO), to:

1. Approve purchase of the Popsicles Artwork by John Cerny in the amount of $14,000 with Public Arts Funds.

Item 1B - Page 8
City Council Minutes November 10, 2022
City of Palm Springs Page 9

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

2. Authorize the purchase of the Artwork subject to review and approval of a purchase and sale agreement in a form acceptable to the City Attorney.

O. APPROVE PURCHASE, REPAIR, RELOCATION, AND INSTALLATION COSTS IN THE AMOUNT OF $6,550 FOR THE “WOW” SCULPTURE BY ARTIST

MICHAEL BIRNBERG (AKA MIDABI) FOR PLACEMENT AT THE

NORTHWEST CORNER OF NORTH PALM CANYON DRIVE AND VIA LOLA

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0, to:

1. Approve funding in the amount of $6,550 of Public Art Funds for purchase, repair, and relocation costs of the “WOW” sculpture.

2. Approve placement of the “WOW” sculpture at the northwest corner of Palm Canyon Drive and Via Lola.

3. Authorize the purchase of the Artwork, subject to review and approval of a purchase and sale agreement in a form acceptable to the City Attorney.

2. PUBLIC HEARINGS:

A. A REQUEST BY THE CITY OF PALM SPRINGS FOR A GENERAL PLAN

AMENDMENT AND A ZONING TEXT AMENDMENT TO MODIFY

RESIDENTIAL DENSITY STANDARDS FOR THE CBD LAND USE

DESIGNATION AND TO REVISE LEGAL NON-CONFORMING CRITERIA

TO ALLOW CONVERSION OF CERTAIN HOTEL USES TO
MULTIFAMILY RESIDENTIAL APARTMENT USES (CASE NO. 5.1549 GPA & 5.1539 ZTA)

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0, to:

1. Open the Public Hearing and receive public testimony.

2. Close the public hearing, introduce by title only and waive further reading of Ordinance No. 2074 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1539

ZTA, ZONE TEXT AMENDMENT, TO AMEND THE PALM SPRINGS
ZONING CODE BY ADDING SECTION 94.05.085 TO REVISE LEGAL NONCONFORMING CRITERIA TO ALLOW FOR CERTAIN HOTEL TO APARTMENT CONVERSIONS WITH A CONDITIONAL USE PERMIT.” 3) Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1549

GPA, GENERAL PLAN AMENDMENT, TO AMEND THE PALM SPRINGS
2007 GENERAL PLAN LAND USE ELEMENT TO MODIFY THE CENTRAL

BUSINESS DISTRICT (CBD) LAND USE DESIGNATION MINIMUM

RESIDENTIAL DENSITY STANDARDS AND LEGAL NON-CONFORMING
Item 1B - Page 9
City Council Minutes November 10, 2022
City of Palm Springs Page 10

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

CRITERIA TO ALLOW FOR CONVERSIONS OF CERTAIN HOTEL USES TO MULTI-FAMILY RESIDENTIAL USES.”

3. BUSINESS & LEGISLATIVE:

A. DISCUSSION AND INTRODUCTION OF AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS; AND

POTENTIAL ACTION REGARDING THE EXISTING MORATORIUM ON THE

PROCESSING AND ISSUANCE OF VACATION RENTAL CERTIFICATES

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0 to:

1. Waive the reading of text in its entirety, read by title only, and introduce for first reading Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS."

2. Provide direction regarding further Vacation Rental regulations.

B. A REQUEST BY GLA DESIGN GROUP ON BEHALF SPS MANUF. LLC FOR AN

ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE

MINIMUM SEPARATION DISTANCE REQUIREMENT FOR A CANNABIS
DISPENSARY/LOUNGE AT 823 SOUTH WILLIAMS ROAD (CASE 7.1660 AMM)

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR MIDDLETON, CARRIED 4-0, to adopt Resolution No. 25066 entitled, “Adopt a Resolution entitled, “A

RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN

ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (CALI DISPENSARY) PROPOSED AT 823 SOUTH WILLIAMS ROAD FROM AN EXISTING CANNABIS LOUNGE (CASE 7.1660 AMM).”
C. A REQUEST BY TPE ENTERPRISES, LLC FOR AN ADMINISTRATIVE MINOR

MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION

DISTANCE REQUIREMENTS FOR A CANNABIS DISPENSARY AT
1233 SOUTH GENE AUTRY TRAIL (CASE 7.1661 AMM)

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR MIDDLETON, CARRIED 4-0, to adopt Resolution No. 25067 entitled, “A RESOLUTION OF THE CITY

OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR

MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (TPE ENTERPRISES, LLC) PROPOSED AT 1233 SOUTH GENE AUTRY TRAIL FROM TWO EXISTING CANNABIS DISPENSARIES (CASE 7.1661 AMM).”
Item 1B - Page 10
City Council Minutes November 10, 2022
City of Palm Springs Page 11

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES D. DISCUSSION ON DISPOSITION OF DESERT HIGHLAND GATEWAY ESTATE

SINGLE-FAMILY RESIDENTIAL LOTS
By consensus, the City Council continued this item to a date uncertain.

E. PROPOSED UPDATE OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5.77

PERTAINING TO ADULT-ORIENTED BUSINESSES AND REPEAL OF
CHAPTER 11.10 PERTAINING TO PUBLIC NUDITY
By consensus, the City Council continued this item to a date uncertain.

PUBLIC COMMENT:

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA

DEVELOPMENT
Interim City Manager Gallavan and the City Council discussed the tentative upcoming meeting schedule and agenda items.

ADJOURNMENT:

The City Council adjourned on Friday, November 11, 2022, at 12:12 a.m.

Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: __/__/2022
Item 1B - Page 11

CITY COUNCIL STAFF REPORT
12/05/2022
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 10-15-22 AND 10-29-22 TOTALING $3,989,372.06 AND ACCOUNTS PAYABLE WARRANTS DATED 10-13-22 AND 10-27-22 TOTALING $7,982,674.16, IN THE AGGREGATE AMOUNT OF $11,972,046.22, DRAWN ON BANK OF AMERICA.”
Attachments
Item 1C
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF

PAYROLL WARRANTS/ DISBURSEMENTS FOR THE
PERIOD ENDING 10-15-22 AND 10-29-22 TOTALING
$3,989,372.06 AND ACCOUNTS PAYABLE WARRANTS
DATED 10-13-22 AND 10-27-22 TOTALING $7,982,674.16,
IN THE AGGREGATE AMOUNT OF $11,972,046.22,
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 5TH DAY OF DECEMBER, 2022.

TERESA GALLAVAN

INTERIM CITY MANAGER
ATTEST:

BRENDA PREE

CITY CLERK
Item 1C - Page 1

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE

CITY CLERK
Item 1C - 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
PAY DATE 10/21/2022
December 5, 2022
PAYROLL PERIOD ENDING 10/15/2022
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 422151-422166 28,583.36
DEFERRED COMP: ICMA 457 38,560.46
LIABILITY CHECK REGISTER 2006791-2006803 25,319.10
PAYROLL DIRECT DEPOSITS 1,417,474.73
FEDERAL TAXES 288,299.40
STATE TAXES 95,585.61
10,344.72
VENDOR WIRE PYMTS 4,114.07
DEFERRED COMP: NATIONWIDE 26,830.63
ICMA RHS CONTRIBUTION 19,512.50
CA DCCS 2,670.04
TOTAL 1,957,294.62
Payroll Wires and Warrants Memo for Council 2022.xlsx | 120522 |11/21/2022 | 11:28 AM (AM) Item 1C - Page 3
1 | 1

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

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
PAY DATE 11/4/2022
December 5, 2022
PAYROLL PERIOD ENDING 10/29/2022
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 422167-422177 18,799.43
DEFERRED COMP: ICMA 457 38,435.46
LIABILITY CHECK REGISTER 2006979-2006991 25,333.69
PAYROLL DIRECT DEPOSITS 1,479,489.25
FEDERAL TAXES 304,343.67
STATE TAXES 102,118.78
10,424.31
VENDOR WIRE PYMTS 4,169.68
DEFERRED COMP: NATIONWIDE 26,430.63
ICMA RHS CONTRIBUTION 19,862.50
CA DCCS 2,670.04
TOTAL 2,032,077.44
Payroll Wires and Warrants Memo for Council 2022.xlsx | 120522 (2) |11/21/2022 | 11:28 AM (AM) Item 1C - Page 4
1 | 1
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 10/13/2022 15:51
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 2006590 10/13/2022 PRINTED 100024 ACE PRINTING 125.64
2006591 10/13/2022 PRINTED 101028 AEG BUREAU OF TOURISM 192,120.25 2006592 10/13/2022 PRINTED 101028 AEG BUREAU OF TOURISM 111,923.92 2006593 10/13/2022 PRINTED 101028 AEG BUREAU OF TOURISM 1,654.05 2006594 10/13/2022 PRINTED 101028 AEG BUREAU OF TOURISM 37,026.40 2006595 10/13/2022 PRINTED 100403 AETNA 18,930.26
2006596 10/13/2022 PRINTED 100053 ALLIED REFRIGERATION INC 2,428.02 2006597 10/13/2022 PRINTED 100912 ALPHA MEDIA LLC 2,528.00 2006598 10/13/2022 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 1,209.20 2006599 10/13/2022 PRINTED 100755 ALTA LANGUAGE SERVICES IN 68.00 2006600 10/13/2022 PRINTED 100572 AMAZON COM 224.60
2006601 10/13/2022 PRINTED 103781 AMAZON.COM SALES INC 1,929.74 2006602 10/13/2022 PRINTED 100383 AMERICAN FORENSIC NURSES 2,382.23 2006603 10/13/2022 PRINTED 011090 GUSTAVO ARAIZA 54.18
2006604 10/13/2022 PRINTED 011090 GUSTAVO ARAIZA 1,680.00 2006605 10/13/2022 PRINTED 101698 ATLANTIC PALM SPRINGS 500.00 2006606 10/13/2022 PRINTED 101410 ATWORK PERSONNEL SERVICES 889.20 2006607 10/13/2022 PRINTED 103679 AVIDEX INDUSTRIES LLC 70,217.50 2006608 10/13/2022 PRINTED 103875 BINGHAM CONSTRUCTION CO I 1,818.00 2006609 10/13/2022 PRINTED 100366 BIO TOX LABORATORIES 1,220.00 2006610 10/13/2022 PRINTED 015789 LAUREN BIXLER 75.00
2006611 10/13/2022 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 526,051.80 2006612 10/13/2022 PRINTED 101331 BRUCE BOWER INVESTIGATION 1,265.00 2006613 10/13/2022 PRINTED 100234 BURRTEC ENVIRONMENTAL 5,339.56 2006614 10/13/2022 PRINTED 100623 CA BUILDING STANDARDS COM 2,339.00 2006615 10/13/2022 PRINTED 100347 CALIFORNIA BUILDING OFFIC 1,950.00 2006616 10/13/2022 PRINTED 100112 CDW GOVERNMENT INC 794.77 2006617 10/13/2022 PRINTED 100353 CHARTER COMMUNICATIONS 182.06 2006618 10/13/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2006619 10/13/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2006620 10/13/2022 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2006621 10/13/2022 PRINTED 100353 CHARTER COMMUNICATIONS 209.97 2006622 10/13/2022 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2006623 10/13/2022 PRINTED 100353 CHARTER COMMUNICATIONS 19.99 2006624 10/13/2022 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2006625 10/13/2022 PRINTED 100353 CHARTER COMMUNICATIONS 107.98 2006626 10/13/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2006627 10/13/2022 PRINTED 100558 CINTAS CORPORATION 209.59 2006628 10/13/2022 PRINTED 100100 CITY CLERKS ASSOCIATION O 600.00 2006629 10/13/2022 PRINTED 100573 CLEAN ENERGY FUELS 2,895.67 2006630 10/13/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 65,926.27 2006631 10/13/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 100,000.00 2006632 10/13/2022 PRINTED 100387 COACHELLA VALLEY ECONOMIC 50,000.00 2006633 10/13/2022 PRINTED 101744 COMPRESSED AIR SPECIALTIE 2,629.74 2006634 10/13/2022 PRINTED 101238 CONSERVE LANDCARE LLC 97,703.07 2006635 10/13/2022 PRINTED 101598 CORODATA RECORDS MANAGEME 118.54 2006636 10/13/2022 PRINTED 100205 NANCY K BOHL INC 3,000.00 2006637 10/13/2022 PRINTED 100659 COUNTY OF RIVERSIDE 25,483.61 2006638 10/13/2022 PRINTED 100007 CPS HUMAN RESOURCE SERVIC 305.00 2006639 10/13/2022 PRINTED 100490 CVCC 20,087.10
2006640 10/13/2022 PRINTED 100115 DANIELS TIRE SERVICE INC 2,491.33 2006641 10/13/2022 PRINTED 100179 DAVES TOWING SERVICE 532.00 .. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
Item 1C - Page 5
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 10/13/2022 15:51
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 2006642 10/13/2022 PRINTED 101281 DELTA DENTAL HMO 1,837.21 2006643 10/13/2022 PRINTED 101282 DELTA DENTAL PPO 20,482.09 2006644 10/13/2022 PRINTED 100091 DEPARTMENT OF CONSERVATIO 7,709.18 2006645 10/13/2022 PRINTED 101387 DESTINY SOFTWARE 7,280.00 2006646 10/13/2022 PRINTED 100609 DIRECTV 11.73
2006647 10/13/2022 PRINTED 100609 DIRECTV 43.99
2006648 10/13/2022 PRINTED 100676 DIVISION OF THE STATE ARC 518.40 2006649 10/13/2022 PRINTED 100254 DOKKEN ENGINEERING 15,174.00 2006650 10/13/2022 PRINTED 101663 DTPS A-14 LLC 5,796.38 2006651 10/13/2022 PRINTED 100294 DUDEK 5,418.00
2006652 10/13/2022 PRINTED 101179 MARIANA DUSPIVA 876.00 2006653 10/13/2022 PRINTED 100054 DESERT WATER AGENCY 21,253.09 2006654 10/13/2022 PRINTED 100054 DESERT WATER AGENCY 56,672.02 2006655 10/13/2022 PRINTED 100054 DESERT WATER AGENCY 554.59 2006656 10/13/2022 PRINTED 100054 DESERT WATER AGENCY 28,539.35 2006657 10/13/2022 PRINTED 100305 EISENHOWER MEDICAL CENTER 2,000.00 2006658 10/13/2022 PRINTED 100701 EISENHOWER MEDICAL CENTER 3,895.00 2006659 10/13/2022 PRINTED 103829 EMERGENCY RESILIENCE LLC 3,161.61 2006660 10/13/2022 PRINTED 100226 ENTERPRISE RENT A CAR 7,915.54 2006661 10/13/2022 PRINTED 101828 EVERBRIDGE INC 16,904.94 2006662 10/13/2022 PRINTED 100376 EXPERIAN 77.00
2006663 10/13/2022 PRINTED 100081 FEDERAL EXPRESS CORPORATI 116.76 2006664 10/13/2022 PRINTED 104050 KENNY FELSHER 19,352.51 2006665 10/13/2022 PRINTED 103549 FERRELLGAS LP 5,178.45 2006666 10/13/2022 PRINTED 101029 FIRE RECOVERY USA LLC 227.00 2006667 10/13/2022 PRINTED 010958 SHAWN FLINN 1,144.00
2006668 10/13/2022 PRINTED 100395 FRIENDS OF THE PALM SPRIN 941.26 2006669 10/13/2022 PRINTED 100480 FRIENDS OF THE PS ANIMAL 92,950.17 2006670 10/13/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,133.60 2006671 10/13/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,646.43 2006672 10/13/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 12,276.08 2006673 10/13/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 69.65 2006674 10/13/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 144.99 2006675 10/13/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,499.99 2006676 10/13/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 64.91 2006677 10/13/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2006678 10/13/2022 PRINTED 100174 G/M BUSINESS INTERIORS 2,033.87 2006679 10/13/2022 PRINTED 100158 GALLS LLC 855.82
2006680 10/13/2022 PRINTED 100536 GLS US A/R 44.90
2006681 10/13/2022 PRINTED 101514 GRAFFITI PROTECTIVE COATI 7,803.64 2006682 10/13/2022 PRINTED 100956 GRAPHTEK HOSTING LLC 600.00 2006683 10/13/2022 PRINTED 100681 GREATER PALM SPRINGS PRID 1,800.00 2006684 10/13/2022 PRINTED 103998 JANE M GUY 336.00
2006685 10/13/2022 PRINTED 104044 HAMPTON INN AND SUITES PA 1,109.22 2006686 10/13/2022 PRINTED 101679 IMAGE ACCESS INC 1,060.00 2006687 10/13/2022 PRINTED 103681 IMPRENTA COMMUNICATIONS G 8,870.00 2006688 10/13/2022 PRINTED 100483 INFOSAT 228.30
2006689 10/13/2022 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 3,667.00 2006690 10/13/2022 PRINTED 100119 INTERACTIVE DESIGN CORPOR 680.50 2006691 10/13/2022 PRINTED 100107 INTERNATIONAL INSTSTITUTE 140.00 2006692 10/13/2022 PRINTED 015477 JUAN JIMENEZ 1,144.00 2006693 10/13/2022 PRINTED 101700 JNS NEXT 6,254.51
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
Item 1C - Page 6
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 10/13/2022 15:51
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 2006694 10/13/2022 PRINTED 103525 KGAY PSP CORPORATION 510.00 2006695 10/13/2022 PRINTED 016008 NORIKO KIKUCHI 495.00 2006696 10/13/2022 PRINTED 101785 KRONOS 37,665.54
2006697 10/13/2022 PRINTED 015430 LEMBIT KULBIN 1,144.00 2006698 10/13/2022 PRINTED 101475 LA PRENSA HISPANA INC 3,675.00 2006699 10/13/2022 PRINTED 104017 LEARN DESIGN APPLY INC 5,000.00 2006700 10/13/2022 PRINTED 100849 MANSFIELD POWER AND GAS L 99,717.89 2006701 10/13/2022 PRINTED 101612 MARVINS AUTO PAINT INC. 6,704.90 2006702 10/13/2022 PRINTED 015156 CHARLES MENLEY 1,144.00 2006703 10/13/2022 PRINTED 101798 MIDWEST TAPE INC 737.07 2006704 10/13/2022 PRINTED 016175 CHERIE MILLER 875.00
2006705 10/13/2022 PRINTED 016343 ANTHONY MIRANDA 570.00 2006706 10/13/2022 PRINTED 100079 MOHICA TOWING 850.00
2006707 10/13/2022 PRINTED 101855 MOTOWORX GARAGE 1,121.50 2006708 10/13/2022 PRINTED 101801 MUNICIPAL EMERGENCY SERVI 14,581.50 2006709 10/13/2022 PRINTED 101211 NAI CONSULTING 10,867.50 2006710 10/13/2022 PRINTED 103688 NATIONAL PUBLIC SAFETY GR 9,375.00 2006711 10/13/2022 PRINTED 100040 NBS 6,218.26
2006712 10/13/2022 PRINTED 100417 NI GOVERNMENT SERVICES IN 283.88 2006713 10/13/2022 PRINTED 103900 ODP BUSINESS SOLUTIONS 8,930.33 2006714 10/13/2022 PRINTED 100282 PACIFIC PRODUCTS AND SERV 3,449.28 2006715 10/13/2022 PRINTED 100569 PALM SPRINGS CHAMBER OF C 3,333.33 2006716 10/13/2022 PRINTED 100003 PALM SPRINGS DISPOSAL SER 218.56 2006717 10/13/2022 PRINTED 100082 PALM SPRINGS MIRROR AND G 10,807.00 2006718 10/13/2022 PRINTED 100133 PALM SPRINGS MOTORS 60.13 2006719 10/13/2022 PRINTED 015226 ANTHONY PILUTIK 1,144.00 2006720 10/13/2022 PRINTED 101434 PLACEWORKS 30,544.78
2006721 10/13/2022 PRINTED 101767 PROFORMA SOCAL 763.37 2006722 10/13/2022 PRINTED 100596 PROPER SOLUTIONS INC 36,145.69 2006723 10/13/2022 PRINTED 100654 PS RESORTS 54,450.00
2006724 10/13/2022 PRINTED 100762 QUADIENT INC. 902.06
2006725 10/13/2022 PRINTED 100323 QUADIENT LEASING USA INC 1,608.44 2006726 10/13/2022 PRINTED 100306 QUALITY CODE PUBLISHING 4,715.85 2006727 10/13/2022 PRINTED 103910 QUEER WORKS 511,000.00 2006728 10/13/2022 PRINTED 101352 R & R JANITORIAL SERVICE 139,843.55 2006729 10/13/2022 PRINTED 101739 REFRIGERATION SUPPLIES DI 4,118.07 2006730 10/13/2022 PRINTED 100453 RIVERSIDE COUNTY SHERIFF 1,236.00 2006731 10/13/2022 PRINTED 103769 RS CONSTRUCTION & DEVELOP 4,795.56 2006732 10/13/2022 PRINTED 100563 SBCSD SAN BERNARDINO 1,146.00 2006733 10/13/2022 PRINTED 101542 SC COMMERCIAL 16,737.92 2006734 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 225,814.37 2006735 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,269.25 2006736 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 6,506.07 2006737 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 32,489.46 2006738 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,368.81 2006739 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 38.89 2006740 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 702.35 2006741 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 77.01 2006742 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 88.11 2006743 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 108.68 2006744 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 138,572.19 2006745 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 7,354.56 .. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
Item 1C - Page 7
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 10/13/2022 15:51
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 2006746 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 51,401.99 2006747 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 23.19 2006748 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,915.32 2006749 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 17.36 2006750 10/13/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 274.45 2006751 10/13/2022 PRINTED 100546 SHADE STRUCTURES INC 50,620.07 2006752 10/13/2022 PRINTED 100010 SMOKE TREE STABLES 840.00 2006753 10/13/2022 PRINTED 101677 SOCAL PPE LLC 682.81
2006754 10/13/2022 PRINTED 101852 SOLARCITY CORP 9,689.49 2006755 10/13/2022 PRINTED 100080 SOUTH WEST TOWING INC 85.00 2006756 10/13/2022 PRINTED 100080 SOUTH WEST TOWING INC 85.00 2006757 10/13/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 11,887.54 2006758 10/13/2022 PRINTED 103878 SOLOMON N NIMAKO 1,650.00 2006759 10/13/2022 PRINTED 100120 SPOK INC 46.87
2006760 10/13/2022 PRINTED 101356 ST FRANCIS ELECTRIC LLC 15,929.60 2006761 10/13/2022 PRINTED 100907 STEVE BECK 749.00
2006762 10/13/2022 PRINTED 101867 SWAGIT PRODUCTIONS LLC 6,135.00 2006763 10/13/2022 PRINTED 103782 T-MOBILE USA INC 100.00 2006764 10/13/2022 PRINTED 015151 HEATHER TOPLIFF 110.54 2006765 10/13/2022 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 5,750.00 2006766 10/13/2022 PRINTED 101391 TRANSUNION RISK AND ALTER 381.00 2006767 10/13/2022 PRINTED 100386 U S CUSTOMS SERVICE 1,533.43 2006768 10/13/2022 PRINTED 100114 UNITED RENTALS NA INC 12,350.84 2006769 10/13/2022 PRINTED 100384 US BANK 7,200.00
2006770 10/13/2022 PRINTED 100295 US BANK CORPORATE PAYMENT 150,051.03 2006771 10/13/2022 PRINTED 100066 VALLEY MAIL DELIVERY 3,420.82 2006772 10/13/2022 PRINTED 100129 VCA ANIMAL HOSPITALS INC 196.68 2006773 10/13/2022 PRINTED 100621 VERIZON BUSINESS 532.74 2006774 10/13/2022 PRINTED 100144 VERIZON WIRELESS 1,288.63 2006775 10/13/2022 PRINTED 100144 VERIZON WIRELESS 4,436.74 2006776 10/13/2022 PRINTED 100144 VERIZON WIRELESS 3,137.70 2006777 10/13/2022 PRINTED 100144 VERIZON WIRELESS 38.05 2006778 10/13/2022 PRINTED 100144 VERIZON WIRELESS 2,613.50 2006779 10/13/2022 PRINTED 100144 VERIZON WIRELESS 2,029.27 2006780 10/13/2022 PRINTED 100144 VERIZON WIRELESS 9,274.83 2006781 10/13/2022 PRINTED 100050 VISION SERVICE PLAN 107.36 2006782 10/13/2022 PRINTED 100121 VISIT GREATER PALM SPRING 206,712.21 2006783 10/13/2022 PRINTED 100121 VISIT GREATER PALM SPRING 65,375.45 2006784 10/13/2022 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 4,092.26 2006785 10/13/2022 PRINTED 101277 VOHNE LICHE KENNELS INC 6,000.00 2006786 10/13/2022 PRINTED 016439 TAMARA WADKINS 1,680.00 2006787 10/13/2022 PRINTED 101220 WATERLINE TECHNOLOGIES 1,761.11 2006788 10/13/2022 PRINTED 100156 WAXIE SANITARY SUPPLY 1,237.57 2006789 10/13/2022 PRINTED 101311 XEROX FINANCIAL SERVICES 2,970.50 2006790 10/13/2022 PRINTED 100908 YAMADA SPA MANAGEMENT INC 339.00 201 CHECKS CASH ACCOUNT TOTAL 3,847,050.90 .00
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
Item 1C - Page 8
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 10/13/2022 15:51
User: PatrickW
Program ID: apchkrcn

Page 5 ends

UNCLEARED CLEARED
201 CHECKS FINAL TOTAL 3,847,050.90 .00
** END OF REPORT - Generated by Patrick Wynhoff **
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
Item 1C - Page 9
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 10/27/2022 14:46
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 2006804 10/27/2022 PRINTED 103830 A PLUS ROOFING & CONSTRUC 38,475.00 2006805 10/27/2022 PRINTED 101208 ABM AVIATION INC 77,563.27 2006806 10/27/2022 PRINTED 101263 ACTION PARK ALLIANCE 37,500.00 2006807 10/27/2022 PRINTED 100292 ADMINSURE INC 80,748.00 2006808 10/27/2022 PRINTED 101254 AIR EXCHANGE INC 946.98 2006809 10/27/2022 PRINTED 100349 AIRPORTS COUNCIL INTERNAT 20,644.00 2006810 10/27/2022 PRINTED 103800 AJ FISTES CORPORATION 1,952.43 2006811 10/27/2022 PRINTED 016113 AUSTIN ALEXANDER 835.70 2006812 10/27/2022 PRINTED 103797 ALLISON MECHANICAL INC 17,911.11 2006813 10/27/2022 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 81.90 2006814 10/27/2022 PRINTED 100572 AMAZON COM 779.24
2006815 10/27/2022 PRINTED 103781 AMAZON.COM SALES INC 4,089.55 2006816 10/27/2022 PRINTED 100383 AMERICAN FORENSIC NURSES 1,103.53 2006817 10/27/2022 PRINTED 015669 NICHOLAS ANDRE 778.00 2006818 10/27/2022 PRINTED 103584 ANTHONY EVERETT DEVELOPME 713.00 2006819 10/27/2022 PRINTED 103528 ARCHITECTURAL RESOURCES G 65,507.75 2006820 10/27/2022 PRINTED 100370 AT&T 300.71
2006821 10/27/2022 PRINTED 103384 AVIATRIX COMMUNICATIONS 900.00 2006822 10/27/2022 PRINTED 104048 LISE BAADH 160.00
2006823 10/27/2022 PRINTED 015914 ARWEL BERMUDO 680.40
2006824 10/27/2022 PRINTED 016055 BLAKE BONELLI 992.50
2006825 10/27/2022 PRINTED 015124 SANDRA BOSLER 268.12
2006826 10/27/2022 PRINTED 015535 KIMBERLEY BOWMAN 680.40 2006827 10/27/2022 PRINTED 100128 BRODART CO 4,289.76
2006828 10/27/2022 PRINTED 011051 FRANK BROWNING 1,112.91 2006829 10/27/2022 PRINTED 100234 BURRTEC ENVIRONMENTAL 2,259.05 2006830 10/27/2022 PRINTED 103263 BWW & COMPANY INC 17,100.00 2006831 10/27/2022 PRINTED 015951 JENNIFER RIVERA CALLEROS 949.49 2006832 10/27/2022 PRINTED 103633 CARAHSOFT TECHNOLOGY CORP 12,273.00 2006833 10/27/2022 PRINTED 101837 CASC ENGINEERING AND CONS 30,158.53 2006834 10/27/2022 PRINTED 100353 CHARTER COMMUNICATIONS 119.98 2006835 10/27/2022 PRINTED 100353 CHARTER COMMUNICATIONS 3,519.16 2006836 10/27/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2006837 10/27/2022 PRINTED 100353 CHARTER COMMUNICATIONS 119.99 2006838 10/27/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,300.00 2006839 10/27/2022 PRINTED 100353 CHARTER COMMUNICATIONS 367.44 2006840 10/27/2022 PRINTED 100353 CHARTER COMMUNICATIONS 227.32 2006841 10/27/2022 PRINTED 100353 CHARTER COMMUNICATIONS 299.99 2006842 10/27/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2006843 10/27/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2006844 10/27/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2006845 10/27/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2006846 10/27/2022 PRINTED 100353 CHARTER COMMUNICATIONS 219.98 2006847 10/27/2022 PRINTED 100353 CHARTER COMMUNICATIONS 99.99 2006848 10/27/2022 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2006849 10/27/2022 PRINTED 100353 CHARTER COMMUNICATIONS 206.04 2006850 10/27/2022 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 1,534.74 2006851 10/27/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 4,375.02 2006852 10/27/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 1,063,044.00 2006853 10/27/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 200,000.00 2006854 10/27/2022 PRINTED 100209 COACHELLA VALLEY HOUSING 300.00 2006855 10/27/2022 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 7,985.00 .. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
Item 1C - Page 10
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 10/27/2022 14:46
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 2006856 10/27/2022 PRINTED 100115 DANIELS TIRE SERVICE INC 6,305.16 2006857 10/27/2022 PRINTED 100318 DATA TICKET INC 5,064.70 2006858 10/27/2022 PRINTED 100067 DEMCO 1,458.34
2006859 10/27/2022 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 535.00 2006860 10/27/2022 PRINTED 016225 JAMES DANIEL DESELMS 75.00 2006861 10/27/2022 PRINTED 104058 DESERT HOT SPRINGS POLICE 1,140.00 2006862 10/27/2022 PRINTED 100150 DESERT PUBLICATIONS INC 3,995.00 2006863 10/27/2022 PRINTED 100008 DESERT SUN PUBLISHING COM 16,477.60 2006864 10/27/2022 PRINTED 100254 DOKKEN ENGINEERING 10,249.28 2006865 10/27/2022 PRINTED 104037 DONALD R HOLBEN & ASSOCIA 40,900.00 2006866 10/27/2022 PRINTED 100151 DOOLEY ENTERPRISES INC 33,003.83 2006867 10/27/2022 PRINTED 101244 DOWNS ENERGY 38,501.95 2006868 10/27/2022 PRINTED 100393 DOWNTOWN SHELL 280.00 2006869 10/27/2022 PRINTED 100054 DESERT WATER AGENCY 3,770.71 2006870 10/27/2022 PRINTED 100054 DESERT WATER AGENCY 64.99 2006871 10/27/2022 PRINTED 100054 DESERT WATER AGENCY 111.46 2006872 10/27/2022 PRINTED 101648 ECITY TRANSACTIONS LLC 300.00 2006873 10/27/2022 PRINTED 100701 EISENHOWER MEDICAL CENTER 3,722.00 2006874 10/27/2022 PRINTED 100274 ENGINEERING RESOURCES OF 11,893.52 2006875 10/27/2022 PRINTED 100300 ESRI 1,450.00
2006876 10/27/2022 PRINTED 101522 FIRESTRONG 1,500.00
2006877 10/27/2022 PRINTED 104062 FRANCISCO LEMUS 500.00 2006878 10/27/2022 PRINTED 104056 JONATHAN FRANCO 52.67 2006879 10/27/2022 PRINTED 100480 FRIENDS OF THE PS ANIMAL 562.74 2006880 10/27/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 64.91 2006881 10/27/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 60.52 2006882 10/27/2022 PRINTED 100158 GALLS LLC 1,196.25
2006883 10/27/2022 PRINTED 103948 PUSH MEDIA INC 69,477.52 2006884 10/27/2022 PRINTED 103824 GOVOS INC 7,500.00
2006885 10/27/2022 PRINTED 101514 GRAFFITI PROTECTIVE COATI 4,589.21 2006886 10/27/2022 PRINTED 101672 GULF CALIFORNIA BROADCAST 5,949.50 2006887 10/27/2022 PRINTED 100388 INFOTOX INC 1,300.00
2006888 10/27/2022 PRINTED 101990 IE INC 99.68
2006889 10/27/2022 PRINTED 101727 IRON MOUNTAIN 209.04
2006890 10/27/2022 PRINTED 015689 CHRISTOPHER JAEGER 310.00 2006891 10/27/2022 PRINTED 100726 JANET BURNS - PETTY CASH 63.19 2006892 10/27/2022 PRINTED 100269 JIMMYS EQUIPMENT 1,203.61 2006893 10/27/2022 PRINTED 101700 JNS NEXT 65.00
2006894 10/27/2022 PRINTED 101753 JOHN BEAN TECHNOLOGIES CO 375,145.63 2006895 10/27/2022 PRINTED 104054 JOHN'S OF PALM SPRINGS 197.00 2006896 10/27/2022 PRINTED 015592 JEANINE KELLY 700.25
2006897 10/27/2022 PRINTED 101606 KINCAID INDUSTRIES INC 1,317.48 2006898 10/27/2022 PRINTED 101599 TYSEN KNIGHT 2,000.00 2006899 10/27/2022 PRINTED 101785 KRONOS 1,170.15
2006900 10/27/2022 PRINTED 100380 LESLIE'S POOL SUPPLIES IN 108.89 2006901 10/27/2022 PRINTED 103753 LIFE INSURANCE COMPANY OF 32,167.69 2006902 10/27/2022 PRINTED 101309 LNRS DATA SERVICES INC. 1,763.08 2006903 10/27/2022 PRINTED 100727 LULU CALIFORNIA BISTRO 3,000.00 2006904 10/27/2022 PRINTED 016283 DANIEL MARTINEZ 510.00 2006905 10/27/2022 PRINTED 016358 ALLEN MCNABB 140.01
2006906 10/27/2022 PRINTED 015478 ANDRES MEZA 350.00
2006907 10/27/2022 PRINTED 016183 FRANCISCO MIRANDA-TORRES 3,427.39 .. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
Item 1C - Page 11
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 10/27/2022 14:46
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 2006908 10/27/2022 PRINTED 101794 MK SOLUTIONS INC 4,994.31 2006909 10/27/2022 PRINTED 015694 GLENN MLAKER 1,009.74 2006910 10/27/2022 PRINTED 100223 MOBILE MINI LLC CA 855.92 2006911 10/27/2022 PRINTED 100079 MOHICA TOWING 60.00
2006912 10/27/2022 PRINTED 015596 VICTOR MOROLES 539.22 2006913 10/27/2022 PRINTED 101801 MUNICIPAL EMERGENCY SERVI 5,993.70 2006914 10/27/2022 PRINTED 100765 MUNISERVICES / AVENU INSI 11,918.20 2006915 10/27/2022 PRINTED 101304 MWH CONSTRUCTORS INC 126,002.27 2006916 10/27/2022 PRINTED 100148 NALCO COMPANY 4,796.07 2006917 10/27/2022 PRINTED 100040 NBS 16,021.07
2006918 10/27/2022 PRINTED 104057 DONNA S NEWTON 990.00 2006919 10/27/2022 PRINTED 103900 ODP BUSINESS SOLUTIONS 16,610.15 2006920 10/27/2022 PRINTED 101408 OHD LLLP 935.00
2006921 10/27/2022 PRINTED 100282 PACIFIC PRODUCTS AND SERV 3,741.18 2006922 10/27/2022 PRINTED 100569 PALM SPRINGS CHAMBER OF C 5,507.37 2006923 10/27/2022 PRINTED 100087 PALM SPRINGS INTL FILM SO 100,000.00 2006924 10/27/2022 PRINTED 100133 PALM SPRINGS MOTORS 1,924.44 2006925 10/27/2022 PRINTED 103848 PROFESSIONAL ASBESTOS REM 3,500.00 2006926 10/27/2022 PRINTED 016210 CORY PISCIUNERI 996.16 2006927 10/27/2022 PRINTED 016210 CORY PISCIUNERI 75.00 2006928 10/27/2022 PRINTED 104022 ISAAC CLARK 6,700.00
2006929 10/27/2022 PRINTED 101767 PROFORMA SOCAL 96.10
2006930 10/27/2022 PRINTED 100596 PROPER SOLUTIONS INC 33,847.83 2006931 10/27/2022 PRINTED 100763 PSPSA 2,125.00
2006932 10/27/2022 PRINTED 103895 PUB CONSTRUCTION INC 11,147.68 2006933 10/27/2022 PRINTED 101658 THE PUN GROUP LLP 20,000.00 2006934 10/27/2022 PRINTED 101629 THE RAMSAY GROUP 6,975.00 2006935 10/27/2022 PRINTED 015310 RYAN RASO 621.90
2006936 10/27/2022 PRINTED 101527 RATTLE TECH LLC 500.00 2006937 10/27/2022 PRINTED 101739 REFRIGERATION SUPPLIES DI 11,362.37 2006938 10/27/2022 PRINTED 100658 REGIONAL ACCESS PROJECT F 3,000.00 2006939 10/27/2022 PRINTED 104055 NICHOLAS RIVAS 81.02
2006940 10/27/2022 PRINTED 100501 RIVERSIDE COUNTY TREASURE 2,469.20 2006941 10/27/2022 PRINTED 104059 SAME DAY EXPRESS LLC 6,217.50 2006942 10/27/2022 PRINTED 103890 SAUNARAY USA INC 38,975.00 2006943 10/27/2022 PRINTED 101542 SC COMMERCIAL 14,622.21 2006944 10/27/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 10,384.38 2006945 10/27/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 118,993.50 2006946 10/27/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 955.30 2006947 10/27/2022 PRINTED 100435 THE SHREDDERS 161.00
2006948 10/27/2022 PRINTED 103804 WEST AVIATION SERVICES-SA 22,302.00 2006949 10/27/2022 PRINTED 100245 SIGN A RAMA 96.98
2006950 10/27/2022 PRINTED 015202 PAUL SMITH 1,276.25
2006951 10/27/2022 PRINTED 100010 SMOKE TREE STABLES 840.00 2006952 10/27/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 22,356.17 2006953 10/27/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 460.70 2006954 10/27/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 78.89 2006955 10/27/2022 PRINTED 100084 STERICYCLE INC LLC SHRED 1,180.80 2006956 10/27/2022 PRINTED 016195 THERESA SWEENEY 269.36 2006957 10/27/2022 PRINTED 101825 TELOS IDENTITY MGMT SOLUT 2,094.25 2006958 10/27/2022 PRINTED 015883 MIGUEL TORRES 778.00
2006959 10/27/2022 PRINTED 101384 TYLER TECHNOLOGIES INC 2,660.00 .. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
Item 1C - Page 12
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 10/27/2022 14:46
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 2006960 10/27/2022 PRINTED 100386 U S CUSTOMS SERVICE 1,396.83 2006961 10/27/2022 PRINTED 100063 UNDERGROUND SERVICE ALERT 475.43 2006962 10/27/2022 PRINTED 100384 US BANK 3,300.00
2006963 10/27/2022 PRINTED 101327 US SECURITY ASSOCIATES IN 69,912.00 2006964 10/27/2022 PRINTED 100129 VCA ANIMAL HOSPITALS INC 208.98 2006965 10/27/2022 PRINTED 100267 VEOLIA WATER NORTH AMERIC 398,948.89 2006966 10/27/2022 PRINTED 100144 VERIZON WIRELESS 4,462.91 2006967 10/27/2022 PRINTED 100144 VERIZON WIRELESS 8,048.49 2006968 10/27/2022 PRINTED 103696 ETERNAL LOVE LLC 21,414.96 2006969 10/27/2022 PRINTED 100050 VISION SERVICE PLAN 5,824.28 2006970 10/27/2022 PRINTED 101806 VISIONTRON CORP 5,841.60 2006971 10/27/2022 PRINTED 103739 VISTA SUNRISE II LP 410,001.36 2006972 10/27/2022 PRINTED 101277 VOHNE LICHE KENNELS INC 350.00 2006973 10/27/2022 PRINTED 101752 VORTEX INDUSTRIES INC 3,663.85 2006974 10/27/2022 PRINTED 101220 WATERLINE TECHNOLOGIES 4,785.15 2006975 10/27/2022 PRINTED 100156 WAXIE SANITARY SUPPLY 24,730.39 2006976 10/27/2022 PRINTED 101680 WEST COAST CODE CONSULTAN 115,261.98 2006977 10/27/2022 PRINTED 103973 WEX HEALTH INC 2,242.80 2006978 10/27/2022 PRINTED 100461 WOMEN LEADERS FORUM 100.00 175 CHECKS CASH ACCOUNT TOTAL 4,135,623.26 .00
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
Item 1C - Page 13
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 10/27/2022 14:46
User: PatrickW
Program ID: apchkrcn

Page 5 ends

UNCLEARED CLEARED
175 CHECKS FINAL TOTAL 4,135,623.26 .00
** END OF REPORT - Generated by Patrick Wynhoff **
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
Item 1C - Page 14

CITY COUNCIL STAFF REPORT
12/05/2022
SUBJECT:

APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9145 WITH MOHAWK COMMERCIAL, INC., FOR SYSTEM-WIDE FLOORING AND INSTALLATION

SERVICES
RECOMMENDATION:

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

2. Attachments
Item 1D

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2022 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9145 WITH MOHAWK COMMERCIAL, INC., FOR SYSTEMWIDE FLOORING AND

INSTALLATION SERVICES
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Maintenance and Facilities
SUMMARY:

This action will approve Amendment No. 1 to Agreement A9145 with Mohawk Commercial, Inc., in the amount of $225,000 for a revised contract amount not to exceed $300,000 for systemwide flooring and installation services and will extend the agreement term through June 14, 2025.

RECOMMENDATION:

1. Approve Amendment No. 1 to Agreement A9145 (Attachment A) with Mohawk Commercial, Inc., to provide systemwide flooring and installation services in an additional amount of $225,000 for a total revised contract amount not to exceed $300,000 and extend the term through June 14, 2025.

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form for Mohawk Commercial is included as Attachment B.

BACKGROUND:

The City required the services of a systemwide flooring and installation contractor for flooring services. By utilizing Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs”, the City was allowed to obtain flooring and installation services through Mohawk Commercial, Inc. (Mohawk), under Omnia Partners Contract No. 2020002149.

Item 1D - Page 1
City Council Staff Report
December 5, 2022 -- Page 2
Approve Amendment with Mohawk Commercial, Inc.

Therefore, the City signed a Contract Services Agreement with Mohawk on June 15, 2022, in an amount not to exceed $75,000, through June 14, 2023, to meet the Facilities and Maintenance Department’s immediate needs.

STAFF ANALYSIS:

Staff is requesting approval of Amendment No. 1 in the amount of $225,000 for a revised contract amount not to exceed $300,000, and extension of the agreement term through June 14, 2025, for systemwide flooring and installation services.

Facilities Maintenance is currently working on three deferred maintenance projects that combined would expend approximately $100,000 during Fiscal Year 2022-23. • Finance Department Carpet Replacement $30,000
• Skate Park Carpet Replacement $20,000
• Animal Shelter Flooring Replacement $50,000
Therefore, increasing the contract to a not-to-exceed amount of $300,00 and increasing the term of the contract through June 14, 2025, will allow for current and future project flooring needs be met.

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 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.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current Fiscal Year 2022-23 Facilities Maintenance Accounts 5206570-40105 and 5206570-50119.

Item 1D - Page 2
City Council Staff Report
December 5, 2022 -- Page 3
Approve Amendment with Mohawk Commercial, Inc.

REVIEWED BY:

Department Director: David McAbee
Procurement Manager: Kim Baker
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

A. Amendment No. 1
B. Public Integrity Disclosure
Item 1D - Page 3

ATTACHMENT A

Item 1D - Page 4
AMENDMENT #1 TO CONTRACT SERVICES AGREEMENT NO. A9145

FOR SYSTEMWIDE FLOORING AND INSTALLATION SERVICES
OMNIA PARTNERS CONTRACT 2020002149
This Amendment No. 1 to the Contract Services Agreement (A9145), (“Amendment No. 1”), is made and entered into this _____ day of _____________, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Mohawk Commercial, Inc., a Delaware corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. On June 15, 2022, the City Manager approved A9145, made and entered into in reference to the competitively solicited Omnia Partners Contract No. 2020002149 with Contractor (“Cooperative Agreement”).

B. City desire to extend the Term of Contract Services Agreement No. 9145 (A9145) through June 14, 2025, and amend A9145 to add $225,000, for maximum contract amount not to exceed $300,000.

C. Contractor desires to perform said services on the terms and conditions set forth in this Amendment.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT
SECTION1. The true and correct recitals above are incorporated by this reference herein as the basis for this Third Amendment.

SECTION 2. 3.1 Compensation and Payment. Is hereby replaced in its entirety as follows:
“3.1 Compensation and Payment. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $300,000.” SECTION 3. 4.4 Term. Is hereby replaced in its entirety as follows:
“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 June 15, 2022, and Item 1D - Page 5
continuing through June 14, 2025, unless extended by mutual written consent of the Parties.”
SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement A9145, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any provisions of the Contract Services Agreement A9145, the provisions of this Amendment No. 1 shall in all respects govern and control.

SECTION 5. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound.

Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. A9145 remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
Item 1D - Page 6
SIGNATURE PAGE TO AMENDMENT NO. 1 (A9145) BY AND BETWEEN THE CITY OF PALM SPRINGS AND MOHAWK COMMERCIAL, INC.

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

CONTRACTOR:

By:___________________________ By:____________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ 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 1D - Page 7

ATTACHMENT B

Item 1D - Page 8
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)

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 _________________________________________________  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 ____________________________________
Mohawk Commercial Inc.
160 S. Industrial blvd. Calhoun, GA 30701
X
Georgia
X
Jeffrey S. Lorberbaum X
Aladdin Partners, L.P. X
Item 1D - Page 9
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 Sergio Blanco, Contract Compliance 11/17/2022
Jeffrey S. Lorberbaum
Aladdin Partners, L.P.
16%
13%
FMR, LLC 9%
The Vanguard Group 9%
BlackRock, Inc 7%
Item 1D - Page 10
__ L___I

CITY COUNCIL STAFF REPORT
12/05/2022 CONSENT CALENDAR
SUBJECT:

APPROVE SERVICE AGREEMENT NO. A9294 WITH HINGEWERKS
COMMERCIAL DOORS, INC. FOR ON-CALL AUTOMATIC AND REVOLVING

DOOR MAINTENANCE SERVICES
RECOMMENDATION:

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

2. Attachments
Item 1E

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2022 CONSENT CALENDAR
SUBJECT: APPROVE SERVICE AGREEMENT NO. A9294 WITH HINGEWERKS COMMERCIAL DOORS, INC. FOR ON-CALL AUTOMATIC AND

REVOLVING DOOR MAINTENANCE SERVICES
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Aviation
SUMMARY:

This action will approve a three-year agreement with two one-year options with Hingewerks Commercial Doors, Inc. in an amount not to exceed $150,000 for on-call automatic and revolving door maintenance services.

RECOMMENDATION:

1. Approve Contract Services Agreement A9294 (Attachment A) with Hingewerks Commercial Doors, Inc. to provide on-call automatic and revolving door maintenance services in an amount not to exceed $150,000 for the initial threeyear term beginning December 5, 2022 through December 4, 2025, with two oneyear extension options at the City’s sole discretion; and

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on November 3, 2022, Hingewerks Commercial Doors, Inc. is registered in the State of California. The owner is Daniel Wray with 100% beneficial interest in entity.

STAFF ANALYSIS:

The contract with Hingewerks Commercial Doors, Inc. is an on-call, as-needed type contract. The bids were used to determine the lowest, responsive, responsible bidder and to set the unit rates for the contract; however, the actual amount of the contract is based on the budgeted amount set by the Department and will therefore not match the bid amounts.

Item 1E - Page 1
City Council Staff Report
December 5, 2022 -- Page 2
Award of On-Call Automatic & Revolving Door Maintenance Contract An Invitation for Bids (IFB 23-12) was initiated by the City’s Procurement & Contracting Department on October 11, 2022, based on the Department of Aviation specifications.

Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Four bids were received by the November 3, 2022, deadline as follows:

Vendor Bid
Hingewerks Commercial Doors, Inc. $31,020.00
Assa Abloy Entrance Systems US Inc. $39,467.50
DNA Overhead Doors $41,850.00
Automatic Door Specialist Inc. $43,625.00
Staff recommends approval of Contract Services Agreement No. A9294 with Hingewerks Commercial Doors, Inc. for the initial three-year term in the amount not to exceed $150,000 effective December 5, 2022 through December 4, 2025, subject to two one-year optional renewals at the sole discretion of the City.

ENVIRONMENTAL ASSESSMENT:

N/A.

ALIGNMENT WITH STRATEGIC PLANNING:

N/A.

FISCAL IMPACT:

Funds are available for this agreement in Airport Account 4157050-40105.

REVIEWED BY:

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

City Attorney: Geremy Holm
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

A. Agreement No. A9294
B. Public Integrity Disclosure
Item 1E - Page 2

ATTACHMENT A
AGREEMENT NO. A9294
Item 1E - Page 3
CONTRACT SERVICES AGREEMENT A9294

AUTOMATIC AND REVOLVING DOOR MAINTENANCE

AND REPAIR SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on December 5, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and HINGEWERKS COMMERCIAL DOORS, INC., a California corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed and qualified firm for on-call maintenance and repair services for automatic and revolving doors at the Palm Springs International Airport, (“Project”).

B. Contractor has submitted to City a proposal to provide on-call maintenance and repair services for automatic and revolving doors at the Palm Springs International Airport, to City under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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 Item 1E - Page 4
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.

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

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $150,000.00.

3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice 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 event any change 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 revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

Item 1E - Page 5

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

4. PERFORMANCE SCHEDULE

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

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

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

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on December 5, 2022, and ending on December 4, 2025, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the 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 Item 1E - Page 6
right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.

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

5. COORDINATION OF WORK

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

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

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

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, 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, Item 1E - Page 7
unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

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

Name: Title:

Daniel Wray CEO

5.6 California Labor Code Requirements.

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

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

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.

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

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

8. RECORDS AND REPORTS

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

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

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall Item 1E - Page 9
have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

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

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

9. ENFORCEMENT OF AGREEMENT

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

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

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

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and 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 exercise of any right or remedy of a nondefaulting 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 respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Item 1E - Page 10
parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

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

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-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 shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical 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 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 nondiscrimination in city contracting.

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11. MISCELLANEOUS PROVISIONS

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

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Hingewerks Commercial Doors, Inc.

Attention: Daniel Wray
1945 W. Commonwealth Avenue, Suite K
Fullerton, CA 92833

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

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

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

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

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

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

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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.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND HINGEWERKS COMMERCIAL DOORS, INC.

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

CONTRACTOR:

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

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: __________ 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
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EXHIBIT “A”
CONTRACTOR’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1E - Page 15

1. Scope:

A. Contractor shall furnish labor, materials, and equipment to perform automatic and revolving door maintenance and repair services (Work) on an as-requested basis at the Palm Springs International Airport (PSP). The scope of Work shall include, but is not limited to: general repairs to sensors, automatic doors, revolving doors, door panels, tracks, pullies, motors, chains, belts, wheels, troubleshooting, testing, inspecting, wiring, wire management, equipment testing and repair, cable pulling, remote controls, and low voltage, and other work normally under the jurisdiction of a licensed contractor for automatic and revolving commercial doors. This may include project estimation and budgeting of work.

B. Door list and types:

Door
Number
Door Type
Manufacturer
Door Type Location
1 Horton Slider Bi-part FBO Main Terminal
2 Horton Slider Bi-part FBO Main Terminal
3 Horton Slider Bi-part FBO Main Terminal
4 Horton Slider Bi-part FSL / Herculite Main Terminal
5 Horton Slider Bi-part FSL / Herculite Main Terminal
6 Horton Slider 2 slider V configuration Main Terminal
7 Horton Slider 2 slider V configuration Main Terminal
8 Horton Slider Bi-part Main Terminal
9 Horton Slider Bi-part Main Terminal
10 Horton Slider Bi-part FBO Main Terminal
11 Horton Slider Bi-part FBO Main Terminal
12 Gildor single slider Customs
13 Gildor single slider Customs
14 Gildor single slider Customs
15 BWN Retro DC100 Bi-part Customs
16 Horton Slider Bi-part oversize Regional Terminal
17 Horton Slider Bi-part oversize Regional Terminal
18 Horton Slider 2 single slider entry /exit Regional Terminal Men’s RR 19 Horton Slider
2 single slider entry /exit
Regional Terminal Women’s
RR
20 Horton Slider Bi-part oversize 2003 belt North exit checkpoint 21 Horton Slider Bi-part oversize 2003 belt South exit checkpoint 22 Tormax Slider Bi-part FSL belt East side , Desert market 23 Tormax Slider Bi-part FSL belt West side PGA gift shop 24 Tormax Slider Bi-part retro DC100 belt Santa Rosa
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25 Tormax Slider Bi-part retro DC100 belt Santa Rosa
26 Tormax Slider Telescopic Belt gate 4,6,8 entrance Bono 27 Tormax Slider Telescopic Belt Desert Mart 2 Bono
28 Tormax Slider Telescopic Belt gate 10 , 11 Bono
29 Tormax Slider Telescopic Belt Desert News Bono
30 Tormax Slider Telescopic Belt gate 5,7,9 Bono
31 Horton Turnstile security turnstile main Terminal North 32 Horton Turnstile security turnstile main terminal south C. Response time: The Contractor shall respond to emergency calls for service or repair within twenty-four (24) hours. Emergency responses to include weekends, afterhours, and holidays.

D. Correction of work deficiencies: The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.

If the Contractor fails to commence correction of nonconforming work within a seven day period after written notice, the City may correct the deficiencies by other means.

In such case, the City may exercise rights and remedies as provided in section 9.4 of agreement.

In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

E. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statutes, codes, rules, and regulations as may be applicable to this contract and shall be responsible for securing any and all permits as required by the governing authority. The City shall reimburse the Contractor for only the actual cost of said permits.

F. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification.

Contractor must not store equipment and/or supplies on any City property.

G. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies. The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

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H. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.

I. Security: The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors must not be propped open).

The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area.

Any items or articles of apparent value found by the Contractor’s personnel in any areas of the building or site shall be turned over to the facility manager or on-site Security. Any suspicious articles that may be found, or persons loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall be immediately reported to Police
J. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract in an off-site location, in compliance with all applicable laws and regulations. City encourages Contractor to salvage material in an environmentally friendly manner if possible. City retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.

K. Uniforms: The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times. Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the Contractor.

Contractor vehicles must display company logo and name
L. Conduct of contractor’s employees on-site: The following behavior is not allowed on City premises:
• Using improper language.
• Acting in a loud, boisterous, or otherwise unprofessional manner. • Engaging in harassment or otherwise offensive conduct. • Allowing unauthorized persons, including family and friends, to enter the building or area in which Contractor’s employee is assigned. Visitors must stay in the public lobby until Contractor’s employee arrives. • Opening or going through any City property, including furnishings, or use of City equipment or property.
• Theft or aiding in the theft of City property.
• Sleeping on the job.
• Taking scrap material.
• Using tobacco products, including electronic smoking devices, anywhere on City premises.
• Using City tools, equipment or supplies without prior authorization. • Possessing firearms or any other weapon, even if legally permitted to carry firearms or other dangerous weapons.
• Sexual misconduct, sexual abuse, sexual harassment, as defined by state and/or federal law.

Contractor’s employees deemed noncompliant by City will be removed immediately and replaced within twenty-four (24) hours. Contractor’s employees must submit to Item 1E - Page 18
weapons screening as directed. Contractor’s employees must be able to understand, read and communicate in English under the performance of this Contract. Contractor must observe and comply with all of City’s present and future rules and regulations regarding conduct on the premises.

2. Insurance Requirements:

The Contractor shall meet all insurance requirements of the City, including but not limited to, the provisions of personal and property liability, including automobile coverage, and Worker's Compensation, in limits acceptable to the City.

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.

4. Term of Contract:

The term of this contract will be for three years, with two, one year renewal options upon mutual consent of the City and the Contractor.

5. Option to Renew:

At the sole discretion of the City, the Contract may be renewed for two one-year options or any portion thereof. If the City exercises its option to extend, the unit prices may be adjusted (decreased or increased) at the beginning of any such renewal period to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureau of Labor Statistics for the RiversideSan Bernardino-Ontario Areas.

6. Adjustment of Services:

The City reserves the right to reduce or increase, or otherwise adjust the scope of services.

7. Pricing:

1. The pricing included in this Contract shall be firm for the first year of the Contract.

2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the RiversideSan Bernardino-Ontario Areas.

3. The City will only pay for the items listed on the bid form, and permit and disposal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.

8. Payment:

The resulting contract for these services is an on-call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work Item 1E - Page 19
authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section.

9. Invoicing:

Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the 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 contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval.

10. Special Security Requirement – For Palm Springs International Airport:

1. AIRPORT SECURED ACCESS TO WORK AREAS:
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Contractor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the Fingerprint/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov b. Under certain circumstances, and out of the control of the City, security measures may change on short notice. No deviations from any security measure shall be allowed at any time.
c. Restricted Area Access – All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge, must successfully complete a fingerprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows:
1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.

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6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.

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27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.

2. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor, or Subcontractors requiring access to the work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel. Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site. All required paperwork and ID badge applications shall be submitted a minimum of two weeks before issuance of any badge. The Contractor and its staff are responsible for attending SIDA training and completing security badge application. Attendance of the video-based class and issuance of the badge may take in excess of 3 hours. There will be a $50 charge (subject to change) for the FBI background check and fingerprinting process, and a $50 charge (subject to change) for the badge for a total of $100.00.

3. Violations - All violations of Airport security are also violations of the City of Palm Springs Municipal Title 16, California Vehicle code and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges.

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Item 1E - Page 23

ATTACHMENT F

BID FORM
INVITATION FOR BIDS IFB 23-12

AUTOMATIC AND REVOLVING DOOR MAINTENANCE AND REPAIR SERVICES Responding to this IFB for on-call maintenance and repair services for automatic and revolving doors at Palm Springs International Airport, 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 announts. 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.

The Unit Pricing shall remain fixed for the first year. For additional years, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the Riverside-San Bernardino-Ontario region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutua'I consent of the City and the Contractor.

ESTIMATED UNIT PRICE SUBTOTAL

ITEM DESCRIPTION UNIT QUANTITY
1 Foreman Regular Billing Rate HR 50 ~~oo (7:00AM - 5:00PM) /'70 2 Foreman Overtime Billing Rate HK 5 (5:00PM - 7:00AM) l-5;> 12--?? 3 Foreman Holiday Billing Rate HR 5 (Saturd= /Sundav/Holidav) 2 t./ t:> 1700 4 Journeyman Regular Billing Rate HR 100 <7:00AM / 'J, D -5:00PM) / $ ,~ 5 Journeyman Overtime Billing Rate HR 5 (5:00PM - 7:00AM) /ff 975' 6 Journeyman Holiday Billing Rate HR 5 J. /, o 1200 (Saturdav/Sunday/Holiday) 7 Apprentice Regular Billing Rate HR 25 (7:00AM - 5:00PM) /oo 2- ~~ 8 Apprentice Overtime Billing Rate HR 5 (5:00PM - 7:00AM) /70 7 5"0 9 Apprentice Holiday Billing Rate HR
5 (Saturdav /Sunday/Holiday) ~M> / DP .:>
TOTA L ;2.,-00 0:---
'
ITEM DESCRIPTION %MARK-UP
10 Parts and Materials (Enter your% mark-up for oarts & materials) y r, 11 Equipment Rental (Enter your % mark-up for eouioment rentals) /7 12 Subcontractors (Enter vour % mark-up for subcontractors) IJIA- . •Please note: This bid form is to determine the lowest bidder and wiH be used to establish the contract unit prices. The contract value will b e set at the City budget amounL Item 1E - Page 24
~
Certified by: t:autr,,,"'-f W4.>y
Firm Name: ~,V4</ /,,.,,,,.,s~ /kM
s;inature of A""'°"6<1 Person, _ ---tsPrinted Name: ~/.f IVJ!.f!; Title: ____ U12=--: ~ - --------------
Date: ____ ~ //.,._/j....:..l-+-/:.::..2.-P.;:,___;_,,tA.-- _ _ _ ____ _ I I 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 1E - Page 25

INSURANCE

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:

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 liability 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 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 Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1E - Page 26
contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if 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 selfinsurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

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

Item 1E - Page 27
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

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

All certificates of insurance and endorsements are to be received and approved by the City before work commences. 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 1E - Page 28

ATTACHMENT B

PUBLIC INTEGRITY DISCLOSURE
Item 1E - Page 29
Item 1E - Page 30

ATTACHMENT D

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
{INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS IFB 23-12

AUTOMATIC AND REVOLVING DOOR MAINTENANCE AND REPAIR SERVICES

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 owner/investor in the applicant 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.

What Must I Disclose?
Item 1E - Page 31
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.

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 1E - Page 32

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

2. Address of Entity (Principal Place of Business)

4. State where Entity is Registered with Secretary of State C-AIf other than California, is the Entity also registered in California? D Yes D No

5. Type of Entity
orporation D Limited Liability Company D Partnership D Trust D Other (please specify) 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
-=~-· 1},flel_~ ... ~~~~'--t---- ~fficer D Director D Member D Manager [~ r -• General Partner O Limited Partner [name]
• Other PM£/C£o/™tu¾
s
D Officer D Director D Member D Manager
D General Partner D Limited Partner
• Other ________ _
_____________ D Officer D Director D Member D Manager
[name] D General Partner O Limited Partner
D Other _________ _

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity Item 1E - Page 33

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]

8. [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 PENAL TY OF PERJURY UNDER THE LAWS OF THE ST ATE OF CALIFORNIA HAT THE FOREGOING IS TRUE AND CORRECT.

Date
Item 1E - Page 34
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 other such business entities must also be disclosed, including those entities other business entities, if any.

Ultimately, the City's disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme 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 California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example would resemble the following:

1. Acme Brothers, Inc., a California corporation
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 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
12/05/2022
SUBJECT:

APPROVAL OF AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT No. A6938 WITH RICONDO & ASSOCIATES, INC. IN THE AMOUNT OF $178,716
RECOMMENDATION:

Approve Amendment No. 3 (Attachment A) to Agreement A6938 with Ricondo & Associates, Inc. in the amount of $178,716 for professional services related to Palm Springs International Airport.

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

2. Attachments
Item 1F

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2022 CONSENT CALENDAR

SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT (A6938) WITH RICONDO & ASSOCIATES,
INC. IN THE AMOUNT OF $178,716
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Aviation
SUMMARY:

This action approves Amendment No. 3 to Agreement A6938 with Ricondo & Associates, Inc. for six additional tasks: Airline Negotiations (AULA), AULA Support Services, three PFC Application Services, and On-Call Airport Business and Financial Consulting Services at the Palm Springs International Airport (Airport) in the amount $178,716.

RECOMMENDATION:

1. Approve Amendment No. 3 (Attachment A) to Agreement A6938 with Ricondo & Associates, Inc. in the amount of $178,716 for professional services related to Palm Springs International Airport.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure Form (Attachment B) Ricondo & Associates, Inc. is a corporation registered in the state of Illinois. Ramon Ricondo and R. Douglas Trezise are listed as Officers and Bryan O. Elliott is listed as a Director. The Corporation is 100% owned by the Ricondo & Associates, Inc. Employee Stock Ownership Trust, Neil Brozen as Trustee.

BACKGROUND:

Following a competitive solicitation procurement process in 2016 (Statement of Qualifications 01-17), City Council approved a professional services agreement with Ricondo & Associates, Inc. at the meeting of December 7, 2016. Agreement A6938 took Item 1F - Page 1
City Council Staff Report
December 5, 2022 -- Page 2
Ricondo & Associates, Inc. Agreement A6938, Amendment No. 3 effect on January 2, 2017, for a three-year term with two one-year extension options, in the amount of $309,425 for the following four tasks:

Task No. Description Amount
1 Airport Feasibility Study $47,503
2 PFC Application Preparation $60,736
3 CFC Program Preparation / Car Rental Concession
Planning
$110,466
4 Financial Preparation and Associated Incidental Costs $90,720 Total $309,425
On November 28, 2018, City Council approved Amendment No. 1 which included the following two additional tasks:

Task No. Description Amount
5 Concessions Program & Lease $79,928
6 Airport Use and Lease Agreement $51,425
Total $131,353
On July 24, 2019, City Council approved executing the first one-year extension (January 2, 2019, through December 31, 2020) and the following single task:

Task No. Description Amount
7 Airport Use and Lease Agreement (AULA)
Negotiation Services
$120,416
On October 20, 2020, the City Manager approved exercising the second one-year extension (January 2, 2021, through December 31, 2021).

On October 28, 2021, City Council approved Amendment No. 2 which included the extension of the agreement through June 30, 2023, and the following three additional tasks for a total amount of $136,400:

Task No. Description Amount
8 Airline Negotiating Consulting Services $58,100
9 In-Terminal Concessions Consulting Services $58,300
10 Miscellaneous On-Call Airport Business and Financial Consulting Services
$20,000
Total $136,400
The total amount of Agreement A6938 for all ten previously approved tasks is $697,594.

Ricondo successfully completed tasks 1, 2, and 4, and all efforts related to these tasks are closed. Airport staff has been pleased with the quality of work performed by Ricondo for Tasks 1 through 10.

Item 1F - Page 2
City Council Staff Report
December 5, 2022 -- Page 3
Ricondo & Associates, Inc. Agreement A6938, Amendment No. 3 STAFF ANALYSIS:

At the Airport’s request, Ricondo submitted a letter dated November 10, 2022, (Attachment C) that identifies six additional tasks and corresponding costs. The six new tasks will be identified as Task 11, 12, 13, 14, 15, and 16 as described below. Airport staff has reviewed Ricondo’s proposals for these tasks and determined that Ricondo’s rates and proposed levels of service are acceptable. Amendment No. 3 will include these tasks.

Task 11 – Rates and Charges Support Services
Task 11 includes ongoing rates and charges support to assist with the negotiation of the Airport Use and Lease Agreement (AULA) and the City’s implementation of a new rates and charges methodology to be effective in FY 2024.

Following is a breakdown of the services Ricondo will render in Task 11:
• Addressing airline requests to compare FY2019 and FY2023 rates using both hybrid and residual cost center approaches
• Applying Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA)/American Rescue Plan Act (ARPA) funds to offset Airport Operating expenses in FY2023-2024
• Inputting Airport FY2021 actual and FY2023 budget data into the rates and charges model and providing summary analyses to Airport staff • Updating summary documents to assist staff with discussions with the Airport Commission and City Council
• Changing the Joint Use Charge methodology
• Updating data for airline activity for a 5-year projection period • Preparing rates and charges and cost per enplaned (CPE) passenger projections by airline
• Revising the airline revenue sharing methodology
• Conducting an on-site training session to familiarize Airport and City staff on the functionality of the rates and charges model for use in future budgets Task 12 – Ongoing Airport Use and Lease Agreement (AULA) Support The COVID-19 pandemic interrupted and suspended some of Ricondo’s tasks, which were restarted in late 2021 including the AULA negotiations. Funds for Task 7 and 8 have been expended and Airport staff and Ricondo have determined that additional funding is required to bring the AULA services to a conclusion.

Ricondo is supporting Airport staff with the goal of distributing executable copies of the new AULA to airlines by the end of calendar year 2022 with an execution planned for March 2023.

Item 1F - Page 3
City Council Staff Report
December 5, 2022 -- Page 4
Ricondo & Associates, Inc. Agreement A6938, Amendment No. 3 Ricondo’s services in Task 12 include:
• Participation in three additional virtual meetings with the airlines • Preparation of a draft and final AULA text and exhibits • Supporting Airport staff with briefings to City Council Tasks 13 and 14 – Passenger Facility Charge (PFC) Application # 1 and Application # 2 Amendment Services – Type A and B Amendments
Ricondo will provide financial services to the City related to the development and implementation of an amendment to Passenger Facility Charge (PFC) Application #1 and PFC Application #2 in accordance with Federal Aviation Administration (FAA) regulations.

The services in Tasks 13 and 14 include:
• Preparation of Draft Type A and B Amendment Packages
• Preparation and Submittal of PFC Type A and B Amendments • Preparation of Air Carrier Notification of PFC Amendment Approval • Coordination of the Air Carrier Consultation Meeting
Task 15 – Passenger Facility Charge (PFC) Application # 3 (23-03-C-00-PSP) Services
Ricondo will provide financial services to the City related to the development and implementation of Passenger Facility Charge (PFC) Application #3 in accordance with Federal Aviation Administration (FAA) regulations.

The services in Task 15 include:
• Project kick-off meeting and data request
• Preparation of draft Application #3
• Preparation of the Air Carrier Consultation and Public Notice Documentation • Coordination of the Air Carrier Consultation Meeting
• Preparation and Submittal of Application #3
• Preparation of Air Carrier Notification of Application #3 Approval Task 16 – Miscellaneous On-Call Airport Business and Financial Consulting Services
Ricondo will continue to provide miscellaneous on-call Airport business and financial consulting support to the City and provide deliverables including Excel analyses, emails, or memos.

The following table summarizes the six new tasks being requested:

Item 1F - Page 4
City Council Staff Report
December 5, 2022 -- Page 5
Ricondo & Associates, Inc. Agreement A6938, Amendment No. 3 Task No. Description Amount
11 Rates and Charges Support Services $50,000
12 Ongoing Airport Use and Lease Agreement Services $22,344 13 PFC Application #1 and Application #2 Amendment
Services – Type A
$13,518
14 PFC Application #2 Amendment Services – Type B $22,070 15 PFC Application #3 (23-03-C-00-PSP) Services $55,790 16 Misc. On-Call Airport Business and Financial Consulting $14,994 Total $178,716
The total amount of Agreement A6938 including Tasks 11, 12, 13, 14, 15 and 16 is $876,310.

Ricondo has gained a comprehensive and in-depth understanding of the Palm Springs International Airport’s operations and finances, which is essential in assisting the Airport complete these tasks in a timely manner and to the benefit of the City and Airport.

Therefore, Staff requests City Council approve Amendment No. 3 to Agreement A6938 with Ricondo.

ALIGNMENT WITH STRATEGIC PLANNING: N/A
FISCAL IMPACT:

Funding for FY 2022–23 for these professional services is available in Department of Aviation Account 4157020-40105.

REVIEWED BY:

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

City Attorney: Geremy Holm
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

A. Amendment No. 3 to Agreement A6938 with Ricondo & Associates, Inc.

B. Public Integrity Disclosure Form
C. Ricondo Proposal Letter dated November 10, 2022
Item 1F - Page 5

ATTACHMENT A
AMENDMENT NO. 3 TO AGREEMENT A6938
WITH RICONDO & ACCOCIATES, INC.

Item 1F - Page 6
AMENDMENT NO. 3 TO PROFESSIONAL SERVICES
AGREEMENT No. A6938
FOR FINANCIAL SERVICES WITH RICONDO & ASSOCIATES, INC.

AT PALM SPRINGS INTERNATIONAL AIRPORT
THIS AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT (A6938), FOR FINANCIAL SERVICES (“Amendment No. 3”) is made and entered into, to be effective December 5, 2022, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as “City”) and Ricondo & Associates, Inc. (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. The City owns and operates Palm Springs International Airport (“Airport”) located in Palm Springs, California, for the convenience of the general public, and has determined that there is a need for financial planning services necessary for a variety of airport projects.

B. On December 7, 2016, the City Council approved a Professional Services Agreement (A6938) with Consultant to provide financial planning associated with Palm Springs International Airport projects, with a maximum term of five (5) years, and an initial maximum compensation not to exceed $309,425.

C. On November 28, 2018, the City Council approved Amendment No. 1 to Professional Services Agreement (A6938) with Consultant for additional consulting services related to airline lease and terminal concessions document preparation and coordination for an additional amount of $131,353.

D. On July 24, 2019, the City Council approved an additional amount of $120,416 and executing the first one-year extension (January 2, 2019, through December 31, 2020).

E. On October 20, 2020, the City Manager approved exercising the second oneyear extension (January 2, 2021, through December 31, 2021).

F. On October 28, 2021, the City Council approved Amendment No. 2 to Professional Services Agreement (A6938) with Consultant for the performance of three additional tasks related to Airline negotiations, In-terminal concessions and On-call airport business and financial consulting services, increasing the amount by $136,400 and extending the agreement through June 30, 2023.

G. City wishes to amend the Agreement for the performance of six additional tasks and increase the compensation amount by $178,716, increasing the maximum compensation in the Agreement to $876,310.

Item 1F - Page 7
H. Therefore, the City and Consultant agree to execute Amendment No. 3 to the Agreement to increase the compensation amount by $178,716.

AGREEMENT
SECTION 1. The foregoing Recitals are true, correct, and incorporated by this reference herein as material terms relied upon by the Parties in agreeing to and executing this Amendment No. 3.

SECTION 2. Section 2.1 Maximum Contract Amount is hereby amended as follows:

By approval of this Amendment No. 3, the City Council hereby authorizes the approval of six additional Task Orders, in the amount of One Hundred and Seventy-Eight Thousand Seven Hundred and Sixteen Dollars ($178,716) to cover the cost of required services (pursuant to Task 11, Task 12, Task 13, Task 14, Task 15 and Task 16) necessary for the completion of Rates and Charges Support Services; Ongoing Airport Use and Lease Agreement Services; PFC Application #1 and Application #2 Amendment Services - Type A, PFC Application #2 Amendment Services – Type B, PFC Application # 3 (23-03- C-00-PSP) Services, and Misc. On-Call Airport Business and Financial Consulting Services. The amended maximum contract amount shall not exceed Eight Hundred Seventy-Six Thousand Three Hundred and Ten Dollars ($876,310).

SECTION 3. Exhibit “A-1” Scope of Services, as previously amended, shall be amended to include additional services as assigned in Task 11 – Rates and Charges Support Services; Task 12 – Ongoing Airport Use and Lease Agreement Services; Task 13 – PFC Application #1 and Application #2 Amendment Services -Type A; Task 14 – PFC Application #2 Amendment Services – Type B; Task 15 - PFC Application # 3 (23- 03-C-00-PSP) Services; and Task 16 – Misc. On-Call Airport Business and Financial Consulting Services. These additional services are more particularly described in Exhibit “A-1”, attached hereto to this Amendment No. 3 and incorporated herein by this reference.

SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Professional Services Agreement (A6938), as previously amended, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 3 and any provisions of the Professional Services Agreement (A6938), as previously amended, the provisions of this Amendment No. 3 shall in all respects govern and control.

SECTION 5. Corporate Authority:

The persons executing this Amendment No. 3 on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are fully authorized to execute and Item 1F - Page 8
deliver this Amendment No. 3 on behalf of said Party, (iii) by so executing this Amendment No. 3, such Party is formally bound to the provisions of this Amendment No. 3, and (iv) the entering into this Amendment No. 3 does not violate any provision of any other Agreement to which said Party is bound.
(SIGNATURES ON FOLLOWING PAGE)
Item 1F - Page 9
AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT No. A6938 RICONDO & ASSOCIATES, INC.

FOR SERVICES AT PALM SPRINGS INTERNATIONAL AIRPORT
IN WITNESS WHEREOF, the City and the Consultant have caused this Amendment No. 3 to be executed the day and year first above written.

CITY OF PALM SPRINGS:

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By:____________________________ City Attorney City Clerk
APPROVED:

By: ____________________________ Date: __________________________ City Manager
APPROVED BY CITY COUNCIL:

Date: Item No.

CONSULTANT : RICONDO & ASSOCIATES, INC.

Address: 20 N. Clark Street, Suite 1500
Chicago, IL 60602
By:___________________________ By:_____________________________ Bryan O. Elliott Garrett Bond
Title: Vice President Title: Controller
Date: _________________________ Date: __________________________ Item 1F - Page 10
EXHIBIT “A-1”

ADDITIONAL SCOPE OF WORK
[ATTACHED]
Item 1F - Page 11

ATTACHMENT B

PUBLIC INTEGRITY DISCLOSURE FORM
Item 1F - Page 12
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 (Principal Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other 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 _________________________________________________  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 ____________________________________
Ricondo & Associates, Inc.
20 N. Clark Street, Suite 1500, Chicago, IL 60602
2111 Palomar Airport Road, Suite 350, Carlsbad, CA 92011 Illinois
Ramon Ricondo
R. Douglas Trezise
Bryan O. Elliott
Item 1F - Page 13
~------------"-✓'------
✓
✓
✓
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

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 100%
Ricondo & Associates, Inc. Employee
Stock Ownership Trust.

Neil Brozen as Trustee
November 4, 2022
Item 1F - Page 14
-------
__ ___J___ __ I
Ricondo & Associates, Inc. Officer/Director Information Employee BOD Officer Officer Address Title
Bonnie Ossege X 312 WALNUT STREET SUITE 3310 CINCINNATI, OH 45202 Vice-President Bryan Elliott X 312 WALNUT STREET SUITE 3310 CINCINNATI, OH 45202 Vice-President Chad Townsend X 700 17TH STREET SUITE 1200 DENVER, CO 80202 Vice-President Colleen Quinn X 20 N. CLARK ST. SUITE 1500 CHICAGO, IL 60602 Senior Vice-President Darrin Mckenna X 515 KING ST. SUITE 500 ALEXANDRIA, VA 22314 Vice-President James Branda X 20 N. CLARK ST. SUITE 1500 CHICAGO, IL 60602 Vice-President James Jarvis X X 515 KING ST. SUITE 500 ALEXANDRIA, VA 22314 Senior Vice-President Jeffrey Stanley X 20 N. CLARK ST. SUITE 1500 CHICAGO, IL 60602 Vice-President John Williams X 2 N. CENTRAL AVE. SUITE 1800 PHOENIX, AZ 85004 Senior Vice-President Joseph Chang X 515 KING STREET SUITE 500 ALEXANDRIA, VA22314 Vice-President Joseph Huy X X 2111 PALOMAR AIRPORT ROAD SUITE 350 CARLSBAD, CA 92011 Senior Vice-President Kristina Woodward X X 20 N. CLARK ST. SUITE 1500 CHICAGO, IL 60602 Vice-President Max Kiesling X 909 LAKE CAROLYN PARKWAY SUITE 850 IRVING, TX 75039 Vice-President Michael Boland X 20 N. CLARK ST. SUITE 1500 CHICAGO, IL 60602 Vice-President Paul Hanly X X 20 N. CLARK ST. SUITE 1500 CHICAGO, IL 60602 Senior Vice-President, Vice-Chairman of the Board, Assistant Secretary, Assistant Treasurer Pedro Ricondo X X 1000 NW 57TH COURT SUITE 920 MIAMI, FL 33126 Senior Vice-President R. Douglas Trezise X X 20 N. CLARK ST. SUITE 1500 CHICAGO, IL 60602 Senior Vice-President, Chairman of the Board, Secretary, Treasurer Ramon Ricondo X 20 N. CLARK ST. SUITE 1500 CHICAGO, IL 60602 President, Assistant Secretary, Assistant Treasurer Stephen Culberson X X 20 N. CLARK ST. SUITE 1500 CHICAGO, IL 60602 Vice-President Item 1F - Page 15

ATTACHMENT C

RICONDO PROPOSAL LETTER DATED
NOVEMBER 10, 2022
Item 1F - Page 16
312 WALNUT STREET | SUITE 3310 | CINCINNATI, OH 45202 | TEL 513-651-4700 | WWW.RICONDO.COM November 10, 2022
Victoria A. Carpenter
Airport Administration Manager
Palm Springs International Airport
3400 E. Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Scopes of Work & Budgets for Additional Airport Business and Financial Consulting Services (Revised)
Dear Victoria:

Thank you for allowing Ricondo & Associates, Inc. (Ricondo) the opportunity to submit this letter proposal to provide additional airport business and financial consulting services to the Palm Springs International Airport (Airport). This letter offers the following six distinct proposals for additional services requested by the City of Palm Springs Aviation Department (City) and is made in accordance with Section 1.8 of Ricondo’s January 2, 2017 Professional Services Contract with the City:

1. RATES AND CHARGES SUPPORT SERVICES
This task includes ongoing rates and charges support to assist with the negotiation of the new Airport Use and Lease Agreement (AULA) and the City’s implementation of a new rates and charges methodology to be effective in FY 2024. In 2017, Ricondo, in conjunction with Airport staff, developed the new rates and charges model which has been updated by Ricondo since its creation 5 years ago. Ricondo has provided ongoing support and updates to the rates and charges model to assist with the airline negotiation process and proposes to continue to offer support to Airport staff for continued updates and training. The following rates and charges support services covered under this task include the following:
▪ Addressing airline requests to compare FY 2019 rates against projected FY 2023 rates using both hybrid and residual cost center approaches
▪ Developing hybrid rates “post-revenue sharing” i.e., “effective rates” ▪ Applying CRRSAA/ARPA funds to offset Airport operating expenses in FY 2023 – 2024 ▪ Inputting Airport FY 2021 Actual and FY 2023 Budget data into the rates and charges model and providing summary analyses to Airport staff
▪ Updating a summary document for Airport staff to assist in discussions with the Airport Commission and City Council regarding the new rates and charges methodology ▪ Changing the Joint Use Charge methodology as requested by Airport staff ▪ Incorporating new/updated data for airline activity for the 5-year projection period ▪ Preparing airline cost per enplaned passenger projections by airline Exhibit A-1 Item 1F - Page 17
g I RICONDO®
Victoria A. Carpenter
Palm Springs In ternational Airport
November 10, 2022

Page 2 ends

▪ Revising the airline revenue sharing methodology approach ▪ Preparing rates and charges and cost per enplaned passenger projections for a potential new entrant airline
▪ Inputting Airport FY 2022 Actual and FY 2024 Budget data into the rates and charges model ▪ Preparing airline settlement calculations for FY 2022 and determining a strategy in conjunction with Airport staff for the application of these funds in FY 2023 or to inform the airline negotiation process ▪ Conducting an on-site training session on the rates and charges model with Airport and City staff. The intent of this training session is to familiarize current City staff with the functionality of the rates and charges model so as to enable City staff to use the model for future budgets, annual airline settlement, and planning. Ricondo will prepare all materials to be discussed during the training session, including an instruction sheet describing the general layout and use of the rates and charges model.

2. ONGOING AIRPORT USE AND LEASE AGREEMENT SUPPORT
Ricondo understands the City’s intent to distribute executable copies of the new AULA to airlines by the end of Calendar Year 2022. Ricondo will support Airport staff in finalizing and distributing the AULA, with specific tasks to include the following:
▪ Participation in three additional virtual meetings with Airport staff and the airlines, including assisting Airport staff with responding to airline comments
▪ Preparation of a draft and final AULA text and exhibits, including assistance with facilitating the execution of the new AULA
▪ Supporting Airport staff with briefings to City Council as needed.

3. PASSENGER FACILITY CHARGE APPLICATION #1 AND APPLICATION #2 AMENDMENT SERVICES – TYPE A AMENDMENTS
Ricondo will provide airport business and financial consulting services to the City related to the development and implementation of Type A amendments to Passenger Facility Charge (PFC) Application #1 (Application 1) and PFC Application #2 (Application 2) in accordance with Federal Aviation Administration (FAA) regulations. The Application 1 Type A Amendment will address the completion of Project 01-001, “Airport Terminal Expansion, Phases IA – IIA” while the Application 2 Type A Amendment will address additional costs for Project 02-016 “PFC Development and Implementation Assistance.” The objective of this task is for Ricondo to support the City with the preparation and coordination of the process required by the FAA for these Type A Amendments. Services to be provided by Ricondo associated with the Type A Amendments for Application 1 and Application 2 include:
▪ Preparation of Draft Type A Amendment Packages – This sub-task includes Ricondo conducting a Project Kick-Off Meeting with the City to discuss total debt service payments made by the City for Project 01-001; reviewing and comparing actual debt service expenditures to approved PFC project Exhibit A-1 Item 1F - Page 18
g I RICONDO®
Victoria A. Carpenter
Palm Springs In ternational Airport
November 10, 2022

Page 3 ends

collection authority; preparing draft FAA Form 5500-1 and FAA-SOAR Amendment Request Forms; preparing current and proposed PFC collection authority and forecast expiration date tables; drafting the amendment requests for FAA’s review; conducting FAA coordination meetings regarding the Type A Amendments for Application 1 and Application 2 details, procedures, and draft review. It is assumed that all meetings described in this sub-task will be conducted virtually. ▪ Preparation and Submittal of the PFC Type A Amendments - This sub-task includes the preparation and submission of the PFC Type A Amendment package requests to the FAA. Ricondo will prepare a transmittal letter to the FAA requesting the PFC amendments and will prepare final versions of the PFC Type A Amendments to include FAA Form 5500-1; FAA-SOAR PFC Amendment Form; supporting tables and documentation depicting the current and proposed status of PFC impose and use authority for the City and PFC revenue collection projections; the request to exclude a class of air carriers from the requirement to collect a PFC; and any additional information required by the FAA. Once compiled, the final PFC Type A Amendments will be submitted to the City for filing with the FAA. For purposes of this scope of work, It is assumed that the Type A Amendment for Application 2 will be filed in conjunction with the Type B Amendment described in Section 4 of this letter.
▪ Preparation of Air Carrier Notification of PFC Amendment Approval – Following FAA approval of the PFC Type A Amendments, Ricondo will prepare notification letters for the City to transmit to the air carriers. The air carrier notification letters will include the level of PFC to be imposed; total revenue to be collected; the charge effective date; the proposed charge expiration date; a copy of the FAA’s notice of approval; and the address where remittances and reports are to be filed by air carriers.

4. PASSENGER FACILITY CHARGE APPLICATION #2 AMENDMENT SERVICES – TYPE B

AMENDMENT
Ricondo proposes to assist the City with the development and implementation of an amendment to PFC Application #2 (Amendment 2) in accordance with FAA regulations. Ricondo understands that the City intends to amend Project 02-015, “Design Upgrade to Inbound Baggage Claim System” by an amount that exceeds the $1 million threshold, requiring a Type B amendment, which also requires an air carrier consultation meeting. The objective of this task is for Ricondo to support the City with the preparation and coordination of the process required by the FAA for Amendment 2.

Services to be provided by Ricondo associated with the Type B Amendment for Project 02-015, Design Upgrade to Inbound Baggage Claim System include:
▪ Preparation of Draft Type B Amendment Package – This sub-task includes Ricondo conducting a Project Kick-Off Meeting with the City to discuss previous funding sources and justification for the requested increase in project funding; reviewing and comparing projected actual expenditures to Exhibit A-1 Item 1F - Page 19
g I RICONDO®
Victoria A. Carpenter
Palm Springs In ternational Airport
November 10, 2022

Page 4 ends

approved PFC project collection authority; preparing FAA Form 5500-1 and FAA-SOAR Amendment Request Forms; preparing current and proposed PFC collection authority and forecast expiration date tables; reviewing the 2021 ACAIS Report to determine what air carriers will receive the amendment request Notice / prepare mailing addresses; drafting the amendment request for FAA’s review; and conducting FAA coordination meetings regarding amendment details, procedures, and draft review. It is assumed that all meetings described in this sub-task will be conducted virtually. ▪ Preparation of the Air Carrier Consultation and Public Notice Documentation – This sub-task includes preparation of the Air Carrier Consultation Notice for the City to submit to all air carriers having a significant business interest at the Airport at least 30 days prior to the date of the Air Carrier Consultation Meeting. The Air Carrier Consultation Notice will be prepared after the FAA has provided comments on the amendment request described in the previous section. The Air Carrier Consultation Notice will include the justification for the amendment; the PFC collection level, the estimated charge expiration date and the estimated total of PFC revenue; the identification of any class of air carrier to be excluded from collection of a PFC; and the date, time, and location of Air Carrier Consultation Meeting. A Public Notice will also be prepared for posting on the City’s website which will contain the same material presented in the Air Carrier Consultation Notice. ▪ Coordination of the Air Carrier Consultation Meeting - Ricondo will attend and lead the Air Carrier Consultation Meeting at the Airport, provide details regarding the amendment request to the air carriers, and ensure that all required topics are covered as required by the FAA. City staff will be in attendance to lead the discussion of technical aspects regarding the project being considered for amending. Ricondo will prepare the Air Carrier Consultation Meeting materials; conduct the Air Carrier Consultation Meeting; and respond to air carrier comments. ▪ Preparation and Submittal of the PFC Type B Amendment - This sub-task includes the preparation and submission of the PFC Type B Amendment package request to the FAA. Ricondo will prepare a transmittal letter to the FAA requesting the PFC amendment and prepare a final version of the PFC Type B Amendment submittal to include FAA Form 5500-1; FAA-SOAR PFC Amendment Form; supporting tables and documentation depicting the current and proposed status of PFC impose and use authority for the City and PFC revenue collection projections; the request to exclude a class of air carriers from the requirement to collect a PFC; and any additional information required by the FAA. Once compiled, the final PFC Type B Amendment will be submitted to the City for filing with the FAA.
▪ Preparation of Air Carrier Notification of PFC Amendment Approval – Following FAA approval of the PFC Type B Amendment, Ricondo will prepare a notification letter for the City to transmit to the air carriers. The air carrier notification letter will include the level of PFC to be imposed; total revenue to be collected; the charge effective date; the proposed charge expiration date; a copy of the FAA’s notice of approval; and the address where remittances and reports are to be filed by air carriers.

Exhibit A-1 Item 1F - Page 20
g I RICONDO®
Victoria A. Carpenter
Palm Springs In ternational Airport
November 10, 2022

Page 5 ends

5. PASSENGER FACILITY CHARGE APPLICATION #3 (23-03-C-00-PSP) SERVICES Ricondo proposes to provide airport business and financial consulting services to the City related to the development and implementation of Passenger Facility Charge Application No. 23-03-C-00-PSP (Application 3) to the FAA for authority to impose and use PFC revenues to fund various capital projects at the Airport. The objective of this task is for Ricondo to support, prepare, and submit Application 3 to the FAA for PFC impose and use authority at a $4.50 per enplaned passenger level to fund, in whole or part, the local share of the following four (4) projects:
▪ Construct Inbound Baggage Claim System Upgrades
▪ Design and Construction of Inline Baggage Handling System Expansion ▪ Design and Construct Passenger Screening Area Expansion; and ▪ PFC Administrative Services
Services to be provided by Ricondo associated with the preparation of Application 3 include:
▪ Project Kick-off Meeting and Data Request – Ricondo will conduct a Kick-Off Meeting with the City to discuss the proposed projects, the City’s funding plans, and formulate a data request to submit to the City to obtain necessary material for preparation of draft Application 3. Ricondo’s data request will seek information from the City to allow Ricondo to prepare draft project description, objective, and justification statements. In addition, Ricondo will also seek information from the City regarding proposed project start and completion dates; supporting exhibits and diagrams to aid the development of project descriptions; detailed funding plans, to include sources of funding; inbound and outbound Baggage Handling System (BHS) and passenger demand studies; detailed terminal space documentation for preparation of a terminal eligibility analysis by Ricondo; and airspace, Airport Layout Plan (ALP), and environmental review status for each project. All projects submitted as part of Application 3 will be required to be identified on the latest ALP (if applicable) and have approved environmental and airspace determinations by the FAA. As part of the data request, the City will provide Ricondo with all applicable ALP approval dates, FAA airspace reviews, and FAA environmental determination forms.
▪ Prepare draft Application 3 – following receipt of data and information from the City, Ricondo will prepare draft Application 3 and submit it to the City for review and comment. Upon completion of the City’s review, Ricondo will prepare an updated version of draft Application 3 and return it to the City for distribution to the FAA. Ricondo will participate in up to 3 virtual meetings with the FAA to review draft Application 3. Once FAA feedback on draft Application 3 is received, Ricondo will prepare an updated draft version incorporating this feedback. ▪ Preparation of the Air Carrier Consultation and Public Notice Documentation – Ricondo will prepare an Air Carrier Consultation Notice for the City to submit to all air carriers having a significant business interest at the Airport at least 30 days prior to the Air Carrier Consultation Meeting. The Air Carrier Consultation Notice will be prepared after the FAA has provided comments on draft Exhibit A-1 Item 1F - Page 21
g I RICONDO®
Victoria A. Carpenter
Palm Springs In ternational Airport
November 10, 2022

Page 6 ends

Application 3 described in the previous section. The Air Carrier Consultation Notice will include description, justification, and objective statements for each project; proposed project start and completion dates; and detailed project funding plans. In addition, the Air Carrier Consultation Notice will include the PFC collection level, the estimated charge expiration date, and the estimated total PFC revenue for Application 3; the identification of any class of air carrier to be excluded from collection of a PFC; and the date, time, and location of Air Carrier Consultation Meeting. A Public Notice will also be prepared for posting on the City’s website which will contain the same material presented in the Air Carrier Consultation Notice.
▪ Coordination of the Air Carrier Consultation Meeting - Ricondo will attend and lead the Air Carrier Consultation Meeting at the Airport, provide details regarding Application 3 to the air carriers, and ensure that all required topics are covered as required by the FAA. City staff will be in attendance to lead the discussion of technical aspects of Application 3. Ricondo will prepare the Air Carrier Consultation Meeting materials; conduct the Air Carrier Consultation Meeting; and respond to air carrier comments.
▪ Preparation and Submittal of Application 3 - This sub-task includes the preparation and submittal of the Application 3 to the FAA. Ricondo will prepare a transmittal letter to the FAA as well as the final version of Application 3 to include FAA Form 5500-1; the current 5- year Airport Capital Improvement Plan; project description, justification, and objective statements; supporting tables and documentation projecting the current and proposed status of PFC impose and use authority for the City and PFC revenue collection projections; the request to exclude a class of air carriers from the requirement to collect a PFC; and any additional information required by the FAA. Once compiled, the final Application 3 will be submitted to the City for filing with the FAA. ▪ Preparation of Air Carrier Notification of Application 3 Approval – Following FAA approval of Application 3, Ricondo will prepare a notification letter for the City to transmit to the air carriers.

The air carrier notification letter will include the level of PFC to be imposed; total revenue to be collected; the charge effective date; the proposed charge expiration date; a copy of the FAA’s notice of approval; and the address where remittances and reports are to be filed by air carriers.

6. MISCELLANEOUS ON-CALL AIRPORT BUSINESS AND FINANCIAL CONSULTING SERVICES Ricondo will provide miscellaneous on-call airport business and financial consulting support services to the City. As applicable, Ricondo will provide deliverables including excel analyses, emails, or memos. The form for deliverables will be determined by Ricondo in coordination with the City.

SCHEDULE AND BUDGET
Ricondo proposes to perform the scope of work for this task on a time and material basis in accordance with its January 2, 2017 Professional Services Agreement with the City for a fee of $178,716 as presented in Table 1. At such time as Ricondo has incurred 90 percent of this $178,716 budget Ricondo will advise Exhibit A-1 Item 1F - Page 22
g I RICONDO®
Victoria A. Carpenter
Palm Springs In ternational Airport
November 10, 2022

Page 7 ends

the City in writing, if necessary, of any additional budget requirements to complete any outstanding work effort or to complete additional miscellaneous work that may be assigned by the City.

Specific schedules for each of the six tasks described herein will be developed upon the issuance of a noticeto-proceed to Ricondo.

Thank you again for considering this request for additional services and budget to support the Airport with these initiatives. If the scopes and budgets are acceptable, it is respectfully requested that the City issue written authorizations to Ricondo. We look forward to continuing to collaborate with you on these assignments.

Sincerely,
RICONDO & ASSOCIATES, INC.

Bryan O. Elliott, A.A.E.

Vice President

ENCLOSURE
Exhibit A-1 Item 1F - Page 23
Table 1
Labor/Fee Estimate Summary (Ricondo & Associates) - Additional Airport Business and Financial Consulting Services for Palm Springs International Airport Billing Rate: $ 290 $ 270 $ 250 $ 230 $ 210 $ 159
Task Description Officer Director
Managing
Consultant
Senior
Consultant Consultant Admin. Total Labor Expenses1Total Task No & Description
1 Rates and Charges Support Services 16 0 40 16 128 0 200 $ 45,200 $ 4,800 $ 50,000 2 Ongoing Airport Use and Lease Agreement Support 40 0 12 8 16 16 92 $ 22,344 $ - $ 22,344 3 PFC Application #1 and Application #2 Amendment Services - Type A 5 7 8 9 20 12 61 $ 13,518 $ - $ 13,518 4 PFC Application #2 Amendment Services - Type B 3 33 0 43 0 0 79 $ 19,670 $ 2,400 $ 22,070 5 PFC Application #3 (23-03-C-00-PSP) Services 10 72 0 135 0 0 217 $ 53,390 $ 2,400 $ 55,790 6 Miscellaneous On-Call Airport Business and Financial Consulting Services 8 0 20 0 32 6 66 $ 14,994 $ - $ 14,994 82 112 80 211 196 34 715 $ 169,116 $ 9,600 $ 178,716
SOURCE: Ricondo & Associates, Inc., November 2022.

Note:
1/ Assume 2 Ricondo employees to PSP for rates and charges model training session.

Labor Estimate (Hours) Fee Estimate ($)
Total
Exhibit A-1 Item 1F - Page 24

CITY COUNCIL STAFF REPORT
12/05/2022
SUBJECT:

A REQUEST BY VIA ONERA SOLEDAD, LLC FOR APPROVAL OF AN
AFTER-THE-FACT ART MURAL TITLED “SOFIA’S TRANSFORMATION”

LOCATED ON THE EAST ELEVATION OF THE PERIMETER WALL AT A HOTEL, SPIRIT OF SOFIA, LOCATED AT 1491 SOUTH VIA SOLEDAD (CASE 22-001 MUR) RECOMMENDATION:

1. Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AFTER-THE-FACT ART MURAL TITLED “SOFIA’S TRANSFORMATION” INSTALLED ON THE EAST

ELEVATION OF THE PERIMETER WALL AT A HOTEL, SPIRIT OF SOFIA, LOCATED AT 1491 SOUTH VIA SOLEDAD (CASE 22-001 MUR).

Attachments
Item 1G

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2022 CONSENT CALENDAR
SUBJECT: A REQUEST BY VIA ONERA SOLEDAD, LLC FOR APPROVAL OF AN AFTER-THE-FACT ART MURAL TITLED “SOFIA’S TRANSFORMATION”

LOCATED ON THE EAST ELEVATION OF THE PERIMETER WALL AT A HOTEL, SPIRIT OF SOFIA, LOCATED AT 1491 SOUTH VIA SOLEDAD (CASE 22-001 MUR)
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Planning Services
SUMMARY:

This is a request for the City Council to consider the approval of an after-the-fact art mural titled “Sofia’s Transformation” installed on the east (parking lot-facing) elevation of the perimeter wall at a hotel, Spirit of Sofia, located at 1491 South Via Soledad in accordance with Palm Springs Municipal Code Chapter 5.81.

RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AFTER-THE-FACT ART MURAL TITLED “SOFIA’S TRANSFORMATION” INSTALLED ON THE

EAST ELEVATION OF THE PERIMETER WALL AT A HOTEL, SPIRIT OF SOFIA, LOCATED AT 1491 SOUTH VIA SOLEDAD (CASE 22-001 MUR).

BUSINESS PRINCIPAL DISCLOSURE:

The applicant is Via Onera Soledad, LLC, which is owned by Blink Data Services, LLC.

Blink Data Services, LLC is co-owned by two individuals named Benjamin Wolff and Jonathan Cole. The Public Integrity Disclosure Form is included as Attachment C.

BACKGROUND:

The applicant submitted an Art Mural application, Case 22-001 MUR, to the Department of Planning Services for the approval of an after-the-fact art mural titled “Sofia’s Transformation”, which is installed on the east elevation of the perimeter wall at a hotel, Spirit of Sofia, located at 1491 South Via Soledad. The art mural was installed by an artist Item 1G - Page 1
City Council Staff Report
December 5, 2022 -- Page 2
Case 22-001 MUR
named Presa Hall using acrylic-based paint. The dimensions of the mural are 39.8 feet by 5.8 feet (232 square feet) (Attachment F).

On October 19, 2022, the Public Arts Commission reviewed the application and voted 4- 1 (Abstain: Faveau) to recommend approval to the City Council. The notice of the Public Arts Commission to consider the Art Mural application was distributed to the owners of the properties located within five hundred (500) feet of the project site. A copy of the Public Arts Commission Resolution is attached to this staff report (Attachment E).

STAFF ANALYSIS:

Pursuant to Palm Springs Municipal Code (PSMC) Section 5.81.020, an art mural is defined as follows:
“…a painting or artwork temporarily or permanently affixed to a building wall, freestanding wall, or fence, which can be seen from the public right-of-way, and is distinguished from signage in that it does not advertise a business, commercial endeavor, or product sold or offered on the site or off-site.” In the Justification Letter, the design of the art mural is described as “…a woman dancing and morphing into a hummingbird, surrounded by painterly Spanish flowers. The hummingbird symbolizes happiness and joy. It is believed by some that those who have a hummingbird as a totem can easily battle negativity. They’re also a reminder to live life to the fullest and enjoy the simple things in life…” (Attachment D). The project site is a hotel, and while the artistic expression of the art mural may be tied to the theme of the hotel, it does not depict any services or products the business has to offer. Additionally, the art mural does not include any elements that graphically convey the use of the property to the audience. Therefore, the after-the-fact art mural is not signage, and it may be permitted with Art Mural application approval.

The Art Mural application is subject to the regulations stated in Palm Springs Municipal Code (PSMC) Chapter 5.81 (“Art Murals on Private Property”). The required standards and regulations for the approval of an Art Mural application are provided in PSMC Section

5.81.060 (“Regulations”). Staff analyzed the Art Mural application in accordance with the applicable regulations below:
a. Any alteration to an approval mural shall require approval in accordance with procedures listed in Section 5.81.040.

This Art Mural application is for an after-the-fact art mural. The existing art mural is subject to the conditions of approval stated in Exhibit A of the attached draft resolution, which includes adherence to this requirement. As conditioned, the project meets this requirement.

Item 1G - Page 2
City Council Staff Report
December 5, 2022 -- Page 3
Case 22-001 MUR
b. No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed.

The after-the-fact art mural is installed on the east elevation (parking lot-facing) of the existing perimeter wall, which is approximately 5.8 feet in height. The painted art mural does not extend beyond the top of the perimeter wall, and it meets this requirement.
c. No part of a mural shall extend more than six (6) inches from the plane of the wall upon which it is tiled, painted, or affixed.

The after-the-fact art mural is painted with acrylic-based paint, and it does not project more than six inches from the background wall. Therefore, it meets this requirement.
d. Unless otherwise authorized by City Council upon making findings of no resulting impacts, no mural may consist of, or contain, electrical or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every 24 hours).

The after-the-fact art mural is painted with acrylic-based paint, and it does not contain any electrical or mechanical components. Therefore, it meets this requirement.
e. No mural shall be placed on a lot that is improved with only one single-family residential structure and accessory structures.

The after-the-fact art mural is installed on the perimeter wall of a hotel property; therefore, the project meets this requirement.
f. No mural shall be arranged and illuminated in a manner that will produce light intensity of greater than three foot candles above ambient lighting, as measured at the property lie of the nearest residential zoned property.

The after-the-fact art mural is non-illuminated, and there is no proposal to install exterior lighting fixtures to illuminate the art mural as a part of this application.

Therefore, the project meets this requirement.
g. Digitally printed image murals shall receive approval of both the Fire Department and Department of Building and Safety.

The after-the-fact art mural is hand-painted with acrylic-based paint; therefore, the project conforms to this requirement.

Item 1G - Page 3
City Council Staff Report
December 5, 2022 -- Page 4
Case 22-001 MUR
h. A mural shall not be created without the final authorization of the Palm Springs City Council.

The applicant is seeking approval of an after-the-fact art mural via an Art Mural application, Case 22-001 MUR. With City Council approval, the project meets this requirement.

Palm Springs Municipal Code Section 5.81.050 (“Requirements”) requires the property owner to record a covenant stipulating that the art mural will be maintained at all times in full compliance with the requirements of PSMC Chapter 5.81. The execution of this covenant is required as a condition of approval of this request as stated in Exhibit A of the attached draft resolution (Attachment B).

ENVIRONMENTAL ASSESSMENT:

The installation of the art mural is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and it has been determined to be categorically exempt from further environmental review pursuant to Section 15301(a) of the CEQA Guidelines (Class 1, Existing Facilities). The projects categorized under Class 1 exemption include minor alterations to an existing private structure which do not involve any expansion of the existing use.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

A. Vicinity Map
B. Draft Resolution
C. Public Integrity Disclosure Form
D. Justification Letter
E. Resolution No. 22-001 MUR (Public Arts Commission)
F. Exhibits
Item 1G - Page 4

ATTACHMENT A
Item 1G - Page 5
Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
Case 22-001 MUR
1491 South Via Soledad (APN: 508-344-009)
“Sofia’s Transformation”
Item 1G - Page 6
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ATTACHMENT B
Item 1G - Page 7
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN AFTERTHE-FACT ART MURAL TITLED “SOFIA’S TRANSFORMATION” LOCATED ON THE EAST

ELEVATION OF THE PERIMETER WALL AT A HOTEL,
SPIRIT OF SOFIA, LOCATED AT 1491 SOUTH VIA
SOLEDAD (CASE 22-001 MUR).

WHEREAS, Ben Wolff of Via Onera Soledad, LLC (“Applicant”) has filed an Art Mural application with the City pursuant to Chapter 5.81 of the Palm Springs Municipal Code (PSMC) for the approval of an after-the-fact art mural titled “Sofia’s Transformation” located on the east (parking lot-facing) elevation of the perimeter wall at a hotel, Spirit of Sofia, located at 1491 South Via Soledad, Zone R-2/R-3 (Case 22-001 MUR) (“Application”).

WHEREAS, on October 19, 2022, the Public Arts Commission considered the application at a meeting and voted 4-1 (Abstain: Faveau) to recommend approval of the Application by the City Council.

WHEREAS, on December 5, 2022, the City Council considered the Application at a regularly scheduled public meeting in accordance with applicable law.

WHEREAS, the application is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and is exempt from further environmental review pursuant to Section 15301 (“Existing Facilities”) of the CEQA Guidelines.

WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the Application, including, but not limited to, the staff report, and all written and oral testimony presented.

WHEREAS, pursuant to Palm Springs Municipal Code Section 5.81.060 (“Regulations”), the City Council finds as follows:
a. Any alteration to an approval mural shall require approval in accordance with procedures listed in Section 5.81.040.

The after-the-fact art mural is installed on the east elevation (parking lot-facing) of the existing perimeter wall, which is approximately 5.8 feet in height. The Item 1G - Page 8
Resolution No. _____

Page 2 ends

painted art mural does not extend beyond the top of the perimeter wall, and it meets this requirement.
c. No part of a mural shall extend more than six (6) inches from the plane of the wall upon which it is tiled, painted, or affixed.

The after-the-fact art mural is non-illuminated, and there is no proposal to install exterior lighting fixtures to illuminate the art mural as a part of this application.

Therefore, the project meets this requirement.
g. Digitally printed image murals shall receive approval of both the Fire Department and Department of Building and Safety.

The after-the-fact art mural is hand-painted with acrylic-based paint; therefore, the project conforms to this requirement.
h. A mural shall not be created without the final authorization of the Palm Springs City Council.

The applicant is seeking approval of an after-the-fact art mural via an Art Mural application, Case 22-001 MUR. With City Council approval, the project meets Item 1G - Page 9
Resolution No. _____

Page 3 ends

this requirement.

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

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

SECTION 2. That the City Council hereby approves Case 22-001 MUR for an after-the-fact art mural installed on the east (parking lot-facing) elevation of the perimeter wall at a hotel, Spirit of Sofia, located at 1491 South Via Soledad, subject to the conditions of approval attached herein as Exhibit A.

ADOPTED THIS 5TH DAY OF DECEMBER, 2022.

TERESA GALLAVAN

INTERIM CITY MANAGER
ATTEST:

BRENDA PREE, MMC

CITY CLERK
Item 1G - Page 10
Resolution No. _____

Page 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on December 5, 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 ______________, _________.

BRENDA PREE, MMC

CITY CLERK
Item 1G - Page 11

EXHIBIT A
Case 22-001 MUR
“Sofia’s Transformation”
1491 South Via Soledad
December 5, 2022

CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the Director of Planning Services, the Director of Building and Safety, or the Director of Community and Economic Development, depending on which department recommended the condition.

Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney.

ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case 22-001 MUR, except as modified by the conditions below.

ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved application, on file in the Department of Planning Services, except as modified by the conditions below.

ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply.

ADM 4. Minor Deviations. The Director of Planning Services or his designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code.

ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 22-001 MUR. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in Item 1G - Page 12
Resolution No. _____

Page 2 ends

the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.

ADM 6. Covenant. The covenant shall be delivered to the Office of the City Clerk for recordation in a form approved by the City Attorney, unless otherwise waived.

The covenant shall provide that the mural will be installed and maintained at all times in full compliance Chapter 5.81 of the Palm Springs Municipal Code. In addition, the covenant shall remain in force for as long as the mural exists.

ADM 7. Maintenance Plan. Via Onera Soledad, LLC, the property owner(s), or any successors and assignees in interest shall maintain and repair the mural in accordance with the maintenance plan approved in conjunction with this application. This condition shall be included in the recorded covenant agreement for the property as required by the City.

ADM 8. Grounds for Revocation. Non-compliance with any of the conditions of this approval or with City codes and ordinances may result in proceedings to revoke the approval. In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law.

PLANNING DEPARTMENT CONDITIONS
PLN 1. Lighting. There shall be no direct illumination of the art mural. If proposed, the illumination shall be submitted for review by the Department of Planning Services for conformance to Chapter 5.81 of the Municipal Code prior to installation.

PLN 2. Removal of Mural. Should the mural be removed in the future, the property owner shall contact the Department of Planning Services prior to the painting of the affected area. Minor architectural (MAA) review may be required.

PLN 3. Alterations. Any alteration to the approved art mural shall be reviewed and approved in accordance with Palm Springs Municipal Code Section

5.81.060(a).

PLN 4. Covenant. A covenant shall be executed and delivered to the Office of the City Clerk for recordation in a form approved by the City Attorney, unless otherwise waived. The covenant shall provide that the mural will be installed and maintained at all times in full compliance with this Chapter. In addition, the covenant shall remain in force for as long as the mural exists.

Item 1G - Page 13
Resolution No. _____

Page 3 ends

END OF CONDITIONS
Item 1G - Page 14

ATTACHMENT C
Item 1G - Page 15
Item 1G - Page 16

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Via Onera Soledad LLC
Address of Entity (Principle Place of Business)
2016 Malvern Hill Dr, Austin, TX 78745
Local or California Address (if different than #2)
1491 S Via Soledad, Palm Springs, 92264
State where Entity is Registered with Secretary of State Texas
If other than California, is the Entity also registered in California?r:7 Yes n No Type of Entity
D Corporation [!] Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identlfy all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Jonathan Cole
[!] Officer D Director [!] Member D Manager
[name] D General Partner D Limited Partner
• Other
Benjamin Wolff [!] Officer D Director [!] Member D Manager [name] D General Partner D Limited Partner
• Other
Blink Data Services LLC D Officer D Director [!] Member [!] Manager [name] D General Partner D Limited Partner
• Other

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)
Item 1G - Page 17

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

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

Blink Data Services LLC
100% owner of Via Onera Soledad LLC
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.

Benjamin Wolff 50% owner of Blink Data Services LLC
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.

Jonathan Cole 50% owner of Blink Data Services LLC
[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 PENAL TY 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 p~· Benjamin Wolff, CEO 07/10/2022

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

ATTACHMENT D
Item 1G - Page 18
Item 1G - Page 19
Justification Letter:

The Exterior Mural at 1491 Via Soledad, Palm Springs CA, 92264 is called "Sofia's Transformation." The mural depicts a woman dancing and morphing into a hummingbird, surrounded by painterly Spanish flowers. The hummingbird symbolizes happiness and joy. It is believed by some that those who have a hummingbird as a totem can easily battle negativity.

They're also a reminder to live life to the fullest and enjoy the simple things in life. Upon observing the mural in perso~ you might catch one of the many hummingbirds who frequent the hotel pausing to drink from the nectar of the living flowers surrCluuding the mural.

Sofia's transformation into a hummingbird represents the transformation so many come to of Palm Springs for. People come here to be free, live their best life and be their truest self, in whichever physical fo~ gender expression or gender identity they feel happiest. P.S. is their safe place; a place where they have inimite space to allow transformation to happen. We hope "The Spirit of Sofia" can also become that safe plac.e for its visitors and that the mural sparks joy and happiness, not just for the visito~ but also the entire neighborhood.

The Artis: Presa Hall
https:/ /www.artbypresa.com/about-the-artist
About the Artist:

Originally from Utah, Presa Hall was raised in an artistic household. Art has been apart of her life since she could remember. At 2 she would paint with her older sister ( who attended Art school). Her sister was surprised at how well she painted so she gave her projects to work on . .M 5 .she"WDD.lier 1ir.st :aw.antful' :a l)Drttatt of Nancy Kmipn .it was mentioned in the Salt Lake Tribune. Because of this Presa's parents encourage her gift by giving her all the tools to create.

Presa starting painting portraits and creating murals for her local community in her teens.

After college she moved to NYC to pursue her art more fervently. Having her first solo show after one year and exhibiting her work in several galleries and shows throughout NY. After NY she moved to Miami to be apart of the growing art community and showing her work in galleries and Art Basel shows .. Durnw tis-time shelmsireaittavelingta many differeutcines-~ the country doing moral work for private or commercial use .. She uses-her home studio ta do non_ mural commission work for her clients .. Her work has been bought from clients all over the world and her mural work can be seen in many different cities throughout the cmmtiy ..

Education: Artist Internship- Fine Artist Laetitia Soulier, New York, NY 2013 Associate of Science in Music, and Fine Art - Salt Lake Community College Nikon School of photography - BONAIRE Netherlands Advanced Photoshop - Compumatics School in Los Angeles Press:

Presa Hall: Through the eyes of a Black Sheep, Article, NY Centric Magazine April 2014 Artograma Artist spotlight New York January 2014 December Artist spotlight- New York Centric Magazine, November 2013 "Alive exhibit that caught my curiosity" -JDAlady: CNN

RECEIVED
tVlLd- MAY 2 4 2022
dJ-OG'\ PLANNING SERVICES
ncotlRTMENT
Item 1G - Page 20
article Apr, 2012 http://ireport.cnn.com/docs/DOC-770370 Solo Exhibitions: 2019 Spectrum Miami, Florida, December 5/4/22, 11 :06 AM ABOUT - Art by Presa https://www.artbypresa.com/about-the-artist 4/6 2016 Spectrum Miami, Florida, December 2015 Become Art Solo Exhibiton, Gallery 212, Miami, Florida, August 2015 Solo Exhibition Jet Set Franklin, Miami Beach, Florida, June -Aug 2013 "Chaos in my head" -The Space-New York, NY, Nov 2013 2013 "In my dreams" solo exhibition: New York, NY, June 2012 Solo Exhibit, Villa Pacri, NY June Group Exhibitions 2019 Reddot, The Gallery Steiner 2015 Wynwood art walk featured artist, May-July 2014 Spectrum-Artograma December 2014 Artist spotlight Barezzito: August 2013 Scope Art Fair: December 2013 Heath Gallery "6x6 show: April 2013 The Armory, Hangar Gallery March 2012 Wynwood Art Walk Mural : Dec 2011 Hanger Gallery : Dec, 2011 Six Summit Gallery: November Awards: 5/4/22, 11:06 AM ABOUT-Art by Presa https://www.artbypresa.com/about-the-artist 5/6 :: New Master Artist 2013 Top Public 50- 75 :: :: New Master Artist 2012 Top Public 100 and Top 10 Expert Rated:: Voted as one of the Top 100 Artists by the public and Top 10 Expert Rated for 2012, 2013 :: WorkingTitle365 2012 Winner : : Collections: Vip Murals- Omni Resort and Hote4 Oklahoma City. Sculpture "The Blossoms" Renaissance Marriot Hotel Public Collection, New York City, NY ,Lower east side 90' feet x 40' mural, Private Collection Real New York, New York, NY Whale Tale Painting, Private collection of Dan Hurt, Florida Musician Stylized painting of Prince, The Private Collection of Ann Avery, Miam

ATTACHMENT E
Item 1G - Page 21
Item 1G - Page 22
RESOLUTION NO. 22-001 MUR

A RESOLUTION OF THE PUBLIC ARTS COMMISSION OF

THE CITY OF PALM SPRINGS, CALIFORNIA,

APPROVING AN AFTER-THE-FACT ART MURAL
APPLICATION FOR "SOFIA'S TRANSFORMATION" FROM

VIA ONERA SOLEDAD LLC BY ARTIST PRESSA HALL

LOCATED ON THE EAST (PARKING LOT FACING)
ELEVATION OF THE PERIMETER WALL AT 1491 SOUTH
VIA SOLEDAD (CASE 22-001 MUR)
WHEREAS, the City Council created according to Chapter 2.24 of the Palm Springs Municipal Code (Section 2.24.010) the Public Arts Commission; and WHEREAS, the City Council created according to Chapter 5.81 of the Palm Springs Municipal Code (Section 5.81.010) the process and procedures for the installation of original art murals on private property; and
WHEREAS, at the October 19, 2022, Public Arts Commission Meeting, it was determined that the "SPIRIT OF SOFIA" mural on the property located at 1491 SOUTH VIA SOLEDAD, meets the requirements set forth in Chapter 5.81 of the Palm Springs Municipal Code, Art Murals on Private Property; and
NOW, THEREFORE, be it resolved that the Public Arts Commission recommends:

THAT THE CITY COUNCIL APPROVE AN AFTER-THE-FACT
ART MURAL APPLICATION FOR "SOFIA'S
TRANSFORMATION" FROM VIA ONERA SOLEDAD LLC BY

ARTIST PRESSA HALL LOCATED ON THE EAST (PARKING

LOT FACING) ELEVATION OF THE PERIMETER WALL AT
1491 SOUTH VIA SOLEDAD
ADOPTED the 19TH day of October, 2022
irector
& Economic Development Department
Item 1G - Page 23

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss. CITY OF PALM SPRINGS )
I, JAY VIRATA, hereby certify that Resolution No. 22-001 MUR is a full, true and correct copy, and was duly adopted at a meeting of the Public Arts Commission of the City of Palm Springs on October 19, 2022, by the following vote:

AYES: PRITCHARD, ARMSTRONG, NEWKIRK, LESNIAK
NOES:

ABSENT:

ABSTAIN: FAVEAU
t , Irector
& Economic Development Department

ATTACHMENT F
Item 1G - Page 24
Item 1G - Page 25
Spirit of Sofia Exterior Mural Information
Location: 1491 S Via Soledad, Palm Springs, California 92264 Concept Art and Rendering
11\U(L
J )).-()01

ECEIVED

5.) Entry Mural Enti;~ Dancing Woman Morphing into flower and humming bird The Spirit of Sofia
Description
Exterior Entry Mural- Custom Design- Silhouette's of woman (Sofia) morphing into flowers -humming bird(s)-
Size

5.83'x 39.81'
MAY 2 4 2022

PLANNING SERVICES

DEPARTMENT
Sq Footage
232
Item 1G - Page 26
Exterior Entry Mural
ARTIST Agrees to make custom design mural of woman (Sofia) as silhouettes in various colors morphing into a hummingbird with added flowers and embellishments to compliment the area and space. In addition, any elements of the exterior mural need to be .considerate of locals in the design process. Artist agrees to provide any and all materials and equipment to execute the project within the original scope of theme.

Art work Rendering
Finished Mural
Item 1G - Page 27
Maintenance Plan
This mural was painted by Presa Hall an experienced professional commercial artist using professional grade acrylic based exterior paint. A high-quality exterior topcoat VandlGuard® Five Anti-Graffiti Coating has been applied May 2022. This topcoat sustains repeated graffiti removals for 5 years, UV resistant and will not yellow, Contains zero voe, no carcinogens, no odor. Will secure the longevity of the mural for up to 5 years. Every 5 years another topcoat will need to be applied for lasting mural protection. Please contact artist for any additional information needed.

Respectfully,
Presa Hall
Company: ART BY PRESA LLC

FINE ART
Miami, New York, Los Angeles
Cell: (917) 455-1977
Office: (917) 575-2448
www .ArtbyPresa.com
Item 1G - Page 28
Release of Liability
I represent that the individual named below is the sole artist to the aforesaid original work, which I have furnished hereunder at 1491 Via Soledad Palm Springs CA, 92264. I understand that I will retain the right to use the aforementioned work for self-promotion purposes.

I also agree to indemnify and hold harmless the Oty of Palm Springs, and their respective directors, officers, agents and employees and assigns, against and from any and all daims, liability, loss and damage, induding reasonable attorney's fees, caused by or arising wholly or in part, due to the owner's failure to maintain the mural in good clean and first-class condition to the reasonable satisfaction of the Oty as determined by the Oty Manager.

In addition to all remedies provided for by law if the owner fails to maintain the mural the City at its option may require the owner to remove the mural and restore the property to its original condition, or enter upon the property and either perform all the necessary repairs or remove the mural and charge the owner for the cost there for.

Owner recognizes that the artist(s) providing the Mural may possess certain rights under the federal Visual Artists* Rights Act of 1990 (VARA) (17 U.S.C. 8$106A. 113) and/or the California Art Preservation Act (CAPA) (Cal. Ovil Code $987.) (Collectively. the *Artist's Rightsna Artist hereby agrees to waive and disdaim any rights that are inconsistent with the Oty's rights to seek the remedies set forth in the prior paragraph above.

I certify under Penalty of Perjury under the laws of the State of California that the foregoing is true and correct.

Witness my hand and official seal.

Seal
RECEIVE~~,
MAY t 4 · -.

PLANNING SERVICES

DEPARTMENT
Item 1G - Page 29
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
u nm fl *•~~~DL~~~
A notary public or other officer completing this certificate venftes 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 L-o::> Ar°'~el-cs
On Ma~ \°\ ,a,q;}2:: before me, \_o\,S1ece, c~ 1 ~ Pub\ I.C,. · Date Here lnsertc,m;and rltleofth Officer
personally appeared 5' 0J2,~ (1-ze:--Di kn <1 \--\-a, \ \ Name(s) of Signer(s}
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 1s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capac1ty(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. ~-···········1
..

UNIECE Cb'n'()M
: NoWy Public • C.llfcrnla I I Los Arllff M County ..

Commission f 2375426
llrf Comm. uoirts Sep, •. 2025 t
Place Notary Seal and/or Stomp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the fo1 egoing
paragraph is true and correct.

WITNESS my hand and official seal.

OPTIONAL
Completing this information can deter alteration of tile document or fraudulent reattachment of this form to an unintended document Description of Attached Document
Title or Type of Document: _________________________ _
Document Date: ____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: _____________________ _ Capacity(ies) Claimed by Slgner(s)
Signer's Name: ___________ _ Signer's Name: ___________ _ o Corporate Officer - Title(s): ______ _ D Corporate Officer - T1tle(s) ______ _ o Partner - o Limited o General D Partner - D Limited o General o Individual D Attorney in Fact o Individual o Attorney In Fact o Trustee o Guardian or Conservator o Trustee a Guardian or Conservator D Other: D Other
Signer is Representing: ________ _ Signer Is Representing: ________ _ '-12019 National Notary Association
M1304-09 (11/20)
Item 1G - Page 30
.'

NO FEE DOCUMENT
Government Code§ 6103

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(Space Above This Line For Recorder's Use Only)

COVENANT TO MAINTAIN ART MURAL ON PRIVATE PROPERTY
This Covenant to Maintain Art Mural on Private Property (this "Covenant") is made as of this _E_ day of May 20~ by Via Onera Soledad LLC[insert names of all owners(s) on vesting deed for property] ("Owner") for the benefit and in favor of the City of Palm Springs, a California charter city and municipal corporation (the "City''). 1491 S VIA ONERA SOLEDAD, PALM SPRINGS Owner is the fee title owner of that certain real property generally located at [insert address] in the City of Palm Springs, County of Riverside, State of California, identified by Riverside County Assessor's Parcel Number(s) [insert APN.tJ and more particularly and legally described as follows:
508344009
[Insert legal description)
~~;i;a~Lr~;~ii;ciAL~t;mlr;;~t~Ta"";°;11v;;~~;iL~tll~ .. ;b~;;_d;~ribedp~perty 0(he;~~;ft;: the "Property") in accordance with the requirementc, of Palm Springs Municipal Code Chapter 5.81, as may be amended from time to time, and the application approved by the Palm Springs City Council on [insert date of approval (insert CC Resolution No.)](the "Mural").

Owner hereby covenants and agrees that the Mural will be maintained at all times in full compliance with Palm Springs Municipal Code Chapter 5.81, as may be amended from time to time, and kept in a good, clean, and first class condition. Owner further covenants and agrees to perform any and all necessary repairs and maintenance of the Mural~ at Owner's sole cost and expense, to the reasonable satisfaction of City, as determined by the City Manager. If the Mural is damaged and/or not maintained to the standards set forth in this Covenant, City shall provide Owner with a written notice directing Owner to repair the Mural. In addition to all other remedies provided by law, if Owner fails or refuses repair the Mural within 30 days of the written notice, City at its option may require Owner to (l) remove the Mural and restore the Property its prior condition, or (2) enter upon the Property and either perform all necessary repairs or remove the Mural, and charge Owner for the costs therefor. In the event Owner fails to reimburse City for the reasonable repair or removal costs, City may assess its costs against the Property and establish a lien to be collected in the same manner as nuisance abatement liens pursuant to Section 11.72.265 of the Palm Springs Municipal Code, as may be amended from time to time.

Owner recognizes that the artist(s) providing the Mural may possess certain rights under the federal Visual Artists' Rights Act of 1990 (VARA) (17 U.S.C. §§ 106A, 113) and/or the California Art Preservation Act (CAPA) (Cal. Civil Code §987.) (collectively, the "Artist's Rights"). Owner shall ensure that the artist(s) providing the Mural shall waive and disclaim, in writing provided , D Artist's Rights that are inconsistent with the City's rights to seek the remedies set forth in the prior paragraph, above. MAY 2 4 2022
!069587.2
55575.l 8000\3202834 l. 1

PLANNING SERVICES

DEPARTMENT
M ltf2-- ;})--·d 6 I
Item 1G - Page 31

ACKNOWLEDGMENT
City of Palm Springs Planning Department Application Art Mural A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document
State of :GiU~ Nevada
County of _ __.c_, .... ar....,k...,_ _________ )
On ____ o_5.._.12_3.._.(2...,o ... 2_2 ____ beforeme, _ _..._1.caA.Z.aA.,,,R"'""Q~Q.So1..1\w{A....,1 .... o .... a~: .... ',1,;-,1l·E~O-'"N~ . ·~G--E~~.¥V....,U>111,1,IO.,,._. ___ _ (insert name and ttfl~\0Qf1t,~-~\<;>,fJj~er}
personally appeared eeoiaroio M Waltt Q<
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 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 PENAL TY OF PERJURY under the laws of the State of ~I& that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
LAZAROc=f,t80 LEON

NOTARY PUBLIC

STATE OF NEVADA
Appt. No. 21-4351-01
Expires May 10, 202s
Item 1G - Page 32
Spirit of Sofia Exterior Mural Information
Locafion: 1491 S Via Soledad, Palm Springs, California 92264 Concept Art and Rendering
--·---1-

5.) Entry Mural Entry- Dancing Woman Motpbjng
-
iDtD lhn,n and bumming lnrcl
The Spirit of Sofia
Description Size Sq footage
Exterior Entry Mural- Custom Design- Silhouette's of woman (Sofia) 5.83'x 39.81' 232 morphing into flowers -humming bird(s)- Item 1G - Page 33
J
Exterior Entry Mural
ARTIST Agrees to make custom design mural of woman (Sofia) as silhouettes in various colors morphing into a hummingbird with added flowers and embellishments to compliment the area and space. ln addition, any elements of the exterior mural need to be considerate of locals in the design process. Artist agrees to provide any and all materials and equipment to execute the project within the original scope of theme. ,·>,.,·.-_
,· ~-1~.
t';.
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Finished Mural
Item 1G - Page 34
Maintenance Plan
This mural was painted by Presa Hall an experienced professional commercial artist using professional grade acrylic based exterior paint. A high-quality exterior topcoat VandlGuard® Five Anti-Graffiti Coating has been applied May 2022. This topcoat sustains repeated graffiti removals for 5 years, UV resistant and will not yellow, Contains zero VOC, no carcinogens, no odor. Will secure the longevity of the mural for up to 5 years. Every 5 years another topcoat will need to be applied for lasting mural protection. Please contact artist for any additional information needed.

Respectfully,
Presa Hall
Company: ART BY PRESA LLC

FINE ART
Miami. New York. Los Angeles
Cell: (917) 455-1977
Office: (917) 575-2448
www.ArtbyPresa.com
Item 1G - Page 35
This Covenant shall remain in full force and effect for as long as the Mural exists, shall run with the land, shall be binding on Owner's successors and assigns, and shall be enforceable by and shall inure to the benefit of the City.

In the event that any action or proceeding is instituted for the interpretation or enforcement of this Covenant, the prevailing party in such action or proceeding shall be entitled to recover from the other party, all costs and expenses related to such action or proceeding, Including, without limitation all attorneys' fees and expert witness fees, both at trial and on appeal.

Owner hereby agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all actions, suits, claims, damages, losses, costs, penalties, obligations, errors, omissions or liabilities (collectively "Claims or Liabilities") arising out of or in any way connected with any act, omission or negligence of Owner, its agents, employees or contractors, or from the existence of the Mural on the Property, or related to this Covenant, including, without limitation, bodily injwy to or death of persons, injwy or damage to property and attorneys' fees, but excluding such Claims or Liabilities resulting solely from the willful misconduct of the City, its officers, agents, representatives or employees who are directly responsible to the City.

Executed this~ day of_M_a __ y _____ 20E_.

ATTEST:

By: ____________ _
City Clerk
APPROVED AS TO FORM:

By: ________ ..,.._ __
City Attorney
1069587.2
55575~18000\32028341.1
"OWNER :11/. ·
a : Via Onera Soledad LLC fl~ By! Benjamin Wolff ·
Its: Partner
"CITY"

CITY OF PALM SPRINGS,
a municipal corporation
By: ___________ _
City Manager
By: ____________ _
Item 1G - Page 36

ACKNOWLEDGEMENT
Covenant to Mantain Art Mural on Private Property
State of Gtii~Nevada
County of . Clark ) ss
On ost23.t2022 before me, LAZABQ QSYALQO LEQt:lJ CERYINQ > personally appeared BenjaminM Woltt _ .. who proved to me on the basis ot satisfactory evidence to be the person (s) whose names (s) is/are subscribed to the within instrument and acknowledged 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 ~li°i~ that the foregoing is true and correct.

Witness my hand and official seal.
(SEAL)
Notarized online using audio-video communication
1069587.2
55575, l 8000\3202834 l, l

LAZARO OSVALDO LEON

CERVINO

NOTARY PUBLIC

STATE OF NEVADA
Appt. No. 21-4351-01
Expires May 10, 2025

CITY COUNCIL STAFF REPORT
12/05/2022
SUBJECT:

CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2021-22
RECOMMENDATION:

Receive and File the City’s Development Project Fee Report for Fiscal Year 2021-22.

Attachments
Item 1H

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2022 CONSENT CALENDAR
SUBJECT: CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2021-22
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Finance and Treasury
SUMMARY:

The City is required by Government Code Section 66000 to annually prepare a report for the prior fiscal year concerning the activity of the City’s development project fees.

The report must be submitted to the City Council within 180 days of the end of the fiscal year.

RECOMMENDATION:

Receive and File the City’s Development Project Fee Report for Fiscal Year 2021-22.

STAFF ANALYSIS:

In 1987, Government Code Section 66000 became effective with the passage of Assembly Bill 1600. AB 1600 was enacted to regulate the establishment of any new development fee or fee increase after January 1, 1989.

A key provision of the legislation, namely, Section 66006 (b) (1) of the Government Code requires that local agency shall, within 180 days of the close of each fiscal year, make available to the public the following information for each separate account or fund:
(a) A brief description of the type of fee in the account. (b) The amount of the fee.
(c) The beginning and ending balance of the account.
(d) The amount of fees collected, and interest earned.
(e) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

Item 1H - Page 1
City Council Staff Report
December 5, 2022 -- Page 2
Development Project Fee Report for Fiscal Year 2021-22
(f) An identification of an approximate date by which construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
(g) A description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended. In the case of an interfund loan, an identification of that date on which the loan will be repaid, and the rate of interest the account will receive on the loan.

In Fiscal Year 2021-22, the City has five developer project fees subject to the requirements of Government Code Section 66000 -- Drainage Construction, Public Arts, Quimby Act Park, Sewer Connection Fees, and Special Development Fees. Staff has prepared the reports that provide an analysis of each fee (Attachment A).

The attached reports have been submitted to the Building Industry Association (BIA) and to the Desert Valleys Builders Association (DVBA) for their review.

FISCAL IMPACT:

The City must expend or commit developer fees from Drainage Construction Fund, Wastewater Treatment Plant Fund, Quimby Act Park Fund, Public Arts Fund, and Special Development Fund within five years of their receipt and these fees must be accounted for in a separate fund.

REVIEWED BY:

Department Director: Nancy Pauley
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

A. Development Project Fee Reports by Fund.

Item 1H - Page 2

ATTACHMENT A
Item 1H - Page 3
Government Code Section 66000 Annual Report
Special Development Fund, Fund 123
For Fiscal Year Ended June 30, 2022
Reconciliation of Fund Balance
Beginning Fund Balance 2,061,696 2,056,144
Revenues:

Developer Fees 29,754 14,894
Investment Income 36,155 277
Expenditures:

Capital Projects (55,093) (16,691)
Ending Fund Balance 2,072,512 2,054,624
Less: Committed Fund Balance (1,632,059) (1,630,262)
Balance Uncommitted 440,453 424,362
Five Year Financial Analysis
7/1/16 - 6/30/17 7/1/17 - 6/30/18 7/1/18 - 6/30/19 7/1/19 - 6/30/20 7/01/20 - 6/30/21 7/01/21 - 6/30/22 Beginning Balance 1,832,201 1,971,568 1,930,426 2,061,696 2,072,512 2,056,144 Developer Fees 92,873 27,898 36,816 29,754 8,405 14,894 Investment Income* 5,352 62,729 4,326 36,155 19,351 277 Total Revenue 98,225 90,628 41,142 65,909 27,756 15,171 Capital Project Expenditures - 500 - 55,093 44,124 16,691 Committed 1,779,309 1,778,809 1,779,309 1,632,059 1,632,059 1,630,262 Uncommitted 151,117 282,887 192,259 440,453 424,085 424,362 Transfers Out
Total 1,930,426 1,971,568 2,061,696 2,072,512 2,056,144 2,054,624 Five Year Revenue Test Using First In First Out
7/1/16 - 6/30/17 7/1/17 - 6/30/18 7/1/18 - 6/30/19 7/1/19 - 6/30/20 7/1/20 - 6/30/21 7/1/21 - 6/30/22 Current 98,225 41,142 90,628 65,909 27,756 15,171
Prior Year (2-Years) 118,243 98,225 41,142 90,628 65,909 27,756 Prior Year (3-Years) 202,069 118,243 98,225 41,142 90,628 65,909 Prior Year (4-Years) 214,588 202,069 118,243 98,225 41,142 90,628 Prior Year (5-Years) 443,760 214,588 202,069 118,243 98,225 41,142 Prior Years (>5-Years) 853,541 1,297,301 1,511,889 1,713,458 1,776,608 1,830,709 (1) Balance 1,930,426 1,971,568 2,062,196 2,127,605 2,100,268 2,071,315 Capital Project Expenditures - - (500) (55,093) (44,124) (16,691) Ending Balance 1,930,426 1,971,568 2,061,696 2,072,512 2,056,144 2,054,624 Description of Fee: Special Development fees are assessed on new development in the Canyon Area as defined by PSMC Chapter 9.69. Special Development Fees are assessed by type of development in the Canyon Area in proportion to the costs of projects needed to be constructed due to such development for flood control and storm drainage, Road and Bridge, and Fire protection. Funding is ongoing throughout the continued development of the Canyon Area. Specified projects will be commenced when funding is accumulated to fully fund the specific project pursuant to the Canyon Master Plan.

Amount of Fee: The fees per dwelling unit or per acre are variable based upon the development and range from $0 to $2,704 per dwelling unit, or $469 to $4,213 per acre.

Interfund Transfer or Loan: None.

Amount of Refunds: None.
(1) The housing mitigation fees being held beyond the five years as described by AB 1600. This fee is being collected to finance drainage and flood control facilities, fire services, bridges and roads, needed due to new development within the canyon area.

Page 1 of 9 ends

Item 1H - Page 4
Capital Projects
Description Expenditures
7/1/21 - 6/30/22
Future
Improvements as
of 06/30/22
% of Cost Funded
with Fee
Acanto Housing 90,480 100%
El Porto Housing 184,080 100%
Monte Sereno Drainage 48,458 100%
Monte Sereno Housing 308,880 100%
Fire Station & Equipment 74,303 100%
Other Drainage 246,572 100%
Tract 36723 Housing 31,200 100%
Bridges/Roads 16,691 646,289 100%
1,630,262 16,691
Fund 123 Expenditures
City Project 06-18, S Palm Canyon Bridge Rehabilitation Dokken Engineering Design 16,691
Anticipated Project Expenditures If Sufficient Funds
Collected
June 2023
June 2023
Description of Expenditure
June 2023
June 2023
June 2023
June 2023
June 2023
June 2023

Page 2 of 9 ends

Item 1H - Page 5
Government Code Section 66000 Annual Report
Drainage Construction, Fund 135
For Fiscal Year Ended June 30, 2022
Amount of Fee: Per acre fee based on region ranging from $4,213.00 to $10,311.99 Interfund Transfer or Loan: None.

Amount of Refunds: None.

Reconciliation of Fund Balance
Beginning Fund Balance 1,340,433 1,534,394
Revenues:

Developer Fees 205,279 626,038
Investment Income 23,262 13,073
Expenditures:

Capital Projects (226,146) (72,602)
Ending Fund Balance 1,342,828 2,100,903
Less: Committed Fund Balance (499,624) (2,087,831)
Balance Uncommitted 843,204 13,072
Five Year Financial Analysis
7/1/16 - 6/30/1 7/1/17 - 6/30/18 7/1/18 - 6/30/19 7/1/19 - 6/30/20 7/1/20 - 6/30/21 7/1/21 - 6/30/22 Beginning Balance 1,206,590 1,501,957 1,453,953 1,340,433 1,342,828 1,534,394 Developer Fees 302,194 188,574 283,323 205,279 336,526 626,038 Investment Income* 3,902 44,581 3,575 23,262 13,547 13,073 Total Revenue 306,096 233,155 286,898 228,541 350,073 639,111 Capital Project Expenditures 58,734 394,679 238,894 226,146 158,507 72,602 Committed 892,743 515,770 773,950 499,624 1,534,394 2,087,831 Uncommitted 561,210 728,007 824,663 843,204 0 13,072
Transfers Out
Total 1,453,953 1,501,957 1,340,433 1,342,828 1,534,394 2,100,903 Five Year Revenue Test Using First In First Out
7/1/16 - 6/30/1 7/1/17 - 6/30/18 7/1/18 - 6/30/19 7/1/19 - 6/30/20 7/1/20 - 6/30/21 7/1/21 - 6/30/22 Current 306,096 286,898 233,155 228,541 350,073 639,111 Prior Year (2-Years) 212,361 306,096 286,898 233,155 228,541 350,073 Prior Year (3-Years) 289,299 212,361 306,096 286,898 233,155 228,541 Prior Year (4-Years) 217,174 289,299 212,361 306,096 286,898 233,155 Prior Year (5-Years) 102,785 217,174 289,299 212,361 306,096 286,898 Prior Years (>5-Years) 384,971 429,023 407,303 301,923 288,138 435,727 Balance 1,512,686 1,740,851 1,735,112 1,568,974 1,692,901 2,173,505 (1) Capital Project Expenditures (58,734) (238,894) (394,679) (226,146) (158,507) (72,602) Ending Balance 1,453,953 1,501,957 1,340,433 1,342,828 1,534,394 2,100,903 Descroiption of Fee: Drainage fees are assessed on new construction for the purpose of building and maintaining a drainage and flood control system within the City. ( 1 ) The Drainage Fees are being held beyond the five years as described by AB1600. This fee is being collected for the construction of drainage in the drainage map zones and therefore must be retained until enough fees have been collected to start construction of the project.

Page 3 of 9 ends

Item 1H - Page 6
Capital Projects
Improvement Description Expenditure
s 7/1/21 -
Future
Improvements
% of Cost
Funded with
Future Zone Projects 1,088,076 100% -
North Zone Projects 48,599 279,100 100%
Storm Drain Line 6A - 6,956 100%
Central Zone Projects- Drainage Prg 266,842 5,802 100%
Tahquitz Creek Project 79,832 - 100%
Storm Drain Line 9 200,000 - 100%
South Zone Projects 18,201 32,689 100%
Storm Drain Line 23 - 61,321 100%
East Zone Projects - 38,084 100%
Southeast Drainage - 14,498 100%
Drain Line 1 - 18,977 100%
Eagle Canyon Drainage - 1,455 100%
2,087,831 72,602
June 2023
June 2023
Anticipated Project Expenditures If Sufficient
Funds Collected
June 2023
June 2023
June 2023
June 2023
June 2023
June 2023
June 2023
June 2023
June 2023
June 2023

Page 4 of 9 ends

Item 1H - Page 7
Public Arts, Fund 150
For Fiscal Year Ended June 30, 2022
Reconciliation of Fund Balance
Beginning Fund Balance 556,107 619,864
Revenues:

Developer Fees 293,063 647,304
Investment Income 10,894 5,999
Expenditures:

Capital Projects (240,200) (79,885)
Ending Fund Balance 619,864 1,193,282
Less: Committed Fund Balance (619,864) (1,193,282)
Balance Uncommitted - -
Five Year Financial Analysis
7/1/16 - 6/30/177/1/17 - 6/30/18 7/1/18 - 6/30/19 7/1/19 - 6/30/20 7/1/20 - 6/30/21 7/1/21 - 6/30/22 Beginning Balance 480,836 532,310 606,612 556,107 619,864 619,864 Developer Fees 301,958 227,464 212,003 293,063 373,028 647,304 Investment Income* 7,272 8,184 8,738 10,894 5,502 5,999 Total Revenue 309,230 235,648 220,741 303,957 378,530 653,303 Capital Project Expenditures 183,454 211,851 295,043 240,200 314,869 79,885 Committed 394,193 380,595 358,696 619,864 683,525 1,193,282 Uncommitted 212,419 175,512 173,614 - - -
Transfers Out
Total 606,612 556,107 532,310 619,864 683,525 1,193,282 Five Year Revenue Test Using First In First Out
7/1/16 - 6/30/177/1/17 - 6/30/18 7/1/18 - 6/30/19 7/1/19 - 6/30/20 7/1/20 - 6/30/21 7/1/21 - 6/30/22 Current 309,230 235,648 220,741 303,957 378,530 653,303 Prior Year (2-Years) 337,235 220,741 309,230 235,648 303,957 378,530 Prior Year (3-Years) 251,863 309,230 337,235 220,741 235,648 303,957 Prior Year (4-Years) 185,532 337,235 251,863 309,230 220,741 235,648 Prior Year (5-Years) 156,754 251,863 185,532 337,235 309,230 220,741 Prior Years (>5-Years) 5,954,528 6,111,282 6,296,814 6,548,677 6,885,912 7,195,142 Balance 7,195,142 7,415,883 7,651,531 7,955,488 8,334,018 8,987,321 Capital Project Expenditures (6,588,531) (6,883,574) (7,095,425) (7,335,625) (7,650,494) (7,730,379) Ending Balance 606,611 532,309 556,106 619,863 683,524 1,256,942 Description of Fee: Development fees are assessed on new and re-construction, in lieu of providing public art, pursuant to PSMC Chapter 3.37 to develop and maintain a visual arts program, to add to the economic viability of the community, and to enhance the environment and unique character of the City for the acquisition and maintenance of quality works of public art.

Amount of Fee: Commercial/Industrial - 1/2% based on value; Residential - 1/4% based on value Interfund Transfer or Loan: None.

Amount of Refunds: None.

Page 5 of 9 ends

Item 1H - Page 8
Public Art Expenditures
Description Expenditures
7/1/21 -
6/30/22
Future
Improvements
as of 06/30/22
% of Cost
Funded with
Fee
Insurance 3,800 - 0%
Administrative Costs 16,605 - 100%
Art Show Awards & Supplies - - 0%
Contractual Services 15,200 - 100%
Specialized Equipment 2,617 - 0%
Acquisitions 23,300 - 100%
Misc. Artwork Maintenance 18,363 - 88%
Palm Springs Art Museum Sponsorship - - 0%
Art Installation -
FY22/23 Budget for Art Purchases &
Maintenance 1,193,282 100%
79,885 1,193,282
Anticipated Project Expenditures If Sufficient
Funds Collected
June 2023

Page 6 of 9 ends

Item 1H - Page 9
Government Code Section 66000 Annual Report
Quimby Act Fees, Fund 152
For Fiscal Year Ended June 30, 2022
Interfund Transfer or Loan: None.

Amount of Refunds: None.

Reconciliation of Fund Balance
Beginning Fund Balance 4,362,731 2,535,657
Revenues:

Developer Fees 577,622 1,256,791
Investment Income 81,573 25,390
Expenditures:

Capital Projects (1,251,719) (475,902)
Ending Fund Balance 3,770,207 3,341,936
Less: Committed Fund Balance (3,610,955) (1,670,376)
Balance Uncommitted 159,252 1,671,560
Five Year Financial Analysis
7/1/16 - 6/30/17/1/17 - 6/30/18 7/1/18 - 6/30/19 7/1/19 - 6/30/20 7/1/20 - 6/30/21 7/1/21 - 6/30/22 Beginning Balance 2,630,515 3,141,747 3,525,098 4,362,731 3,770,207 2,535,657 Developer Fees 611,509 485,161 807,973 577,622 1,033,767 1,256,791 Investment Income* 8,065 5,647 119,002 81,573 35,802 25,390 Total Revenue 619,574 490,808 926,975 659,195 1,069,569 1,282,181 Capital Project Expenditures 108,342 107,457 89,342 1,251,719 2,304,119 475,902 Committed 2,405,536 2,990,496 3,498,374 3,610,955 2,535,657 1,670,376 Uncommitted 736,211 534,602 864,357 159,252 1,671,560 (0) Transfers Out
Total 3,141,747 3,525,098 4,362,731 3,770,207 2,535,657 3,341,936 Five Year Revenue Test Using First In First Out
7/1/16 - 6/30/17/1/17 - 6/30/18 7/1/18 - 6/30/19 7/1/19 - 6/30/20 7/1/20 - 6/30/21 7/1/21 - 6/30/22 Current 619,574 490,808 926,975 659,195 1,069,569 1,282,181 Prior Year (2-Years) 334,128 619,574 490,808 926,975 659,195 1,069,569 Prior Year (3-Years) 448,873 334,128 619,574 490,808 926,975 659,195 Prior Year (4-Years) 503,461 448,873 334,128 619,574 490,808 806,893 Prior Year (5-Years) 285,724 503,461 448,873 334,128 619,574 - Prior Years (>5-Years) 1,058,329 1,235,711 1,631,715 1,991,246 1,073,655 (1) - Balance 3,250,089 3,632,555 4,452,073 5,021,926 4,839,776 3,817,838 Capital Project Expenditures (108,342) (107,457) (89,342) (1,251,719) (2,304,119) (475,902) Ending Balance 3,141,747 3,525,098 4,362,731 3,770,207 2,535,657 3,341,936 Capital Projects
Description Expenditure
s 7/1/21 -
6/30/22
Future
Improvements
as of 06/30/22
% of Cost
Funded with
Fee
Demuth Park - Dog Park 1,439,200 100%
Restrooms @ Desert Highland Park 178,611 62,744 100%
Downtown Park 297,291 18,432 100%
Pickelball Courts 150,000
475,902 1,670,376
June 2024
June 2023
Description of Fee: Quimby fees are assessed on new residential construction for the purpose of funding public park acquisition and capital improvements to park facilities. The City has a Parks and Recreation Master Plan and the General Plan contains standards for parks and recreational facilities to be Amount of Fee: Based on number of bedrooms per residential dwelling unit ranging from $750 to $1,500 (1) Quimby fees being held beyond the five years as described by AB 1600. These fees are assessed in proportion to new residential development in the City to ensure the expansion of park and recreational facilities to meet the needs of the rising population caused by the new residential development.

Anticipated Project Expenditures If Sufficient
Funds Collected
June 2023
June 2023

Page 7 of 9 ends

Item 1H - Page 10
Government Code Section 66000 Annual Report
Wastewater Treatment, Fund 420
For Fiscal Year Ended June 30, 2022
Amount of Fee: Residential - $1,006 / dwelling unit; Commercial Industrial - Variable per fixture rate Interfund Transfer or Loan: None.

Amount of Refunds: None.

Reconciliation of Fund Balance
Beginning Fund Balance 6,049,531 7,659,128
Revenues:

Developer Fees 608,185 573,704
Investment Income 38,556 -
Expenditures:

Capital Projects (45,739) 686,136
Ending Fund Balance 6,650,533 8,918,968
Less: Committed Fund Balance (826,321) (7,009,517)
Balance Uncommitted 5,824,212 1,909,451
Five Year Financial Analysis
7/1/16 - 6/30/17 7/1/17 - 6/30/18 7/1/18 - 6/30/19 7/1/19 - 6/30/20 7/1/20 - 6/30/21 7/1/21 - 6/30/22 Beginning Balance 4,814,285 5,612,335 5,845,742 6,049,531 6,650,533 7,659,128 Developer Fees 873,452 747,011 947,157 608,185 1,019,845 573,704 Investment Income* 4,989 6,456 51,358 38,556 - -
Total Revenue 878,441 753,467 998,516 646,741 1,019,845 573,704 Capital Project Expenditures 80,392 520,060 794,726 45,739 11,250 (686,136) Committed 4,989,264 4,461,206 5,271,478 826,321 7,170,244 7,009,517 Uncommitted 623,071 1,384,536 778,053 5,824,212 488,884 1,909,451 Total 5,612,335 5,845,742 6,049,531 6,650,533 7,659,128 8,918,968 Five Year Revenue Test Using First In First Out
7/1/16 - 6/30/17 7/1/17 - 6/30/18 7/1/18 - 6/30/19 7/1/19 - 6/30/20 7/1/20 - 6/30/21 7/1/21 - 6/30/22 Current 878,441 753,467 998,516 646,741 1,019,845 573,704 Prior Year (2-Years) 888,557 878,441 753,467 998,516 646,741 646,741 Prior Year (3-Years) 1,114,692 888,557 878,441 753,467 998,516 998,516 Prior Year (4-Years) 673,754 1,114,692 888,557 878,441 753,467 753,467 Prior Year (5-Years) 589,626 673,754 1,114,692 888,557 878,441 878,441 Prior Years (>5-Years) 1,547,656 2,056,891 2,210,585 2,530,550 3,373,368 4,240,560 (1) Balance 5,692,727 6,365,802 6,844,257 6,696,272 7,670,378 8,091,428 Capital Project Expenditures (80,392) (520,060) (794,726) (45,739) (11,250) 686,136 Ending Balance 5,612,335 5,845,742 6,049,531 6,650,533 7,659,128 8,777,564 Description of Fee: Sewer connection fees are assessed to recover the costs of wastewater infrastructure needed to serve new development, as well as the costs for increasing capacity of existing facilities to serve growth. ( 1 ) The Sewer Connection Fees are being held beyond the five years as described by AB1600. This fee is being collected to recover the costs of wastewater infrastructure needed to serve new development, as well as the costs for increasing capacity of existing facilities to serve growth. The City adopted a 5-Year Capital Repair and Rehabilitation Plan ("CIP"), on April 22, 2021, identifying $76,000,000, in infrustructure repairs, replacement, of rehabilitation; and therefore these fees must be retained until enough fees have been collected to construct the project.

Page 8 of 9 ends

Item 1H - Page 11
Capital Projects
Expenditures
7/1/21 - 6/30/22
Future
Improvements as
of 06/30/22
% of Cost Funded
with Fee
Anticipated
Project
Expenditures If
Sufficient Funds
Indian Canyon Widening over UPRR and Sewer Line Extension 2,821,112 1,888 28.23% June 2024 Tahquitz Creek Levee Certification 44,090 20 28.23% June 2023 Solar PV at Wastewater Treatment Plant 28.23% June 2023 61,866 Bogert Trail Sewage Lift Station 716,336 28.23% June 2024 Wastewater Capital Improvement Plan and Rate Study 28.23% Complete Groundwater Monitoring Well Construction and Decommissioning 28.23% Complete WWTP Fire Sprinkler and Alarm System Upgrades 28.23% Complete WWTP Biosolids Handling Area 307,780 28.23% Complete Sewer Manhole Rehabilitation 28.23% Complete
WWTP Digester No. 2 Cleaning Project 28.23% Complete
WWTP Digester No. 2 and Gas Flare Improvements 97,360 467,240 28.23% June 2024 WWTPGeneral Sitework and Paement Replacement 42,345 28.23% June 2024 WWTP Sludge Drying Beds 33,312 287,352 28.23% June 2024 WWTP demolition of Abandoned Headworks, Primary Clarifier, Sand Filter 520,208 28.23% June 2024 WWTP Filtrate Pump Station Upgrades 37,080 63,136 28.23% June 2024 WWTP Biosoldis Dewatering Facility Projects 1,976,022 66 28.23% June 2026 WWTP Block Wall 14,587 12,227 28.23% June 2023
WWTP Fiber Optic Line 28.23% Complete
Arnico Tract Sewer Phase 4 21,278 6,952 28.23% June 2023 Sewer Repairs Project 28.23% Complete 163,394
Grease Trap Subsidy Program 28.23% Complete
7,009,517 686,136
Description

Page 9 of 9 ends

Item 1H - Page 12

CITY COUNCIL STAFF REPORT
12/05/2022 CONSENT CALENDAR
SUBJECT:

A REQUEST BY MICHELLE RODRIGUEZ AND TIZIANO VANNONI, OWNERS,

FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1722 SOUTH PALM CANYON DRIVE, A CONTRIBUTING

STRUCTURE IN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT (APN #511-070-002), (HSPB #73 / HD-2)
RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Michelle Rodriguez and Tiziano Vannoni, and the Royal Hawaiian Estates Homeowners Association.

1. 2. Authorize the Interim City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

Attachments
Item 1I

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2022 CONSENT CALENDAR
SUBJECT: A REQUEST BY MICHELLE RODRIGUEZ AND TIZIANO VANNONI,

OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY
PRESERVATION AGREEMENT FOR 1722 SOUTH PALM CANYON

DRIVE, A CONTRIBUTING STRUCTURE IN THE ROYAL HAWAIIAN
ESTATES HISTORIC DISTRICT (APN #511-070-002), (HSPB #73 / HD-2) FROM: Teresa Gallavan, Interim City Manager
BY: Planning Services Department
SUMMARY:

This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with Michelle Rodriguez and Tiziano Vannoni (owners) and the Royal Hawaiian Estates Homeowners Association. The intent of this contract is to require maintenance and preservation of 1722 South Palm Canyon Drive, a contributing structure in a Citydesignated historic district, in exchange for possible property tax relief as determined by the Riverside County tax assessor.

RECOMMENDATION:
1) Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Michelle Rodriguez and Tiziano Vannoni, and the Royal Hawaiian Estates Homeowners Association.
2) Authorize the Interim City Manager to execute the Agreement. 3) Direct the City Clerk to record the Agreement with the County of Riverside.

STAFF ANALYSIS:

On February 3, 2010, the City Council designated Royal Hawaiian Estates (HSPB #73/ HD-2) a historic district via Resolution No. 22657. The Council identified seven buildings as contributing resources in the historic district. The dwelling at 1722 South Palm Canyon Drive is one of the contributing structures within the historic district.

Pursuant to California Government Code Sections 50280 – 50290, upon the application of an owner of any qualified historic property, the legislative body of a city may contract with the owner or agent to restrict the use of the property to carry out the purposes and goals of historic preservation of the property. Such a contract is commonly referred to as Item 1I - Page 1
City Council Staff Report
December 5, 2022 – Page 2
Mills Act Agreement – 1722 South Palm Canyon Drive
a “Mills Act Agreement” and it provides for possible alternative property tax rate calculations in exchange for specific and ongoing preservation and maintenance of the property, specifically its historically significant elements and characteristics.

BELOW IS AN ARCHITECTURAL FEATURE OF THE COMMUNITY

Pursuant to California Government Code Section 50280.1, a “qualified historical property” means a privately-owned property which is not exempt from property taxation and is listed in any state, city, or county official register of historical or architecturally significant sites, places, districts, or landmarks. The dwelling at 1722 South Palm Canyon Drive meets this definition because it is a part of a contributing structure within the Royal Hawaiian Estates Historic District in the City of Palm Springs register of Historic Sites and Districts as site HSPB #73 / Historic District #HD-2.

FISCAL IMPACT:

Approval of this Mills Act contract may result in a decrease in the property tax collected for the subject property.

REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

A. Vicinity Map
B. Resolution 22657
C. Letter from the Homeowners Association dated September 13, 2022 D. Letter from the owners dated September 30, 2022
Item 1I - Page 2

ATTACHMENT A
Item 1I - Page 3
Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
1722 S Palm Canyon Drive
Item 1I - Page 4
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ATTACHMENT B

Item 1I - Page 5
Item 1I - Page 6
RESOLUTION NO. 22657

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DESIGNATING THE

ROYAL HAWAIIAN ESTATES CONDOMINIUM LOCATED
AT 1774 S. PALM CANYON DRIVE AS A HISTORIC
DISTRICT.

WHEREAS, Chapter 8_05 of the Palm Springs Municipal Code allows for the establishment of historic districts; and
WHEREAS, on August 25, 2009, the representative of the Royal Hawaiian Estates Condominium Homeowners Association, Bill Lewallen, filed an application requesting a historic district be established for the condominium development; and WHEREAS, notice of a public hearing of the Historic Site Preservation Board of the City of Palm Springs to consider designation of the subject property as a Class 1 historic site was issued in accordance with applicable law; and WHEREAS, on November 10, 2009, Board voted 5 to 2 (Grattan and Strahl opposed) to recommend that the City Council establish a historic district for the condominium development; and
WHEREAS, on February 3, 2010, the City Council conducted a public hearing, following notification in the manner prescribed by law, at which hearing the Council received a staff report, associated exhibits and historical research, and written and oral testimony; and
WHEREAS, the City Council has reviewed and considered all of the evidence in connection with the proposed district, including but not limited to the staff report, application and historical research, and all written and oral testimony presented.

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

SECTION 1. That the proposed historic district is Categorically Exempt from environmental review, in accordance with Section 15331 (Historical Resources Restoration/Rehabilitation) of the California Environmental Quality Act (CEQA), as the proposed historic district meets the conditions outlined for preservation of a historic resource.

SECTION 2_ That the proposed Royal Hawaiian Estates Condominium Historic District conforms to the definition of a historic district, as contained in Section

8.05.020.b of the Palm Springs Municipal Code, because the proposed district meets the following findings of Section 8.05.020.a:

Item 1I - Page 7
Resolution No. 22657
Page2

1. The properties reflect and exemplify a particular period of the national, state or local history, because the Royal Hawaiian Estates' unique architectural detailing is an excellent example of its type, period, and method of construction. The complex completed in two phases in 1961 and 19621 as designed by architects Wexler and Harrison reflects one of the Desert Modern styles, as applied to multi~family development in Palm Springs in the early 1960's. The architects' successful and unique interpretation of Polynesian architectural forms in an International Style, along with their use of bold color and geometric shapes and forms adds to the importance of these buildings. Defining historic characteristics of the buildings include:
a. Exaggerated gables aver the ends of the buildings.
b. Projecting slanted ridge beams.
c. Elaborately detailed wooden Tiki-Style elements.
d. Triangular clerestory windows and vaulted ceilings.
e. Large stylized "Outrigger", "Flying Sevens".
f. Orange painted cement plaster triangle as part of "outriggers". g. Wood diagonal sid[ng.
h. Natural rock building walls.

1. Concrete block screen at pool painted orange.

J. Tiki-Style statues and stone carvings.

2. The properties embody the distinctive characteristics of a type, period or method of construction, because the Royal Hawaiian Estates condominium complex was built over a two year period and remains largely intact: All twelve buildings and the surrounding site retain the look of their original design and construction. The Desert Polynesia time period which took root in the early sixties was one of several modern design themes that advanced the idea of indoor/ outdoor living possibilities in Palm Springs. The Desert Polynesian style was short-lived, but resulted in the unique architectural elements of the Royal Hawaiian Estates.

3. The properties present the work of a master builder, designer, artist, or architect whose individual genius influenced his age; or that possesses high artistic value, because the Royal Hawaiian Estates present the work of one of Palm Springs' (and the Coachella Valley's) most prolific and accomplished architectural team of Donald Wexler and Rick Harrison. Wexler and Harrison's skills as architects in the early 1960's are clearly reflected in the condominium development which is a good example of contemporary Polynesian-influenced design concepts. The complex is one of the few remaining Tiki-Style buildings in Palm Springs and is of importance as an example of this architectural style as designed by a master architect and builder.

SECTION 4. That the Royal Hawaiian Estates Condominium, including twelve multi~unit residential buildings and all associated landscaping and grounds are hereby established as the Royal Hawaiian Estates Historic District, subject to the following conditions:

Item 1I - Page 8
Resolution No. 22657
Page3

1. The property owner shall permit the City to place at 177 4 S. Palm Canyon Drive a historic marker of the City's choosing_ The marker shall be placed in a location visible from the public right-of-way. The owner shall maintain the marker in the location installed and pay for the replacement cost if the plaque is lost, stolen, or otherwise removed from the property.

2. That the City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of this resolution.

3. Any alterations or modifications to the exterior approved prior to the designation of this site by the City Council shall be deemed acceptable_ SECTION 5. That all structures and site landscaping of the Royal Hawaiian Estates Condominiums site are hereby designated "contributing structures'' of the Royal Hawaiian Estates Historic District, and are therefore subject to the following conditions.

4. All future modifications to all contributing structures and site features, including but not limited to building, landscaping, lighting, walls, and fences shall require Architectural Approval pursuant to Section 94.04.00 of the Palm Springs Zoning Ordinance and HSPB review pursuant Municipal Code Ordinance 8.05.180.

5. No permit shall be issued for the alteration of the landscaping or building exterior, including any and all of the defining elements and characteristics without prior approval by the Historic Site Preservation Board.

ADOPTED THIS 3RD DAY OF FEBRUARY, 2010_
ATTEST:

Item 1I - Page 9
Resolution No. 22657
Page4

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22657 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 3rd day of February, 2010, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember Foat, Councilmember Weigel, Mayor Pro Tern Hutcheson, and Mayor Pougnet.

Councilmember Mills_
None.

None.
_ mes Thomps~n, City c.lerk. t 1, 1.Jzi::;-1-;_ 1ty of Palm Springs, Cahfornra6<?/ 6 1 ' :

ATTACHMENT C

Item 1I - Page 10
Item 1I - Page 11
Cit 11 of Pal .)Qr ngs
Pt- nnir g p merit Ser/c@s
Ato
. ea s.i in p.artk;·~ant o' th~ ", lls f , !"t C ntri-ct r-er1ent vtit own=r~ Tiz.iano Van.n n an M -cnelle R · r guaz" 17 2 South =>a J anyo r ~ m S nrgs, CA 92264. n r -... ;ds to LJmt #17 2, th wn rs ofth1s ,,mt a-es o• .. In: =r G-t ~re;- d f:Nlr Rov aw nan e.
_
.
_ Ls 2,-, are p ann ng t tuft s n _d of _!'ti
reo lt Ir acc,:,'"'dan~.e with tnt: origin~ des,,.; irte . of Arc; tect$ oraftr /dex e,- o·t"'fl n
yal ~a't1,14a ·,an Estates
AP r.· e ... t 2. 21.

ATTACHMENT D

Item 1I - Page 12
Item 1I - Page 13
Michelle Rodriguez & Tiziano Vannoni
1722 S Palm Canyon Drive
Palm Springs, CA 92264
September 30, 2022
Ken Lyon
Historic Preservation Officer
City of Palm Springs Historic Site Preservation Board
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Mr Lyon,

RECEIVED
OCT 2 5 2022

PLANNING SERVICES
{11=P/\_P...-""r.:t-.•T
We are the owners of 1722 South Palm Canyon Drive, Palm Springs, CA 92264 (APN number 511070002- Legal Description PAR 5 RS 032/069), which is in the Royal Hawaiian Estates development. The Royal Hawaiian Estates became a Class 1 Historic District in February 2010. We are writing to kindly request that the City execute the Mills Act agreement between ourselves and the City. Enclosed is the check for $1274 to begin the application process.

After purchasing 1722 S Palm Canyon Drive, we restored the terrazzo floor in the kitchen area and have plans to bring back the two bathrooms to their original style (we inherited them redone in a contemporary style) and change the modern bamboo floors to period-correct cork flooring.

Other original features, like the original mounted oven, the original electric stove, and kitchen cabinetry, are intact but in need of repair. We look forward to the Mills Act economic incentives to help finance the restorations in the above list and maintaining this historic property designed by Donald Wexler.

If you have any questions or need additional information, you may contact us at [email protected] or (646) 696-0132.

Thank you for your help in this process.

Best Regards, Michelle Rodriguez
Enclosures: pictures of the exteriors of our unit at The Royal Hawaiian Estates ~4 - o-,o -C62--

CITY COUNCIL STAFF REPORT
12/05/2022
SUBJECT:

APPROVAL OF AGREEMENT NO. A9291 WITH PARK CONSULTING GROUP

FOR CONTINUED IMPLEMENTATION AND SUPPORT SERVICES RELATED TO TYLER ENERGOV IN AN AMOUNT NOT TO EXCEED $273,900
RECOMMENDATION:

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

Attachments
Item 1J

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF AGREEMENT NO. A9291 WITH PARK CONSULTING

GROUP FOR CONTINUED IMPLEMENTATION AND SUPPORT

SERVICES RELATED TO TYLER ENERGOV IN AN AMOUNT NOT TO
EXCEED $273,900
FROM: Teresa Gallavan, Interim City Manager
BY: Information Technology Department
SUMMARY:

Approval of this agreement with Park Consulting Group will provide support services to complete the Tyler EnerGov Land Management System Implementation.

RECOMMENDATION:
1) In accordance with Section 7.05.030 of the Palm Springs Municipal Code, “Special Expertise Procurement”, approve Agreement No. A9291 (Attachment A) with Park Consulting Group to provide implementation, support services and project management to complete the Tyler EnerGov Land Management System implementation for an initial amount of $249,000 with an allowance of up to 10% additional cost (not to exceed $273,900).
2) Authorize the Interim City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure Form for Park Consulting Group, Inc. is included as Attachment B.

BACKGROUND:

In 2020, the City Council approved a five-year agreement with Tyler Technologies, Inc. for cloud-based Enterprise Resource Planning software (ERP). The software was purchased to replace and consolidate systems used by Finance, Planning, City Clerk, Building and Safety, Engineering, Facilities, Fleet, Office of Special Programs, Code Enforcement, and the Fire Department.

Item 1J - Page 1
City Council Staff Report
December 5, 2022 - Page 2
Approve Agreement – Park Consulting Group.

Staff began implementing EnerGov, the Land Management System (LMS) portion, in January of 2021. The EnerGov LMS is designed to automate and centrally connect critical processes including land use planning and project review, regulatory management, inspections, code enforcement, and citizen requests. The original completion date was scheduled for first quarter 2022 but the project quickly fell behind schedule due to internal staffing constraints, the pandemic, and various resource issues at Tyler.

In a project of this scale, staff time represents about seventy percent of the project implementation. Reductions in staffing and attrition forced staff to only focus on day-today operations and reduced the ability for staff to work on the project. Quality resources from Tyler were also scarce through the pandemic, which further contributed to the project challenges. These issues combined resulted in delays and issues with configurations and put the project at risk of substantial delay.

In May of 2022, staff attended the Tyler user conference. During the conference, staff consulted with other municipalities who had completed or were in the process of implementing the Tyler LMS. It became readily apparent that with a project of this scope, consultants with LMS implementation experience were required. These types of consultants have deep knowledge of the LMS system and have worked with other municipalities which gives them insight into best practices for configuring, implementing, and maintaining an LMS.

In July of 2022, staff solicited quotes for a consultant to assess the current state of the project and determine next steps to get the project back on track. It was estimated that the assessment would take approximately two weeks. Staff requested and received three quotes for project management and implementation services. Staff selected Park Consulting Group (PCG) to perform the assessment based on price, recommendations from other Cities, and their success rate implementing LMS projects at over twenty-five organizations. Staff issued PCG a purchase order in July of 2022 for $15,000 to provide these needed assessment services.

As PCG began assessing the project, major issues were discovered which required greater resources than the original PO authorized. Based on their findings at the time, PCG provided a scope of work totaling $65,000 to work through the identified issues. The scope was presented under the assumption that the work that had already been completed was correct, and PCG would be pushing the project forward through completion. In September of 2022, staff processed a change order to the PO and reallocated resources that were originally allocated to be spent with Tyler consultants to PCG.

While working through the project scope, PCG discovered several misconfigured modules, improper fee setups, and identified many LMS features that would provide a superior level of service to constituents that were not configured or planned for go live.

The entire project was re-scoped to include all digital services and modules that were not originally planned on being used in the original scope. PCG also uncovered some module licenses will not be used in the implementation that can be cancelled. This will result in Item 1J - Page 2
City Council Staff Report
December 5, 2022 - Page 3
Approve Agreement – Park Consulting Group.
approximately $40,000 per year in recurring savings.

STAFF ANALYSIS:

Based on the issues uncovered after a complete review of the LMS, collaboration with staff, and the urgency to finish the project, additional services from PCG for the LMS Project are required. PCG has done an outstanding job of getting the project back on track and assisted staff with completing the tasks required to move into the testing phases and eventually go live. Staff does not have the deep expertise that PCG has with over twenty-five successful EnerGov implementations to keep the project moving forward.

PCG has identified a complete scope for project management and implementation services that will position the City to go live in the second quarter of 2023. PCG has also committed for this to be a not-to-exceed engagement for the proposed project scope. If additional issues or problems are discovered through the implementation process, they will be resolved within the proposed budget at no additional charge.

Pursuant to the provisions of the Procurement Ordinance 7.05.030 Special Expertise procurement, a Contract may be awarded without competition when it is determined by the Director that an unusual or unique situation exists, in that due to experience and expertise demonstrated in prior Contracts with the City, or experience or expertise with similarly described Contracts with other public agencies, a particular Contractor is uniquely qualified for a particular Procurement, that makes the application of this Title contrary to the public interest. Any special expertise Procurement shall be made with such competition as is practicable under the circumstances. The reason the Special Expertise exception is being used is to allow the firm to continue the work they have already started as they have developed a specialized knowledge of the City’s needs. There are potentially other firms that can do this work, but the cost and time to start over would not be in the City’s best interest and would further complicate the completion of this project.

Staff recommends approving Agreement No. A9291 with Park Consulting Group to provide project management and implementation services in an amount not to exceed $273,900.

ENVIRONMENTAL ASSESSMENT:

Item 1J - Page 3
City Council Staff Report
December 5, 2022 - Page 4
Approve Agreement – Park Consulting Group.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

The amount of $273,900 is available in the Capital Projects Fund, Technology Fee account budget, Project 22-09-1.

REVIEWED BY:

Procurement Manager: Kim Baker
Dept. Assistant Director: Jason Underwood
Department Director: Larry Klingaman
Finance Director: Nancy Pauley
Deputy City Manager: Jeremy Hammond
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

A. Agreement and Quote
B. Business Disclosure Form
Item 1J - Page 4

ATTACHMENT A

Item 1J - Page 5
Revised 2.9.22 Page 1 of 16
CONSULTING SERVICES AGREEMENT A9291
(Implementation Services for Tyler Tech EnerGOV Project) THIS AGREEMENT FOR CONSULTING SERVICES (“Agreement”) is made and entered into on December 5, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Park Consulting Group, Inc., a California Corporation, (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a consultant, for _Implementation Services for Tyler Tech EnerGov Project, (“Project”).

B. Consultant has submitted to City a proposal to provide _Implementation Services, to City under the terms of this Agreement.

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

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

AGREEMENT

1. CONSULTANT SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide _Implementation_ services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant 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 practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

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

Item 1J - Page 7
Revised 2.9.22 Page 2 of 16

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

1.4 Familiarity with Work. By executing this Agreement, Consultant 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 Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONSULTANT

3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $249,000.00 (Two hundred forty-nine thousand dollars.

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

3.3 Changes. In the event any change or changes in the Scope of Services/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:

Item 1J - Page 8
Revised 2.9.22 Page 3 of 16

4. PERFORMANCE SCHEDULE

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

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

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 7 months, commencing on December 5, 2022, and ending on June 30, 2023, unless extended by mutual written agreement of the parties.

4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant 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, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant 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. Consultant 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 Consultant's deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the City's corrective action.

Item 1J - Page 9
Revised 2.9.22 Page 4 of 16
Consultant may not terminate this Agreement except for cause upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified Services and work: Glenn Park, President and Principal Consultant. 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 Consultant and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

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

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

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

Item 1J - Page 10
Revised 2.9.22 Page 5 of 16

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

Name: Title:

Glenn Park President and Principal Consultant

5.6 California Labor Code Requirements.

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

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

6. INSURANCE
Consultant 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, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its Item 1J - Page 11
Revised 2.9.22 Page 6 of 16
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 (Consultant’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 Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’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 Consultant’s indemnification obligation or other liability under this Agreement. Consultant’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 Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’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, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

8. RECORDS AND REPORTS

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

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant 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. Consultant may retain copies Item 1J - Page 12
Revised 2.9.22 Page 7 of 16
of such documents for Consultant's own use. Consultant 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 Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

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

9. ENFORCEMENT OF AGREEMENT

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

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

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting 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 Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies Item 1J - Page 13
Revised 2.9.22 Page 8 of 16
shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.6 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 consultant 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 Consultant, 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 Consultant or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant 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. Consultant warrants that Consultant 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, Consultant 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”). Consultant 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, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant 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 Consultant 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 nondiscrimination in city contracting.

Item 1J - Page 14
Revised 2.9.22 Page 9 of 16

11. MISCELLANEOUS PROVISIONS

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Park Consulting Group, Inc.

Attention: Glenn Park
200 Spectrum Center Drive
Suite 300
Irvine, CA 92618

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

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

Item 1J - Page 15
Revised 2.9.22 Page 10 of 16

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Item 1J - Page 16
Revised 2.9.22 Page 11 of 16

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND PARK CONSULTING GROUP, INC.

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

CONTRACTOR:

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

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ 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
11/21/2022 11/21/2022
President Secretary
Item 1J - Page 17
Revised 2.9.22 Page 12 of 16
EXHIBIT “A”
CONSULTANT’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1J - Page 18
Consulting Group
Palm Springs - Amendment for Implementation Services for Tyler Tech EnerGov Project:

Park Consulting Group
Title: Proposal – Amendment for Implementation Services for Tyler Tech EnerGov Project Date: 11/17/2022
Client Contact: Jason Underwood, Assistant Director of IT; Kirsten D’Amato, IT Analyst PCG Contact: Glenn Park, President and Principal Consultant

PROPOSAL
Description of Work
Description:

The City of Palm Springs is seeking additional services from Park Consulting Group for the City’s Tyler Tech EnerGov Project. The project was originally planned to Go-Live in late 2022, to replace the existing BluePrince permitting system and create new capabilities for services managed through spreadsheets and other manually maintained processes. As the project progressed forward, and a better understanding of EnerGov’s new/ upgraded system capabilities were provided to the City’s stakeholders and staff, the project team has identified City-owned project tasks and responsibilities that require additional resources and expertise to successfully complete the project. The project timeline has been extended ~6 months, with a new planned Go-Live for May 2023, and the project team is seeking an amendment to fund the Park Consulting Group team through the project Go-Live, which includes Post-Go-Live support.

Tasks and Activities
All of the tasks and activities detailed in the City’s current agreement with Park Consulting Group will be included as part of this amendment. Additionally, the following tasks and activities have been further clarified of the work effort required to complete the project:
• Building
o 50 case type/workclass combinations requiring configuration, including BluePrince process validation, fee schedule review and assessment, 100+ fees conditioning, custom field layout updates and tab ordering, workflow updates, inspections, and online applications configuration. Approximately 16-20 hours of configuration per week.
o Meetings and working sessions with Building staff average 8-12 hours per week to complete configuration through a 4-month configuration period • Planning
o 59 case type/workclass combinations requiring configuration, including PETS system process validation, fee schedule review, fee conditioning, custom field layout updates, workflow updates, and online applications enabled. Approximately 16-20 hours of configuration per week.
o Meetings and working sessions with Planning staff averaging 2-4 hours a week, estimating 15-20 sessions.
• Fire
o Back office configuration validation and updates to workflows and inspections; Online application instruction updates required for all case types. Approximately 2-4 hours of configuration per week.
o Weekly meetings with Fire staff for 1 hour per week. Item 1J - Page 19 Consulting Group
• Code Enforcement
o 10 case type modifications required including configuration of violations, custom fields, workflow, and activities. Approximately 2-4 hours of configuration per week. o Weekly meetings with Code Enforcement staff for 1 hour per week. • Engineering
o Final validation of online applications with staff.
o Meetings with Engineering staff for 1 hour per week.
• Business License
o Bulk noticing and bulk certificate processing solution analysis as well as multiple department review workflow setup.
o Meetings with Finance staff for 1 hour per week.
• Special Programs
o 6 case types require process validation. Cannabis permit is proposed to be rebuilt in the Business License module, fee conditioning, custom field layout updates, workflow updates, and online applications enabled. Approximately 2-4 hours of configuration per week.
o Meetings with Special Programs staff for 1 hour per week. • Custom Reports and Forms
o 13 Custom Reports and Forms have been identified that have been identified in addition to the 16 Custom Reports and Forms currently being built under Tyler Tech’s scope of work.
o Up to 15 Custom Reports and Forms have been estimated to be developed by Park Consulting Group. Approximately 8-12 hours per report.
• Testing & Training
o The City will lead the facilitation of a compressed System Testing phase in parallel with configuration and build activities. PCG will perform configuration updates based on feedback provided by the City’s functional testers (not impacting Go-Live date). o The City and Tyler Tech will lead the facilitation of end-user system and process training. PCG will provide support on feedback provided by the City’s and Tyler Tech’s trainers on configuration updates (not impacting Go-Live date). • Go-Live Support Services
o The City is seeking onsite EnerGov Post Go-Live support services from Park Consulting Group during the first week of Go-Live. Services will include configuration and functional updates and issue resolution.
o Two (2) resources will be provided to travel onsite for the first week of Go-Live. o Go-Live is projected for May 2023.

Item 1J - Page 20
Consulting Group
Financial Impact:

The City is seeking an amendment to extend funding for an additional $249,000. Total amount for services will be billed from October 2022 – May 2023 based on the hourly rates:

Phase (Estimated Duration) Proposal
Configuration & Build (Oct - Jan) $139,000.00
Test & Train (Feb - May) $81,000.00
Go-Live Support (1 Week) $17,000.00
Travel Expense (1 Week all inclusive) $12,000.00
Total $249,000.00
Project Resource Hourly Rate
Principal Consultant $195/ Hour
Project Consultant $175/ Hour
Report / Data Consultant $175/ Hour
Acceptance
Approval
Date Title Approved By Signature
Assistant Director of
Information
Technology Jason Underwood
Item 1J - Page 21
Revised 2.9.22 Page 13 of 16
EXHIBIT “B”

INSURANCE

1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant’s performance under this Agreement.

Consultant 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.

Consultant 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 Consultant’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:

A. 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;
B. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
C. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
_____X____ is not required;
D. 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 Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Consultant’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant’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 1J - Page 23
Revised 2.9.22 Page 15 of 16
contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant 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 Consultant’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 Consultant’s Services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting 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 Consultant’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.

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

Item 1J - Page 24
Revised 2.9.22 Page 16 of 16
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

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

Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’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) Consultant 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. Consultant guarantees payment of all deductibles and self-insured retentions.

Item 1J - Page 25

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
10/27/2022
Burnham WGB Insurance Solutions
CA Insurance License 0F69771
15901 Red Hill Avenue
Tustin CA 92780
Rachelle Williams 714-505-7000 714-573-1770 [email protected] Citizen Insurance of America PARKC-2 The Hanover Insurance Co Park Consulting Group, Inc.
200 Spectrum Center Dr Ste 300
Irvine CA 92618
219840709
A 2,000,000 1,000,000 X 500 5,000 2,000,000 4,000,000
OB3D808332 1/18/2022 1/18/2023
4,000,000
A 1,000,000 X X
OB3D808332 1/18/2022 1/18/2023
B W23H631525 6/1/2022 6/1/2023
X
1,000,000 1,000,000 1,000,000
B
B
B
Errors & Omissions
Cyber & Privacy Security
Crime
LH3H431766
LH3H431766
BD3H96930900
1/18/2022
1/18/2022
3/31/2022
1/18/2023
1/18/2023
1/18/2023
Each Limit
Aggregate
Limit
$2,000,000
$2,000,000
$2,000,000
The City of Palm Springs, its officials, employees, and agents are named as an additional insured for any and all work performed by Park Consulting Group with the City of Palm Springs. This insurance is primary and non-contributory over any insurance or self-insurance the City may have for any and all work performed by Park Consulting Group with the City of Palm Springs. Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named.

Waiver of Subrogation applies to the Workers' Compensation per attached 331-0342 09 11.

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

THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE Item 1J - Page 26
~
I ACORD® ~
I
~
• • ~
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Item 1J - Page 27
~
4 ~Hanover
Insurance GroupO83 D808332 1001 141
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM
SUMMARY OF COVERAGES Limits Page

1. Additional Insured by Contract, Agreement or Permit Included 1

2. Additional Insured - Broad Form Vendors Included 2

3. Alienated Premises Included 3

4. Broad Form Property Damage - Borrowed Equipment, Customers Included 3 Goods and Use of Elevators

5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3

6. Personal and Advertising Injury - Broad Form Included 4

7. Product Recall Expense Included 4
Product Recall Expense Each Occurrence Limit $25,000 5 Occurrence Product Recall Expense Aggregate Limit $50,000 5 Aggregate Product Recall Deductible $500 5

8. Unintentional Failure to Disclose Hazards Included 6

9. Unintentional Failure to Notify Included 6
This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below.

The following changes are made to SECTION II - LIABILITY:

1. Additional Insured by Contract, Agreement or
Permit
The following is added to SECTION II -
LIABILITY, C. Who Is An Insured:

Additional Insured by Contract, Agreement or
Permit
a. Any person or organization with whom you
agreed in a written contract, written
agreement or permit to add such person or
organization as an additional insured on
your policy is an additional insured only with
respect to liability for "bodily injury",
"property damage", or "personal and
advertising injury" caused, in whole or in
part, by your acts or omissions, or the acts
or omissions of those acting on your behalf,
but only with respect to:
(1) "Your work" for the additional insured(s)
designated in the contract, agreement or
permit;
(2) Premises you own, rent, lease or
occupy; or
(3) Your maintenance, operation or use of
equipment leased to you.
b. The insurance afforded to such additional
insured described above:
(1) Only applies to the extent permitted by
law; and
(2) Will not be broader than the insurance
which you are required by the contract,
agreement or permit to provide for such
additional insured.
(3) Applies on a primary basis if that is
required by the written contract, written
agreement or permit.
(4) Will not be broader than coverage
provided to any other insured.
(5) Does not apply if the "bodily injury",
"property damage" or "personal and
advertising injury" is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto.
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 1 of 6 Item 1J - Page 28
c. This provision does not apply:
(1) Unless the written contract or written
agreement was executed or permit was
issued prior to the "bodily injury",
"property damage", or "personal injury
and advertising injury".
(2) To any person or organization included
as an insured by another endorsement
issued by us and made part of this
Coverage Part.
(3) To any lessor of equipment:
(a) After the equipment lease expires; or
(b) If the "bodily injury", "property
damage", "personal and advertising
injury" arises out of sole negligence
of the lessor.
(4) To any:
(a) Owners or other interests from whom
land has been leased if the
"occurrence" takes place or the
offense is committed after the lease
for the land expires; or
(b) Managers or lessors of premises if:
(i) The "occurrence" takes place or
the offense is committed after
you cease to be a tenant in that
premises; or
(ii) The "bodily injury", "property
damage", "personal injury" or
"advertising injury" arises out of
structural alterations, new
construction or demolition
operations performed by or on
behalf of the manager or lessor.
(5) To "bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or the failure to
render any professional services.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
hiring, employment, training or
monitoring of others by that insured, if
the "occurrence" which caused the
"bodily injury" or "property damage" or
the offense which caused the "personal
and advertising injury" involved the
rendering of or failure to render any
professional services by or for you.
d. With respect to the insurance afforded to
these additional insureds, the following is
added to SECTION II - LIABILITY, D. Liability
and Medical Expense Limits of Insurance:

The most we will pay on behalf of the
additional insured for a covered claim is the
lesser of the amount of insurance:

1. Required by the contract, agreement or
permit described in Paragraph a.; or

2. Available under the applicable Limits of
Insurance shown in the Declarations.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations
e. All other insuring agreements, exclusions, and conditions of the policy apply.

2. Additional Insured - Broad Form Vendors
The following is added to SECTION II -
LIABILITY, C. Who Is An Insured:

Additional Insured - Broad Form Vendors
a. Any person or organization that is a vendor
with whom you agreed in a written contract
or written agreement to include as an
additional insured under this Coverage Part
is an insured, but only with respect to liability
for "bodily injury" or "property damage"
arising out of "your products" which are
distributed or sold in the regular course of
the vendor's business.
b. The insurance afforded to such vendor
described above:
(1) Only applies to the extent permitted by
law;
(2) Will not be broader than the insurance
which you are required by the contract or
agreement to provide for such vendor;
(3) Will not be broader than coverage
provided to any other insured; and
(4) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded
from coverage under this Coverage Part, including any endorsements thereto c. With respect to insurance afforded to such
vendors, the following additional exclusions
apply:

The insurance afforded to the vendor does
not apply to:
(1) "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reasons of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the insured would have in
the absence of the contract or
agreement;
(2) Any express warranty unauthorized by
you;
391-1006 0816 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 2 of 6 Item 1J - Page 29
(3) Any physical or chemical change in the
product made intentionally by the
vendor;
(4) Repackaging, unless unpacked solely for
the purpose of inspection,
demonstration, testing, or the
substitution of parts under instruction
from the manufacturer, and then
repackaged in the original container;
~
4 ~Hanover
Insurance GroupO83 D808332 1001 141
The most we will pay on behalf of the vendor
for a covered claim is the lesser of the
amount of insurance:

1. Required by the contract or agreement
described in Paragraph a.; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations. (5) Any failure to make such inspection,
adjustments, tests or servicing as the
vendor has agreed to make or normally
undertakes to make in the usual course

3. Alienated Premises
of business in connection with the sale
of the product;
(6) Demonstration, installation, servicing or
repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
(7) Products which, after distribution or sale
SECTION II - LIABILITY, B. Exclusions, 1.

Applicable To Business liability Coverage k. Damage to Property, paragraph (2) is replaced by the following:
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any part
of those premises and occurred from hazards
that were known by you, or should have
reasonably been known by you, at the time
by you the property was transferred or abandoned. , have been labeled or relabeled or used as a container, part or
ingredient of any other thing or
substance by or for the vendor;

4. Broad Form Property Damage - Borrowed
Equipment, Customers Goods, Use of Elevators
(8) "Bodily injury" or "property damage"
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(a) The exceptions contained within the
exclusion in subparagraphs (4) or (6)
above; or
(b) Such inspections, adjustments, tests
or servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products.
(9) "Bodily injury" or "property damage"
arising out of an "occurrence" that took
place before you have signed the
contract or agreement with the vendor.
(10)To any person or organization included
as an insured by another endorsement
issued by us and made part of this
Coverage Part.
(11)Any insured person or organization,
from whom you have acquired such
products, or any ingredient, part or
container, entering into, accompanying 5.
or containing such products.
d. With respect to the insurance afforded to
these vendors, the following is added to
SECTION II - LIABILITY, D. Liability and
Medical Expense Limits of Insurance :
a. The following is added to SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, k. Damage to
Property:

Paragraph (4) does not apply to "property
damage" to borrowed equipment while at a
jobsite and not being used to perform
operations.

Paragraph (3), (4) and (6) do not apply to
"property damage" to "customers goods"
while on your premises nor to the use of
elevators.
b. For the purposes of this endorsement, the
following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions:

1. "Customers goods" means property of
your customer on your premises for the
purpose of being:
a. Worked on; or
b. Used in your manufacturing process.
c. The insurance afforded under this provision is
excess over any other valid and collectible
property insurance (including deductible)
available to the insured whether primary,
excess, contingent or on any other basis.

Incidental Malpractice - Employed Nurses, EMrs
and Paramedics
SECTION II - LIABILITY, C. Who Is An Insured ,
paragraph 2.a.(1)(d) does not apply to a nurse,
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 3 of 6 Item 1J - Page 30

1. SECTION I - PROPERTY, if two or more of
this coverage part's coverages apply to
the same loss or damage, we will not pay
more than the actual amount of the loss or
damage.

2. SECTION II - LIABILITY, it is our stated
intent that the various Coverage Parts,
forms, endorsements or policies issued to
the named insured by us, or any company
affiliated with us, do not provide any
duplication or overlap of coverage for the
same claim, "suit", "occurrence", offense,
accident, "wrongful act" or loss. We will
not pay more than the actual amount of
the loss or damage.

If this Coverage Part and any other
Coverage Part, form, endorsement or
policy issued to the named insured by us,
or any company affiliated with us, apply to
the same claim, "suit", occurrence,
offense, accident, "wrongful act" or loss,
the maximum Limit of Insurance under all
such Coverage Parts, forms,
endorsements or policies combined shall
not exceed the highest applicable Limit of
Insurance under any one Coverage Part,
form, endorsement or policy.

This condition does not apply to any
Excess or Umbrella Policy issued by us
specifically to apply as excess insurance
over this policy.

G. Liberalization
If we adopt any revision that would broaden
the coverage under this policy without
additional premium within 45 days prior to or
during the policy period, the broadened
coverage will immediately apply to this policy.

H. Other Insurance

1. SECTION I - PROPERTY
If there is other insurance covering the
same loss or damage, we will pay only for
the amount of covered loss or damage in
excess of the amount due from that other
insurance, whether you can collect on it or
not. But, we will not pay more than the
applicable Limit of Insurance of SECTION I
- PROPERTY.

2. SECTION II - LIABILITY
If other valid and collectible insurance is
available to the insured for a loss we
cover under SECTION II - LIABILITY, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when
paragraph b. below applies. If this
insurance is primary, our obligations
are not affected unless any of the
other insurance is also primary. Then,
we will share with all that other
insurance by the method described in
paragraph c. below.
~
~~Hanover
Insurance Group,.

OB3 D808332 1001141
However, if you agree in a written
contract, written agreement, or
written permit that the insurance
provided to any person or
organization included as an
Additional Insured under this
Coverage Part is primary and
non-contributory, we will not seek
contribution from any other
insurance available to that Additional
Insured which covers the Additional
Insured as a Named Insured except:
(1) For the sole negligence of the
Additional Insured; or
(2) When the Additional Insured is
an Additional Insured under
another liability policy.
b. Excess Insurance
This insurance is excess over:
(1) Any of the other insurance,
whether primary, excess,
contingent or on any other basis:
(a) That is Fire, Extended
Coverage, Builder's Risk,
Installation Risk or similar
coverage for "your work";
(b) That is Property Insurance for
premises rented to you or
temporarily occupied by you
with permission of the owner;
(c) That is insurance purchased
by you to cover your liability
as a tenant for "property
damage" to premises rented
to you or temporarily
occupied by you with
permission of the owner; or
(d) If the loss arises out of the
maintenance or use of
aircraft, "autos" or watercraft
to the extent not subject to

SECTION II LIABILITY,
Exclusion g. Aircraft, Auto or
Watercraft; and
(2) Any other primary insurance
available to you covering liability
for damages arising out of the
premises or operations, or the
products and completed
operations, for which you have
been added as an additional
insured by attachment of an
endorsement.

When this insurance is excess, we
will have no duty under SECTION II -
LIABILITY to defend the insured
against any "suit" if any other
insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to
do so, but we will be entitled to the
391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 79 of 81 Item 1J - Page 31
insured's rights against all those other
insurers.
c. When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in
the absence of this insurance; and
(2) The total of all deductible and
self-insured amounts under all that
other insurance.
d. We will share the remaining loss, if any,
with any other insurance that is not
described in this provision and was not
bought specifically to apply in excess of
the Limits of Insurance shown in the
Declarations for this Coverage.
e. Method of Sharing
If all of the other insurance permits
contribution by equal shares, we will
follow this method also. Under this
approach each insurer contributes equal
amounts until it has paid its applicable
Limit of Insurance or none of the loss
remains, whichever comes first.

If any of the other insurance does not
permit contribution by equal shares, we
will contribute by limits. Under this
method, each insurer's share is based on
the ratio of its applicable Limit of
Insurance to the total applicable limits of
insurance of all insurers.
f. When this insurance is excess, we will
have no duty under Business Liability
Coverage to defend any claim or "suit"
that any other insurer has a duty to
defend. If no other insurer defends, we
will undertake to do so; but we will be
entitled to the insured's rights against all
those other insurers.

I. Premiums

1. The first Named Insured shown in the
Declarations:
a. Is responsible for the payment of all
premiums; and
b. Will be the payee for any return
premiums we pay.

2. The premium shown in the Declarations was
computed based on rates in effect at the time
the policy was issued. On each renewal,
continuation or anniversary of the effective
date of this policy, we will compute the
premium in accordance with our rates and
rules then in effect.

3. With our consent, you may continue this
policy in force by paying a continuation
premium for each successive one-year
period. The premium must be:
a. Paid to us prior to the anniversary
date; and
b. Determined in accordance with
paragraph 2. above.

Our forms then in effect will apply. If you
do not pay the continuation premium, this
policy will expire on the first anniversary
date that we have not received the
premium.

4. Undeclared exposures or change in your
business operation, acquisition or use of
locations may occur during the policy
period that is not shown in the
Declarations. If so, we may require an
additional premium. That premium will be
determined in accordance with our rates
and rules then in effect.

J. Premium Audit

1. This policy is subject to audit if a premium
designated as an advance premium is
shown in the Declarations. We will
compute the final premium due when we
determine your actual exposures.

2. Premium shown in this policy as advance
premium is a deposit premium only. At the
close of each audit period, we will
compute the earned premium for that
period and send notice to the first Named
Insured. The due date for audit premiums
is the date shown as the due date on the
bill. If the sum of the advance and audit
premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named
Insured.

3. The first Named Insured must keep
records of the information we need for
premium computation and send us copies
at such times as we may request.

K. Transfer of Rights of Recovery Against Others
to Us

1. Applicable to SECTION I - PROPERTY
Coverage:

If any person or organization to or for
whom we make payment under this policy
has rights to recover damages from
another, those rights are transferred to us
to the extent of our payment. That person
or organization must do everything
necessary to secure our rights and must
do nothing after loss to impair them. But
you may waive your rights against another
party in writing:
391-1003 0816 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 80 of 81 Item 1J - Page 32
a. Prior to a loss to your Covered
Property.
b. After a loss to your Covered Property
only if, at time of loss, that party is
one of the following:
(1) Someone insured by this
insurance;
(2) A business firm:
(a) Owned or controlled by you;
or
(b) That owns or controls you; or
(3) Your tenant.

You may also accept the usual bills of
lading or shipping receipts limiting the
liability of carriers.

This will not restrict your insurance.

2. Applicable to SECTION II - LIABILITY
Coverage:

If the insured has rights to recover all or
part of any payment we have made
under this Coverage Part, those rights
are transferred to us. The insured must
do nothing after loss to impair such
rights. At our request, the insured will
bring "suit" or transfer those rights to us
and help us enforce them.
~
~~Hanover
Insurance Group,.

OB3 D808332 1001141
We waive any right of recovery we may
have against any person or
organization with whom you have a
written contract, permit or agreement
to waive any rights of recovery against
such person or organization because of
payments we make for injury or
damage arising out of your ongoing
operations or "your work" done under a
contract with that person or
organization and included in the
"products-completed operations
hazard".

This condition does not apply to
Medical Expenses Coverage.

L. Transfer of Your Rights and Duties Under
This Policy
Your rights and duties under this policy
may not be transferred without our written
consent except in the case of death of an
individual Named Insured. If you die, your
rights and duties will be transferred to your
legal representative but only while that
legal representative is acting within the
scope of their duties as your legal
representative. Until your legal
representative is appointed, anyone with
proper temporary custody of your property
will have your rights and duties but only
with respect to that property.
391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 81 of 81

NOTICE OF CANCELLATION TO DESIGNATED ENTITY(S)
This endorsement modifies insurance provided under the following:

WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE POLICY

SCHEDULE
Name of Designated Entity Mailing Address or Email Address Number Days Notice Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

If we cancel this policy for any reason other than nonpayment of premium, we will give written notice of such cancellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity(s) will state the effective date of cancellation.

Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no more than the number of days in advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation.

Such notice of cancellation is solely for the purpose of informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No.

Insured Insurance Company
Countersigned By

Page 1 of 1 ends

Palm Springs City CouncilDecember 5, 2022

Palm Springs City Council
December 5, 2022